[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          14


          Parts 60 to 139

                         Revised as of January 1, 2005


          Aeronautics and Space
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2005
          With Ancillaries
                    Published by:
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

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

              
              
          U . S . G O V E R N M E N T P R I N T I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC 
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[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........     875
      Table of CFR Titles and Chapters........................     877
      Alphabetical List of Agencies Appearing in the CFR......     895
      List of CFR Sections Affected...........................     905

[[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, 2005), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800 or DC area, 202-512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2250, 24 hours a day. For payment by check, 
write to the Superintendent of Documents, Attn: New Orders, P.O. Box 
371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-
512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.gpoaccess.gov/nara (``GPO Access''). For more information, 
contact Electronic Information Dissemination Services, U.S. Government 
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2005.

[[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 and chapter VI--Office of Management and 
Budget. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of January 1, 2005.

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

[[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, flight instructors, 
                    and ground instructors..................           5
63              Certification: Flight crewmembers other than 
                    pilots..................................         118
65              Certification: Airmen other than flight 
                    crewmembers.............................         137
67              Medical standards and certification.........         159
                         SUBCHAPTER E--AIRSPACE
71              Designation of class A, B, C, D, and E 
                    airspace areas; air traffic service 
                    routes; and reporting points............         172
73              Special use airspace........................         176
75              [Reserved]
77              Objects affecting navigable airspace........         178
          SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES
91              General operating and flight rules..........         192
93              Special air traffic rules...................         328
95              IFR altitudes...............................         354
97              Standard instrument approach procedures.....         362
99              Security control of air traffic.............         365
101             Moored balloons, kites, unmanned rockets and 
                    unmanned free balloons..................         369
103             Ultralight vehicles.........................         373

[[Page 4]]

105             Parachute Operations........................         375
   SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS
119             Certification: Air carriers and commercial 
                    operators...............................         383
121             Operating requirements: Domestic, flag, and 
                    supplemental operations.................         403
125             Certification and operations: Airplanes 
                    having a seating capacity of 20 or more 
                    passengers or a maximum payload capacity 
                    of 6,000 pounds or more; and rules 
                    governing persons on board such aircraft         641
129             Operations: Foreign air carriers and foreign 
                    operators of U.S.-registered aircraft 
                    engaged in common carriage..............         704
133             Rotorcraft external-load operations.........         714
135             Operating requirements: Commuter and on 
                    demand operations and rules governing 
                    persons on board such aircraft..........         721
136             National parks air tour management..........         840
137             Agricultural aircraft operations............         844
139             Certification of airports...................         851

[[Page 5]]



                           SUBCHAPTER D_AIRMEN



                           PART 60 [RESERVED]



PART 61_CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS
--Table of Contents




Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 73
Special Federal Aviation Regulation No. 93
Special Federal Aviation Regulation No. 100

                            Subpart A_General

Sec.
61.1 Applicability and definitions.
61.3 Requirement for certificates, ratings, and authorizations.
61.4 Qualification and approval of flight simulators and flight training 
          devices.
61.5 Certificates and ratings issued under this part.
61.7 Obsolete certificates and ratings.
61.9 [Reserved]
61.11 Expired pilot certificates and reissuance.
61.13 Issuance of airman certificates, ratings, and authorizations.
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.
61.18 Security disqualification.
61.19 Duration of pilot and instructor certificates.
61.21 Duration of a Category II and a Category III pilot authorization 
          (for other than part 121 and part 135 use).
61.23 Medical certificates: Requirement and duration.
61.25 Change of name.
61.27 Voluntary surrender or exchange of certificate.
61.29 Replacement of a lost or destroyed airman or medical certificate 
          or knowledge test report.
61.31 Type rating requirements, additional training, and authorization 
          requirements.
61.33 Tests: General procedure.
61.35 Knowledge test: Prerequisites and passing grades.
61.37 Knowledge tests: Cheating or other unauthorized conduct.
61.39 Prerequisites for practical tests.
61.41 Flight training received from flight instructors not certificated 
          by the FAA.
61.43 Practical tests: General procedures.
61.45 Practical tests: Required aircraft and equipment.
61.47 Status of an examiner who is authorized by the Administrator to 
          conduct practical tests.
61.49 Retesting after failure.
61.51 Pilot logbooks.
61.52 Use of aeronautical experience obtained in ultralight vehicles.
61.53 Prohibition on 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 pilot flight crewmember.
61.59 Falsification, reproduction, or alteration of applications, 
          certificates, logbooks, reports, or records.
61.60 Change of address.

           Subpart B_Aircraft Ratings and Pilot Authorizations

61.61 Applicability.
61.63 Additional aircraft ratings (other than on an airline transport 
          pilot certificate).
61.64 [Reserved]
61.65 Instrument rating requirements.
61.67 Category II pilot authorization requirements.
61.68 Category III pilot authorization requirements.
61.69 Glider and unpowered ultralight vehicle towing: Experience and 
          training requirements.
61.71 Graduates of an approved training program other than under this 
          part: Special rules.
61.73 Military pilots or former military pilots: Special rules.
61.75 Private pilot certificate issued on the basis of a foreign pilot 
          license.
61.77 Special purpose pilot authorization: Operation of U.S.-registered 
          civil aircraft leased by a person who is not a U.S. citizen.

                        Subpart C_Student Pilots

61.81 Applicability.
61.83 Eligibility requirements for student pilots.
61.85 Application.
61.87 Solo requirements for student pilots.
61.89 General limitations.
61.91 [Reserved]
61.93 Solo cross-country flight requirements.

[[Page 6]]

61.94 Student pilot seeking a sport pilot certificate or a recreational 
          pilot certificate: Operations at airports within, and in 
          airspace located within, Class B, C, and D airspace, or at 
          airports with an operational control tower in other airspace.
61.95 Operations in Class B airspace and at airports located within 
          Class B airspace.

                      Subpart D_Recreational Pilots

61.96 Applicability and eligibility requirements: General.
61.97 Aeronautical knowledge.
61.98 Flight proficiency.
61.99 Aeronautical experience.
61.100 Pilots based on small islands.
61.101 Recreational pilot privileges and limitations.

                        Subpart E_Private Pilots

61.102 Applicability.
61.103 Eligibility requirements: General.
61.105 Aeronautical knowledge.
61.107 Flight proficiency.
61.109 Aeronautical experience.
61.110 Night flying exceptions.
61.111 Cross-country flights: Pilots based on small islands.
61.113 Private pilot privileges and limitations: Pilot in command.
61.115 Balloon rating: Limitations.
61.117 Private pilot privileges and limitations: Second in command of 
          aircraft requiring more than one pilot.
61.118-61.120 [Reserved]

                       Subpart F_Commercial Pilots

61.121 Applicability.
61.123 Eligibility requirements: General.
61.125 Aeronautical knowledge.
61.127 Flight proficiency.
61.129 Aeronautical experience.
61.131 Exceptions to the night flying requirements.
61.133 Commercial pilot privileges and limitations.
61.135-61.141 [Reserved]

                   Subpart G_Airline Transport Pilots

61.151 Applicability.
61.153 Eligibility requirements: General.
61.155 Aeronautical knowledge.
61.157 Flight proficiency.
61.158 [Reserved]
61.159 Aeronautical experience: Airplane category rating.
61.161 Aeronautical experience: Rotorcraft category and helicopter class 
          rating.
61.163 Aeronautical experience: Powered-lift category rating.
61.165 Additional aircraft category and class ratings.
61.167 Privileges.
61.169-61.171 [Reserved]

Subpart H_Flight Instructors Other Than Flight Instructors With a Sport 
                              Pilot Rating

61.181 Applicability.
61.183 Eligibility requirements.
61.185 Aeronautical knowledge.
61.187 Flight proficiency.
61.189 Flight instructor records.
61.191 Additional flight instructor ratings.
61.193 Flight instructor privileges.
61.195 Flight instructor limitations and qualifications.
61.197 Renewal of flight instructor certificates.
61.199 Expired flight instructor certificates and ratings.
61.201 [Reserved]

                      Subpart I_Ground Instructors

61.211 Applicability.
61.213 Eligibility requirements.
61.215 Ground instructor privileges.
61.217 Recent experience requirements.

                         Subpart J_Sport Pilots

61.301 What is the purpose of this subpart and to whom does it apply?
61.303 If I want to operate a light-sport aircraft, what operating 
          limits and endorsement requirements in this subpart must I 
          comply with?
61.305 What are the age and language requirements for a sport pilot 
          certificate?
61.307 What tests do I have to take to obtain a sport pilot certificate?
61.309 What aeronautical knowledge must I have to apply for a sport 
          pilot certificate?
61.311 What flight proficiency requirements must I meet to apply for a 
          sport pilot certificate?
61.313 What aeronautical experience must I have to apply for a sport 
          pilot certificate?
61.315 What are the privileges and limits of my sport pilot certificate?
61.317 Is my sport pilot certificate issued with aircraft category and 
          class ratings?
61.319 Can I operate a make and model of aircraft other than the make 
          and model for which I have received an endorsement?
61.321 How do I obtain privileges to operate an additional category or 
          class of light-sport aircraft?
61.323 How do I obtain privileges to operate a make and model of lights-
          port aircraft in the same category and class within a 
          different set of aircraft?
61.325 How do I obtain privileges to operate a light-sport aircraft at 
          an airport within, or in airspace within, Class B, C, and D 
          airspace, or in other airspace with an

[[Page 7]]

          airport having an operational control tower?
61.327 How do I obtain privileges to operate a light-sport aircraft that 
          has a VH greater than 87 knots CAS?
61.329 Are there special provisions for obtaining a sport pilot 
          certificate for persons who are registered ultralight pilots 
          with an FAA-recognized ultralight organization?

         Subpart K_Flight Instructors With a Sport Pilot Rating

61.401 What is the purpose of this subpart?
61.403 What are the age, language, and pilot certificate requirements 
          for a flight instructor certificate with a sport pilot rating?
61.405 What tests do I have to take to obtain a flight instructor 
          certificate with a sport pilot rating?
61.407 What aeronautical knowledge must I have to apply for a flight 
          instructor certificate with a sport pilot rating?
61.409 What flight proficiency requirements must I meet to apply for a 
          flight instructor certificate with a sport pilot rating?
61.411 What aeronautical experience must I have to apply for a flight 
          instructor certificate with a sport pilot rating?
61.413 What are the privileges of my flight instructor certificate with 
          a sport pilot rating?
61.415 What are the limits of a flight instructor certificate with a 
          sport pilot rating?
61.417 Will my flight instructor certificate with a sport pilot rating 
          list aircraft category and class ratings?
61.419 How do I obtain privileges to provide training in an additional 
          category or class of light-sport aircraft?
61.421 May I give myself an endorsement?
61.423 What are the recordkeeping requirements for a flight instructor 
          with a sport pilot rating?
61.425 How do I renew my flight instructor certificate?
61.427 What must I do if my flight instructor certificate with a sport 
          pilot rating expires?
61.429 May I exercise the privileges of a flight instructor certificate 
          with a sport pilot rating if I hold a flight instructor 
          certificate with another rating?
61.431 Are there special provisions for obtaining a flight instructor 
          certificate with a sport pilot rating for persons who are 
          registered ultralight instructors with an FAA-recognized 
          ultralight organization?

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

    Source: Docket No. 25910, 62 FR 16298, Apr. 4, 1997, unless 
otherwise noted.

               Special Federal Aviation Regulation No. 58

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

 Special Federal Aviation Regulation No. 73--Robinson R-22/R-44 Special 
                  Training and Experience Requirements

                                Sections

    1. Applicability.
    2. Required training, aeronautical experience, endorsements, and 
flight review.
    3. Expiration date.
    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 that person's pilot certificate and meets the experience 
requirements of paragraph (b)(1) or paragraph (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

[[Page 8]]

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 is 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 R-44 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-44. The pilot in command 
may credit up to 25 flight hours in the Robinson R-22 toward the 50 hour 
requirement in the Robinson R-44; or
    (ii) Has had at least 10 hours dual instruction in a Robinson 
helicopter, at least 5 hours of which must have been accomplished in the 
Robinson R-44 helicopter 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 a Robinson 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 rotorcraft 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 R-22 or R-44 unless that 
instructor--
    (i) Completes the awareness training in paragraph 2(a) of this SFAR.
    (ii) For the Robinson R-22, has had at least 200 flight hours in 
helicopters, at least 50 flight hours of which were in the Robinson R-
22, or for the Robinson R-44, has had at least 200 flight hours in 
helicopters, 50 flight hours of which were in Robinson helicopters. Up 
to 25 flight hours of Robinson R-22 flight time may be credited toward 
the 50 hour requirement.
    (iii) Has completed flight training in a Robinson R-22, R-44, or 
both, on the following abnormal and emergency procedures--

[[Page 9]]

    (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) Has 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 terminates on March 31, 2008, unless 
sooner superceded or rescinded.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by SFAR 73-1, 63 
FR 666, Jan. 7, 1998; 68 FR 43, Jan. 2, 2003]

Special Federal Aviation Regulation No. 93--Temporary Extension of Time 
                To Allow for Certain Training and Testing

    1. Applicability. This SFAR applies to all part 121 and 135 check 
airmen (simulator) and flight instructors (simulator), part 121 aircraft 
dispatchers, and part 142 training center instructors who were required 
to complete qualification requirements, an inflight line observation 
program, or operating familiarization in September 2001 to become 
qualified, or remain qualified, to perform their assigned duties. It 
also applies to persons who have satisfactorily accomplished the part 61 
aeronautical knowledge test or the part 63 written test, either one of 
which has an expiration date of September 2001 for pilot, flight 
instructor, or flight engineer certification.
    2. Special Qualification Requirements. The sections of 14 CFR that 
prescribes these requirements are sections 61.39(a)(1); 63.35(d); 
121.411(f); 121.412(f); 121.463(a)(2); 121.463(c); 135.337(f); 
135.338(f); 142.53(b)(2) and (b)(3).
    3. Extension of Time to Fulfill Certain Qualification Requirements. 
Persons identified in paragraph 1 of this SFAR who had until the end of 
September 2001 to complete the specified qualification requirements in 
September 2001 will be deemed to have completed those requirements in 
September 2001 provided they satisfactorily complete those requirements 
by November 30, 2001. For those persons identified in paragraph 1, who 
are qualifying for the first time to be a check airmen (simulator), 
flight instructor (simulator), aircraft dispatcher, or training center 
instructor, they must fulfill the applicable qualification requirements 
before they may serve as a check airmen (simulator), flight instructor 
(simulator), aircraft dispatcher, or training center instructor, as 
appropriate. This extension does not change the 12-calendar-month 
requirement for aircraft dispatchers or the anniversary month for check 
airmen, flight instructors and training center instructors. Therefore, 
if you were due for qualification in September 2001 you will be due for 
qualification September 2002, regardless of this extension for 2001.
    4. Termination Date. This Special Federal Aviation Regulation 
expires November 30, 2001.

[Doc. No. FAA-2001-10797, 66 FR 52279, Oct. 12, 2001]

 Special Federal Aviation Regulation No. 100--Relief for U.S. Military 
  and Civilian Personnel Who Are Assigned Outside the United States in 
                 Support of U.S. Armed Forces Operations

    1. Applicability. Flight Standards District Offices are authorized 
to accept from an eligible person, as described in paragraph 2 of this 
SFAR, the following:
    (a) An expired flight instructor certificate to show eligibility for 
renewal of a flight instructor certificate under Sec. 61.197, or an 
expired written test report to show eligibility under part 61 to take a 
practical test;
    (b) An expired written test report to show eligibility under 
Sec. Sec. 63.33 and 63.57 to take a practical test; and
    (c) An expired written test report to show eligibility to take a 
practical test required under part 65 or an expired inspection 
authorization to show eligibility for renewal under Sec. 65.93.

[[Page 10]]

    2. Eligibility. A person is eligible for the relief described in 
paragraph 1 of this SFAR if:
    (a) The person served in a U.S. military or civilian capacity 
outside the United States in support of the U.S. Armed Forces' operation 
during some period of time from September 11, 2001, to June 20, 2005;
    (b) The person's flight instructor certificate, airman written test 
report, or inspection authorization expired some time between September 
11, 2001, and 6 calendar months after returning to the United States, or 
June 20, 2005, whichever is earlier; and
    (c) The person complies with Sec. 61.197 or Sec. 65.93 of this 
chapter, as appropriate, or completes the appropriate practical test 
within 6 calendar months after returning to the United States, or June 
20, 2005, whichever is earlier.
    3. Required documents. The person must send the Airman Certificate 
and/or Rating Application (FAA Form 8710-1) to the appropriate Flight 
Standards District Office. The person must include with the application 
one of the following documents, which must show the date of assignment 
outside the United States and the date of return to the United States:
    (a) An official U.S. Government notification of personnel action, or 
equivalent document, showing the person was a civilian on official duty 
for the U.S. Government outside the United States and was assigned to a 
U.S. Armed Forces' operation some time between September 11, 2001, and 
June 20, 2005;
    (b) Military orders showing the person was assigned to duty outside 
the United States and was assigned to a U.S. Armed Forces' operation 
some time between September 11, 2001, and June 20, 2005; or
    (c) A letter from the person's military commander or civilian 
supervisor providing the dates during which the person served outside 
the United States and was assigned to a U.S. Armed Forces' operation 
some time between September 11, 2001, and June 20, 2005.
    4. Expiration date. This Special Federal Aviation Regulation No. 100 
expires June 20, 2005, unless sooner superseded or rescinded.

[Doc. No. FAA-2003-15431, 68 FR 36905, June 20, 2003]

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36905, June 
20, 2003, SFAR No. 100 was added, effective June 20, 2003, through June 
20, 2005.



                            Subpart A_General



Sec. 61.1  Applicability and definitions.

    (a) This part prescribes:
    (1) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings; the conditions under which 
those certificates and ratings are necessary; and the privileges and 
limitations of those certificates and ratings.
    (2) The requirements for issuing pilot, flight instructor, and 
ground instructor authorizations; the conditions under which those 
authorizations are necessary; and the privileges and limitations of 
those authorizations.
    (3) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings for persons who have taken 
courses approved by the Administrator under other parts of this chapter.
    (b) For the purpose of this part:
    (1) Aeronautical experience means pilot time obtained in an 
aircraft, flight simulator, or flight training device for meeting the 
appropriate training and flight time requirements for an airman 
certificate, rating, flight review, or recency of flight experience 
requirements of this part.
    (2) Authorized instructor means--
    (i) A person who holds a valid ground instructor certificate issued 
under part 61 or part 143 of this chapter when conducting ground 
training in accordance with the privileges and limitations of his or her 
ground instructor certificate;
    (ii) A person who holds a current flight instructor certificate 
issued under part 61 of this chapter when conducting ground training or 
flight training in accordance with the privileges and limitations of his 
or her flight instructor certificate; or
    (iii) A person authorized by the Administrator to provide ground 
training or flight training under SFAR No. 58, or part 61, 121, 135, or 
142 of this chapter when conducting ground training or flight training 
in accordance with that authority.
    (3) Cross-country time means--
    (i) Except as provided in paragraphs (b)(3)(ii) through (b)(3)(vi) 
of this section, time acquired during flight--
    (A) Conducted by a person who holds a pilot certificate;
    (B) Conducted in an aircraft;
    (C) That includes a landing at a point other than the point of 
departure; and

[[Page 11]]

    (D) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (ii) For the purpose of meeting the aeronautical experience 
requirements (except for a rotorcraft category rating), for a private 
pilot certificate (except for a powered parachute category rating), a 
commercial pilot certificate, or an instrument rating, or for the 
purpose of exercising recreational pilot privileges (except in a 
rotorcraft) under Sec. 61.101 (c), time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That includes a point of landing that was at least a straight-
line distance of more than 50 nautical miles from the original point of 
departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (iii) For the purpose of meeting the aeronautical experience 
requirements for a sport pilot certificate (except for powered parachute 
privileges), time acquired during a flight conducted in an appropriate 
aircraft that--
    (A) Includes a point of landing at least a straight line distance of 
more than 25 nautical miles from the original point of departure; and
    (B) Involves, as applicable, the use of dead reckoning; pilotage; 
electronic navigation aids; radio aids; or other navigation systems to 
navigate to the landing point.
    (iv) For the purpose of meeting the aeronautical experience 
requirements for a sport pilot certificate with powered parachute 
privileges or a private pilot certificate with a powered parachute 
category rating, time acquired during a flight conducted in an 
appropriate aircraft that--
    (A) Includes a point of landing at least a straight line distance of 
more than 15 nautical miles from the original point of departure; and
    (B) Involves, as applicable, the use of dead reckoning; pilotage; 
electronic navigation aids; radio aids; or other navigation systems to 
navigate to the landing point.
    (v) For the purpose of meeting the aeronautical experience 
requirements for any pilot certificate with a rotorcraft category rating 
or an instrument-helicopter rating, or for the purpose of exercising 
recreational pilot privileges, in a rotorcraft, under Sec. 61.101(c), 
time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That includes a point of landing that was at least a straight-
line distance of more than 25 nautical miles from the original point of 
departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (vi) For the purpose of meeting the aeronautical experience 
requirements for an airline transport pilot certificate (except with a 
rotorcraft category rating), time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That is at least a straight-line distance of more than 50 
nautical miles from the original point of departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems.
    (vii) For a military pilot who qualifies for a commercial pilot 
certificate (except with a rotorcraft category rating) under Sec. 61.73 
of this part, time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That is at least a straight-line distance of more than 50 
nautical miles from the original point of departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems.
    (4) Examiner means any person who is authorized by the Administrator 
to conduct a pilot proficiency test or a practical test for an airman 
certificate or rating issued under this part, or a person who is 
authorized to conduct a knowledge test under this part.

[[Page 12]]

    (5) Flight simulator means a device that--
    (i) Is a full-size aircraft cockpit replica of a specific type of 
aircraft, or make, model, and series of aircraft;
    (ii) Includes the hardware and software necessary to represent the 
aircraft in ground operations and flight operations;
    (iii) Uses a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (iv) Uses a visual system that provides at least a 45 degree 
horizontal field of view and a 30 degree vertical field of view 
simultaneously for each pilot; and
    (v) Has been evaluated, qualified, and approved by the 
Administrator.
    (6) Flight training means that training, other than ground training, 
received from an authorized instructor in flight in an aircraft.
    (7) Flight training device means a device that--
    (i) Is a full-size replica of the instruments, equipment, panels, 
and controls of an aircraft, or set of aircraft, in an open flight deck 
area or in an enclosed cockpit, including the hardware and software for 
the systems installed, that is necessary to simulate the aircraft in 
ground and flight operations;
    (ii) Need not have a force (motion) cueing or visual system; and
    (iii) Has been evaluated, qualified, and approved by the 
Administrator.
    (8) Ground training means that training, other than flight training, 
received from an authorized instructor.
    (9) Instrument approach means an approach procedure defined in part 
97 of this chapter.
    (10) Instrument training means that time in which instrument 
training is received from an authorized instructor under actual or 
simulated instrument conditions.
    (11) Knowledge test means a test on the aeronautical knowledge areas 
required for an airman certificate or rating that can be administered in 
written form or by a computer.
    (12) Pilot time means that time in which a person--
    (i) Serves as a required pilot flight crewmember;
    (ii) Receives training from an authorized instructor in an aircraft, 
flight simulator, or flight training device; or
    (iii) Gives training as an authorized instructor in an aircraft, 
flight simulator, or flight training device.
    (13) Practical test means a test on the areas of operations for an 
airman certificate, rating, or authorization that is conducted by having 
the applicant respond to questions and demonstrate maneuvers in flight, 
in a flight simulator, or in a flight training device.
    (14) Set of aircraft means aircraft that share similar performance 
characteristics, such as similar airspeed and altitude operating 
envelopes, similar handling characteristics, and the same number and 
type of propulsion systems.
    (15) Student pilot seeking a sport pilot certificate means a person 
who has received an endorsement--
    (i) To exercise student pilot privileges from a certificated flight 
instructor with a sport pilot rating; or
    (ii) That includes a limitation for the operation of a light-sport 
aircraft specified in Sec. 61.89(c) issued by a certificated flight 
instructor with other than a sport pilot rating.
    (16) Training time means training received--
    (i) In flight from an authorized instructor;
    (ii) On the ground from an authorized instructor; or
    (iii) In a flight simulator or flight training device from an 
authorized instructor.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40893, 
July 30, 1997; Amdt. 61-110, 69 FR 44864, July 27, 2004]



Sec. 61.3  Requirement for certificates, ratings, and authorizations.

    (a) Pilot certificate. A person 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, unless that person--
    (1) Has a valid pilot certificate or special purpose pilot 
authorization issued under this part in that person's physical 
possession or readily accessible in the aircraft when exercising the 
privileges of that pilot certificate or authorization. However, when the 
aircraft is operated within a foreign

[[Page 13]]

country, a current pilot license issued by the country in which the 
aircraft is operated may be used; and
    (2) Has a photo identification that is in that person's physical 
possession or readily accessible in the aircraft when exercising the 
privileges of that pilot certificate or authorization. The photo 
identification must be a:
    (i) Valid driver's license issued by a State, the District of 
Columbia, or territory or possession of the United States;
    (ii) Government identification card issued by the Federal 
government, a State, the District of Columbia, or a territory or 
possession of the United States;
    (iii) U.S. Armed Forces' identification card;
    (iv) Official passport;
    (v) Credential that authorizes unescorted access to a security 
identification display area at an airport regulated under 49 CFR part 
1542; or
    (vi) Other form of identification that the Administrator finds 
acceptable.
    (b) Required pilot certificate for operating a foreign-registered 
aircraft. A person may not act as pilot in command or in any other 
capacity as a required pilot flight crewmember of a civil aircraft of 
foreign registry within the United States, unless that person's pilot 
certificate:
    (1) Is valid and in that person's physical possession, or readily 
accessible in the aircraft when exercising the privileges of that pilot 
certificate; and
    (2) Has been issued under this part, or has been issued or validated 
by the country in which the aircraft is registered.
    (c) Medical certificate. (1) Except as provided for in paragraph 
(c)(2) of this section, a person may not act as pilot in command or in 
any other capacity as a required pilot flight crewmember of an aircraft, 
under a certificate issued to that person under this part, unless that 
person has a current and appropriate medical certificate that has been 
issued under part 67 of this chapter, or other documentation acceptable 
to the Administrator, which is in that person's physical possession or 
readily accessible in the aircraft.
    (2) A person is not required to meet the requirements of paragraph 
(c)(1) of this section if that person--
    (i) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a glider category rating, a 
balloon class rating, or glider or balloon privileges;
    (ii) Is exercising the privileges of a student pilot certificate 
while seeking a sport pilot certificate with other than glider or 
balloon privileges and holds a current and valid U.S. driver's license;
    (iii) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a weight-shift-control aircraft 
category rating or a powered parachute category rating and holds a 
current and valid U.S. driver's license;
    (iv) Is exercising the privileges of a sport pilot certificate with 
glider or balloon privileges;
    (v) Is exercising the privileges of a sport pilot certificate with 
other than glider or balloon privileges and holds a current and valid 
U.S. driver's license. A person who has applied for or held a medical 
certificate may exercise the privileges of a sport pilot certificate 
using a current and valid U.S. driver's license only if that person--
    (A) Has been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application; and
    (B) Has not had his or her most recently issued medical certificate 
suspended or revoked or most recent Authorization for a Special Issuance 
of a Medical Certificate withdrawn.
    (vi) Is holding a pilot certificate with a balloon class rating and 
is piloting or providing training in a balloon as appropriate;
    (vii) Is holding a pilot certificate or a flight instructor 
certificate with a glider category rating, and is piloting or providing 
training in a glider, as appropriate;
    (viii) Except as provided in paragraph (c)(2)(vii) of this section, 
is exercising the privileges of a flight instructor certificate, 
provided the person is not acting as pilot in command or as a required 
pilot flight crewmember;
    (ix) Is exercising the privileges of a ground instructor 
certificate;

[[Page 14]]

    (x) Is operating an aircraft within a foreign country using a pilot 
license issued by that country and possesses evidence of current medical 
qualification for that license; or
    (xi) Is operating an aircraft with a U.S. pilot certificate, issued 
on the basis of a foreign pilot license, issued under Sec. 61.75 of 
this part, and holds a current medical certificate issued by the foreign 
country that issued the foreign pilot license, which is in that person's 
physical possession or readily accessible in the aircraft when 
exercising the privileges of that airman certificate.
    (d) Flight instructor certificate. (1) A person who holds a flight 
instructor certificate issued under this part must have that 
certificate, or other documentation acceptable to the Administrator, in 
that person's physical possession or readily accessible in the aircraft 
when exercising the privileges of that flight instructor certificate.
    (2) Except as provided in paragraph (d)(3) of this section, no 
person other than the holder of a flight instructor certificate issued 
under this part with the appropriate rating on that certificate may--
    (i) Give training required to qualify a person for solo flight and 
solo cross-country flight;
    (ii) Endorse an applicant for a--
    (A) Pilot certificate or rating issued under this part;
    (B) Flight instructor certificate or rating issued under this part; 
or
    (C) Ground instructor certificate or rating issued under this part;
    (iii) Endorse a pilot logbook to show training given; or
    (iv) Endorse a student pilot certificate and logbook for solo 
operating privileges.
    (3) A flight instructor certificate issued under this part is not 
necessary--
    (i) Under paragraph (d)(2) of this section, if the training is given 
by the holder of a commercial pilot certificate with a lighter-than-air 
rating, provided the training is given in accordance with the privileges 
of the certificate in a lighter-than-air aircraft;
    (ii) Under paragraph (d)(2) of this section, if the training is 
given by the holder of an airline transport pilot certificate with a 
rating appropriate to the aircraft in which the training is given, 
provided the training is given in accordance with the privileges of the 
certificate and conducted in accordance with an approved air carrier 
training program approved under part 121 or part 135 of this chapter;
    (iii) Under paragraph (d)(2) of this section, if the training is 
given by a person who is qualified in accordance with subpart C of part 
142 of this chapter, provided the training is conducted in accordance 
with an approved part 142 training program;
    (iv) Under paragraphs (d)(2)(i), (d)(2)(ii)(C), and (d)(2)(iii) of 
this section, if the training is given by the holder of a ground 
instructor certificate in accordance with the privileges of the 
certificate; or
    (v) Under paragraph (d)(2)(iii) of this section, if the training is 
given by an authorized flight instructor under Sec. 61.41 of this part.
    (e) Instrument rating. No person may act as pilot in command of a 
civil aircraft under IFR or in weather conditions less than the minimums 
prescribed for VFR flight unless that person holds:
    (1) The appropriate aircraft category, class, type (if required), 
and instrument rating on that person's pilot certificate for any 
airplane, helicopter, or powered-lift being flown;
    (2) An airline transport pilot certificate with the appropriate 
aircraft category, class, and type rating (if required) for the aircraft 
being flown;
    (3) For a glider, a pilot certificate with a glider category rating 
and an airplane instrument rating; or
    (4) For an airship, a commercial pilot certificate with a lighter-
than-air category rating and airship class rating.
    (f) Category II pilot authorization. Except for a pilot conducting 
Category II operations under part 121 or part 135, a person may not:
    (1) Act as pilot in command of a civil aircraft during Category II 
operations unless that person--
    (i) 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, is 
authorized by the

[[Page 15]]

country of registry to act as pilot in command of that aircraft in 
Category II operations.
    (2) 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 III pilot authorization. Except for a pilot conducting 
Category III operations under part 121 or part 135, a person may not:
    (1) Act as pilot in command of a civil aircraft during Category III 
operations unless that person--
    (i) 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, is 
authorized by the country of registry to act as pilot in command of that 
aircraft in Category III operations.
    (2) 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.
    (h) Category A aircraft pilot authorization. The Administrator may 
issue a certificate of authorization for a Category II or Category III 
operation to the pilot of a small aircraft that is a Category A 
aircraft, as identified in Sec. 97.3(b)(1) of this chapter if:
    (1) The Administrator determines that the Category II or Category 
III operation can be performed safely by that pilot under the terms of 
the certificate of authorization; and
    (2) The Category II or Category III operation does not involve the 
carriage of persons or property for compensation or hire.
    (i) Ground instructor certificate. (1) Each person who holds a 
ground instructor certificate issued under this part or part 143 must 
have that certificate in that person's physical possession or 
immediately accessible when exercising the privileges of that 
certificate.
    (2) Except as provided in paragraph (i)(3) of this section, no 
person other than the holder of a ground instructor certificate, issued 
under this part or part 143, with the appropriate rating on that 
certificate may--
    (i) Give ground training required to qualify a person for solo 
flight and solo cross-country flight;
    (ii) Endorse an applicant for a knowledge test required for a pilot, 
flight instructor, or ground instructor certificate or rating issued 
under this part; or
    (iii) Endorse a pilot logbook to show ground training given.
    (3) A ground instructor certificate issued under this part is not 
necessary--
    (i) Under paragraph (i)(2) of this section, if the training is given 
by the holder of a flight instructor certificate issued under this part 
in accordance with the privileges of that certificate;
    (ii) Under paragraph (i)(2) of this section, if the training is 
given by the holder of a commercial pilot certificate with a lighter-
than-air rating, provided the training is given in accordance with the 
privileges of the certificate in a lighter-than-air aircraft;
    (iii) Under paragraph (i)(2) of this section, if the training is 
given by the holder of an airline transport pilot certificate with a 
rating appropriate to the aircraft in which the training is given, 
provided the training is given in accordance with the privileges of the 
certificate and conducted in accordance with an approved air carrier 
training program approved under part 121 or part 135 of this chapter;
    (iv) Under paragraph (i)(2) of this section, if the training is 
given by a person who is qualified in accordance with subpart C of part 
142 of this chapter,

[[Page 16]]

provided the training is conducted in accordance with an approved part 
142 training program; or
    (v) Under paragraph (i)(2)(iii) of this section, if the training is 
given by an authorized flight instructor under Sec. 61.41 of this part.
    (j) Age limitation for certain operations--(1) Age limitation. 
Except as provided in paragraph (j)(3) of this section, no person who 
holds a pilot certificate issued under this part shall serve as a pilot 
on a civil airplane of U.S. registry in the following operations if the 
person has reached his or her 60th birthday--
    (i) Scheduled international air services carrying passengers in 
turbojet-powered airplanes;
    (ii) Scheduled international air services carrying passengers in 
airplanes having a passenger-seat configuration of more than nine 
passenger seats, excluding each crewmember seat;
    (iii) Nonscheduled international air transportation for compensation 
or hire in airplanes having a passenger-seat configuration of more than 
30 passenger seats, excluding each crewmember seat; or
    (iv) Scheduled international air services, or nonscheduled 
international air transportation for compensation or hire, in airplanes 
having a payload capacity of more than 7,500 pounds.
    (2) Definitions. (i) ``International air service,'' as used in 
paragraph (j) of this section, means scheduled air service performed in 
airplanes for the public transport of passengers, mail, or cargo, in 
which the service passes through the airspace over the territory of more 
than one country.
    (ii) ``International air transportation,'' as used in paragraph (j) 
of this section, means air transportation performed in airplanes for the 
public transport of passengers, mail, or cargo, in which the service 
passes through the airspace over the territory of more than one country.
    (3) Delayed pilot age limitation. Until December 20, 1999, a person 
may serve as a pilot in operations covered by this paragraph after that 
person has reached his or her 60th birthday if, on March 20, 1997, that 
person was employed as a pilot in operations covered by this paragraph.
    (k) Special purpose pilot authorization. Any person that is required 
to hold a special purpose pilot authorization, issued in accordance with 
Sec. 61.77 of this part, must have that authorization and the person's 
foreign pilot license in that person's physical possession or have it 
readily accessible in the aircraft when exercising the privileges of 
that authorization.
    (l) Inspection of certificate. Each person who holds an airman 
certificate, medical certificate, authorization, or license required by 
this part must present it and their photo identification as described in 
paragraph (a)(2) of this section for inspection upon a request from:
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board;
    (3) Any Federal, State, or local law enforcement officer; or
    (4) An authorized representative of the Transportation Security 
Administration.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40894, 
July 30, 1997; Amdt. 61-111, 67 FR 65861, Oct. 28, 2002; Amdt. 61-110, 
69 FR 44864, July 27, 2004]



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

    (a) Except as specified in paragraph (b) or (c) of this section, 
each flight simulator and flight training device used for training, and 
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--
    (1) The training, testing, and checking for which it is used;
    (2) Each particular maneuver, procedure, or crewmember function 
performed; and
    (3) The representation of the specific category and class of 
aircraft, type of aircraft, particular variation within the type of 
aircraft, or set of aircraft for certain flight training devices.
    (b) Any device used for flight training, testing, or checking that 
has been determined to be acceptable to or approved by the Administrator 
prior to August 1, 1996, which can be shown to

[[Page 17]]

function as originally designed, is considered to be a flight training 
device, provided it is used for the same purposes for which it was 
originally accepted or approved and only to the extent of such 
acceptance or approval.
    (c) The Administrator may approve a device other than a flight 
simulator or flight training device for specific purposes.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997]



Sec. 61.5  Certificates and ratings issued under this part.

    (a) The following certificates are issued under this part to an 
applicant who satisfactorily accomplishes the training and certification 
requirements for the certificate sought:
    (1) Pilot certificates--
    (i) Student pilot.
    (ii) Sport pilot.
    (iii) Recreational pilot.
    (iv) Private pilot.
    (v) Commercial pilot.
    (vi) Airline transport pilot.
    (2) Flight instructor certificates.
    (3) Ground instructor certificates.
    (b) The following ratings are placed on a pilot certificate (other 
than student pilot) when an applicant satisfactorily accomplishes the 
training and certification requirements for the rating sought:
    (1) Aircraft category ratings--
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.
    (iv) Lighter-than-air.
    (v) Powered-lift.
    (vi) Powered parachute.
    (vii) Weight-shift-control aircraft.
    (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) Balloon.
    (5) Weight-shift-control aircraft class ratings--
    (i) Weight-shift-control aircraft land.
    (ii) Weight-shift-control aircraft sea.
    (6) Powered parachute class ratings--
    (i) Powered parachute land.
    (ii) Powered parachute sea.
    (7) Aircraft type ratings--
    (i) Large aircraft other than lighter-than-air.
    (ii) Turbojet-powered airplanes.
    (iii) Other aircraft type ratings specified by the Administrator 
through the aircraft type certification procedures.
    (8) Instrument ratings (on private and commercial pilot certificates 
only)--
    (i) Instrument--Airplane.
    (ii) Instrument--Helicopter.
    (iii) Instrument--Powered-lift.
    (c) The following ratings are placed on a flight instructor 
certificate when an applicant satisfactorily accomplishes the training 
and certification requirements for the rating sought:
    (1) Aircraft category ratings--
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.
    (iv) Powered-lift.
    (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.
    (iii) Instrument--Powered-lift.
    (5) Sport pilot rating.
    (d) The following ratings are placed on a ground instructor 
certificate when an applicant satisfactorily accomplishes the training 
and certification requirements for the rating sought:
    (1) Basic.
    (2) Advanced.
    (3) Instrument.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44864, July 27, 2004]



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:

[[Page 18]]

    (1) Rotorcraft.
    (2) Lighter-than-air.
    (3) Helicopter.
    (4) Autogyro.



Sec. 61.9  [Reserved]



Sec. 61.11   Expired pilot certificates and reissuance.

    (a) No person who holds an expired pilot certificate or rating may:
    (1) Exercise the privileges of that pilot certificate or rating; or
    (2) Act as pilot in command or as a required pilot flight crewmember 
of an aircraft of the same category and class specified on the expired 
pilot certificate or rating.
    (b) The following pilot certificates and ratings have expired and 
will not be reissued:
    (1) An airline transport pilot certificate issued before May 1, 
1949, or an airline transport pilot certificate that contains a 
horsepower limitation;
    (2) A private or commercial pilot certificate issued before July 1, 
1945; and
    (3) A pilot certificate with a lighter-than-air or free-balloon 
rating issued before July 1, 1945.
    (c) A pilot certificate issued on the basis of a foreign pilot 
license will expire on the date the foreign license expires unless 
otherwise specified on the U.S. pilot certificate. A certificate without 
an expiration date is issued to the holder of the expired certificate 
only if that person meets the requirements of Sec. 61.75 for the 
issuance of a pilot certificate based on a foreign pilot license.
    (d) An airline transport pilot certificate issued after April 30, 
1949, that bears an expiration date but does not contain a horsepower 
limitation may be reissued without an expiration date.
    (e) A private or commercial pilot certificate issued after June 30, 
1945, that bears an expiration date may be reissued without an 
expiration date.
    (f) A pilot certificate with a lighter-than-air or free-balloon 
rating issued after June 30, 1945, that bears an expiration date may be 
reissued without an expiration date.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997]



Sec. 61.13  Issuance of airman certificates, ratings, and authorizations.

    (a) Application. (1) An applicant for an airman certificate, rating, 
or authorization under this part must make that application on a form 
and in a manner acceptable to the Administrator.
    (2) An applicant who is neither a citizen of the United States nor a 
resident alien of the United States--
    (i) Must show evidence that the appropriate fee prescribed in 
appendix A to part 187 of this chapter has been paid when that person 
applies for a--
    (A) Student pilot certificate that is issued outside the United 
States; or
    (B) Knowledge test or practical test for an airman certificate or 
rating issued under this part, if the test is administered outside the 
United States.
    (ii) May be refused issuance of any U.S. airman certificate, rating, 
or authorization by the Administrator.
    (3) Except as provided in paragraph (a)(2)(ii) of this section, an 
applicant who satisfactorily accomplishes the training and certification 
requirements for the certificate, rating, or authorization sought is 
entitled to receive that airman certificate, rating, or authorization.
    (b) Limitations. (1) An applicant who cannot comply with certain 
areas of operation required on the practical test because of physical 
limitations may be issued an airman certificate, rating, or 
authorization with the appropriate limitation placed on the applicant's 
airman certificate provided the--
    (i) Applicant is able to meet all other certification requirements 
for the airman certificate, rating, or authorization sought;
    (ii) Physical limitation has been recorded with the FAA on the 
applicant's medical records; and
    (iii) Administrator determines that the applicant's inability to 
perform the particular area of operation will not adversely affect 
safety.
    (2) A limitation placed on a person's airman certificate may be 
removed, provided that person demonstrates for an examiner satisfactory 
proficiency in the area of operation appropriate to the airman 
certificate, rating, or authorization sought.

[[Page 19]]

    (c) Additional requirements for Category II and Category III pilot 
authorizations. (1) A Category II or Category III pilot authorization is 
issued by a letter of authorization as part of an applicant's instrument 
rating or airline transport pilot certificate.
    (2) Upon original issue, the authorization contains the following 
limitations:
    (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) The limitations on a Category II or Category III pilot 
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 requirements of paragraph (c)(3) of this 
section, and for the practical test required by this part for a Category 
II or a Category III pilot authorization, a flight simulator or flight 
training device may be used if it is approved by the Administrator for 
such use.
    (d) Application during suspension or revocation. (1) Unless 
otherwise authorized by the Administrator, a person whose pilot, flight 
instructor, or ground instructor certificate has been suspended may not 
apply for any certificate, rating, or authorization during the period of 
suspension.
    (2) Unless otherwise authorized by the Administrator, a person whose 
pilot, flight instructor, or ground instructor certificate has been 
revoked may not apply for any certificate, rating, or authorization for 
1 year after the date of revocation.

[Doc. No. 25910, 62 FR 40895, July 30, 1997]



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 to part 121 or appendix J to part 121 of this 
chapter directly or by contract for a part 121 air carrier, a part 135 
air carrier, or for a person conducting operations as specified in Sec. 
135.1(a)(5) 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, rating, or 
authorization 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, rating, or 
authorization issued under this part.



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, marijuana, 
or depressant or stimulant drugs or substances is grounds for:
    (1) Denial of an application for any certificate, rating, or 
authorization 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, rating, or 
authorization issued under this part.
    (b) Committing 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, rating, or 
authorization 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, rating, or 
authorization issued under this part.
    (c) For the purposes of paragraphs (d), (e), and (f) 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;

[[Page 20]]

    (2) The cancellation, suspension, or revocation of a license to 
operate a motor vehicle 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 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 for 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, rating, or 
authorization 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, rating, or 
authorization 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 (AMC-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, rating, or 
authorization 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, rating, or 
authorization issued under this part.



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. 91.17(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, rating, or 
authorization 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, rating, or 
authorization issued under this part.



Sec. 61.17  Temporary certificate.

    (a) A temporary pilot, flight instructor, or ground instructor 
certificate or rating is issued for up to 120 days, at which time a 
permanent certificate will be issued to a person whom the Administrator 
finds qualified under this part.
    (b) A temporary pilot, flight instructor, or ground instructor 
certificate or rating expires:
    (1) On the expiration date shown on the certificate;
    (2) Upon receipt of the permanent certificate; or
    (3) Upon receipt of a notice that the certificate or rating sought 
is denied or revoked.



Sec. 61.18  Security disqualification.

    (a)Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's

[[Page 21]]

final threat assessment review an application for any certificate, 
rating, or authorization under this part by any person who has been 
issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. FAA-2003-14293, 68 FR 3774, Jan. 24, 2003]



Sec. 61.19  Duration of pilot and 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 
24 calendar months from the month in which it is issued.
    (c) Other pilot certificates. A pilot certificate (other than a 
student pilot certificate) issued under this part is issued without a 
specific expiration date. The holder of a pilot certificate issued on 
the basis of a foreign pilot license may exercise the privileges of that 
certificate only while that person's foreign pilot license is effective.
    (d) Flight instructor certificate. A flight instructor certificate:
    (1) Is effective only while the holder has a current pilot 
certificate; and
    (2) Except as specified in Sec. 61.197(b) of this part, expires 24 
calendar months from the month in which it was issued or renewed.
    (e) Ground instructor certificate. A ground instructor certificate 
issued under this part is issued without a specific expiration date.
    (f) Surrender, suspension, or revocation. Any certificate issued 
under this part ceases to be effective if it is surrendered, suspended, 
or revoked.
    (g) Return of certificates. The holder of any certificate issued 
under this part that has been suspended or revoked must return that 
certificate to the FAA when requested to do so by the Administrator.



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

    (a) A Category II pilot authorization or a Category III pilot 
authorization expires at the end of the sixth calendar month after the 
month in which it was issued or renewed.
    (b) Upon passing a practical test for a Category II or Category III 
pilot authorization, the authorization may be renewed for each type of 
aircraft for which the authorization is held.
    (c) A Category II or Category III pilot authorization for a specific 
type aircraft for which an authorization is held will not be renewed 
beyond 12 calendar months from the month the practical test was 
accomplished in that type aircraft.
    (d) If the holder of a Category II or Category III pilot 
authorization passes the practical test for a renewal in the month 
before the authorization expires, the holder is considered to have 
passed it during the month the authorization expired.



Sec. 61.23  Medical certificates: Requirement and duration.

    (a) Operations requiring a medical certificate. Except as provided 
in paragraphs (b) and (c) of this section, a person--
    (1) Must hold a first-class medical certificate when exercising the 
privileges of an airline transport pilot certificate;
    (2) Must hold at least a second-class medical certificate when 
exercising the privileges of a commercial pilot certificate; or
    (3) Must hold at least a third-class medical certificate--
    (i) When exercising the privileges of a private pilot certificate;
    (ii) When exercising the privileges of a recreational pilot 
certificate;
    (iii) When exercising the privileges of a student pilot certificate;

[[Page 22]]

    (iv) When exercising the privileges of a flight instructor 
certificate, except for a flight instructor certificate with a glider 
category rating or sport pilot rating, if the person is acting as pilot 
in command or is serving as a required flight crewmember; or
    (v) Except for a glider category rating or a balloon class rating, 
prior to taking a practical test that is performed in an aircraft for a 
certificate or rating at the recreational, private, commercial, or 
airline transport pilot certificate level.
    (b) Operations not requiring a medical certificate. A person is not 
required to hold a valid medical certificate--
    (1) When exercising the privileges of a student pilot certificate 
while seeking--
    (i) A sport pilot certificate with glider or balloon privileges; or
    (ii) A pilot certificate with a glider category rating or balloon 
class rating;
    (2) When exercising the privileges of a sport pilot certificate with 
privileges in a glider or balloon;
    (3) When exercising the privileges of a pilot certificate with a 
glider category or balloon class rating;
    (4) When exercising the privileges of a flight instructor 
certificate with--
    (i) A sport pilot rating in a glider or balloon; or
    (ii) A glider category rating;
    (5) When exercising the privileges of a flight instructor 
certificate if the person is not acting as pilot in command or serving 
as a required pilot flight crewmember;
    (6) When exercising the privileges of a ground instructor 
certificate;
    (7) When serving as an examiner or check airman during the 
administration of a test or check for a certificate, rating, or 
authorization conducted in a flight simulator or flight training device; 
or
    (8) When taking a test or check for a certificate, rating, or 
authorization conducted in a flight simulator or flight training device.
    (c) Operations requiring either a medical certificate or U.S. 
driver's license. (1) A person must hold and possess either a valid 
medical certificate issued under part 67 of this chapter or a current 
and valid U.S. driver's license when exercising the privileges of--
    (i) A student pilot certificate while seeking sport pilot privileges 
in a light-sport aircraft other than a glider or balloon;
    (ii) A sport pilot certificate in a light-sport aircraft other than 
a glider or balloon; or
    (iii) A flight instructor certificate with a sport pilot rating 
while acting as pilot in command or serving as a required flight 
crewmember of a light-sport aircraft other than a glider or balloon.
    (2) A person using a current and valid U.S. driver's license to meet 
the requirements of this paragraph must--
    (i) Comply with each restriction and limitation imposed by that 
person's U.S. driver's license and any judicial or administrative order 
applying to the operation of a motor vehicle;
    (ii) Have been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application (if the person has applied for a medical certificate);
    (iii) Not have had his or her most recently issued medical 
certificate (if the person has held a medical certificate) suspended or 
revoked or most recent Authorization for a Special Issuance of a Medical 
Certificate withdrawn; and
    (iv) Not know or have reason to know of any medical condition that 
would make that person unable to operate a light-sport aircraft in a 
safe manner.
    (d) Duration of a medical certificate. (1) A first-class medical 
certificate expires at the end of the last day of--
    (i) The sixth month after the month of the date of examination shown 
on the certificate for operations requiring an airline transport pilot 
certificate;
    (ii) 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
    (iii) The period specified in paragraph (c)(3) of this section for 
operations requiring a recreational pilot certificate, a private pilot 
certificate, a flight instructor certificate (when acting as pilot in 
command or a required pilot flight crewmember in operations other than 
glider or balloon), or a student pilot certificate.

[[Page 23]]

    (2) A second-class medical certificate expires at the end of the 
last day of--
    (i) 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
    (ii) The period specified in paragraph (c)(3) of this section for 
operations requiring a recreational pilot certificate, a private pilot 
certificate, a flight instructor certificate (when acting as pilot in 
command or a required pilot flight crewmember in operations other than 
glider or balloon), or a student pilot certificate.
    (3) A third-class medical certificate for operations requiring a 
recreational pilot certificate, a private pilot certificate, a flight 
instructor certificate (when acting as pilot in command or a required 
pilot flight crewmember in operations other than glider or balloon), or 
a student pilot certificate issued--
    (i) Before September 16, 1996, expires at the end of the 24th month 
after the month of the date of examination shown on the certificate; or
    (ii) On or after September 16, 1996, expires at the end of:
    (A) The 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 examination; or
    (B) The 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. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997; Amdt. 61-110, 69 FR 44864, July 27, 2004]



Sec. 61.25  Change of name.

    (a) An application to change the name on a certificate issued under 
this part must be accompanied by the applicant's:
    (1) Current airman certificate; and
    (2) A copy of the marriage license, court order, or other document 
verifying the name change.
    (b) The documents in paragraph (a) of this section will be returned 
to the applicant after inspection.



Sec. 61.27  Voluntary surrender or exchange of certificate.

    (a) The holder of a certificate issued under this part may 
voluntarily surrender it for:
    (1) Cancellation;
    (2) Issuance of a lower grade certificate; or
    (3) Another certificate with specific ratings deleted.
    (b) Any request made under paragraph (a) of this section 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 issuance.''



Sec. 61.29  Replacement of a lost or destroyed airman or medical 
certificate or knowledge test report.

    (a) A request for the replacement of a lost or destroyed airman 
certificate issued under this part must be made by letter to the 
Department of Transportation, FAA, Airman Certification Branch, P.O. Box 
25082, Oklahoma City, OK 73125, and must be accompanied by a check or 
money order for the appropriate fee payable to the FAA.
    (b) A request for the replacement of a lost or destroyed medical 
certificate must be made by letter to the Department of Transportation, 
FAA, Aeromedical Certification Branch, P.O. Box 25082, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA.
    (c) A request for the replacement of a lost or destroyed knowledge 
test report must be made by letter to the Department of Transportation, 
FAA, Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA.
    (d) The letter requesting replacement of a lost or destroyed airman 
certificate, medical certificate, or knowledge test report must state:
    (1) The name of the person;

[[Page 24]]

    (2) The permanent mailing address (including ZIP code), or if the 
permanent mailing address includes a post office box number, then the 
person's current residential address;
    (3) The social security number;
    (4) The date and place of birth of the certificate holder; and
    (5) Any available information regarding the--
    (i) Grade, number, and date of issuance of the certificate, and the 
ratings, if applicable;
    (ii) Date of the medical examination, if applicable; and
    (iii) Date the knowledge test was taken, if applicable.
    (e) A person who has lost an airman certificate, medical 
certificate, or knowledge test report may obtain a facsimile from the 
FAA Aeromedical Certification Branch or the Airman Certification Branch, 
as appropriate, confirming that it was issued and the:
    (1) Facsimile may be carried as an airman certificate, medical 
certificate, or knowledge test report, as appropriate, for up to 60 days 
pending the person's receipt of a duplicate under paragraph (a), (b), or 
(c) of this section, unless the person has been notified that the 
certificate has been suspended or revoked.
    (2) Request for such a facsimile must include the date on which a 
duplicate certificate or knowledge test report was previously requested.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40896, 
July 30, 1997]



Sec. 61.31  Type rating requirements, additional training, and 
authorization requirements.

    (a) Type ratings required. A person who acts as a pilot in command 
of any of the following aircraft must hold a type rating for that 
aircraft:
    (1) Large aircraft (except lighter-than-air).
    (2) Turbojet-powered airplanes.
    (3) Other aircraft specified by the Administrator through aircraft 
type certificate procedures.
    (b) Authorization in lieu of a type rating. A person may be 
authorized to operate without a type rating for up to 60 days an 
aircraft requiring a type rating, provided--
    (1) The Administrator has authorized the flight or series of 
flights;
    (2) The Administrator has determined that an equivalent level of 
safety can be achieved through the operating limitations on the 
authorization;
    (3) The person shows that compliance with paragraph (a) of this 
section is impracticable for the flight or series of flights; and
    (4) The flight--
    (i) Involves only a ferry flight, training flight, test flight, or 
practical test for a pilot certificate or rating;
    (ii) Is within the United States;
    (iii) Does not involve operations for compensation or hire unless 
the compensation or hire involves payment for the use of the aircraft 
for training or taking a practical test; and
    (iv) Involves only the carriage of flight crewmembers considered 
essential for the flight.
    (5) If the flight or series of flights cannot be accomplished within 
the time limit of the authorization, the Administrator may authorize an 
additional period of up to 60 days to accomplish the flight or series of 
flights.
    (c) Aircraft category, class, and type ratings: Limitations on the 
carriage of persons, or operating for compensation or hire. Unless a 
person holds a category, class, and type rating (if a class and type 
rating is required) that applies to the aircraft, that person may not 
act as pilot in command of an aircraft that is carrying another person, 
or is operated for compensation or hire. That person also may not act as 
pilot in command of that aircraft for compensation or hire.
    (d) Aircraft category, class, and type ratings: Limitations on 
operating an aircraft as the pilot in command. To serve as the pilot in 
command of an aircraft, a person must--
    (1) Hold the appropriate category, class, and type rating (if a 
class rating and type rating are required) for the aircraft to be flown;
    (2) Be receiving training for the purpose of obtaining an additional 
pilot certificate and rating that are appropriate to that aircraft, and 
be under the supervision of an authorized instructor; or

[[Page 25]]

    (3) Have received training required by this part that is appropriate 
to the aircraft category, class, and type rating (if a class or type 
rating is required) for the aircraft to be flown, and have received the 
required endorsements from an instructor who is authorized to provide 
the required endorsements for solo flight in that aircraft.
    (e) Additional training required for operating complex airplanes. 
(1) Except as provided in paragraph (e)(2) of this section, no person 
may act as pilot in command of a complex airplane (an airplane that has 
a retractable landing gear, flaps, and a controllable pitch propeller; 
or, in the case of a seaplane, flaps and a controllable pitch 
propeller), unless the person has--
    (i) Received and logged ground and flight training from an 
authorized instructor in a complex airplane, or in a flight simulator or 
flight training device that is representative of a complex airplane, and 
has been found proficient in the operation and systems of the airplane; 
and
    (ii) Received a one-time endorsement in the pilot's logbook from an 
authorized instructor who certifies the person is proficient to operate 
a complex airplane.
    (2) The training and endorsement required by paragraph (e)(1) of 
this section is not required if the person has logged flight time as 
pilot in command of a complex airplane, or in a flight simulator or 
flight training device that is representative of a complex airplane 
prior to August 4, 1997.
    (f) Additional training required for operating high-performance 
airplanes. (1) Except as provided in paragraph (f)(2) of this section, 
no person may act as pilot in command of a high-performance airplane (an 
airplane with an engine of more than 200 horsepower), unless the person 
has--
    (i) Received and logged ground and flight training from an 
authorized instructor in a high-performance airplane, or in a flight 
simulator or flight training device that is representative of a high-
performance airplane, and has been found proficient in the operation and 
systems of the airplane; and
    (ii) Received a one-time endorsement in the pilot's logbook from an 
authorized instructor who certifies the person is proficient to operate 
a high-performance airplane.
    (2) The training and endorsement required by paragraph (f)(1) of 
this section is not required if the person has logged flight time as 
pilot in command of a high-performance airplane, or in a flight 
simulator or flight training device that is representative of a high-
performance airplane prior to August 4, 1997.
    (g) Additional training required for operating pressurized aircraft 
capable of operating at high altitudes. (1) Except as provided in 
paragraph (g)(3) of this section, no person may act as pilot in command 
of a pressurized aircraft (an aircraft that has a service ceiling or 
maximum operating altitude, whichever is lower, above 25,000 feet MSL), 
unless that person has received and logged ground training from an 
authorized instructor and obtained an endorsement in the person's 
logbook or training record from an authorized instructor who certifies 
the person has satisfactorily accomplished the ground training. The 
ground training must include at least the following subjects:
    (i) High-altitude aerodynamics and meteorology;
    (ii) Respiration;
    (iii) Effects, symptoms, and causes of hypoxia and any other high-
altitude sickness;
    (iv) Duration of consciousness without supplemental oxygen;
    (v) Effects of prolonged usage of supplemental oxygen;
    (vi) Causes and effects of gas expansion and gas bubble formation;
    (vii) Preventive measures for eliminating gas expansion, gas bubble 
formation, and high-altitude sickness;
    (viii) Physical phenomena and incidents of decompression; and
    (ix) Any other physiological aspects of high-altitude flight.
    (2) Except as provided in paragraph (g)(3) of this section, no 
person may act as pilot in command of a pressurized aircraft unless that 
person has received and logged training from an authorized instructor in 
a pressurized aircraft, or in a flight simulator or flight training 
device that is representative of a pressurized aircraft, and obtained an 
endorsement in the person's logbook or

[[Page 26]]

training record from an authorized instructor who found the person 
proficient in the operation of a pressurized aircraft. The flight 
training must include at least the following subjects:
    (i) Normal cruise flight operations while operating above 25,000 
feet MSL;
    (ii) Proper emergency procedures for simulated rapid decompression 
without actually depressurizing the aircraft; and
    (iii) Emergency descent procedures.
    (3) The training and endorsement required by paragraphs (g)(1) and 
(g)(2) of this section are not required if that person can document 
satisfactory accomplishment of any of the following in a pressurized 
aircraft, or in a flight simulator or flight training device that is 
representative of a pressurized aircraft:
    (i) Serving as pilot in command before April 15, 1991;
    (ii) Completing a pilot proficiency check for a pilot certificate or 
rating before April 15, 1991;
    (iii) Completing an official pilot-in-command check conducted by the 
military services of the United States; or
    (iv) Completing a pilot-in-command proficiency check under part 121, 
125, or 135 of this chapter conducted by the Administrator or by an 
approved pilot check airman.
    (h) Additional aircraft type-specific training. No person may serve 
as pilot in command of an aircraft that the Administrator has determined 
requires aircraft type-specific training unless that person has--
    (1) Received and logged type-specific training in the aircraft, or 
in a flight simulator or flight training device that is representative 
of that type of aircraft; and
    (2) Received a logbook endorsement from an authorized instructor who 
has found the person proficient in the operation of the aircraft and its 
systems.
    (i) Additional training required for operating tailwheel airplanes. 
(1) Except as provided in paragraph (i)(2) of this section, no person 
may act as pilot in command of a tailwheel airplane unless that person 
has received and logged flight training from an authorized instructor in 
a tailwheel airplane and received an endorsement in the person's logbook 
from an authorized instructor who found the person proficient in the 
operation of a tailwheel airplane. The flight training must include at 
least the following maneuvers and procedures:
    (i) Normal and crosswind takeoffs and landings;
    (ii) Wheel landings (unless the manufacturer has recommended against 
such landings); and
    (iii) Go-around procedures.
    (2) The training and endorsement required by paragraph (i)(1) of 
this section is not required if the person logged pilot-in-command time 
in a tailwheel airplane before April 15, 1991.
    (j) Additional training required for operating a glider. (1) No 
person may act as pilot in command of a glider--
    (i) Using ground-tow procedures, unless that person has 
satisfactorily accomplished ground and flight training on ground-tow 
procedures and operations, and has received an endorsement from an 
authorized instructor who certifies in that pilot's logbook that the 
pilot has been found proficient in ground-tow procedures and operations;
    (ii) Using aerotow procedures, unless that person has satisfactorily 
accomplished ground and flight training on aerotow procedures and 
operations, and has received an endorsement from an authorized 
instructor who certifies in that pilot's logbook that the pilot has been 
found proficient in aerotow procedures and operations; or
    (iii) Using self-launch procedures, unless that person has 
satisfactorily accomplished ground and flight training on self-launch 
procedures and operations, and has received an endorsement from an 
authorized instructor who certifies in that pilot's logbook that the 
pilot has been found proficient in self-launch procedures and 
operations.
    (2) The holder of a glider rating issued prior to August 4, 1997, is 
considered to be in compliance with the training and logbook endorsement 
requirements of this paragraph for the specific operating privilege for 
which the holder is already qualified.
    (k) Exceptions. (1) This section does not require a category and 
class rating for aircraft not type-certificated as airplanes, 
rotorcraft, gliders, lighter-

[[Page 27]]

than-air aircraft, powered-lifts, powered parachutes, or weight-shift-
control aircraft.
    (2) The rating limitations of this section do not apply to--
    (i) An applicant when taking a practical test given by an examiner;
    (ii) The holder of a student pilot certificate;
    (iii) The holder of a pilot certificate when operating an aircraft 
under the authority of--
    (A) A provisional type certificate; or
    (B) An experimental certificate, unless the operation involves 
carrying a passenger;
    (iv) The holder of a pilot certificate with a lighter-than-air 
category rating when operating a balloon;
    (v) The holder of a recreational pilot certificate operating under 
the provisions of Sec. 61.101(h); or
    (vi) The holder of a sport pilot certificate when operating a light-
sport aircraft.

[Doc. No. 25910, 62 FR 40896, July 30, 1997, as amended by Amdt. 61-104, 
63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 69 FR 44865, July 27, 2004]



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  Knowledge test: Prerequisites and passing grades.

    (a) An applicant for a knowledge test must have:
    (1) Received an endorsement, if required by this part, from an 
authorized instructor certifying that the applicant accomplished the 
appropriate ground-training or a home-study course required by this part 
for the certificate or rating sought and is prepared for the knowledge 
test; and
    (2) Proper identification at the time of application that contains 
the applicant's--
    (i) Photograph;
    (ii) Signature;
    (iii) Date of birth, which shows the applicant meets or will meet 
the age requirements of this part for the certificate sought before the 
expiration date of the airman knowledge test report; and
    (iv) Actual residential address, if different from the applicant's 
mailing address.
    (b) The Administrator shall specify the minimum passing grade for 
the knowledge test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-104, 
63 FR 20286, Apr. 23, 1998]



Sec. 61.37  Knowledge tests: Cheating or other unauthorized conduct.

    (a) An applicant for a knowledge test may not:
    (1) Copy or intentionally remove any knowledge test;
    (2) Give to another applicant or receive from another applicant any 
part or copy of a knowledge test;
    (3) Give assistance on, or receive assistance on, a knowledge test 
during the period that test is being given;
    (4) Take any part of a knowledge test on behalf of another person;
    (5) Be represented by, or represent, another person for a knowledge 
test;
    (6) Use any material or aid during the period that the test is being 
given, unless specifically authorized to do so by the Administrator; and
    (7) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) An applicant who the Administrator finds has committed an act 
prohibited by paragraph (a) of this section is prohibited, for 1 year 
after the date of committing that act, from:
    (1) Applying for any certificate, rating, or authorization issued 
under this chapter; and
    (2) Applying for and taking any test under this chapter.
    (c) Any certificate or rating held by an applicant may be suspended 
or revoked if the Administrator finds that person has committed an act 
prohibited by paragraph (a) of this section.



Sec. 61.39  Prerequisites for practical tests.

    (a) Except as provided in paragraphs (b) and (c) of this section, to 
be eligible for a practical test for a certificate or rating issued 
under this part, an applicant must:
    (1) Pass the required knowledge test within the 24-calendar-month 
period preceding the month the applicant

[[Page 28]]

completes the practical test, if a knowledge test is required;
    (2) Present the knowledge test report at the time of application for 
the practical test, if a knowledge test is required;
    (3) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought;
    (4) Hold at least a current third-class medical certificate, if a 
medical certificate is required;
    (5) Meet the prescribed age requirement of this part for the 
issuance of the certificate or rating sought;
    (6) Have an endorsement, if required by this part, in the 
applicant's logbook or training record that has been signed by an 
authorized instructor who certifies that the applicant--
    (i) Has received and logged training time within 60 days preceding 
the date of application in preparation for the practical test;
    (ii) Is prepared for the required practical test; and
    (iii) Has demonstrated satisfactory knowledge of the subject areas 
in which the applicant was deficient on the airman knowledge test; and
    (7) Have a completed and signed application form.
    (b) Notwithstanding the provisions of paragraphs (a)(1) and (2) of 
this section, an applicant for an airline transport pilot certificate or 
an additional rating to an airline transport certificate may take the 
practical test for that certificate or rating with an expired knowledge 
test report, provided that the applicant:
    (1) Is employed as a flight crewmember by a certificate holder under 
part 121, 125, or 135 of this chapter at the time of the practical test 
and has satisfactorily accomplished that operator's approved--
    (i) Pilot in command aircraft qualification training program that is 
appropriate to the certificate and rating sought; and
    (ii) Qualification training requirements appropriate to the 
certificate and rating sought; or
    (2) Is employed as a flight crewmember in scheduled U.S. military 
air transport operations at the time of the practical test, and has 
accomplished the pilot in command aircraft qualification training 
program that is appropriate to the certificate and rating sought.
    (c) A person is not required to comply with the provisions of 
paragraph (a)(6) of this section if that person:
    (1) 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;
    (2) Is applying for a type rating only, or a class rating with an 
associated type rating; or
    (3) Is applying for an airline transport pilot certificate or an 
additional rating to an airline transport pilot certificate in an 
aircraft that does not require an aircraft type rating practical test.
    (d) 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 began the test.
    (e) If all increments of the practical test for a certificate or a 
rating are not satisfactorily completed within 60 calendar days after 
the date on which the applicant began the test, the applicant must 
retake the entire practical test, including those increments 
satisfactorily completed.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997, as amended by Amdt. 61-104, 63 FR 20286, Apr. 23, 1998]



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

    (a) A person may credit flight training toward the requirements of a 
pilot certificate or rating issued under this part, if that person 
received the training from:
    (1) A flight instructor of an Armed Force in a program for training 
military pilots of either--
    (i) The United States; or
    (ii) A foreign contracting State to the Convention on International 
Civil Aviation.

[[Page 29]]

    (2) A flight instructor who is authorized to give such training by 
the licensing authority of a foreign contracting State to the Convention 
on International Civil Aviation, and the flight training is given 
outside the United States.
    (b) A flight instructor described in paragraph (a) of this section 
is only authorized to give endorsements to show training given.



Sec. 61.43  Practical tests: General procedures.

    (a) Except as provided in paragraph (b) of this section, the ability 
of an applicant for a certificate or rating issued under this part to 
perform the required tasks on the practical test is based on that 
applicant's ability to safely:
    (1) Perform the tasks specified in the areas of operation for the 
certificate or rating sought within the approved standards;
    (2) Demonstrate mastery of the aircraft with the successful outcome 
of each task performed never seriously in doubt;
    (3) Demonstrate satisfactory proficiency and competency within the 
approved standards;
    (4) Demonstrate sound judgment; and
    (5) Demonstrate single-pilot competence if the aircraft is type 
certificated for single-pilot operations.
    (b) If an applicant does not demonstrate single pilot proficiency, 
as required in paragraph (a)(5) of this section, a limitation of 
``Second in Command Required'' will be placed on the applicant's airman 
certificate. The limitation may be removed if the applicant passes the 
appropriate practical test by demonstrating single-pilot competency in 
the aircraft in which single-pilot privileges are sought.
    (c) If an applicant fails any area of operation, that applicant 
fails the practical test.
    (d) An applicant is not eligible for a certificate or rating sought 
until all the areas of operation are passed.
    (e) The examiner or the applicant may discontinue a practical test 
at any time:
    (1) When the applicant fails one or more of the areas of operation; 
or
    (2) Due to inclement weather conditions, aircraft airworthiness, or 
any other safety-of-flight concern.
    (f) If a practical test is discontinued, the applicant is entitled 
credit for those areas of operation that were passed, but only if the 
applicant:
    (1) Passes the remainder of the practical test within the 60-day 
period after the date the practical test was discontinued;
    (2) Presents to the examiner for the retest the original notice of 
disapproval form or the letter of discontinuance form, as appropriate;
    (3) Satisfactorily accomplishes any additional training needed and 
obtains the appropriate instructor endorsements, if additional training 
is required; and
    (4) Presents to the examiner for the retest a properly completed and 
signed application.



Sec. 61.45  Practical tests: Required aircraft and equipment.

    (a) General. Except as provided in paragraph (a)(2) of this section 
or when permitted to accomplish the entire flight increment of the 
practical test in a flight simulator or a flight training device, an 
applicant for a certificate or rating issued under this part must 
furnish:
    (1) An aircraft of U.S. registry for each required test that--
    (i) Is of the category, class, and type, if applicable, for which 
the applicant is applying for a certificate or rating; and
    (ii) Has a current standard airworthiness certificate or special 
airworthiness certificate in the limited, primary, or light-sport 
category.
    (2) At the discretion of the examiner who administers the practical 
test, the applicant may furnish--
    (i) An aircraft that has a current airworthiness certificate other 
than a standard airworthiness certificate or special airworthiness 
certificate in the limited, primary, or light-sport category, but that 
otherwise meets the requirements of paragraph (a)(1) of this section;
    (ii) An aircraft of the same category, class, and type, if 
applicable, of foreign registry that is properly certificated by the 
country of registry; or

[[Page 30]]

    (iii) A military aircraft of the same category, class, and type, if 
applicable, for which the applicant is applying for a certificate or 
rating.
    (b) Required equipment (other than controls). (1) Except as provided 
in paragraph (b)(2) of this section, an aircraft used for a practical 
test must have--
    (i) The equipment for each area of operation required for the 
practical test;
    (ii) No prescribed operating limitations that prohibit its use in 
any of the areas of operation required for the practical test;
    (iii) Except as provided in paragraphs (e) and (f) of this section, 
at least two pilot stations with adequate visibility for each person to 
operate the aircraft safely; and
    (iv) Cockpit and outside visibility adequate to evaluate the 
performance of the applicant when an additional jump seat is provided 
for the examiner.
    (2) An applicant for a certificate or rating may use an aircraft 
with operating characteristics that preclude the applicant from 
performing all of the tasks required for the practical test. However, 
the applicant's certificate or rating, as appropriate, will be issued 
with an appropriate limitation.
    (c) Required controls. An aircraft (other than a lighter-than-air 
aircraft) used for a practical test must have engine power controls and 
flight controls that are easily reached and operable in a conventional 
manner by both pilots, unless the examiner determines that the practical 
test can be conducted safely in the aircraft without the controls being 
easily reached.
    (d) Simulated instrument flight equipment. An applicant for a 
practical test that involves maneuvering an aircraft solely by reference 
to instruments must furnish:
    (1) Equipment on board the aircraft that permits the applicant to 
pass the areas of operation that apply to the rating sought; and
    (2) A device that prevents the applicant from having visual 
reference outside the aircraft, but does not prevent the examiner from 
having visual reference outside the aircraft, and is otherwise 
acceptable to the Administrator.
    (e) Aircraft with single controls. A practical test may be conducted 
in an aircraft having a single set of controls, provided the:
    (1) Examiner agrees to conduct the test;
    (2) Test does not involve a demonstration of instrument skills; and
    (3) Proficiency of the applicant can be observed by an examiner who 
is in a position to observe the applicant.
    (f) Light-sport aircraft with a single seat. A practical test for a 
sport pilot certificate may be conducted in a light-sport aircraft 
having a single seat provided that the--
    (1) Examiner agrees to conduct the test;
    (2) Examiner is in a position to observe the operation of the 
aircraft and evaluate the proficiency of the applicant; and
    (3) Pilot certificate of an applicant successfully passing the test 
is issued a pilot certificate with a limitation ``No passenger carriage 
and flight in a single-seat light-sport aircraft only.''

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 
69 FR 44865, July 27, 2004]



Sec. 61.47  Status of an examiner who is authorized by the Administrator 
to conduct practical tests.

    (a) An examiner represents the Administrator for the purpose of 
conducting practical tests for certificates and ratings issued under 
this part and to observe an applicant's ability to perform the areas of 
operation on the practical test.
    (b) The examiner is not the pilot in command of the aircraft during 
the practical test unless the examiner agrees to act in that capacity 
for the flight or for a portion of the flight by prior arrangement with:
    (1) The applicant; or
    (2) A person who would otherwise act as pilot in command of the 
flight or for a portion of the flight.
    (c) Notwithstanding the type of aircraft used during the practical 
test, the applicant and the examiner (and any other occupants authorized 
to be on board by the examiner) are not subject to the requirements or 
limitations for

[[Page 31]]

the carriage of passengers that are specified in this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997]



Sec. 61.49  Retesting after failure.

    (a) An applicant for a knowledge or practical test who fails that 
test may reapply for the test only after the applicant has received:
    (1) The necessary training from an authorized instructor who has 
determined that the applicant is proficient to pass the test; and
    (2) An endorsement from an authorized instructor who gave the 
applicant the additional training.
    (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 in instructional proficiency on stall awareness, spin 
entry, spins, or spin recovery must:
    (1) Comply with the requirements of paragraph (a) of this section 
before being retested;
    (2) Bring an aircraft to the retest that is of the appropriate 
aircraft category for the rating sought and is certificated for spins; 
and
    (3) Demonstrate satisfactory instructional proficiency on stall 
awareness, spin entry, spins, and spin recovery to an examiner during 
the retest.



Sec. 61.51  Pilot logbooks.

    (a) Training time and aeronautical experience. Each person must 
document and record the following time in a manner acceptable to the 
Administrator:
    (1) Training and aeronautical experience used to meet the 
requirements for a certificate, rating, or flight review of this part.
    (2) The aeronautical experience required for meeting the recent 
flight experience requirements of this part.
    (b) Logbook entries. For the purposes of meeting the requirements of 
paragraph (a) of this section, each person must enter the following 
information for each flight or lesson logged:
    (1) General--
    (i) Date.
    (ii) Total flight time or lesson time.
    (iii) Location where the aircraft departed and arrived, or for 
lessons in a flight simulator or flight training device, the location 
where the lesson occurred.
    (iv) Type and identification of aircraft, flight simulator, or 
flight training device, as appropriate.
    (v) The name of a safety pilot, if required by Sec. 91.109(b) of 
this chapter.
    (2) Type of pilot experience or training--
    (i) Solo.
    (ii) Pilot in command.
    (iii) Second in command.
    (iv) Flight and ground training received from an authorized 
instructor.
    (v) Training received in a flight simulator or flight training 
device from an authorized instructor.
    (3) Conditions of flight--
    (i) Day or night.
    (ii) Actual instrument.
    (iii) Simulated instrument conditions in flight, a flight simulator, 
or a flight training device.
    (c) Logging of pilot time. The pilot time described in this section 
may be used to:
    (1) Apply for a certificate or rating issued under this part or a 
privilege authorized under this part; or
    (2) Satisfy the recent flight experience requirements of this part.
    (d) Logging of solo flight time. Except for a student pilot 
performing the duties of pilot in command of an airship requiring more 
than one pilot flight crewmember, a pilot may log as solo flight time 
only that flight time when the pilot is the sole occupant of the 
aircraft.
    (e) Logging pilot-in-command flight time. (1) A sport, recreational, 
private, or commercial pilot may log pilot-in-command time only for that 
flight time during which that person--
    (i) Is the sole manipulator of the controls of an aircraft for which 
the pilot is rated or has privileges;
    (ii) Is the sole occupant of the aircraft; or
    (iii) Except for a recreational pilot, is 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 regulations under which the flight 
is conducted.

[[Page 32]]

    (2) An airline transport pilot may log as pilot-in-command time all 
of the flight time while acting as pilot-in-command of an operation 
requiring an airline transport pilot certificate.
    (3) An authorized instructor may log as pilot-in-command time all 
flight time while acting as an authorized instructor.
    (4) A student pilot may log pilot-in-command time only when the 
student pilot--
    (i) Is the sole occupant of the aircraft or is performing the duties 
of pilot of command of an airship requiring more than one pilot flight 
crewmember;
    (ii) Has a current solo flight endorsement as required under Sec. 
61.87 of this part; and
    (iii) Is undergoing training for a pilot certificate or rating.
    (f) Logging second-in-command flight time. A person may log second-
in-command time only for that flight time during which that person:
    (1) Is qualified in accordance with the second-in-command 
requirements of Sec. 61.55 of this part, and occupies a crewmember 
station in an aircraft that requires more than one pilot by the 
aircraft's type certificate; or
    (2) Holds the appropriate category, class, and instrument rating (if 
an instrument rating is required for the flight) for the aircraft being 
flown, and more than one pilot is required under the type certification 
of the aircraft or the regulations under which the flight is being 
conducted.
    (g) Logging instrument flight time. (1) A person may log instrument 
time only for that flight time when the person operates the aircraft 
solely by reference to instruments under actual or simulated instrument 
flight conditions.
    (2) An authorized instructor may log instrument time when conducting 
instrument flight instruction in actual instrument flight conditions.
    (3) For the purposes of logging instrument time to meet the recent 
instrument experience requirements of Sec. 61.57(c) of this part, the 
following information must be recorded in the person's logbook--
    (i) The location and type of each instrument approach accomplished; 
and
    (ii) The name of the safety pilot, if required.
    (4) A flight simulator or approved flight training device may be 
used by a person to log instrument time, provided an authorized 
instructor is present during the simulated flight.
    (h) Logging training time. (1) A person may log training time when 
that person receives training from an authorized instructor in an 
aircraft, flight simulator, or flight training device.
    (2) The training time must be logged in a logbook and must:
    (i) Be endorsed in a legible manner by the authorized instructor; 
and
    (ii) Include a description of the training given, the length of the 
training lesson, and the authorized instructor's signature, certificate 
number, and certificate expiration date.
    (i) Presentation of required documents. (1) Persons must present 
their pilot certificate, medical certificate, logbook, or any other 
record required by this part for inspection upon a reasonable request 
by--
    (i) The Administrator;
    (ii) An authorized representative from the National Transportation 
Safety Board; or
    (iii) Any Federal, State, or local law enforcement officer.
    (2) A student pilot must carry the following items in the aircraft 
on all solo cross-country flights as evidence of the required authorized 
instructor clearances and endorsements--
    (i) Pilot logbook;
    (ii) Student pilot certificate; and
    (iii) Any other record required by this section.
    (3) A sport pilot must carry his or her logbook or other evidence of 
required authorized instructor endorsements on all flights.
    (4) A recreational pilot must carry his or her logbook with the 
required authorized instructor endorsements on all solo flights--
    (i) That exceed 50 nautical miles from the airport at which training 
was received;
    (ii) Within airspace that requires communication with air traffic 
control;
    (iii) Conducted between sunset and sunrise; or

[[Page 33]]

    (iv) In an aircraft for which the pilot does not hold an appropriate 
category or class rating.
    (5) A flight instructor with a sport pilot rating must carry his or 
her logbook or other evidence of required authorized instructor 
endorsements on all flights when providing flight training.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 
69 FR 44865, July 27, 2004]



Sec. 61.52  Use of aeronautical experience obtained in ultralight 
vehicles.

    (a) A person may use aeronautical experience obtained in an 
ultralight vehicle to meet the requirements for the following 
certificates and ratings issued under this part:
    (1) A sport pilot certificate.
    (2) A flight instructor certificate with a sport pilot rating;
    (3) A private pilot certificate with a weight-shift-control or 
powered parachute category rating.
    (b) A person may use aeronautical experience obtained in an 
ultralight vehicle to meet the provisions of Sec. Sec. 61.69 and 
61.415(e).
    (c) A person using aeronautical experience obtained in an ultralight 
vehicle to meet the requirements for a certificate or rating specified 
in paragraph (a) of this section or the requirements of paragraph (b) of 
this section must--
    (1) Have been a registered ultralight pilot with an FAA-recognized 
ultralight organization when that aeronautical experience was obtained;
    (2) Document and log that aeronautical experience in accordance with 
the provisions for logging aeronautical experience specified by an FAA-
recognized ultralight organization and in accordance with provisions for 
logging pilot time in aircraft as specified in Sec. 61.51; and
    (3) Obtain the experience in a category and class of vehicle 
corresponding to the rating or privileges sought.

[Doc. No. FAA-2001-11133, 69 FR 44865, July 27, 2004]



Sec. 61.53  Prohibition on operations during medical deficiency.

    (a) Operations that require a medical certificate. Except as 
provided for in paragraph (b) of this section, a person who holds a 
current medical certificate issued under part 67 of this chapter shall 
not act as pilot in command, or in any other capacity as a required 
pilot flight crewmember, while that person:
    (1) Knows or has reason to know of any medical condition that would 
make the person unable to meet the requirements for the medical 
certificate necessary for the pilot operation; or
    (2) Is taking medication or receiving other treatment for a medical 
condition that results in the person being unable to meet the 
requirements for the medical certificate necessary for the pilot 
operation.
    (b) Operations that do not require a medical certificate. For 
operations provided for in Sec. 61.23(b) of this part, a person shall 
not act as pilot in command, or in any other capacity as a required 
pilot flight crewmember, while that person knows or has reason to know 
of any medical condition that would make the person unable to operate 
the aircraft in a safe manner.
    (c) Operations requiring a medical certificate or a U.S. driver's 
license. For operations provided for in Sec. 61.23(c), a person must 
meet the provisions of--
    (1) Paragraph (a) of this section if that person holds a valid 
medical certificate issued under part 67 of this chapter and does not 
hold a current and valid U.S. driver's license.
    (2) Paragraph (b) of this section if that person holds a current and 
valid U.S. driver's license.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44866, July 27, 2004]



Sec. 61.55  Second-in-command qualifications.

    (a) Except as provided in paragraph (d) of this section, no person 
may serve as a second in command of an aircraft type certificated for 
more than one required pilot flight crewmember or in operations 
requiring a second in command unless that person holds:
    (1) At least a current private pilot certificate with the 
appropriate category and class rating; and

[[Page 34]]

    (2) An instrument rating that applies to the aircraft being flown if 
the flight is under IFR.
    (b) Except as provided in paragraph (d) of this section, no person 
may serve as a second in command of an aircraft type certificated for 
more than one required pilot flight crewmember or in operations 
requiring a second in command unless that person has within the previous 
12 calendar months:
    (1) Become familiar with the following information for the specific 
type aircraft for which second-in-command privileges are requested--
    (i) Operational procedures applicable to the powerplant, equipment, 
and systems.
    (ii) Performance specifications and limitations.
    (iii) Normal, abnormal, and emergency operating procedures.
    (iv) Flight manual.
    (v) Placards and markings.
    (2) Except as provided in paragraph (e) of this section, performed 
and logged pilot time in the type of aircraft or in a flight simulator 
that represents the type of aircraft for which second-in-command 
privileges are requested, which includes--
    (i) Three takeoffs and three landings to a full stop as the sole 
manipulator of the flight controls;
    (ii) Engine-out procedures and maneuvering with an engine out while 
executing the duties of pilot in command; and
    (iii) Crew resource management training.
    (c) If a person 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 this section is required, then that 
person is considered to have accomplished the training and practice in 
the month it is due.
    (d) This section does not apply to a person who is:
    (1) Designated and qualified as pilot in command under subpart K of 
part 91, part 121, 125, or 135 of this chapter in that specific type of 
aircraft;
    (2) Designated as the second in command under subpart K of part 91, 
part 121, 125, or 135 of this chapter in that specific type of aircraft;
    (3) Designated as the second in command in that specific type of 
aircraft for the purpose of receiving flight training required by this 
section, and no passengers or cargo are carried on the aircraft; or
    (4) Designated as a safety pilot for purposes required by Sec. 
91.109(b) of this chapter.
    (e) The holder of a commercial or airline transport pilot 
certificate with the appropriate category and class rating is not 
required to meet the requirements of paragraph (b)(2) of this section, 
provided the pilot:
    (1) Is conducting a ferry flight, aircraft flight test, or 
evaluation flight of an aircraft's equipment; and
    (2) Is not carrying any person or property on board the aircraft, 
other than necessary for conduct of the flight.
    (f) For the purpose of meeting the requirements of paragraph (b) of 
this section, a person may serve as second in command in that specific 
type aircraft, provided:
    (1) The flight is conducted under day VFR or day IFR; and
    (2) No person or property is carried on board the aircraft, other 
than necessary for conduct of the flight.
    (g) Except as provided in paragraph (h) of this section, the 
requirements of paragraph (b) of this section may be accomplished in a 
flight simulator that is used in accordance with an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (h) An applicant for an initial second-in-command qualification for 
a particular type of aircraft who is qualifying under the terms of 
paragraph (g) of this section must satisfactorily complete a minimum of 
one takeoff and one landing in an aircraft of the same type for which 
the qualification is sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-109, 68 FR 54559, Sept. 17, 2003]



Sec. 61.56  Flight review.

    (a) Except as provided in paragraphs (b) and (f) of this section, a 
flight review consists of a minimum of 1 hour of flight training and 1 
hour of ground training. The review must include:

[[Page 35]]

    (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 that, 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 flight to traffic pattern 
altitude, in lieu of the 1 hour of flight training required in paragraph 
(a) of this section.
    (c) Except as provided in paragraphs (d), (e), and (g) 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 authorized instructor and
    (2) A logbook endorsed from an authorized instructor 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, passed a pilot proficiency check conducted by an 
examiner, 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) A person who has, within the period specified in paragraph (c) 
of this section, satisfactorily accomplished one or more phases of an 
FAA-sponsored pilot proficiency award program need not accomplish the 
flight review required by this section.
    (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 in Sec. 61.197 need not accomplish the 1 hour of 
ground training specified in paragraph (a) of this section.
    (g) A student pilot need not accomplish the flight review required 
by this section provided the student pilot is undergoing training for a 
certificate and has a current solo flight endorsement as required under 
Sec. 61.87 of this part.
    (h) The requirements of this section may be accomplished in 
combination with the requirements of Sec. 61.57 and other applicable 
recent experience requirements at the discretion of the authorized 
instructor conducting the flight review.
    (i) 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 used in 
accordance with an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (2) Unless the flight review is undertaken in a flight simulator 
that is approved for landings, the applicant must meet the takeoff and 
landing requirements of Sec. 61.57(a) or Sec. 61.57(b) of this part.
    (3) The flight simulator or flight training device used must 
represent an aircraft or set of aircraft for which the pilot is rated.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998]



Sec. 61.57  Recent flight experience: Pilot in command.

    (a) General experience. (1) Except as provided in paragraph (e) of 
this section, no person may act as a pilot in command of an aircraft 
carrying passengers or of an aircraft certificated for more than one 
pilot flight crewmember unless that person has made at least three 
takeoffs and three landings within the preceding 90 days, and--
    (i) The person acted as the sole manipulator of the flight controls; 
and
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a type rating is 
required), and, if the aircraft to be flown is an airplane with a 
tailwheel, the takeoffs and landings must have been made to a full stop 
in an airplane with a tailwheel.
    (2) For the purpose of meeting the requirements of paragraph (a)(1) 
of this section, a person may act as a pilot in command of an aircraft 
under day VFR

[[Page 36]]

or day IFR, provided no persons or property are carried on board the 
aircraft, other than those necessary for the conduct of the flight.
    (3) The takeoffs and landings required by paragraph (a)(1) of this 
section may be accomplished in a flight simulator or flight training 
device that is--
    (i) 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.
    (b) Night takeoff and landing experience. (1) Except as provided in 
paragraph (e) of this section, no person may act as pilot in command of 
an aircraft carrying passengers during the period beginning 1 hour after 
sunset and ending 1 hour before sunrise, unless within the preceding 90 
days that person has made at least three takeoffs and three landings to 
a full stop during the period beginning 1 hour after sunset and ending 1 
hour before sunrise, and--
    (i) That person acted as sole manipulator of the flight controls; 
and
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a type rating is 
required).
    (2) The takeoffs and landings required by paragraph (b)(1) of this 
section may be accomplished in a flight simulator that is--
    (i) Approved by the Administrator for takeoffs and landings, if the 
visual system is adjusted to represent the period described in paragraph 
(b)(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.
    (c) Instrument experience. Except as provided in paragraph (e) 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:
    (1) For the purpose of obtaining instrument experience in an 
aircraft (other than a glider), performed and logged under actual or 
simulated instrument conditions, either in flight in the appropriate 
category of aircraft for the instrument privileges sought or in a flight 
simulator or flight training device that is representative of the 
aircraft category for the instrument privileges sought--
    (i) At least six instrument approaches;
    (ii) Holding procedures; and
    (iii) Intercepting and tracking courses through the use of 
navigation systems.
    (2) For the purpose of obtaining instrument experience in a glider, 
performed and logged under actual or simulated instrument conditions--
    (i) At least 3 hours of instrument time in flight, of which 1\1/2\ 
hours may be acquired in an airplane or a glider if no passengers are to 
be carried; or
    (ii) 3 hours of instrument time in flight in a glider if a passenger 
is to be carried.
    (d) Instrument proficiency check. Except as provided in paragraph 
(e) of this section, a person who does not meet the instrument 
experience requirements of paragraph (c) of this section within the 
prescribed time, or within 6 calendar months after the prescribed time, 
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 proficiency check consisting of a representative number of 
tasks required by the instrument rating practical test.
    (1) The instrument proficiency check must be--
    (i) In an aircraft that is appropriate to the aircraft category;
    (ii) For other than a glider, in a flight simulator or flight 
training device that is representative of the aircraft category; or
    (iii) For a glider, in a single-engine airplane or a glider.
    (2) The instrument proficiency check must be given by--
    (i) An examiner;
    (ii) A person authorized by the U.S. Armed Forces to conduct 
instrument flight tests, provided the person being tested is a member of 
the U.S. Armed Forces;
    (iii) A company check pilot who is authorized to conduct instrument 
flight tests under part 121, 125, or 135 of

[[Page 37]]

this chapter or subpart K of part 91 of this chapter, and provided that 
both the check pilot and the pilot being tested are employees of that 
operator or fractional ownership program manager, as applicable;
    (iv) An authorized instructor; or
    (v) A person approved by the Administrator to conduct instrument 
practical tests.
    (e) Exceptions. (1) Paragraphs (a) and (b) of this section do not 
apply to a pilot in command who is employed by a certificate holder 
under part 125 and engaged in a flight operation for that certificate 
holder if the pilot is in compliance with Sec. Sec. 125.281 and 125.285 
of this chapter.
    (2) This section does not apply to a pilot in command who is 
employed by an air carrier certificated under part 121 or 135 and is 
engaged in a flight operation under part 91, 121, or 135 for that air 
carrier if the pilot is in compliance with Sec. Sec. 121.437 and 
121.439, or Sec. Sec. 135.243 and 135.247 of this chapter, as 
appropriate.
    (3) Paragraph (b) of this section does not apply to a pilot in 
command of a turbine-powered airplane that is type certificated for more 
than one pilot crewmember, provided that pilot has complied with the 
requirements of paragraph (e)(3)(i) or (ii) of this section:
    (i) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:
    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight experience of paragraph (a) of this section, as 
the sole manipulator of the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) That pilot has accomplished and logged at least 3 takeoffs and 3 
landings to a full stop, as the sole manipulator of the flight controls, 
in a turbine-powered airplane that requires more than one pilot 
crewmember. The pilot must have performed the takeoffs and landings 
during the period beginning 1 hour after sunset and ending 1 hour before 
sunrise within the preceding 6 months prior to the month of the flight.
    (ii) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:
    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight experience of paragraph (a) of this section, as 
the sole manipulator of the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) Within the preceding 12 months prior to the month of the flight, 
the pilot must have completed a training program that is approved under 
part 142 of this chapter. The approved training program must have 
required and the pilot must have performed, at least 6 takeoffs and 6 
landings to a full stop as the sole manipulator of the controls in a 
flight simulator that is representative of a turbine-powered airplane 
that requires more than one pilot crewmember. The flight simulator's 
visual system must have been adjusted to represent the period beginning 
1 hour

[[Page 38]]

after sunset and ending 1 hour before sunrise.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-106, 64 FR 23529, Apr. 30, 1999; Amdt. 61-109, 
68 FR 54559, Sept. 17, 2003]



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

    (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 flight crewmember, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command proficiency check in an aircraft that is type certificated for 
more than one required pilot flight crewmember; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command proficiency 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 subpart K of part 91, part 121, 125, 133, 135, or 137 of this 
chapter, or persons maintaining continuing qualification under an 
Advanced Qualification program approved under SFAR 58.
    (c) The pilot-in-command proficiency check given in accordance with 
the provisions of subpart K of part 91, part 121, 125, or 135 of this 
chapter may be used to satisfy the requirements of this section.
    (d) The pilot-in-command proficiency 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, in an aircraft type certificated 
for more than one required pilot flight crewmember;
    (2) The practical test required for a type rating, in an aircraft 
type certificated for more than one required pilot flight crewmember;
    (3) The initial or periodic practical test required for the issuance 
of a pilot examiner or check airman designation, in an aircraft type 
certificated for more than one required pilot flight crewmember; 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 flight crewmember.
    (e) A check or test described in paragraphs (d)(1) through (d)(4) of 
this section may be accomplished in a flight simulator under part 142 of 
this chapter, subject to the following:
    (1) Except as provided for 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 must annotate, in the applicant's training 
record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as pilot in command, the pilot must 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 paragraph (e) of this 
section is not qualified and approved for circling approaches--
    (i) The applicant's record must include 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 a flight simulator 
qualified and approved for circling approaches or in an aircraft to a 
person authorized by the Administrator to conduct the check required by 
this section.
    (3) If the flight simulator used pursuant to paragraph (e) of this 
section 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)

[[Page 39]]

as the sole manipulator of the flight controls in the type airplane for 
which the pilot-in-command proficiency check is sought.
    (f) For the purpose of meeting the pilot-in-command proficiency 
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 pilot-in-command proficiency 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 pilot-in-command proficiency check is due.

[Doc. No. 25910, 62 FR 40899, July 30, 1997, as amended by Amdt. 61-109, 
68 FR 54559, Sept. 17, 2003]



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, authorization, 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 of any certificate, rating, or authorization under this part;
    (3) Any reproduction for fraudulent purpose of any certificate, 
rating, or authorization, under this part; or
    (4) Any alteration of any certificate, rating, or authorization 
under this part.
    (b) The commission of an act prohibited under paragraph (a) of this 
section is a basis for suspending or revoking any airman certificate, 
rating, or authorization held by that person.



Sec. 61.60  Change of address.

    The holder of a pilot, flight instructor, or ground instructor 
certificate who has made a change in permanent mailing address may not, 
after 30 days from that date, exercise the privileges of the certificate 
unless the holder has notified in writing the FAA, Airman Certification 
Branch, P.O. Box 25082, Oklahoma City, OK 73125, of the new permanent 
mailing address, or if the permanent mailing address includes a post 
office box number, then the holder's current residential address.



           Subpart B_Aircraft Ratings and Pilot Authorizations



Sec. 61.61  Applicability.

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



Sec. 61.63  Additional aircraft ratings (other than on an airline 
transport pilot certificate).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, for other than an airline transport pilot 
certificate, an applicant must meet the appropriate requirements of this 
section for the additional aircraft rating sought.
    (b) Additional category rating. An applicant who holds a pilot 
certificate and applies to add a category rating to that pilot 
certificate:
    (1) Must have received the required training and possess the 
aeronautical experience prescribed by this part that applies to the 
pilot certificate for the aircraft category and, if applicable, class 
rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
category and, if applicable, class rating sought;
    (3) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient on the areas of operation 
that are appropriate to the pilot certificate for the aircraft

[[Page 40]]

category and, if applicable, class rating sought;
    (4) Must pass the required practical test that is appropriate to the 
pilot certificate for the aircraft category and, if applicable, class 
rating sought; and
    (5) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
at that pilot certificate level.
    (c) Additional class rating. Any person who applies for an 
additional class rating to be added on a pilot certificate:
    (1) Must have an endorsement in his or her logbook or training 
record from an authorized instructor and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
class rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient in the areas of operation 
appropriate to the pilot certificate for the aircraft class rating 
sought;
    (3) Must pass the required practical test that is appropriate to the 
pilot certificate for the aircraft class rating sought;
    (4) Need not meet the specified training time requirements 
prescribed by this part that apply to the pilot certificate for the 
aircraft class rating sought unless the person holds a a lighter-than-
air category rating with a balloon class rating and is seeking an 
airship class rating and
    (5) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
at that pilot certificate level.
    (d) Additional type rating. Except as specified in paragraph (d)(7) 
of this section, a person who applies for an additional aircraft type 
rating to be added on a pilot certificate, or the addition of an 
aircraft type rating that is accomplished concurrently with an 
additional aircraft category or class rating:
    (1) Must hold or concurrently obtain an instrument rating that is 
appropriate to the aircraft category, class, or type rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
category, class, or type rating sought;
    (3) Must have an endorsement in his or her logbook, or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient in the areas of operation 
required for the issuance of an airline transport pilot certificate for 
the aircraft category, class, and type rating sought;
    (4) Must pass the required practical test appropriate to the airline 
transport pilot certificate for the aircraft category, class, and type 
rating sought;
    (5) Must perform the practical test in actual or simulated 
instrument conditions, unless the aircraft's type certificate makes the 
aircraft incapable of operating under instrument flight rules. If the 
practical test cannot be accomplished for this reason, the person may 
obtain a type rating limited to ``VFR only.'' The ``VFR only'' 
limitation may be removed for that aircraft type when the person passes 
the practical test in actual or simulated instrument conditions. When an 
instrument rating is issued to a person who holds one or more type 
ratings, the type ratings on the amended pilot certificate shall bear 
the ``VFR only'' limitation for each aircraft type rating for which the 
person has not demonstrated instrument competency;
    (6) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
on their pilot certificate; and
    (7) In the case of a pilot employee of a certificate holder 
operating under part 121 or 135 of this chapter or of a fractional 
ownership program manager under subpart K of part 91 of this chapter, 
must have--
    (i) Met the appropriate requirements of paragraphs (d)(1), (d)(4), 
and (d)(5) of this section for the aircraft type rating sought; and

[[Page 41]]

    (ii) Received an endorsement in his or her flight training record 
from the certificate holder or program manager attesting that the 
applicant has completed the certificate holder's or program manager's 
approved ground and flight training program appropriate to the aircraft 
type rating sought.
    (e) Use of a flight simulator or flight training device for an 
additional rating in an airplane. The areas of operation required to be 
performed 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 
areas of operation must be performed in an airplane of the same 
category, class, and type, if applicable, as the airplane for which the 
additional rating is sought.
    (2) Subject to the limitations of paragraph (e)(3) through (e)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents the airplane for 
which the additional rating is sought.
    (3) The use of a flight simulator or flight training device 
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 additional airplane rating without limitations when 
using a flight simulator--
    (i) The flight simulator must be qualified and approved 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 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 of airplane for which the type rating is sought, if a type rating 
in a turbojet airplane is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
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 of airplane for which the type rating is sought, if a 
type rating in a turbopropeller airplane is sought.
    (C) Have at least 2,000 hours of flight time, of which 500 hours is 
in turbine-powered airplanes of the same class of airplane for which the 
type rating is sought.
    (D) Have at least 500 hours of 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 additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as a 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; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
airplane rating, has logged:
    (1) At least 100 hours of flight time in airplanes of the same class 
for which the type rating is sought and which requires a type rating; 
and
    (2) At least 25 hours of flight time in airplanes of the same type 
for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (e)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (e)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (e)(7) of this section--

[[Page 42]]

    (i) May not act as pilot in command of that airplane for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 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 the same type of airplane 
to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(e)(4) or paragraph (e)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (e)(2) and (e)(3) of this section and 
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) 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)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (e)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (e)(11) of this section--
    (i) May not act as pilot in command of that airplane for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 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 that airplane of the same 
type to which the limitation applies.
    (f) Use of a flight simulator or flight training device for an 
additional rating in a helicopter. The areas of operation required to be 
performed by paragraphs (b), (c), and (d) of this section shall be 
performed as follows:
    (1) Except as provided in paragraph (f)(2) of this section, the 
areas of operation must be performed in a helicopter of the same type 
for the additional rating sought.
    (2) Subject to the limitations of paragraph (f)(3) through (f)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents that helicopter for 
the additional rating sought.
    (3) The use of a flight simulator or flight training device 
permitted by paragraph (f)(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 additional helicopter rating without limitations when 
using a flight simulator--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet at least one of the following if a type 
rating is sought in a turbine-powered helicopter:
    (A) Hold a type rating in a turbine-powered helicopter or have been 
appointed by a military service as a pilot in command of a turbine-
powered helicopter.
    (B) Have at least 2,000 hours of flight time that includes at least 
500 hours in turbine-powered helicopters.
    (C) Have at least 500 hours of flight time in turbine-powered 
helicopters.
    (D) Have at least 1,000 hours of flight time in at least two 
different turbine-powered helicopters.
    (5) Subject to the limitation of paragraph (f)(6) of this section, 
an applicant who does not meet the requirements of paragraph (f)(4) of 
this section may

[[Page 43]]

complete all training and testing (except for preflight inspection) for 
an additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a turbine-powered helicopter if a type 
rating in a turbine-powered helicopter is sought; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
helicopter rating, has logged at least 25 hours of flight time in 
helicopters of the same type for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (f)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (f)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who is issued a pilot certificate with the 
limitation specified in paragraph (f)(7) of this section--
    (i) May not act as pilot in command of that helicopter for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 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 the same type of 
helicopter to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(f)(4) or paragraph (f)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (f)(2) and (f)(3) of this section and 
the following tasks, which must be successfully completed on a static 
helicopter 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 (f)(2), (f)(3), and (f)(10) through 
(f)(12) of this section.
    (10) A applicant meeting only the requirements of paragraph 
(f)(9)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (f)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (f)(11) of this section--
    (i) May not act as pilot in command of that helicopter for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 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 that helicopter of the 
same type as to which the limitation applies.
    (g) Use of a flight simulator or flight training device for an 
additional rating in a powered-lift. The areas of operation required to 
be performed by paragraphs (b), (c), and (d) of this section shall be 
performed as follows:
    (1) Except as provided in paragraph (g)(2) of this section, the 
areas of operation must be performed in a powered-lift of the same type 
for the additional rating sought.
    (2) Subject to the limitations of paragraphs (g)(3) through (g)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents that powered-lift 
for the additional rating sought.
    (3) The use of a flight simulator or flight training device 
permitted by

[[Page 44]]

paragraph (g)(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 additional powered-lift rating without limitations 
when using a flight simulator--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet at least one of the following if a type 
rating is sought in a turbine powered-lift:
    (A) Hold a type rating in a turbine powered-lift or have been 
appointed by a military service as a pilot in command of a turbine 
powered-lift.
    (B) Have at least 2,000 hours of flight time that includes at least 
500 hours in turbine powered-lifts.
    (C) Have at least 500 hours of flight time in turbine powered-lifts.
    (D) Have at least 1,000 hours of flight time in at least two 
different turbine powered-lifts.
    (5) Subject to the limitation of paragraph (g)(6) of this section, 
an applicant who does not meet the requirements of paragraph (g)(4) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a turbine powered-lift if a type rating 
in a turbine powered-lift is sought; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
powered-lift rating, has logged at least 25 hours of flight time in 
powered-lifts of the same type for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (g)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (g)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who is issued a pilot certificate with the 
limitation specified in paragraph (g)(7) of this section--
    (i) May not act as pilot in command of that powered-lift for which 
the additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 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 the same type of powered-
lift to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(g)(4) or paragraph (g)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (g)(2) and (g)(3) of this section and 
the following tasks, which must be successfully completed on a static 
powered-lift 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 (g)(2), (g)(3), and (g)(10) through 
(g)(12) of this section.
    (10) An applicant meeting only the requirements of paragraph 
(g)(9)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (g)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (g)(11) of this section--
    (i) May not act as pilot in command of that powered-lift for which 
the additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and

[[Page 45]]

    (ii) May have the limitation removed by accomplishing 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 that powered-lift of the 
same type as to which the limitation applies.
    (h) Aircraft not capable of instrument maneuvers and procedures. An 
applicant for a type rating who provides an aircraft not capable of the 
instrument maneuvers and procedures required by the appropriate 
requirements contained in Sec. 61.157 of this part 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 appropriate 
instrument requirements contained in Sec. 61.157 or Sec. 61.73 of this 
part.
    (i) Multiengine, single-pilot station airplane. An applicant for a 
type rating in a multiengine, single-pilot station airplane may meet the 
requirements of this part in a multiseat version of that multiengine 
airplane.
    (j) Single-engine, single-pilot station airplane. An applicant for a 
type rating in a single-engine, single-pilot station airplane may meet 
the requirements of this part in a multiseat version of that single-
engine airplane.
    (k) Category class ratings for the operation of aircraft with 
experimental certificates: Notwithstanding the provisions of paragraphs 
(b) and (c) of this section, a person holding at least a recreational 
pilot certificate may apply for a category and class rating limited to a 
specific make and model of experimental aircraft, provided--
    (1) The person has logged at least 5 hours flight time while acting 
as pilot in command in the same category, class, make, and model of 
aircraft that has been issued an experimental certificate;
    (2) The person has received a logbook endorsement from an authorized 
instructor who has determined that he or she is proficient to act as 
pilot in command of the same category, class, make, and model of 
aircraft for which application is made; and
    (3) The flight time specified in paragraph (k)(1) of this section 
must be logged between September 1, 2004 and August 31, 2005.
    (l) Waivers. Unless the Administrator requires certain or all tasks 
to be performed, the examiner who conducts the practical test may waive 
any of the tasks for which the Administrator approves waiver authority.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40899, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998; Amdt. 61-110, 
69 FR 44866, July 27, 2004]



Sec. 61.64  [Reserved]



Sec. 61.65  Instrument rating requirements.

    (a) General. A person who applies for an instrument rating must:
    (1) Hold at least a current private pilot certificate with an 
airplane, helicopter, or powered-lift rating appropriate to the 
instrument rating sought;
    (2) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet any of these requirements 
due to a medical condition, the Administrator may place such operating 
limitations on the applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (3) Receive and log ground training from an authorized instructor or 
accomplish a home-study course of training on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the instrument 
rating sought;
    (4) Receive a logbook or training record endorsement from an 
authorized instructor certifying that the person is prepared to take the 
required knowledge test;
    (5) Receive and log training on the areas of operation of paragraph 
(c) of this section from an authorized instructor in an aircraft, flight 
simulator, or flight training device that represents an airplane, 
helicopter, or powered-lift appropriate to the instrument rating sought;
    (6) Receive a logbook or training record endorsement from an 
authorized instructor certifying that the person is prepared to take the 
required practical test;

[[Page 46]]

    (7) Pass the required knowledge test on the aeronautical knowledge 
areas of paragraph (b) of this section; however, an applicant is not 
required to take another knowledge test when that person already holds 
an instrument rating; and
    (8) Pass the required practical test on the areas of operation in 
paragraph (c) of this section in--
    (i) An airplane, helicopter, or powered-lift appropriate to the 
rating sought; or
    (ii) A flight simulator or a flight training device appropriate to 
the rating sought and for the specific maneuver or instrument approach 
procedure performed. If an approved flight training device is used for 
the practical test, the instrument approach procedures conducted in that 
flight training device are limited to one precision and one nonprecision 
approach, provided the flight training device is approved for the 
procedure performed.
    (b) Aeronautical knowledge. A person who applies for an instrument 
rating must have received and logged ground training from an authorized 
instructor or accomplished a home-study course on the following 
aeronautical knowledge areas that apply to the instrument rating sought:
    (1) Federal Aviation Regulations of this chapter that apply to 
flight operations under IFR;
    (2) Appropriate information that applies to flight operations under 
IFR in the ``Aeronautical Information Manual;''
    (3) Air traffic control system and procedures for instrument flight 
operations;
    (4) IFR navigation and approaches by use of navigation systems;
    (5) Use of IFR en route and instrument approach procedure charts;
    (6) Procurement and use of aviation weather reports and forecasts 
and the elements of forecasting weather trends based on that information 
and personal observation of weather conditions;
    (7) Safe and efficient operation of aircraft under instrument flight 
rules and conditions;
    (8) Recognition of critical weather situations and windshear 
avoidance;
    (9) Aeronautical decision making and judgment; and
    (10) Crew resource management, including crew communication and 
coordination.
    (c) Flight proficiency. A person who applies for an instrument 
rating must receive and log training from an authorized instructor in an 
aircraft, or in a flight simulator or flight training device, in 
accordance with paragraph (e) of this section, that includes the 
following areas of operation:
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Air traffic control clearances and procedures;
    (4) Flight by reference to instruments;
    (5) Navigation systems;
    (6) Instrument approach procedures;
    (7) Emergency operations; and
    (8) Postflight procedures.
    (d) Aeronautical experience. A person who applies for an instrument 
rating must have logged the following:
    (1) At least 50 hours of cross-country flight time as pilot in 
command, of which at least 10 hours must be in airplanes for an 
instrument--airplane rating; and
    (2) A total of 40 hours of actual or simulated instrument time on 
the areas of operation of this section, to include--
    (i) At least 15 hours of instrument flight training from an 
authorized instructor in the aircraft category for which the instrument 
rating is sought;
    (ii) At least 3 hours of instrument training that is appropriate to 
the instrument rating sought from an authorized instructor in 
preparation for the practical test within the 60 days preceding the date 
of the test;
    (iii) For an instrument--airplane rating, instrument training on 
cross- country flight procedures specific to airplanes that includes at 
least one cross-country flight in an airplane that is performed under 
IFR, and consists of--
    (A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems;

[[Page 47]]

    (iv) For an instrument--helicopter rating, instrument training 
specific to helicopters on cross-country flight procedures that includes 
at least one cross-country flight in a helicopter that is performed 
under IFR, and consists of--
    (A) A distance of at least 100 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems; and
    (v) For an instrument--powered-lift rating, instrument training 
specific to a powered-lift on cross-country flight procedures that 
includes at least one cross-country flight in a powered-lift that is 
performed under IFR and consists of--
    (A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems.
    (e) Use of flight simulators or flight training devices. If the 
instrument training was provided by an authorized instructor in a flight 
simulator or flight training device--
    (1) A maximum of 30 hours may be performed in that flight simulator 
or flight training device if the training was accomplished in accordance 
with part 142 of this chapter; or
    (2) A maximum of 20 hours may be performed in that flight simulator 
or flight training device if the training was not accomplished in 
accordance with part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec. 61.67  Category II pilot authorization requirements.

    (a) General. A person who applies for a Category II pilot 
authorization must hold:
    (1) At least a private or commercial pilot certificate with an 
instrument rating or an airline transport pilot certificate;
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating; and
    (3) A category and class rating for the aircraft for which the 
authorization is sought.
    (b) Experience requirements. An applicant for a Category II pilot 
authorization must have at least--
    (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 
a flight simulator or flight training device; 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.
    (c) Practical test requirements. (1) A practical test must be passed 
by a person who applies for--
    (i) Issuance or renewal of a Category II pilot authorization; and
    (ii) The addition of another type aircraft to the applicant's 
Category II pilot authorization.
    (2) To be eligible for the practical test for an authorization under 
this section, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this section; 
and
    (ii) If the applicant has not passed a practical test for this 
authorization during the 12 calendar months preceding the month of the 
test, then that person must--
    (A) Meet the requirements of Sec. 61.57(c); and
    (B) Have performed at least six ILS approaches during the 6 calendar 
months preceding the month of the test, of which at least three of the 
approaches must have been conducted without the use of an approach 
coupler.
    (3) The approaches specified in paragraph (c)(2)(ii)(B) of this 
section--
    (i) Must be conducted under actual or simulated instrument flight 
conditions;
    (ii) Must be conducted to the decision height for the ILS approach 
in the type aircraft in which the practical test is to be conducted;

[[Page 48]]

    (iii) Need not be conducted to the decision height authorized for 
Category II operations;
    (iv) Must be conducted to the decision height authorized for 
Category II operations only if conducted in a flight simulator or flight 
training device; and
    (v) 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 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.
    (4) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(ii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(ii)(A) of this section.
    (d) Practical test procedures. The practical test consists of an 
oral increment and a flight increment.
    (1) Oral increment. In the oral increment of the practical test an 
applicant must demonstrate knowledge of the following:
    (i) Required landing distance;
    (ii) Recognition of the decision height;
    (iii) Missed approach procedures and techniques using computed or 
fixed attitude guidance displays;
    (iv) Use and limitations of RVR;
    (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 windshear;
    (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 (if equipped), and other required Category II equipment;
    (x) Assigned duties of the second in command during Category II 
approaches, unless the aircraft for which authorization is sought does 
not require a second in command; and
    (xi) Instrument and equipment failure warning systems.
    (2) Flight increment. The following requirements apply to the flight 
increment of the practical test:
    (i) The flight increment must be conducted in an aircraft of the 
same category, 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) The flight increment must consist of at least two ILS 
approaches to 100 feet AGL including at least one landing and one missed 
approach.
    (iii) All approaches performed during the flight increment must be 
made with the use of an approved flight control guidance system, except 
if an approved auto 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 for the 
practical test, the flight increment must include the performance of one 
missed approach 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 multiengine flight simulator or multiengine flight training 
device is used for the practical test, the applicant must execute a 
missed approach with the most critical engine, if applicable, failed.
    (vi) For an authorization for an aircraft that requires 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.

[[Page 49]]

    (vii) Oral questioning may be conducted at any time during a 
practical test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec. 61.68  Category III pilot authorization requirements.

    (a) General. A person who applies for a Category III pilot 
authorization must hold:
    (1) At least a private pilot certificate or commercial pilot 
certificate with an instrument rating or an airline transport pilot 
certificate;
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating; and
    (3) A category and class rating for the aircraft for which the 
authorization is sought.
    (b) Experience requirements. An applicant for a Category III pilot 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command.
    (2) 75 hours of instrument flight time during actual or simulated 
instrument conditions that may include not more than--
    (i) A combination of 25 hours of simulated instrument flight time in 
a flight simulator or flight training device; 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.
    (c) Practical test requirements. (1) A practical test must be passed 
by a person who applies for--
    (i) Issuance or renewal of a Category III pilot authorization; and
    (ii) The addition of another type of aircraft to the applicant's 
Category III pilot authorization.
    (2) To be eligible for the practical test for an authorization under 
this section, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this section; 
and
    (ii) If the applicant has not passed a practical test for this 
authorization during the 12 calendar months preceding the month of the 
test, then that person must--
    (A) Meet the requirements of Sec. 61.57(c); and
    (B) Have performed at least six ILS approaches during the 6 calendar 
months preceding the month of the test, of which at least three of the 
approaches must have been conducted without the use of an approach 
coupler.
    (3) The approaches specified in paragraph (c)(2)(ii)(B) of this 
section--
    (i) Must be conducted under actual or simulated instrument flight 
conditions;
    (ii) Must be conducted to the alert height or decision height for 
the ILS approach in the type aircraft in which the practical test is to 
be conducted;
    (iii) Need not be conducted to the decision height authorized for 
Category III operations;
    (iv) Must be conducted to the alert height or decision height, as 
applicable, authorized for Category III operations only if conducted in 
a flight simulator or flight training device; and
    (v) 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 or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft for 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.
    (4) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(ii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(ii)(A) of this section.
    (d) Practical test procedures. The practical test consists of an 
oral increment and a flight increment.
    (1) Oral increment. In the oral increment of the practical test an 
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

[[Page 50]]

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) Use and limitations of RVR, including determination of 
controlling RVR and required transmissometers;
    (vi) 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;
    (C) The expected sequence of visual cues during an approach in which 
visibility is at or above landing minima; and
    (D) Procedures and techniques for making a transition from 
instrument reference flight to visual flight during a final approach 
under reduced RVR.
    (vii) Effects of vertical and horizontal windshear;
    (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 (if equipped), and other Category III equipment;
    (x) 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;
    (xi) Recognition of the limits of acceptable aircraft position and 
flight path tracking during approach, flare, and, if applicable, 
rollout; and
    (xii) 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 for 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) The flight increment must consist of 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;
    (iii) All approaches performed during the flight increment must be 
made with the approved automatic landing system or an equivalent landing 
system approved by the Administrator;
    (iv) If a multiengine aircraft with the performance capability to 
execute a missed approach with one engine inoperative is used for the 
practical test, the flight increment must include the performance of one 
missed approach with the most critical engine, if applicable, set at 
idle or zero thrust before reaching the middle or outer marker;
    (v) If a multiengine flight simulator or multiengine flight training 
device is used, a missed approach must be executed with an engine, which 
shall be the most critical engine, if applicable, failed;
    (vi) For an authorization for an aircraft that requires 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;
    (vii) Oral questioning may be conducted at any time during the 
practical test;
    (viii) Subject to the limitations of this paragraph, 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 must be executed. The 
maneuver required by this paragraph shall be initiated by a fail-passive 
disconnect of the rollout control system--
    (A) After main gear touchdown;

[[Page 51]]

    (B) Prior to nose gear touchdown;
    (C) In conditions representative of the most adverse lateral 
touchdown displacement allowing a safe landing on the runway; and
    (D) In weather conditions anticipated in Category IIIb operations.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec. 61.69  Glider and unpowered ultralight vehicle towing: Experience 
and training requirements.

    (a) No person may act as pilot in command for towing a glider or 
unpowered ultralight vehicle unless that person--
    (1) Holds at least a private pilot certificate with a category 
rating for powered aircraft;
    (2) Has logged at least 100 hours of pilot-in-command time in the 
aircraft category, class and type, if required, that the pilot is using 
to tow a glider or unpowered ultralight vehicle;
    (3) Has a logbook endorsement from an authorized instructor who 
certifies that the person has received ground and flight training in 
gliders or unpowered ultralight vehicles and is proficient in--
    (i) The techniques and procedures essential to the safe towing of 
gliders or unpowered ultralight vehicles, including airspeed 
limitations;
    (ii) Emergency procedures;
    (iii) Signals used; and
    (iv) Maximum angles of bank.
    (4) Except as provided in paragraph (b) of this section, has logged 
at least three flights as the sole manipulator of the controls of an 
aircraft towing a glider or unpowered ultralight vehicle simulating 
towing flight procedures while accompanied by a pilot who meets the 
requirements of paragraphs (c) and (d) of this section;
    (5) Except as provided in paragraph (b) of this section, has 
received a logbook endorsement from the pilot, described in paragraph 
(a)(4) of this section, certifying that the person has accomplished at 
least 3 flights in an aircraft while towing a glider or unpowered 
ultralight vehicle, or while simulating towing flight procedures; and
    (6) Within the preceding 12 months has--
    (i) Made at least three actual or simulated tows of a glider or 
unpowered ultralight vehicle while accompanied by a qualified pilot who 
meets the requirements of this section; or
    (ii) Made at least three flights as pilot in command of a glider or 
unpowered ultralight vehicle towed by an aircraft.
    (b) Any person who, before May 17, 1967, has made and logged 10 or 
more flights as pilot in command of an aircraft towing a glider or 
unpowered ultralight vehicle in accordance with a certificate of waiver 
need not comply with paragraphs (a)(4) and (a)(5) of this section.
    (c) The pilot, described in paragraph (a)(4) of this section, who 
endorses the logbook of a person seeking towing privileges must have--
    (1) Met the requirements of this section prior to endorsing the 
logbook of the person seeking towing privileges; and
    (2) Logged at least 10 flights as pilot in command of an aircraft 
while towing a glider or unpowered ultralight vehicle.
    (d) If the pilot described in paragraph (a)(4) of this section holds 
only a private pilot certificate, then that pilot must have--
    (1) Logged at least 100 hours of pilot-in-command time in airplanes, 
or 200 hours of pilot-in-command time in a combination of powered and 
other-than-powered aircraft; and
    (2) Performed and logged at least three flights within the 12 
calendar months preceding the month that pilot accompanies or endorses 
the logbook of a person seeking towing privileges--
    (i) In an aircraft while towing a glider or unpowered ultralight 
vehicle accompanied by another pilot who meets the requirements of this 
section; or
    (ii) As pilot in command of a glider or unpowered ultralight vehicle 
being towed by another aircraft.

[Doc. No. FAA-2001-11133, 69 FR 44866, July 27, 2004]



Sec. 61.71  Graduates of an approved training program other than under 
this part: Special rules.

    (a) A person who graduates from an approved training program under 
part

[[Page 52]]

141 or part 142 of this chapter is considered to have met the applicable 
aeronautical experience, aeronautical knowledge, and areas of operation 
requirements of this part if that person presents the graduation 
certificate and passes the required practical test within the 60-day 
period after the date of graduation.
    (b) A person may apply for an airline transport pilot certificate, 
type rating, or both under this part, and will be considered to have met 
the applicable requirements under Sec. 61.157 of this part for that 
certificate and rating, if that person has:
    (1) Satisfactorily accomplished an approved training program and the 
pilot-in-command proficiency check for that airplane type, in accordance 
with the pilot-in-command requirements under subparts N and O of part 
121 of this chapter; and
    (2) Applied for the airline transport pilot certificate, type 
rating, or both within the 60-day period from the date the person 
satisfactorily accomplished the approved training program and pilot-in-
command proficiency check for that airplane type.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, 
July 30, 1997]



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

    (a) General. Except for a rated military pilot or former rated 
military pilot who has been removed from flying status for lack of 
proficiency, or because of disciplinary action involving aircraft 
operations, a rated military pilot or former rated military pilot who 
meets the applicable requirements of this section may apply, on the 
basis of his or her military training, for:
    (1) A commercial pilot certificate;
    (2) An aircraft rating in the category and class of aircraft for 
which that military pilot is qualified;
    (3) An instrument rating with the appropriate aircraft rating for 
which that military pilot is qualified; or
    (4) A type rating, if appropriate.
    (b) Military pilots on active flying status within the past 12 
months. A rated military pilot or former rated military pilot who has 
been on active flying status within the 12 months before applying must:
    (1) Pass a knowledge test on the appropriate parts of this chapter 
that apply to pilot privileges and limitations, air traffic and general 
operating rules, and accident reporting rules;
    (2) Present documentation showing compliance with the requirements 
of paragraph (d) of this section for at least one aircraft category 
rating; and
    (3) Present documentation showing that the applicant is or was, at 
any time during the 12 calendar months before the month of application--
    (i) A rated military pilot on active flying status in an armed force 
of the United States; or
    (ii) 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 and holds, at the time of application, a 
current civil pilot license issued by that contracting State authorizing 
at least the privileges of the pilot certificate sought.
    (c) Military pilots not on active flying status during the 12 
calendar months before the month of application. A rated military pilot 
or former rated military pilot who has not been on active flying status 
within the 12 calendar months before the month of application must:
    (1) Pass the appropriate knowledge and practical tests prescribed in 
this part for the certificate or rating sought; and
    (2) Present documentation showing that the applicant was, before the 
beginning of the 12th calendar month before the month of application, a 
rated military pilot as prescribed by paragraph (b)(3)(i) or paragraph 
(b)(3)(ii) of this section.
    (d) Aircraft category, class, and type ratings. A rated military 
pilot or former rated military pilot who applies for an aircraft 
category, class, or type rating, if applicable, is issued that rating at 
the commercial pilot certificate level if the pilot presents documentary 
evidence that shows satisfactory accomplishment of:
    (1) An official U.S. military pilot check and instrument proficiency 
check in that aircraft category, class,

[[Page 53]]

or type, if applicable, as pilot in command during the 12 calendar 
months before the month of application;
    (2) At least 10 hours of pilot-in-command time in that aircraft 
category, class, or type, if applicable, during the 12 calendar months 
before the month of application; or
    (3) An FAA practical test in that aircraft after--
    (i) Meeting the requirements of paragraphs (b)(1) and (b)(2) of this 
section; and
    (ii) Having received an endorsement from an authorized instructor 
who certifies that the pilot is proficient to take the required 
practical test, and that endorsement is made within the 60-day period 
preceding the date of the practical test.
    (e) Instrument rating. A rated military pilot or former rated 
military pilot who applies for an airplane instrument rating, a 
helicopter instrument rating, or a powered-lift instrument rating to be 
added to his or her commercial pilot certificate may apply for an 
instrument rating if the pilot has, within the 12 calendar months 
preceding the month of application:
    (1) Passed an instrument proficiency check by a U.S. Armed Force in 
the aircraft category for the instrument rating sought; and
    (2) Received authorization from a U.S. Armed Force to conduct IFR 
flights on Federal airways in that aircraft category and class for the 
instrument rating sought.
    (f) Aircraft type rating. An aircraft type rating is issued only for 
aircraft types that the Administrator has certificated for civil 
operations.
    (g) Aircraft type rating placed on an airline transport pilot 
certificate. A rated military pilot or former rated military pilot who 
holds an airline transport pilot certificate and who requests an 
aircraft type rating to be placed on that person's airline transport 
pilot certificate may be issued that aircraft type rating at the airline 
transport pilot certificate level, provided that person:
    (1) Holds a category and class rating for that type of aircraft at 
the airline transport pilot certificate level; and
    (2) Passed an official U.S. military pilot check and instrument 
proficiency check in that type of aircraft as pilot in command during 
the 12 calendar months before the month of application.
    (h) Evidentiary documents. The following documents are satisfactory 
evidence for the purposes indicated:
    (1) An official identification card issued to the pilot by an armed 
force may be used to demonstrate membership in the armed forces.
    (2) An original or a copy of a certificate of discharge or release 
may be used to demonstrate discharge or release from an armed force or 
former membership in an armed force.
    (3) Current or previous status as a rated military pilot with a U.S. 
Armed Force may be demonstrated by--
    (i) An official U.S. Armed Force order to flight status as a 
military pilot;
    (ii) An official U.S. Armed Force form or logbook showing military 
pilot status; or
    (iii) An official order showing that the rated military pilot 
graduated from a U.S. military pilot school and received a rating as a 
military pilot.
    (4) A certified U.S. Armed Force logbook or an appropriate official 
U.S. Armed Force form or summary may be used to demonstrate flight time 
in military aircraft as a member of a U.S. Armed Force.
    (5) An official U.S. Armed Force record of a military checkout as 
pilot in command may be used to demonstrate pilot in command status.
    (6) A current instrument grade slip that is issued by a U.S. Armed 
Force, or an official record of satisfactory accomplishment of an 
instrument proficiency check during the 12 calendar months preceding the 
month of the application may be used to demonstrate instrument pilot 
qualification.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, 
July 30, 1997]



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

    (a) General. A person who holds a current foreign pilot license 
issued by a contracting State to the Convention on International Civil 
Aviation may apply for and be issued a private pilot certificate with 
the appropriate ratings when the application is based on the foreign

[[Page 54]]

pilot license that meets the requirements of this section.
    (b) Certificate issued. A U.S. private pilot certificate that is 
issued under this section shall specify the person's foreign license 
number and country of issuance. A person who holds a current foreign 
pilot license issued by a contracting State to the Convention on 
International Civil Aviation may be issued a private pilot certificate 
based on the foreign pilot license without any further showing of 
proficiency, provided the applicant:
    (1) Meets the requirements of this section;
    (2) Holds a foreign pilot license that--
    (i) Is not under an order of revocation or suspension by the foreign 
country that issued the foreign pilot license; and
    (ii) Does not contain an endorsement stating that the applicant has 
not met all of the standards of ICAO for that license;
    (3) Does not currently hold a U.S. pilot certificate;
    (4) Holds a current medical certificate issued under part 67 of this 
chapter or a current medical certificate issued by the country that 
issued the person's foreign pilot license; and
    (5) Is able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (c) Aircraft ratings issued. Aircraft ratings listed on a person's 
foreign pilot license, in addition to any issued after testing under the 
provisions of this part, may be placed on that person's U.S. pilot 
certificate.
    (d) Instrument ratings issued. A person who holds an instrument 
rating on the foreign pilot license issued by a contracting State to the 
Convention on International Civil Aviation may be issued an instrument 
rating on a U.S. private pilot certificate provided:
    (1) The person's foreign pilot license authorizes instrument 
privileges;
    (2) Within 24 months preceding the month in which the person applies 
for the instrument rating, the person passes the appropriate knowledge 
test; and
    (3) The person is able to read, speak, write, and understand the 
English language. If the applicant is unable to meet one of these 
requirements due to medical reasons, then the Administrator may place 
such operating limitations on that applicant's pilot certificate as are 
necessary for the safe operation of the aircraft.
    (e) Operating privileges and limitations. A person who receives a 
U.S. private pilot certificate that has been issued under the provisions 
of this section:
    (1) May act as a pilot of a civil aircraft of U.S. registry in 
accordance with the private pilot privileges authorized by this part;
    (2) Is limited to the privileges placed on the certificate by the 
Administrator;
    (3) Is subject to the limitations and restrictions on the person's 
U.S. certificate and foreign pilot license when exercising the 
privileges of that U.S. pilot certificate in an aircraft of U.S. 
registry operating within or outside the United States; and
    (4) Shall not exercise the privileges of that U.S. private pilot 
certificate when the person's foreign pilot license has been revoked or 
suspended.
    (f) Limitation on licenses used as the basis for a U.S. certificate. 
Only one foreign pilot license may be used as a basis for issuing a U.S. 
private pilot certificate. The foreign pilot license and medical 
certification used as a basis for issuing a U.S. private pilot 
certificate under this section must be in the English language or 
accompanied by an English language transcription that has been signed by 
an official or representative of the foreign aviation authority that 
issued the foreign pilot license.
    (g) Limitation placed on a U.S. private pilot certificate. A U.S. 
private pilot certificate issued under this section is valid only when 
the holder has the foreign pilot license upon which the issuance of the 
U.S. private pilot certificate was based in the holder's personal 
possession or readily accessible in the aircraft.

[[Page 55]]



Sec. 61.77  Special purpose pilot authorization: Operation of 

U.S.-registered civil aircraft leased by a person who is not 
a U.S. citizen.

    (a) General. The holder of a foreign pilot license issued by a 
contracting State to the Convention on International Civil Aviation who 
meets the requirements of this section may be issued a special purpose 
pilot authorization by the Administrator for the purpose of performing 
pilot duties--
    (1) On a civil aircraft of U.S. registry that is leased to a person 
who is not a citizen of the United States, and
    (2) For carrying persons or property for compensation or hire on 
that aircraft.
    (b) Eligibility. To be eligible for the issuance or renewal of a 
special purpose pilot authorization, an applicant must present the 
following to an FAA Flight Standards District Office:
    (1) A current foreign pilot license that has been issued by the 
aeronautical authority of a contracting State to the Convention on 
International Civil Aviation from which the person holds citizenship or 
resident status and that contains the appropriate aircraft category, 
class, instrument rating, and type rating, if appropriate, for the 
aircraft to be flown;
    (2) A current certification by the lessee of the aircraft--
    (i) Stating that the applicant is employed by the lessee;
    (ii) Specifying the aircraft type on which the applicant will 
perform pilot duties; and
    (iii) Stating that the applicant has received ground and flight 
instruction that qualifies the applicant to perform the duties to be 
assigned on the aircraft.
    (3) Documentation showing when the applicant will reach the age of 
60 years (an official copy of the applicant's birth certificate or other 
official documentation);
    (4) Documentation that the applicant meets the medical standards for 
the issuance of the foreign pilot license from the aeronautical 
authority of the contracting State to the Convention on International 
Civil Aviation where the applicant holds citizenship or resident status;
    (5) Documentation that the applicant meets the recent flight 
experience requirements of this part (a logbook or flight record); and
    (6) A statement that the applicant does not already hold a special 
purpose pilot authorization; however, if the applicant already holds a 
special purpose pilot authorization, then that special purpose pilot 
authorization must be surrendered to either the FAA Flight Standards 
District Office that issued it, or the FAA Flight Standards District 
Office processing the application for the authorization, prior to being 
issued another special purpose pilot authorization.
    (c) Privileges. A person issued a special purpose pilot 
authorization under this section--
    (1) May exercise the privileges prescribed on the special purpose 
pilot authorization; and
    (2) Must comply with the limitations specified in this section and 
any additional limitations specified on the special purpose pilot 
authorization.
    (d) General limitations. A special purpose pilot authorization is 
valid only--
    (1) For flights between foreign countries or for flights in foreign 
air commerce within the time period allotted on the authorization;
    (2) If the foreign pilot license required by paragraph (b)(1) of 
this section, the medical documentation required by paragraph (b)(4) of 
this section, and the special purpose pilot authorization issued under 
this section are in the holder's physical possession or immediately 
accessible in the aircraft;
    (3) While the holder is employed by the person to whom the aircraft 
described in the certification required by paragraph (b)(2) of this 
section is leased;
    (4) While the holder is performing pilot duties on the U.S.-
registered aircraft described in the certification required by paragraph 
(b)(2) of this section; and
    (5) If the holder has only one special purpose pilot authorization 
as provided in paragraph (b)(6) of this section.
    (e) Age limitation. Except as provided in paragraph (g) of this 
section, no person who holds a special purpose pilot authorization 
issued under this part,

[[Page 56]]

and no person who holds a special purpose pilot certificate issued under 
this part before August 4, 1997, shall serve as a pilot on a civil 
airplane of U.S. registry if the person has reached his or her 60th 
birthday, in the following operations:
    (1) Scheduled international air services carrying passengers in 
turbojet-powered airplanes;
    (2) Scheduled international air services carrying passengers in 
airplanes having a passenger-seat configuration of more than nine 
passenger seats, excluding each crewmember seat;
    (3) Nonscheduled international air transportation for compensation 
or hire in airplanes having a passenger-seat configuration of more than 
30 passenger seats, excluding each crewmember seat; or
    (4) Scheduled international air services, or nonscheduled 
international air transportation for compensation or hire, in airplanes 
having a payload capacity of more than 7,500 pounds.
    (f) Definitions. (1) International air service, as used in paragraph 
(e) of this section, means scheduled air service performed in airplanes 
for the public transport of passengers, mail, or cargo, in which the 
service passes through the air space over the territory of more than one 
country.
    (2) International air transportation, as used in paragraph (e) of 
this section, means air transportation performed in airplanes for the 
public transport of passengers, mail, or cargo, in which service passes 
through the air space over the territory of more than one country.
    (g) Delayed pilot age limitations for certain operations. Until 
December 20, 1999, a person may serve as a pilot in the operations 
specified in paragraph (e) of this section after that person has reached 
his or her 60th birthday, if, on March 20, 1997, that person was 
employed as a pilot in any of the following operations:
    (1) Scheduled international air services carrying passengers in 
nontransport category turbopropeller-powered airplanes type certificated 
after December 31, 1964, that have a passenger-seat configuration of 10 
to 19 seats;
    (2) Scheduled international air services carrying passengers in 
transport category turbopropeller-powered airplanes that have a 
passenger-seat configuration of 20 to 30 seats; or
    (3) Scheduled international air services carrying passengers in 
turbojet-powered airplanes having a passenger-seat configuration of 1 to 
30 seats.
    (h) Expiration date. Each special purpose pilot authorization issued 
under this section expires--
    (1) 60 calendar months from the month it was issued, unless sooner 
suspended or revoked;
    (2) When the lease agreement for the aircraft expires or the lessee 
terminates the employment of the person who holds the special purpose 
pilot authorization;
    (3) Whenever the person's foreign pilot license has been suspended, 
revoked, or is no longer valid; or
    (4) When the person no longer meets the medical standards for the 
issuance of the foreign pilot license.
    (i) Renewal. A person exercising the privileges of a special purpose 
pilot authorization may apply for a 60-calendar-month extension of that 
authorization, provided the person--
    (1) Continues to meet the requirements of this section; and
    (2) Surrenders the expired special purpose pilot authorization upon 
receipt of the new authorization.
    (j) Surrender. The holder of a special purpose pilot authorization 
must surrender the authorization to the Administrator within 7 days 
after the date the authorization terminates.

[Doc. No. 25910, 62 FR 40901, July 30, 1997]



                        Subpart C_Student Pilots



Sec. 61.81  Applicability.

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



Sec. 61.83  Eligibility requirements for student pilots.

    To be eligible for a student pilot certificate, an applicant must:

[[Page 57]]

    (a) Be at least 16 years of age for other than the operation of a 
glider or balloon.
    (b) Be at least 14 years of age for the operation of a glider or 
balloon.
    (c) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.



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 if applying for an FAA 
medical certificate under part 67 of this chapter;
    (b) An examiner; or
    (c) A Flight Standards District Office.



Sec. 61.87  Solo requirements for student pilots.

    (a) General. A student pilot may not operate an aircraft in solo 
flight unless that student has met 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 performs the duties of a pilot 
in command of a gas balloon or an airship requiring more than one pilot 
flight crewmember.
    (b) Aeronautical knowledge. A student pilot must demonstrate 
satisfactory aeronautical knowledge on a knowledge test that meets the 
requirements of this paragraph:
    (1) The test must address the student pilot's knowledge of--
    (i) Applicable sections of parts 61 and 91 of this chapter;
    (ii) Airspace rules and procedures for the airport where the solo 
flight will be performed; and
    (iii) Flight characteristics and operational limitations for the 
make and model of aircraft to be flown.
    (2) The student's authorized instructor must--
    (i) Administer the test; and
    (ii) At the conclusion of the test, review all incorrect answers 
with the student before authorizing that student to conduct a solo 
flight.
    (c) Pre-solo flight training. Prior to conducting a solo flight, a 
student pilot must have:
    (1) Received and logged flight training for the maneuvers and 
procedures of this section that are appropriate to the make and model of 
aircraft to be flown; and
    (2) Demonstrated satisfactory proficiency and safety, as judged by 
an authorized instructor, on the maneuvers and procedures required by 
this section in the make and model of aircraft or similar make and model 
of aircraft to be flown.
    (d) Maneuvers and procedures for pre-solo flight training in a 
single-engine airplane. A student pilot who is receiving training for a 
single-engine airplane rating or privileges must receive and log flight 
training for the following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents, with and without turns, using high and low drag 
configurations;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) 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;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing area with simulated engine 
malfunctions;
    (14) Slips to a landing; and
    (15) Go-arounds.

[[Page 58]]

    (e) Maneuvers and procedures for pre-solo flight training in a 
multiengine airplane. A student pilot who is receiving training for a 
multiengine airplane rating must receive and log flight training for the 
following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents, with and without turns, using high and low drag 
configurations;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) 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;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing area with simulated engine 
malfunctions; and
    (14) Go-arounds.
    (f) Maneuvers and procedures for pre-solo flight training in a 
helicopter. A student pilot who is receiving training for a helicopter 
rating must receive and log flight training for the following maneuvers 
and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Approaches to the landing area;
    (13) Hovering and hovering turns;
    (14) Go-arounds;
    (15) Simulated emergency procedures, including autorotational 
descents with a power recovery and power recovery to a hover;
    (16) Rapid decelerations; and
    (17) Simulated one-engine-inoperative approaches and landings for 
multiengine helicopters.
    (g) Maneuvers and procedures for pre-solo flight training in a 
gyroplane. A student pilot who is receiving training for a gyroplane 
rating or privileges must receive and log flight training for the 
following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Approaches to the landing area;
    (13) High rates of descent with power on and with simulated power 
off, and recovery from those flight configurations;
    (14) Go-arounds; and
    (15) Simulated emergency procedures, including simulated power-off 
landings and simulated power failure during departures.
    (h) Maneuvers and procedures for pre-solo flight training in a 
powered-lift. A student pilot who is receiving training

[[Page 59]]

for a powered-lift rating must receive and log flight training in the 
following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) 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;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing with simulated engine malfunctions;
    (14) Go-arounds;
    (15) Approaches to the landing area;
    (16) Hovering and hovering turns; and
    (17) For multiengine powered-lifts, simulated one-engine-inoperative 
approaches and landings.
    (i) Maneuvers and procedures for pre-solo flight training in a 
glider. A student pilot who is receiving training for a glider rating or 
privileges must receive and log flight training for the following 
maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning, preparation, aircraft systems, and, if appropriate, powerplant 
operations;
    (2) Taxiing or surface operations, including runups, if applicable;
    (3) Launches, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions, if 
applicable;
    (5) Airport traffic patterns, including entry procedures;
    (6) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (7) Descents with and without turns using high and low drag 
configurations;
    (8) Flight at various airspeeds;
    (9) Emergency procedures and equipment malfunctions;
    (10) Ground reference maneuvers, if applicable;
    (11) Inspection of towline rigging and review of signals and release 
procedures, if applicable;
    (12) Aerotow, ground tow, or self-launch procedures;
    (13) Procedures for disassembly and assembly of the glider;
    (14) Stall entry, stall, and stall recovery;
    (15) Straight glides, turns, and spirals;
    (16) Landings, including normal and crosswind;
    (17) Slips to a landing;
    (18) Procedures and techniques for thermalling; and
    (19) Emergency operations, including towline break procedures.
    (j) Maneuvers and procedures for pre-solo flight training in an 
airship. A student pilot who is receiving training for an airship rating 
or privileges must receive and log flight training for the following 
maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, 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, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Rigging, ballasting, and controlling pressure in the ballonets, 
and superheating; and
    (13) Landings with positive and with negative static trim.

[[Page 60]]

    (k) Maneuvers and procedures for pre-solo flight training in a 
balloon. A student pilot who is receiving training in a balloon must 
receive and log flight training for the following maneuvers and 
procedures:
    (1) Layout and assembly procedures;
    (2) Proper flight preparation procedures, including preflight 
planning and preparation, and aircraft systems;
    (3) Ascents and descents;
    (4) Landing and recovery procedures;
    (5) Emergency procedures and equipment malfunctions;
    (6) Operation of hot air or gas source, ballast, valves, vents, and 
rip panels, as appropriate;
    (7) Use of deflation valves or rip panels for simulating an 
emergency;
    (8) The effects of wind on climb and approach angles; and
    (9) Obstruction detection and avoidance techniques.
    (l) Maneuvers and procedures for pre-solo flight training in a 
powered parachute. A student pilot who is receiving training for a 
powered parachute rating or privileges must receive and log flight 
training for the following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, preflight assembly and rigging, aircraft 
systems, and powerplant operations.
    (2) Taxiing or surface operations, including run-ups.
    (3) Takeoffs and landings, including normal and crosswind.
    (4) Straight and level flight, and turns in both directions.
    (5) Climbs, and climbing turns in both directions.
    (6) Airport traffic patterns, including entry and departure 
procedures.
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance.
    (8) Descents, and descending turns in both directions.
    (9) Emergency procedures and equipment malfunctions.
    (10) Ground reference maneuvers.
    (11) Straight glides, and gliding turns in both directions.
    (12) Go-arounds.
    (13) Approaches to landing areas with a simulated engine 
malfunction.
    (14) Procedures for canopy packing and aircraft disassembly.
    (m) Maneuvers and procedures for pre-solo flight training in a 
weight-shift-control aircraft. A student pilot who is receiving training 
for a weight-shift-control aircraft rating or privileges must receive 
and log flight training for the following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, preflight assembly and rigging, aircraft 
systems, and powerplant operations.
    (2) Taxiing or surface operations, including run-ups.
    (3) Takeoffs and landings, including normal and crosswind.
    (4) Straight and level flight, and turns in both directions.
    (5) Climbs, and climbing turns in both directions.
    (6) Airport traffic patterns, including entry and departure 
procedures.
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance.
    (8) Descents, and descending turns in both directions.
    (9) Flight at various airspeeds from maximum cruise to slow flight.
    (10) Emergency procedures and equipment malfunctions.
    (11) Ground reference maneuvers.
    (12) Stall entry, stall, and stall recovery.
    (13) Straight glides, and gliding turns in both directions.
    (14) Go-arounds.
    (15) Approaches to landing areas with a simulated engine 
malfunction.
    (16) Procedures for disassembly.
    (n) Limitations on student pilots operating an aircraft in solo 
flight. A student pilot may not operate an aircraft in solo flight 
unless that student pilot has received:
    (1) An endorsement from an authorized instructor on his or her 
student pilot certificate for the specific make and model aircraft to be 
flown; and
    (2) An endorsement in the student's logbook for the specific make 
and model aircraft to be flown by an authorized instructor, who gave the 
training within the 90 days preceding the date of the flight.
    (o) Limitations on student pilots operating an aircraft in solo 
flight at night. A

[[Page 61]]

student pilot may not operate an aircraft in solo flight at night unless 
that student pilot has received:
    (1) Flight training at night on night flying procedures that 
includes takeoffs, approaches, landings, and go-arounds at night at the 
airport where the solo flight will be conducted;
    (2) Navigation training at night in the vicinity of the airport 
where the solo flight will be conducted; and
    (3) An endorsement in the student's logbook for the specific make 
and model aircraft to be flown for night solo flight by an authorized 
instructor who gave the training within the 90-day period preceding the 
date of the flight.
    (p) Limitations on flight instructors authorizing solo flight. (1) 
No instructor may authorize a student pilot to perform a solo flight 
unless that instructor has--
    (i) Given that student pilot training in the make and model of 
aircraft or a similar make and model of aircraft in which the solo 
flight is to be flown;
    (ii) Determined the student pilot is proficient in the maneuvers and 
procedures prescribed in this section;
    (iii) Determined the student pilot is proficient in the make and 
model of aircraft to be flown;
    (iv) Ensured that the student pilot's certificate has been endorsed 
by an instructor authorized to provide flight training for the specific 
make and model aircraft to be flown; and
    (v) Endorsed the student pilot's logbook for the specific make and 
model aircraft to be flown, and that endorsement remains current for 
solo flight privileges, provided an authorized instructor updates the 
student's logbook every 90 days thereafter.
    (2) The flight training required by this section must be given by an 
instructor authorized to provide flight training who is appropriately 
rated and current.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998; Amdt. 61-110, 
69 FR 44866, July 27, 2004]



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 an authorized 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 of the aircraft or regulations under which the 
flight is conducted, except when receiving flight training from an 
authorized instructor on board an airship, and no person other than a 
required flight crewmember is carried on the aircraft.
    (c) A student pilot seeking a sport pilot certificate must comply 
with the provisions of paragraphs (a) and (b) of this section and may 
not act as pilot in command--
    (1) Of an aircraft other than a light-sport aircraft;
    (2) At night;
    (3) At an altitude of more than 10,000 feet MSL; and
    (4) In Class B, C, and D airspace, at an airport located in Class B, 
C, or D airspace, and to, from, through, or on an airport having an 
operational control tower without having received the ground and flight 
training specified in Sec. 61.94 and an endorsement from an authorized 
instructor.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44867, July 27, 2004]



Sec. 61.91  [Reserved]



Sec. 61.93  Solo cross-country flight requirements.

    (a) General. (1) Except as provided in paragraph (b) of this 
section, a student pilot must meet the requirements of this section 
before--

[[Page 62]]

    (i) Conducting a solo cross-country flight, or any flight greater 
than 25 nautical miles from the airport from where the flight 
originated.
    (ii) Making a solo flight and landing at any location other than the 
airport of origination.
    (2) Except as provided in paragraph (b) of this section, a student 
pilot who seeks solo cross-country flight privileges must:
    (i) Have received flight training from an instructor authorized to 
provide flight training on the maneuvers and procedures of this section 
that are appropriate to the make and model of aircraft for which solo 
cross-country privileges are sought;
    (ii) Have demonstrated cross-country proficiency on the appropriate 
maneuvers and procedures of this section to an authorized instructor;
    (iii) Have satisfactorily accomplished the pre-solo flight maneuvers 
and procedures required by Sec. 61.87 of this part in the make and 
model of aircraft or similar make and model of aircraft for which solo 
cross-country privileges are sought; and
    (iv) Comply with any limitations included in the authorized 
instructor's endorsement that are required by paragraph (c) of this 
section.
    (3) A student pilot who seeks solo cross-country flight privileges 
must have received ground and flight training from an authorized 
instructor on the cross-country maneuvers and procedures listed in this 
section that are appropriate to the aircraft to be flown.
    (b) Authorization to perform certain solo flights and cross-country 
flights. A student pilot must obtain an endorsement from an authorized 
instructor to make solo flights from the airport where the student pilot 
normally receives training to another location. A student pilot who 
receives this endorsement must comply with the requirements of this 
paragraph.
    (1) Solo flights may be made to another airport that is within 25 
nautical miles from the airport where the student pilot normally 
receives training, provided--
    (i) An authorized instructor has given the student pilot flight 
training at the other airport, and that training includes flight in both 
directions over the route, entering and exiting the traffic pattern, and 
takeoffs and landings at the other airport;
    (ii) The authorized instructor who gave the training endorses the 
student pilot's logbook authorizing the flight;
    (iii) The student pilot has current solo flight endorsements in 
accordance with Sec. 61.87 of this part;
    (iv) The authorized instructor has determined that the student pilot 
is proficient to make the flight; and
    (v) The purpose of the flight is to practice takeoffs and landings 
at that other airport.
    (2) Repeated specific solo cross-country flights may be made to 
another airport that is within 50 nautical miles of the airport from 
which the flight originated, provided--
    (i) The authorized instructor has given the student flight training 
in both directions over the route, including entering and exiting the 
traffic patterns, takeoffs, and landings at the airports to be used;
    (ii) The authorized instructor who gave the training has endorsed 
the student's logbook certifying that the student is proficient to make 
such flights;
    (iii) The student has current solo flight endorsements in accordance 
with Sec. 61.87 of this part; and
    (iv) The student has current solo cross-country flight endorsements 
in accordance with paragraph (c) of this section; however, for repeated 
solo cross-country flights to another airport within 50 nautical miles 
from which the flight originated, separate endorsements are not required 
to be made for each flight.
    (c) Endorsements for solo cross-country flights. Except as specified 
in paragraph (b)(2) of this section, a student pilot must have the 
endorsements prescribed in this paragraph for each cross-country flight:
    (1) Student pilot certificate endorsement. A student pilot must have 
a solo cross-country endorsement from the authorized instructor who 
conducted the training, and that endorsement must be placed on that 
person's student pilot certificate for the specific category of aircraft 
to be flown.
    (2) Logbook endorsement. (i) A student pilot must have a solo cross-
country

[[Page 63]]

endorsement from an authorized instructor that is placed in the student 
pilot's logbook for the specific make and model of aircraft to be flown.
    (ii) For each cross-country flight, the authorized instructor who 
reviews the cross-country planning must make an endorsement in the 
person's logbook after reviewing that person's cross-country planning, 
as specified in paragraph (d) of this section. The endorsement must--
    (A) Specify the make and model of aircraft to be flown;
    (B) State that the student's preflight planning and preparation is 
correct and that the student is prepared to make the flight safely under 
the known conditions; and
    (C) State that any limitations required by the student's authorized 
instructor are met.
    (d) Limitations on authorized instructors to permit solo cross-
country flights. An authorized instructor may not permit a student pilot 
to conduct a solo cross-country flight unless that instructor has:
    (1) Determined that the student's cross-country planning is correct 
for the flight;
    (2) Reviewed the current and forecast weather conditions and has 
determined that the flight can be completed under VFR;
    (3) Determined that the student is proficient to conduct the flight 
safely;
    (4) Determined that the student has the appropriate solo cross-
country endorsement for the make and model of aircraft to be flown; and
    (5) Determined that the student's solo flight endorsement is current 
for the make and model aircraft to be flown.
    (e) Maneuvers and procedures for cross-country flight training in a 
single-engine airplane. A student pilot who is receiving training for 
cross-country flight in a single-engine airplane must receive and log 
flight training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
    (11) Climbs at best angle and best rate; and
    (12) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (f) Maneuvers and procedures for cross-country flight training in a 
multiengine airplane. A student pilot who is receiving training for 
cross-country flight in a multiengine airplane must receive and log 
flight training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival,

[[Page 64]]

entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
    (11) Climbs at best angle and best rate; and
    (12) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (g) Maneuvers and procedures for cross-country flight training in a 
helicopter. A student pilot who is receiving training for cross-country 
flight in a helicopter must receive and log flight training for the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications; and
    (10) Takeoff, approach, and landing procedures.
    (h) Maneuvers and procedures for cross-country flight training in a 
gyroplane. A student pilot who is receiving training for cross-country 
flight in a gyroplane must receive and log flight training in the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications; and
    (10) Takeoff, approach, and landing procedures, including short-
field and soft-field takeoffs, approaches, and landings.
    (i) Maneuvers and procedures for cross-country flight training in a 
powered-lift. A student pilot who is receiving training for cross-
country flight training in a powered-lift must receive and log

[[Page 65]]

flight training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures that include high-
altitude, steep, and shallow takeoffs, approaches, and landings; and
    (11) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (j) Maneuvers and procedures for cross-country flight training in a 
glider. A student pilot who is receiving training for cross-country 
flight in a glider must receive and log flight training in the following 
maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Landings accomplished without the use of the altimeter from at 
least 2,000 feet above the surface; and
    (10) Recognition of weather and upper air conditions favorable for 
cross-country soaring, ascending and descending flight, and altitude 
control.
    (k) Maneuvers and procedures for cross-country flight training in an 
airship. A student pilot who is receiving training for cross-country 
flight in an airship must receive and log flight training for the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area

[[Page 66]]

where the cross-country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Control of air pressure with regard to ascending and descending 
flight and altitude control;
    (11) Control of the airship solely by reference to flight 
instruments; and
    (12) Recognition of weather and upper air conditions conducive for 
the direction of cross-country flight.
    (l) Maneuvers and procedures for cross-country flight training in a 
powered parachute. A student pilot who is receiving training for cross-
country flight in a powered parachute must receive and log flight 
training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass, as appropriate.
    (2) Use of aircraft performance charts pertaining to cross-country 
flight.
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognizing critical weather situations and 
estimating visibility while in flight.
    (4) Emergency procedures.
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach.
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance.
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown.
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications.
    (9) If equipped for flight with navigation radios, the use of radios 
for VFR navigation.
    (10) Recognition of weather and upper air conditions favorable for 
the cross-country flight.
    (11) Takeoff, approach and landing procedures.
    (m) Maneuvers and procedures for cross-country flight training in a 
weight-shift-control aircraft. A student pilot who is receiving training 
for cross-country flight in a weight-shift-control aircraft must receive 
and log flight training for the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass, as appropriate.
    (2) Use of aircraft performance charts pertaining to cross-country 
flight.
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognizing critical weather situations and 
estimating visibility while in flight.
    (4) Emergency procedures.
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach.
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance.
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown.
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications.
    (9) If equipped for flight using navigation radios, the use of 
radios for VFR navigation.
    (10) Recognition of weather and upper air conditions favorable for 
the cross-country flight.
    (11) Takeoff, approach and landing procedures, including crosswind 
approaches and landings.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997; Amdt. 61-110, 69 FR 44867, July 27, 2004]

[[Page 67]]



Sec. 61.94  Student pilot seeking a sport pilot certificate or a 

recreational pilot certificate: Operations at airports within, and 
in airspace located within, 
          Class B, C, and D airspace, or at airports with an operational 
          control tower in other airspace.

    (a) A student pilot seeking a sport pilot certificate or a 
recreational pilot certificate who wants to obtain privileges to operate 
in Class B, C, and D airspace, at an airport located in Class B, C, or D 
airspace, and to, from, through, or at an airport having an operational 
control tower, must receive and log ground and flight training from an 
authorized instructor in the following aeronautical knowledge areas and 
areas of operation:
    (1) The use of radios, communications, navigation systems and 
facilities, and radar services.
    (2) Operations at airports with an operating control tower, to 
include three takeoffs and landings to a full stop, with each landing 
involving a flight in the traffic pattern, at an airport with an 
operating control tower.
    (3) Applicable flight rules of part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances.
    (4) Ground and flight training for the specific Class B, C, or D 
airspace for which the solo flight is authorized, if applicable, within 
the 90-day period preceding the date of the flight in that airspace. The 
flight training must be received in the specific airspace area for which 
solo flight is authorized.
    (5) Ground and flight training for the specific airport located in 
Class B, C, or D airspace for which the solo flight is authorized, if 
applicable, within the 90-day period preceding the date of the flight at 
that airport. The flight and ground training must be received at the 
specific airport for which solo flight is authorized.
    (b) The authorized instructor who provides the training specified in 
paragraph (a) of this section must provide a logbook endorsement that 
certifies the student has received that training and is proficient to 
conduct solo flight in that specific airspace or at that specific 
airport and in those aeronautical knowledge areas and areas of operation 
specified in this section.

[Doc. No. FAA-2001-11133, 69 FR 44867, July 27, 2004]



Sec. 61.95  Operations in Class B airspace and at airports located 
within Class B airspace.

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

[[Page 68]]

    (c) This section does not apply to a student pilot seeking a sport 
pilot certificate or a recreational pilot certificate.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997; Amdt. 61-110, 69 FR 44868, July 27, 2004]



                      Subpart D_Recreational Pilots



Sec. 61.96  Applicability and eligibility requirements: General.

    (a) This subpart prescribes the requirement for the issuance of 
recreational pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the general operating 
rules for persons who hold those certificates and ratings.
    (b) To be eligible for a recreational pilot certificate, a person 
who applies for that certificate must:
    (1) Be at least 17 years of age;
    (2) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (3) Receive a logbook endorsement from an authorized instructor 
who--
    (i) Conducted the training or reviewed the applicant's home study on 
the aeronautical knowledge areas listed in Sec. 61.97(b) of this part 
that apply to the aircraft category and class rating sought; and
    (ii) Certified that the applicant is prepared for the required 
knowledge test.
    (4) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec. 61.97(b) of this part;
    (5) Receive flight training and a logbook endorsement from an 
authorized instructor who--
    (i) Conducted the training on the areas of operation listed in Sec. 
61.98(b) of this part that apply to the aircraft category and class 
rating sought; and
    (ii) Certified that the applicant is prepared for the required 
practical test.
    (6) Meet the aeronautical experience requirements of Sec. 61.99 of 
this part that apply to the aircraft category and class rating sought 
before applying for the practical test;
    (7) Pass the required practical test on the areas of operation 
listed in Sec. 61.98(b) of this part that apply to the aircraft 
category and class rating sought; and
    (8) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec. 61.97  Aeronautical knowledge.

    (a) General. A person who applies for a recreational pilot 
certificate must receive and log ground training from an authorized 
instructor or complete a home-study course on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the aircraft 
category and class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to recreational pilot 
privileges, limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Use of the applicable portions of the ``Aeronautical Information 
Manual'' and FAA advisory circulars;
    (4) Use of aeronautical charts for VFR navigation using pilotage 
with the aid of a magnetic compass;
    (5) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (6) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (7) Effects of density altitude on takeoff and climb performance;
    (8) Weight and balance computations;
    (9) Principles of aerodynamics, powerplants, and aircraft systems;
    (10) Stall awareness, spin entry, spins, and spin recovery 
techniques, if applying for an airplane single-engine rating;
    (11) Aeronautical decision making and judgment; and
    (12) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended

[[Page 69]]

use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (ii) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec. 61.98  Flight proficiency.

    (a) General. A person who applies for a recreational pilot 
certificate must receive and log ground and flight training from an 
authorized instructor on the areas of operation of this section that 
apply to the aircraft category and class rating sought.
    (b) Areas of operation. (1) For a single-engine airplane rating: (i) 
Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (2) For a helicopter rating: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (3) For a gyroplane rating: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations; and
    (x) Postflight procedures.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec. 61.99  Aeronautical experience.

    A person who applies for a recreational pilot certificate must 
receive and log at least 30 hours of flight time that includes at 
least--
    (a) 15 hours of flight training from an authorized instructor on the 
areas of operation listed in Sec. 61.98 of this part that consists of 
at least:
    (1) Except as provided in Sec. 61.100 of this part, 2 hours of 
flight training en route to an airport that is located more than 25 
nautical miles from the airport where the applicant normally trains, 
which includes at least three takeoffs and three landings at the airport 
located more than 25 nautical miles from the airport where the applicant 
normally trains; and
    (2) 3 hours of flight training in the aircraft for the rating sought 
in preparation for the practical test within the 60 days preceding the 
date of the practical test.
    (b) 3 hours of solo flying in the aircraft for the rating sought, on 
the areas of operation listed in Sec. 61.98 of this part that apply to 
the aircraft category and class rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44868, July 27, 2004]



Sec. 61.100  Pilots based on small islands.

    (a) An applicant located on an island from which the flight training 
required in Sec. 61.99(a)(1) of this part cannot be accomplished 
without flying over water for more than 10 nautical miles from the 
nearest shoreline need not comply with the requirements of that section. 
However, if other airports that permit civil operations are available to 
which a flight may be made without flying over water for more than 10 
nautical miles from the nearest shoreline, the applicant must show 
completion of a dual flight between two airports, which must include 
three landings at the other airport.
    (b) An applicant who complies with paragraph (a) of this section and 
meets all requirements for the issuance of a recreational pilot 
certificate, except the requirements of Sec. 61.99(a)(1) of this part, 
will be issued a pilot certificate with an endorsement containing the

[[Page 70]]

following limitation, ``Passenger carrying prohibited on flights more 
than 10 nautical miles from (the appropriate island).'' The limitation 
may be subsequently amended to include another island if the applicant 
complies with the requirements of paragraph (a) of this section for 
another island.
    (c) Upon meeting the requirements of Sec. 61.99(a)(1) of this part, 
the applicant may have the limitation(s) in paragraph (b) of this 
section removed.



Sec. 61.101  Recreational pilot privileges and limitations.

    (a) A person who holds a recreational pilot certificate may:
    (1) Carry no more than one passenger; and
    (2) Not pay less than the pro rata share of the operating expenses 
of a flight with a passenger, provided the expenses involve only fuel, 
oil, airport expenses, or aircraft rental fees.
    (b) A person who holds a current and valid recreational pilot 
certificate may act as pilot in command of an aircraft on a flight 
within 50 nautical miles from the departure airport, provided that 
person has--
    (1) Received ground and flight training for takeoff, departure, 
arrival, and landing procedures at the departure airport;
    (2) Received ground and flight training for the area, terrain, and 
aids to navigation that are in the vicinity of the departure airport;
    (3) Been found proficient to operate the aircraft at the departure 
airport and the area within 50 nautical miles from that airport; and
    (4) Received from an authorized instructor a logbook endorsement, 
which is carried in the person's possession in the aircraft, that 
permits flight within 50 nautical miles from the departure airport.
    (c) A person who holds a current and valid recreational pilot 
certificate may act as pilot in command of an aircraft on a flight that 
exceeds 50 nautical miles from the departure airport, provided that 
person has--
    (1) Received ground and flight training from an authorized 
instructor on the cross-country training requirements of subpart E of 
this part that apply to the aircraft rating held;
    (2) Been found proficient in cross-country flying; and
    (3) Received from an authorized instructor a logbook endorsement, 
which is carried on the person's possession in the aircraft, that 
certifies the person has received and been found proficient in the 
cross-country training requirements of subpart E of this part that apply 
to the aircraft rating held.
    (d) A person who holds a current and valid recreational pilot 
certificate may act as pilot in command of an aircraft in Class B, C, 
and D airspace, at an airport located in Class B, C, or D airspace, and 
to, from, through, or at an airport having an operational control tower, 
provided that person has--
    (1) Received and logged ground and flight training from an 
authorized instructor on the following aeronautical knowledge areas and 
areas of operation, as appropriate to the aircraft rating held:
    (i) The use of radios, communications, navigation system and 
facilities, and radar services.
    (ii) Operations at airports with an operating control tower to 
include three takeoffs and landings to a full stop, with each landing 
involving a flight in the traffic pattern at an airport with an 
operating control tower.
    (iii) Applicable flight rules of part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances;
    (2) Been found proficient in those aeronautical knowledge areas and 
areas of operation specified in paragraph (d)(1) of this section; and
    (3) Received from an authorized instructor a logbook endorsement, 
which is carried on the person's possession or readily accessible in the 
aircraft, that certifies the person has received and been found 
proficient in those aeronautical knowledge areas and areas of operation 
specified in paragraph (d)(1) of this section.
    (e) Except as provided in paragraphs (d) and (i) 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

[[Page 71]]

    (iv) With retractable landing gear;
    (2) That is classified as a multiengine airplane, powered-lift, 
glider, airship, balloon, powered parachute, or weight-shift-control 
aircraft;
    (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 Class A, B, C, and D airspace, at an airport located in Class 
B, C, or D airspace, or to, from, through, or at an airport having an 
operational control tower;
    (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, unless authorized by the 
country in which the flight is conducted;
    (12) To demonstrate that aircraft in flight as an aircraft 
salesperson 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.
    (f) A recreational pilot may not act as a 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:
    (1) Receiving flight training from a person authorized to provide 
flight training on board an airship; and
    (2) No person other than a required flight crewmember is carried on 
the aircraft.
    (g) A person who holds a recreational pilot certificate, has logged 
fewer than 400 flight hours, and has not logged pilot-in-command time in 
an aircraft within the 180 days preceding the flight shall not act as 
pilot in command of an aircraft until the pilot receives flight training 
and a logbook endorsement from an authorized instructor, and the 
instructor certifies that the person is proficient to act as pilot in 
command of the aircraft. This requirement can be met in combination with 
the requirements of Sec. Sec. 61.56 and 61.57 of this part, at the 
discretion of the authorized instructor.
    (h) A recreational pilot certificate issued under this subpart 
carries the notation, ``Holder does not meet ICAO requirements.''
    (i) For the purpose of obtaining additional certificates or ratings 
while under the supervision of an authorized instructor, a recreational 
pilot may fly as the sole occupant of an aircraft:
    (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.
    (j) In order to fly solo as provided in paragraph (h) 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 (h) of this section, the recreational pilot shall carry the 
logbook that has been endorsed for each flight by an authorized 
instructor who:
    (1) Has given the recreational pilot training 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.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44868, July 27, 2004]



                        Subpart E_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 persons who hold those certificates and ratings.

[[Page 72]]



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 for a rating in other than a glider 
or balloon.
    (b) Be at least 16 years of age for a rating in a glider or balloon.
    (c) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (d) Receive a logbook endorsement from an authorized instructor who:
    (1) Conducted the training or reviewed the person's home study on 
the aeronautical knowledge areas listed in Sec. 61.105(b) of this part 
that apply to the aircraft rating sought; and
    (2) Certified that the person is prepared for the required knowledge 
test.
    (e) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec. 61.105(b) of this part.
    (f) Receive flight training and a logbook endorsement from an 
authorized instructor who:
    (1) Conducted the training in the areas of operation listed in Sec. 
61.107(b) of this part that apply to the aircraft rating sought; and
    (2) Certified that the person is prepared for the required practical 
test.
    (g) Meet the aeronautical experience requirements of this part that 
apply to the aircraft rating sought before applying for the practical 
test.
    (h) Pass a practical test on the areas of operation listed in Sec. 
61.107(b) of this part that apply to the aircraft rating sought.
    (i) Comply with the appropriate sections of this part that apply to 
the aircraft category and class rating sought.



Sec. 61.105  Aeronautical knowledge.

    (a) General. A person who is applying for a private pilot 
certificate must receive and log ground training from an authorized 
instructor or complete a home-study course on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the aircraft 
category and class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to private pilot privileges, 
limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Use of the applicable portions of the ``Aeronautical Information 
Manual'' and FAA advisory circulars;
    (4) Use of aeronautical charts for VFR navigation using pilotage, 
dead reckoning, and navigation systems;
    (5) Radio communication procedures;
    (6) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (7) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (8) Effects of density altitude on takeoff and climb performance;
    (9) Weight and balance computations;
    (10) Principles of aerodynamics, powerplants, and aircraft systems;
    (11) Stall awareness, spin entry, spins, and spin recovery 
techniques for the airplane and glider category ratings;
    (12) Aeronautical decision making and judgment; and
    (13) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (ii) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec. 61.107  Flight proficiency.

    (a) General. A person who applies for a private pilot certificate 
must receive and log ground and flight training from an authorized 
instructor on the areas of operation of this section that apply to the 
aircraft category and class rating sought.

[[Page 73]]

    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Night operations, except as provided in Sec. 61.110 of this 
part; and
    (xii) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Multiengine operations;
    (xii) Night operations, except as provided in Sec. 61.110 of this 
part; and
    (xiii) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Night operations, except as provided in Sec. 61.110 of this 
part; and
    (x) Postflight procedures.
    (4) For a rotorcraft category rating with a gyroplane class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations;
    (x) Night operations, except as provided in Sec. 61.110 of this 
part; and
    (xi) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Basic instrument maneuvers;
    (xi) Emergency operations;
    (xii) Night operations, except as provided in Sec. 61.110 of this 
part; and
    (xiii) Postflight procedures.
    (6) For a glider category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air category rating with an airship class 
rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (8) For a lighter-than-air category rating with a balloon class 
rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Launches and landings;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (9) For a powered parachute category rating--

[[Page 74]]

    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations, as applicable;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Night operations, except as provided in Sec. 61.110;
    (ix) Emergency operations; and
    (x) Post-flight procedures.
    (10) For a weight-shift-control aircraft category rating--
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations, as applicable;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Night operations, except as provided in Sec. 61.110;
    (x) Emergency operations; and
    (xi) Post-flight procedures.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44868, July 27, 2004]



Sec. 61.109  Aeronautical experience.

    (a) For an airplane single-engine rating. Except as provided in 
paragraph (k) of this section, a person who applies for a private pilot 
certificate with an airplane category and single-engine class rating 
must log at least 40 hours of flight time that includes at least 20 
hours of flight training from an authorized instructor and 10 hours of 
solo flight training in the areas of operation listed in Sec. 
61.107(b)(1) of this part, and the training must include at least--
    (1) 3 hours of cross-country flight training in a single-engine 
airplane;
    (2) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in a single-engine airplane that includes--
    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a single-engine airplane on the 
control and maneuvering of an airplane solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual flight 
attitudes, radio communications, and the use of navigation systems/
facilities and radar services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a single-engine airplane, which must have been performed within 60 
days preceding the date of the test; and
    (5) 10 hours of solo flight time in a single-engine airplane, 
consisting of at least--
    (i) 5 hours of solo cross-country time;
    (ii) One solo cross-country flight of at least 150 nautical miles 
total distance, with full-stop landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 50 nautical miles between the takeoff and landing locations; 
and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (b) For an airplane multiengine rating. Except as provided in 
paragraph (k) of this section, a person who applies for a private pilot 
certificate with an airplane category and multiengine class rating must 
log at least 40 hours of flight time that includes at least 20 hours of 
flight training from an authorized instructor and 10 hours of solo 
flight training in the areas of operation listed in Sec. 61.107(b)(2) 
of this part, and the training must include at least--
    (1) 3 hours of cross-country flight training in a multiengine 
airplane;
    (2) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in a multiengine airplane that includes--
    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a multiengine airplane on the 
control and

[[Page 75]]

maneuvering of an airplane solely by reference to instruments, including 
straight and level flight, constant airspeed climbs and descents, turns 
to a heading, recovery from unusual flight attitudes, radio 
communications, and the use of navigation systems/facilities and radar 
services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a multiengine airplane, which must have been performed within the 60-
day period preceding the date of the test; and
    (5) 10 hours of solo flight time in an airplane consisting of at 
least--
    (i) 5 hours of solo cross-country time;
    (ii) One solo cross-country flight of at least 150 nautical miles 
total distance, with full-stop landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 50 nautical miles between the takeoff and landing locations; 
and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (c) For a helicopter rating. Except as provided in paragraph (k) of 
this section, a person who applies for a private pilot certificate with 
rotorcraft category and helicopter class rating must log at least 40 
hours of flight time that includes at least 20 hours of flight training 
from an authorized instructor and 10 hours of solo flight training in 
the areas of operation listed in Sec. 61.107(b)(3) of this part, and 
the training must include at least--
    (1) 3 hours of cross-country flight training in a helicopter;
    (2) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in a helicopter that includes--
    (i) One cross-country flight of over 50 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in preparation for the practical test 
in a helicopter, which must have been performed within 60 days preceding 
the date of the test; and
    (4) 10 hours of solo flight time in a helicopter, consisting of at 
least--
    (i) 3 hours cross-country time;
    (ii) One solo cross-country flight of at least 75 nautical miles 
total distance, with landings at a minimum of three points, and one 
segment of the flight being a straight-line distance of at least 25 
nautical miles between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (d) For a gyroplane rating. Except as provided in paragraph (k) of 
this section, a person who applies for a private pilot certificate with 
rotorcraft category and gyroplane class rating must log at least 40 
hours of flight time that includes at least 20 hours of flight training 
from an authorized instructor and 10 hours of solo flight training in 
the areas of operation listed in Sec. 61.107(b)(4) of this part, and 
the training must include at least--
    (1) 3 hours of cross-country flight training in a gyroplane;
    (2) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in a gyroplane that includes--
    (i) One cross-country flight of over 50 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in preparation for the practical test 
in a gyroplane, which must have been performed within the 60-day period 
preceding the date of the test; and
    (4) 10 hours of solo flight time in a gyroplane, consisting of at 
least--
    (i) 3 hours of cross-country time;
    (ii) One solo cross-country flight of over 75 nautical miles total 
distance, with landings at a minimum of three points, and one segment of 
the flight being a straight-line distance of at least 25 nautical miles 
between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.

[[Page 76]]

    (e) For a powered-lift rating. Except as provided in paragraph (k) 
of this section, a person who applies for a private pilot certificate 
with a powered-lift category rating must log at least 40 hours of flight 
time that includes at least 20 hours of flight training from an 
authorized instructor and 10 hours of solo flight training in the areas 
of operation listed in Sec. 61.107(b)(5) of this part, and the training 
must include at least--
    (1) 3 hours of cross-country flight training in a powered-lift;
    (2) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in a powered-lift that includes--
    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a powered-lift on the control and 
maneuvering of a powered-lift solely by reference to instruments, 
including straight and level flight, constant airspeed climbs and 
descents, turns to a heading, recovery from unusual flight attitudes, 
radio communications, and the use of navigation systems/facilities and 
radar services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a powered-lift, which must have been performed within the 60-day 
period preceding the date of the test; and
    (5) 10 hours of solo flight time in an airplane or powered-lift 
consisting of at least--
    (i) 5 hours cross-country time;
    (ii) One cross-country flight of at least 150 nautical miles total 
distance, with landings at a minimum of three points, and one segment of 
the flight being a straight-line distance of at least 50 nautical miles 
between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (f) For a glider category rating. (1) If the applicant for a private 
pilot certificate with a glider category rating has not logged at least 
40 hours of flight time as a pilot in a heavier-than-air aircraft, the 
applicant must log at least 10 hours of flight time in a glider in the 
areas of operation listed in Sec. 61.107(b)(6) of this part, and that 
flight time must include at least--
    (i) 20 flights in a glider in the areas of operations listed in 
Sec. 61.107(b)(6) of this part, including at least 3 training flights 
in a glider with an authorized instructor in preparation for the 
practical test that must have been performed within the 60-day period 
preceding the date of the test; and
    (ii) 2 hours of solo flight time in a glider in the areas of 
operation listed in Sec. 61.107(b)(6) of this part, with not less than 
10 launches and landings being performed.
    (2) If the applicant has logged at least 40 hours of flight time in 
a heavier-than-air aircraft, the applicant must log at least 3 hours of 
flight time in a glider in the areas of operation listed in Sec. 
61.107(b)(6) of this part, and that flight time must include at least--
    (i) 10 solo flights in a glider in the areas of operation listed in 
Sec. 61.107(b)(6) of this part; and
    (ii) 3 training flights in a glider with an authorized instructor in 
preparation for the practical test that must have been performed within 
the 60-day period preceding the date of the test.
    (g) For an airship rating. A person who applies for a private pilot 
certificate with a lighter-than-air category and airship class rating 
must log at least:
    (1) 25 hours of flight training in airships on the areas of 
operation listed in Sec. 61.107(b)(7) of this part, which consists of at 
least:
    (i) 3 hours of cross-country flight training in an airship;
    (ii) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in an airship that includes:
    (A) A cross-country flight of over 25 nautical miles total distance; 
and
    (B) Five takeoffs and five landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (2) 3 hours of flight training in an airship on the control and 
maneuvering of an airship solely by reference to instruments, including 
straight and level flight, constant airspeed climbs and descents, turns 
to a heading, recovery

[[Page 77]]

from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight;
    (3) 3 hours of flight training in an airship in preparation for the 
practical test within the 60 days preceding the date of the test; and
    (4) 5 hours performing the duties of pilot in command in an airship 
with an authorized instructor.
    (h) For a balloon rating. A person who applies for a private pilot 
certificate with a lighter-than-air category and balloon class rating 
must log at least 10 hours of flight training that includes at least six 
training flights with an authorized instructor in the areas of operation 
listed in Sec. 61.107(b)(8) of this part, that includes--
    (1) Gas balloon. If the training is being performed in a gas 
balloon, at least two flights of 2 hours each that consists of--
    (i) At least one training flight with an authorized instructor 
within 60 days prior to application for the rating on the areas of 
operation for a gas balloon;
    (ii) At least one flight performing the duties of pilot in command 
in a gas balloon with an authorized instructor; and
    (iii) At least one flight involving a controlled ascent to 3,000 
feet above the launch site.
    (2) Balloon with an airborne heater. If the training is being 
performed in a balloon with an airborne heater, at least--
    (i) Two flights of 1 hour each within 60 days prior to application 
for the rating on the areas of operation appropriate to a balloon with 
an airborne heater;
    (ii) One solo flight in a balloon with an airborne heater; and
    (iii) At least one flight involving a controlled ascent to 2,000 
feet above the launch site.
    (i) For a powered parachute rating. A person who applies for a 
private pilot certificate with a powered parachute category rating must 
log at least 25 hours of flight time in a powered parachute that 
includes at least 10 hours of flight training with an authorized 
instructor, including 30 takeoffs and landings, and 10 hours of solo 
flight training in the areas of operation listed in Sec. 61.107 (b)(9) 
and the training must include at least--
    (1) One hour of cross-country flight training in a powered parachute 
that includes a 1-hour cross-country flight with a landing at an airport 
at least 25 nautical miles from the airport of departure;
    (2) Except as provided in Sec. 61.110, 3 hours of night flight 
training in a powered parachute that includes 10 takeoffs and landings 
(with each landing involving a flight in the traffic pattern) at an 
airport;
    (3) Three hours of flight training in preparation for the practical 
test in a powered parachute, which must have been performed within the 
60-day period preceding the date of the test; and
    (4) Three hours of solo flight time in a powered parachute, 
consisting of at least--
    (i) One solo cross-country flight with a landing at an airport at 
least 25 nautical miles from the departure airport; and
    (ii) Twenty solo takeoffs and landings to a full stop (with each 
landing involving a flight in a traffic pattern) at an airport, with at 
least 3 takeoffs and landings at an airport with an operating control 
tower.
    (j) For a weight-shift-control aircraft rating. A person who applies 
for a private pilot certificate with a weight-shift-control rating must 
log at least 40 hours of flight time that includes at least 20 hours of 
flight training with an authorized instructor and 10 hours of solo 
flight training in the areas listed in Sec. 61.107(b)(10) and the 
training must include at least--
    (1) Three hours of cross-country flight training in a weight-shift-
control aircraft;
    (2) Except as provided in Sec. 61.110, 3 hours of night flight 
training in a weight-shift-control aircraft that includes--
    (i) One cross-country flight over 75 nautical miles total distance; 
and
    (ii) Ten takeoffs and landings (with each landing involving a flight 
in the traffic pattern) at an airport;
    (3) Three hours of flight training in preparation for the practical 
test in a weight-shift-control aircraft, which must have been performed 
within the

[[Page 78]]

60-day period preceding the date of the test; and
    (4) Ten hours of solo flight time in a weight-shift-control 
aircraft, consisting of at least--
    (i) Five hours of solo cross-country time;
    (ii) One solo cross-country flight over 100 nautical miles total 
distance, with landings at a minimum of three points, and one segment of 
the flight being a straight line distance of at least 50 nautical miles 
between takeoff and landing locations; and
    (iii) Three takeoffs and landings (with each landing involving a 
flight in the traffic pattern) at an airport with an operating control 
tower.
    (k) Permitted credit for use of a flight simulator or flight 
training device. (1) Except as provided in paragraphs (k)(2) of this 
section, a maximum of 2.5 hours of training in a flight simulator or 
flight training device representing the category, class, and type, if 
applicable, of aircraft appropriate to the rating sought, may be 
credited toward the flight training time required by this section, if 
received from an authorized instructor.
    (2) A maximum of 5 hours of training in a flight simulator or flight 
training device representing the category, class, and type, if 
applicable, of aircraft appropriate to the rating sought, may be 
credited toward the flight training time required by this section if the 
training is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (3) Except when fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with an airplane, rotorcraft, 
or powered-lift rating, who has satisfactorily completed an approved 
private pilot course conducted by a training center certificated under 
part 142 of this chapter, need only have a total of 35 hours of 
aeronautical experience to meet the requirements of this section.

[Doc. No. 25910, 62 FR 40902, July 30, 1997, as amended by Amdt. 61-104, 
63 FR 20287, Apr. 23, 1998; Amdt. 61-110, 69 FR 44868, July 27, 2004]



Sec. 61.110  Night flying exceptions.

    (a) Subject to the limitations of paragraph (b) of this section, a 
person is not required to comply with the night flight training 
requirements of this subpart if the person receives flight training in 
and resides in the State of Alaska.
    (b) A person who receives flight training in and resides in the 
State of Alaska but does not meet the night flight training requirements 
of this section:
    (1) May be issued a pilot certificate with a limitation ``Night 
flying prohibited''; and
    (2) Must comply with the appropriate night flight training 
requirements of this subpart within the 12-calendar-month period after 
the issuance of the pilot certificate. At the end of that period, the 
certificate will become invalid for use until the person complies with 
the appropriate night training requirements of this subpart. The person 
may have the ``Night flying prohibited'' limitation removed if the 
person--
    (i) Accomplishes the appropriate night flight training requirements 
of this subpart; and
    (ii) Presents to an examiner a logbook or training record 
endorsement from an authorized instructor that verifies accomplishment 
of the appropriate night flight training requirements of this subpart.
    (c) A person who does not meet the night flying requirements in 
Sec. 61.109(d)(2), (i)(2), or (j)(2) may be issued a private pilot 
certificate with the limitation ``Night flying prohibited.'' This 
limitation may be removed by an examiner if the holder complies with the 
requirements of Sec. 61.109(d)(2), (i)(2), or (j)(2), as appropriate.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997; Amdt. 61-110, 69 FR 44869, July 27, 2004]



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

    (a) Except as provided in paragraph (b) of this section, an 
applicant located on an island from which the cross-country flight 
training required in Sec. 61.109 of this part cannot be accomplished 
without flying over water for more than 10 nautical miles from the 
nearest shoreline need not comply with the requirements of that section.

[[Page 79]]

    (b) If other airports that permit civil operations are available to 
which a flight may be made without flying over water for more than 10 
nautical miles from the nearest shoreline, the applicant must show 
completion of two round-trip solo flights between those two airports 
that are farthest apart, including a landing at each airport on both 
flights.
    (c) An applicant who complies with paragraph (a) or paragraph (b) of 
this section, and meets all requirements for the issuance of a private 
pilot certificate, except the cross-country training requirements of 
Sec. 61.109 of this part, will be issued a pilot certificate with an 
endorsement containing the following limitation, ``Passenger carrying 
prohibited on flights more than 10 nautical miles from (the appropriate 
island).'' The limitation may be subsequently amended to include another 
island if the applicant complies with the requirements of paragraph (b) 
of this section for another island.
    (d) Upon meeting the cross-country training requirements of Sec. 
61.109 of this part, the applicant may have the limitation in paragraph 
(c) of this section removed.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997]



Sec. 61.113  Private pilot privileges and limitations: Pilot in command.

    (a) Except as provided in paragraphs (b) through (g) of this 
section, no person who holds a private pilot certificate may act as 
pilot in command of an aircraft that is carrying passengers or property 
for compensation or hire; nor may that person, for compensation or hire, 
act as pilot in command of an aircraft.
    (b) A private pilot may, for compensation or hire, act as pilot in 
command of an aircraft in connection with any business or employment if:
    (1) The flight is only incidental to that business or employment; 
and
    (2) The aircraft does not carry passengers or property for 
compensation or hire.
    (c) A private pilot may not pay less than the pro rata share of the 
operating expenses of a flight with passengers, provided the expenses 
involve only fuel, oil, airport expenditures, or rental fees.
    (d) A private pilot may act as pilot in command of an aircraft used 
in a passenger-carrying airlift sponsored by a charitable organization 
described in paragraph (d)(7) of this section, and for which the 
passengers make a donation to the organization, when the following 
requirements are met:
    (1) The sponsor of the airlift notifies the FAA Flight Standards 
District Office with jurisdiction over the area concerned at least 7 
days before the event and furnishes--
    (i) A signed letter from the sponsor that shows the name of the 
sponsor, the purpose of the charitable event, the date and time of the 
event, and the location of the event; and
    (ii) A photocopy of each pilot in command's pilot certificate, 
medical certificate, and logbook entries that show the pilot is current 
in accordance with Sec. Sec. 61.56 and 61.57 of this part and has 
logged at least 200 hours of flight time.
    (2) The flight is conducted from a public airport that is adequate 
for the aircraft to be used, or from another airport that has been 
approved by the FAA for the operation.
    (3) No aerobatic or formation flights are conducted.
    (4) Each aircraft used for the charitable event holds a standard 
airworthiness certificate.
    (5) Each aircraft used for the charitable event is airworthy and 
complies with the applicable requirements of subpart E of part 91 of 
this chapter.
    (6) Each flight for the charitable event is made during day VFR 
conditions.
    (7) The charitable organization is an organization identified as 
such by the U.S. Department of Treasury.
    (e) A private pilot may be reimbursed for aircraft operating 
expenses that are directly related to search and location operations, 
provided the expenses involve only fuel, oil, airport expenditures, or 
rental fees, and the operation is sanctioned and under the direction and 
control of:
    (1) A local, State, or Federal agency; or
    (2) An organization that conducts search and location operations.

[[Page 80]]

    (f) 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.
    (g) A private pilot who meets the requirements of Sec. 61.69 may 
act as a pilot in command of an aircraft towing a glider or unpowered 
ultralight vehicle.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44869, July 27, 2004]



Sec. 61.115  Balloon rating: Limitations.

    (a) If a person who applies for a private pilot certificate with a 
balloon rating takes a practical test in a balloon with an airborne 
heater:
    (1) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a balloon with an 
airborne heater; and
    (2) The limitation may be removed when the person obtains the 
required aeronautical experience in a gas balloon and receives a logbook 
endorsement from an authorized instructor who attests to the person's 
accomplishment of the required aeronautical experience and ability to 
satisfactorily operate a gas balloon.
    (b) If a person who applies for a private pilot certificate with a 
balloon rating takes a practical test in a gas balloon:
    (1) The pilot certificate will contain a limitation restricting the 
exercise of the privilege of that certificate to a gas balloon; and
    (2) The limitation may be removed when the person obtains the 
required aeronautical experience in a balloon with an airborne heater 
and receives a logbook endorsement from an authorized instructor who 
attests to the person's accomplishment of the required aeronautical 
experience and ability to satisfactorily operate a balloon with an 
airborne heater.



Sec. 61.117  Private pilot privileges and limitations: Second in 
command of aircraft requiring more than one pilot.

    Except as provided in Sec. 61.113 of this part, no private pilot 
may, for compensation or hire, act as second in command of an aircraft 
that is type certificated for more than one pilot, nor may that pilot 
act as second in command of such an aircraft that is carrying passengers 
or property for compensation or hire.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997]



Sec. 61.118-61.120  [Reserved]



                       Subpart F_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 general operating 
rules for persons who hold 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, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (c) Receive a logbook endorsement from an authorized instructor who:
    (1) Conducted the required ground training or reviewed the person's 
home study on the aeronautical knowledge areas listed in Sec. 61.125 of 
this part that apply to the aircraft category and class rating sought; 
and
    (2) Certified that the person is prepared for the required knowledge 
test that applies to the aircraft category and class rating sought.
    (d) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec. 61.125 of this part;
    (e) Receive the required training and a logbook endorsement from an 
authorized instructor who:
    (1) Conducted the training on the areas of operation listed in Sec. 
61.127(b) of this part that apply to the aircraft category and class 
rating sought; and
    (2) Certified that the person is prepared for the required practical 
test.

[[Page 81]]

    (f) Meet the aeronautical experience requirements of this subpart 
that apply to the aircraft category and class rating sought before 
applying for the practical test;
    (g) Pass the required practical test on the areas of operation 
listed in Sec. 61.127(b) of this part that apply to the aircraft 
category and class rating sought;
    (h) Hold at least a private pilot certificate issued under this part 
or meet the requirements of Sec. 61.73; and
    (i) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.



Sec. 61.125  Aeronautical knowledge.

    (a) General. A person who applies for a commercial pilot certificate 
must receive and log ground training from an authorized instructor, or 
complete a home-study course, on the aeronautical knowledge areas of 
paragraph (b) of this section that apply to the aircraft category and 
class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to commercial pilot privileges, 
limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Basic aerodynamics and the principles of flight;
    (4) Meteorology to include recognition of critical weather 
situations, windshear recognition and avoidance, and the use of 
aeronautical weather reports and forecasts;
    (5) Safe and efficient operation of aircraft;
    (6) Weight and balance computations;
    (7) Use of performance charts;
    (8) Significance and effects of exceeding aircraft performance 
limitations;
    (9) Use of aeronautical charts and a magnetic compass for pilotage 
and dead reckoning;
    (10) Use of air navigation facilities;
    (11) Aeronautical decision making and judgment;
    (12) Principles and functions of aircraft systems;
    (13) Maneuvers, procedures, and emergency operations appropriate to 
the aircraft;
    (14) Night and high-altitude operations;
    (15) Procedures for operating within the National Airspace System; 
and
    (16) Procedures for flight and ground training for lighter-than-air 
ratings.



Sec. 61.127  Flight proficiency.

    (a) General. A person who applies for a commercial pilot certificate 
must receive and log ground and flight training from an authorized 
instructor on the areas of operation of this section that apply to the 
aircraft category and class rating sought.
    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations;
    (x) High-altitude operations; and
    (xi) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Slow flight and stalls;
    (viii) Emergency operations;
    (ix) Multiengine operations;
    (x) High-altitude operations; and
    (xi) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Special operations; and
    (x) Postflight procedures.

[[Page 82]]

    (4) For a rotorcraft category rating with a gyroplane class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Flight at slow airspeeds;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations;
    (xi) High-altitude operations;
    (xii) Special operations; and
    (xiii) Postflight procedures.
    (6) For a glider category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air category rating with an airship class 
rating:
    (i) Fundamentals of instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (8) For a lighter-than-air category rating with a balloon class 
rating:
    (i) Fundamentals of instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Launches and landings;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.



Sec. 61.129  Aeronautical experience.

    (a) For an airplane single-engine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a commercial 
pilot certificate with an airplane category and single-engine class 
rating must log at least 250 hours of flight time as a pilot that 
consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
airplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in airplanes; and
    (ii) 50 hours in cross-country flight of which at least 10 hours 
must be in airplanes.
    (3) 20 hours of training on the areas of operation listed in Sec. 
61.127(b)(1) of this part that includes at least--
    (i) 10 hours of instrument training of which at least 5 hours must 
be in a single-engine airplane;
    (ii) 10 hours of training in an airplane that has a retractable 
landing gear, flaps, and a controllable pitch propeller, or is turbine-
powered, or for an applicant seeking a single-engine seaplane rating, 10 
hours of training in a seaplane that has flaps and a controllable pitch 
propeller;
    (iii) One cross-country flight of at least 2 hours in a single-
engine airplane in day VFR conditions, consisting of a total straight-
line distance of more than 100 nautical miles from the original point of 
departure;
    (iv) One cross-country flight of at least 2 hours in a single-engine 
airplane in night VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
    (v) 3 hours in a single-engine airplane in preparation for the 
practical test within the 60-day period preceding the date of the test.

[[Page 83]]

    (4) 10 hours of solo flight in a single-engine airplane on the areas 
of operation listed in Sec. 61.127(b)(1) of this part, which includes 
at least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance, with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii, the longest segment need only have a straight-line distance of 
at least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern) 
at an airport with an operating control tower.
    (b) For an airplane multiengine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a commercial 
pilot certificate with an airplane category and multiengine class rating 
must log at least 250 hours of flight time as a pilot that consists of 
at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
airplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in airplanes; and
    (ii) 50 hours in cross-country flight of which at least 10 hours 
must be in airplanes.
    (3) 20 hours of training on the areas of operation listed in Sec. 
61.127(b)(2) of this part that includes at least--
    (i) 10 hours of instrument training of which at least 5 hours must 
be in a multiengine airplane;
    (ii) 10 hours of training in a multiengine airplane that has a 
retractable landing gear, flaps, and controllable pitch propellers, or 
is turbine-powered, or for an applicant seeking a multiengine seaplane 
rating, 10 hours of training in a multiengine seaplane that has flaps 
and a controllable pitch propeller;
    (iii) One cross-country flight of at least 2 hours in a multiengine 
airplane in day VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure;
    (iv) One cross-country flight of at least 2 hours in a multiengine 
airplane in night VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
    (v) 3 hours in a multiengine airplane in preparation for the 
practical test within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight time in a multiengine airplane or 10 
hours of flight time performing the duties of pilot in command in a 
multiengine airplane with an authorized instructor (either of which may 
be credited towards the flight time requirement in paragraph (b)(2) of 
this section), on the areas of operation listed in Sec. 61.127(b)(2) of 
this part that includes at least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii, the longest segment need only have a straight-line distance of 
at least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight with a traffic pattern) 
at an airport with an operating control tower.
    (c) For a helicopter rating. Except as provided in paragraph (i) of 
this section, a person who applies for a commercial pilot certificate 
with a rotorcraft category and helicopter class rating must log at least 
150 hours of flight time as a pilot that consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
helicopters.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 35 hours in helicopters; and
    (ii) 10 hours in cross-country flight in helicopters.
    (3) 20 hours of training on the areas of operation listed in Sec. 
61.127(b)(3) of this part that includes at least--
    (i) 10 hours of instrument training in an aircraft;
    (ii) One cross-country flight of at least 2 hours in a helicopter in 
day VFR conditions, consisting of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;

[[Page 84]]

    (iii) One cross-country flight of at least 2 hours in a helicopter 
in night VFR conditions, consisting of a total straight-line distance of 
more than 50 nautical miles from the original point of departure; and
    (iv) 3 hours in a helicopter in preparation for the practical test 
within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight in a helicopter on the areas of 
operation listed in Sec. 61.127(b)(3) of this part, which includes at 
least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 50 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (d) For a gyroplane rating. A person who applies for a commercial 
pilot certificate with a rotorcraft category and gyroplane class rating 
must log at least 150 hours of flight time as a pilot (of which 5 hours 
may have been accomplished in a flight simulator or flight training 
device that is representative of a gyroplane) that consists of at least:
    (1) 100 hours in powered aircraft, of which 25 hours must be in 
gyroplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 10 hours in gyroplanes; and
    (ii) 3 hours in cross-country flight in gyroplanes.
    (3) 20 hours of training on the areas of operation listed in Sec. 
61.127(b)(4) of this part that includes at least--
    (i) 5 hours of instrument training in an aircraft;
    (ii) One cross-country flight of at least 2 hours in a gyroplane in 
day VFR conditions, consisting of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;
    (iii) One cross-country flight of at least 2 hours in a gyroplane in 
night VFR conditions, consisting of a total straight-line distance of 
more than 50 nautical miles from the original point of departure; and
    (iv) 3 hours in a gyroplane in preparation for the practical test 
within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight in a gyroplane on the areas of operation 
listed in Sec. 61.127(b)(4) of this part, which includes at least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 50 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (e) For a powered-lift rating. Except as provided in paragraph (i) 
of this section, a person who applies for a commercial pilot certificate 
with a powered-lift category rating must log at least 250 hours of 
flight time as a pilot that consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in a 
powered-lift.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in a powered-lift; and
    (ii) 50 hours in cross-country flight of which 10 hours must be in a 
powered-lift.
    (3) 20 hours of training on the areas of operation listed in Sec. 
61.127(b)(5) of this part that includes at least--
    (i) 10 hours of instrument training, of which at least 5 hours must 
be in a powered-lift;
    (ii) One cross-country flight of at least 2 hours in a powered-lift 
in day VFR conditions, consisting of a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iii) One cross-country flight of at least 2 hours in a powered-lift 
in night VFR conditions, consisting of a total straight-line distance of 
more than 100 nautical miles from the original point of departure; and
    (iv) 3 hours in a powered-lift in preparation for the practical test 
within the 60-day period preceding the date of the test.

[[Page 85]]

    (4) 10 hours of solo flight in a powered-lift on the areas of 
operation listed in Sec. 61.127(b)(5) of this part, which includes at 
least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii the longest segment need only have a straight-line distance of at 
least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern) 
at an airport with an operating control tower.
    (f) For a glider rating. A person who applies for a commercial pilot 
certificate with a glider category rating must log at least--
    (1) 25 hours of flight time as a pilot in a glider and that flight 
time must include at least 100 flights in a glider as pilot in command, 
including at least--
    (i) 3 hours of flight training in a glider or 10 training flights in 
a glider with an authorized instructor on the areas of operation listed 
in Sec. 61.127(b)(6) of this part, including at least 3 training 
flights in a glider with an authorized instructor in preparation for the 
practical test within the 60-day period preceding the date of the test; 
and
    (ii) 2 hours of solo flight that include not less than 10 solo 
flights in a glider on the areas of operation listed in Sec. 
61.127(b)(6) of this part; or
    (2) 200 hours of flight time as a pilot in heavier-than-air aircraft 
and at least 20 flights in a glider as pilot in command, including at 
least--
    (i) 3 hours of flight training in a glider or 10 training flights in 
a glider with an authorized instructor on the areas of operation listed 
in Sec. 61.127(b)(6) of this part including at least 3 training flights 
in a glider with an authorized instructor in preparation for the 
practical test within the 60-day period preceding the date of the test; 
and
    (ii) 5 solo flights in a glider on the areas of operation listed in 
Sec. 61.127(b)(6) of this part.
    (g) For an airship rating. A person who applies for a commercial 
pilot certificate with a lighter-than-air category and airship class 
rating must log at least 200 hours of flight time as a pilot, which 
includes at least the following hours:
    (1) 50 hours in airships.
    (2) 30 hours of pilot-in-command time in airships, which consists of 
at least--
    (i) 10 hours of cross-country flight time in airships; and
    (ii) 10 hours of night flight time in airships.
    (3) 40 hours of instrument time, which consists of at least 20 hours 
in flight, of which 10 hours must be in flight in airships.
    (4) 20 hours of flight training in airships on the areas of 
operation listed in Sec. 61.127(b)(7) of this part, which includes at 
least--
    (i) 3 hours in an airship in preparation for the practical test 
within the 60-day period preceding the date of the test;
    (ii) One cross-country flight of at least 1 hour in duration in an 
airship in day VFR conditions, consisting of a total straight-line 
distance of more than 25 nautical miles from the original point of 
departure; and
    (iii) One cross-country flight of at least 1 hour in duration in an 
airship in night VFR conditions, consisting of a total straight-line 
distance of more than 25 nautical miles from the original point of 
departure.
    (5) 10 hours of flight training performing the duties of pilot in 
command with an authorized instructor on the areas of operation listed 
in Sec. 61.127(b)(7) of this part, which includes at least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 25 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (h) For a balloon rating. A person who applies for a commercial 
pilot certificate with a lighter-than-air category and a balloon class 
rating must log at least 35 hours of flight time as a pilot, which 
includes at least the following requirements:
    (1) 20 hours in balloons;

[[Page 86]]

    (2) 10 flights in balloons;
    (3) Two flights in balloons as the pilot in command; and
    (4) 10 hours of flight training that includes at least 10 training 
flights with an authorized instructor in balloons on the areas of 
operation listed in Sec. 61.127(b)(8) of this part, which consists of 
at least--
    (i) For a gas balloon--
    (A) 2 training flights of 2 hours each with an authorized instructor 
in a gas balloon on the areas of operation appropriate to a gas balloon 
within 60 days prior to application for the rating;
    (B) 2 flights performing the duties of pilot in command in a gas 
balloon with an authorized instructor on the appropriate areas of 
operation; and
    (C) One flight involving a controlled ascent to 5,000 feet above the 
launch site.
    (ii) For a balloon with an airborne heater--
    (A) 2 training flights of 1 hour each with an authorized instructor 
in a balloon with an airborne heater on the areas of operation 
appropriate to a balloon with an airborne heater within 60 days prior to 
application for the rating;
    (B) Two solo flights in a balloon with an airborne heater on the 
appropriate areas of operation; and
    (C) One flight involving a controlled ascent to 3,000 feet above the 
launch site.
    (i) Permitted credit for use of a flight simulator or flight 
training device. (1) Except as provided in paragraph (i)(2) of this 
section, an applicant who has not accomplished the training required by 
this section in a course conducted by a training center certificated 
under part 142 of this chapter may:
    (i) Credit a maximum of 50 hours toward the total aeronautical 
experience requirements for an airplane or powered-lift rating, provided 
the aeronautical experience was obtained from an authorized instructor 
in a flight simulator or flight training device that represents that 
class of airplane or powered-lift category and type, if applicable, 
appropriate to the rating sought; and
    (ii) Credit a maximum of 25 hours toward the total aeronautical 
experience requirements of this section for a helicopter rating, 
provided the aeronautical experience was obtained from an authorized 
instructor in a flight simulator or flight training device that 
represents a helicopter and type, if applicable, appropriate to the 
rating sought.
    (2) An applicant who has accomplished the training required by this 
section in a course conducted by a training center certificated under 
part 142 of this chapter may:
    (i) Credit a maximum of 100 hours toward the total aeronautical 
experience requirements of this section for an airplane and powered-lift 
rating, provided the aeronautical experience was obtained from an 
authorized instructor in a flight simulator or flight training device 
that represents that class of airplane or powered-lift category and 
type, if applicable, appropriate to the rating sought; and
    (ii) Credit a maximum of 50 hours toward the total aeronautical 
experience requirements of this section for a helicopter rating, 
provided the aeronautical experience was obtained from an authorized 
instructor in a flight simulator or flight training device that 
represents a helicopter and type, if applicable, appropriate to the 
rating sought.
    (3) Except when fewer hours are approved by the Administrator, an 
applicant for a commercial pilot certificate with an airplane or a 
powered-lift rating who has satisfactorily completed an approved 
commercial pilot course conducted by a training center certificated 
under part 142 of this chapter need only have 190 hours of total to meet 
the aeronautical experience requirements of this section.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-101, 62 FR 16892, 
Apr. 8, 1997; Amdt. 61-103, 62 FR 40904, July 30, 1997; Amdt. 61-104, 63 
FR 20288, Apr. 23, 1998]



Sec. 61.131  Exceptions to the night flying requirements.

    (a) Subject to the limitations of paragraph (b) of this section, a 
person is not required to comply with the night flight training 
requirements of this subpart if the person receives flight training in 
and resides in the State of Alaska.
    (b) A person who receives flight training in and resides in the 
State of

[[Page 87]]

Alaska but does not meet the night flight training requirements of this 
section:
    (1) May be issued a pilot certificate with the limitation ``night 
flying prohibited.''
    (2) Must comply with the appropriate night flight training 
requirements of this subpart within the 12-calendar-month period after 
the issuance of the pilot certificate. At the end of that period, the 
certificate will become invalid for use until the person complies with 
the appropriate night flight training requirements of this subpart. The 
person may have the ``night flying prohibited'' limitation removed if 
the person--
    (i) Accomplishes the appropriate night flight training requirements 
of this subpart; and
    (ii) Presents to an examiner a logbook or training record 
endorsement from an authorized instructor that verifies accomplishment 
of the appropriate night flight training requirements of this subpart.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec. 61.133  Commercial pilot privileges and limitations.

    (a) Privileges--(1) General. A person who holds a commercial pilot 
certificate may act as pilot in command of an aircraft--
    (i) Carrying persons or property for compensation or hire, provided 
the person is qualified in accordance with this part and with the 
applicable parts of this chapter that apply to the operation; and
    (ii) For compensation or hire, provided the person is qualified in 
accordance with this part and with the applicable parts of this chapter 
that apply to the operation.
    (2) Commercial pilots with lighter-than-air category ratings. A 
person with a commercial pilot certificate with a lighter-than-air 
category rating may--
    (i) For an airship--(A) Give flight and ground training in an 
airship for the issuance of a certificate or rating;
    (B) Give an endorsement for a pilot certificate with an airship 
rating;
    (C) Endorse a student pilot certificate or logbook for solo 
operating privileges in an airship;
    (D) Act as pilot in command of an airship under IFR or in weather 
conditions less than the minimum prescribed for VFR flight; and
    (E) Give flight and ground training and endorsements that are 
required for a flight review, an operating privilege or recency-of-
experience requirements of this part.
    (ii) For a balloon--(A) Give flight and ground training in a balloon 
for the issuance of a certificate or rating;
    (B) Give an endorsement for a pilot certificate with a balloon 
rating;
    (C) Endorse a student pilot certificate or logbook for solo 
operating privileges in a balloon; and
    (D) Give ground and flight training and endorsements that are 
required for a flight review, an operating privilege, or recency-of-
experience requirements of this part.
    (b) Limitations. (1) A person who applies for a commercial pilot 
certificate with an airplane category or powered-lift category rating 
and does not hold an instrument rating in the same category and class 
will be issued a commercial pilot certificate that contains the 
limitation, ``The carriage of passengers for hire in (airplanes) 
(powered-lifts) on cross-country flights in excess of 50 nautical miles 
or at night is prohibited.'' The limitation may be removed when the 
person satisfactorily accomplishes the requirements listed in Sec. 
61.65 of this part for an instrument rating in the same category and 
class of aircraft listed on the person's commercial pilot certificate.
    (2) If a person who applies for a commercial pilot certificate with 
a balloon rating takes a practical test in a balloon with an airborne 
heater--
    (i) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a balloon with an 
airborne heater.
    (ii) The limitation specified in paragraph (b)(2)(i) of this section 
may be removed when the person obtains the required aeronautical 
experience in a gas balloon and receives a logbook endorsement from an 
authorized instructor who attests to the person's accomplishment of the 
required aeronautical experience and ability to satisfactorily operate a 
gas balloon.

[[Page 88]]

    (3) If a person who applies for a commercial pilot certificate with 
a balloon rating takes a practical test in a gas balloon--
    (i) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a gas balloon.
    (ii) The limitation specified in paragraph (b)(3)(i) of this section 
may be removed when the person obtains the required aeronautical 
experience in a balloon with an airborne heater and receives a logbook 
endorsement from an authorized instructor who attests to the person's 
accomplishment of the required aeronautical experience and ability to 
satisfactorily operate a balloon with an airborne heater.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec. 61.135-61.141  [Reserved]



                   Subpart G_Airline Transport Pilots



Sec. 61.151  Applicability.

    This subpart prescribes the requirements for the issuance of airline 
transport pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the general operating 
rules for persons who hold those certificates and ratings.



Sec. 61.153  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 able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (c) Be of good moral character;
    (d) Meet at least one of the following requirements:
    (1) Hold at least a commercial pilot certificate and an instrument 
rating;
    (2) Meet the military experience requirements under Sec. 61.73 of 
this part to qualify for a commercial pilot certificate, and an 
instrument rating if the person is a rated military pilot or former 
rated military pilot of an Armed Force of the United States; or
    (3) Hold either a foreign airline transport pilot or foreign 
commercial pilot license and an instrument rating, without limitations, 
issued by a contracting State to the Convention on International Civil 
Aviation.
    (e) Meet the aeronautical experience requirements of this subpart 
that apply to the aircraft category and class rating sought before 
applying for the practical test;
    (f) Pass a knowledge test on the aeronautical knowledge areas of 
Sec. 61.155(c) of this part that apply to the aircraft category and 
class rating sought;
    (g) Pass the practical test on the areas of operation listed in 
Sec. 61.157(e) of this part that apply to the aircraft category and 
class rating sought; and
    (h) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec. 61.155  Aeronautical knowledge.

    (a) General. The knowledge test for an airline transport pilot 
certificate is based on the aeronautical knowledge areas listed in 
paragraph (c) of this section that are appropriate to the aircraft 
category and class rating sought.
    (b) Aircraft type rating. A person who is applying for an additional 
aircraft type rating to be added to an airline transport pilot 
certificate is not required to pass a knowledge test if that person's 
airline transport pilot certificate lists the aircraft category and 
class rating that is appropriate to the type rating sought.
    (c) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to airline transport pilot 
privileges, limitations, and flight operations;
    (2) Meteorology, including knowledge of and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air data;
    (3) General system of weather and NOTAM collection, dissemination, 
interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;

[[Page 89]]

    (5) National Weather Service functions as they pertain to operations 
in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to en route operations, terminal area and radar operations, 
and instrument departure and approach procedures;
    (9) Aircraft loading, weight and balance, use of charts, graphs, 
tables, formulas, and computations, and their effect on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight characteristics 
and performance in normal and abnormal flight regimes;
    (11) Human factors;
    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management to include crew communication and 
coordination.



Sec. 61.157  Flight proficiency.

    (a) General. (1) The practical test for an airline transport pilot 
certificate is given for--
    (i) An airplane category and single-engine class rating;
    (ii) An airplane category and multiengine class rating;
    (iii) A rotorcraft category and helicopter class rating;
    (iv) A powered-lift category rating; and
    (v) An aircraft type rating for the category and class ratings 
listed in paragraphs (a)(1)(i) through (a)(1)(iv) of this section.
    (2) A person who is applying for an airline transport pilot 
practical test must meet--
    (i) The eligibility requirements of Sec. 61.153 of this part; and
    (ii) The aeronautical knowledge and aeronautical experience 
requirements of this subpart that apply to the aircraft category and 
class rating sought.
    (b) Aircraft type rating. Except as provided in paragraph (c) of 
this section, a person who is applying for an aircraft type rating to be 
added to an airline transport pilot certificate:
    (1) Must receive and log ground and flight training from an 
authorized instructor on the areas of operation in this section that 
apply to the aircraft type rating sought;
    (2) Must receive a logbook endorsement from an authorized instructor 
certifying that the applicant completed the training on the areas of 
operation listed in paragraph (e) of this section that apply to the 
aircraft type rating sought; and
    (3) Must perform the practical test in actual or simulated 
instrument conditions, unless the aircraft's type certificate makes the 
aircraft incapable of operating under instrument flight rules. If the 
practical test cannot be accomplished for this reason, the person may 
obtain a type rating limited to ``VFR only.'' The ``VFR only'' 
limitation may be removed for that aircraft type when the person passes 
the practical test in actual or simulated instrument conditions.
    (c) Exceptions. A person who is applying for an aircraft type rating 
to be added to an airline transport pilot certificate or an aircraft 
type rating concurrently with an airline transport pilot certificate, 
and who is an employee of a certificate holder operating under part 121 
or 135 of this chapter or of a fractional ownership program manager 
operating under subpart K of part 91 of this chapter, need not comply 
with the requirements of paragraph (b) of this section if the applicant 
presents a training record that shows satisfactory completion of that 
certificate holder's or program manager's approved pilot-in-command 
training program for the aircraft type rating sought.
    (d) Upgrading type ratings. Any type rating(s) on the pilot 
certificate of an applicant who successfully completes an airline 
transport pilot practical test shall be included on the airline 
transport pilot certificate with the privileges and limitations of the 
airline transport pilot certificate, provided the applicant passes the 
practical test in the same category and class of aircraft for which the 
applicant holds the type rating(s). However, if a type rating for that 
category and class of aircraft on the superseded pilot certificate is 
limited to VFR, that limitation shall be

[[Page 90]]

carried forward to the person's airline transport pilot certificate 
level.
    (e) Areas of operation. (1) For an airplane category--single-engine 
class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (4) For a rotorcraft category--helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (f)  Proficiency and competency checks conducted under part 121, 
part 135, or subpart K of part 91. (1) Successful completion of any of 
the following checks satisfy the requirements of this section for the 
appropriate aircraft rating:
    (i) A proficiency check under Sec. 121.441 of this chapter.
    (ii) 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.
    (iii) Both a competency check under Sec. 91.1065 of this chapter 
and a pilot-in-command instrument proficiency check under Sec. 91.1069 
of this chapter.
    (2) The checks specified in paragraph (f)(1) of this section must be 
conducted by an authorized designated pilot examiner or FAA aviation 
safety inspector.
    (g) Use of a flight simulator or flight training device for an 
airplane rating. If a flight simulator or flight training device is used 
for accomplishing all of the training and the required practical test 
for an airplane transport pilot certificate with an airplane category, 
class, and type rating, if applicable, the applicant, flight simulator, 
and flight training device are subject to the following requirements:
    (1) The flight simulator and flight training device must represent 
that airplane type if the rating involves a type rating in an airplane, 
or is representative of an airplane if the applicant is only seeking an 
airplane class rating and does not require a type rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing (except preflight inspection) must be 
accomplished by the applicant to receive an airplane class rating and 
type rating, if applicable, without limitations and--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.159 of this part and at least one of the 
following--
    (A) Hold a type rating for a turbojet airplane of the same 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 of airplane for

[[Page 91]]

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 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 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 flight time, of which 500 hours 
must be in turbine-powered airplanes of the same class as the airplane 
for which the type rating is sought;
    (D) Have at least 500 hours of flight time in the same type of 
airplane as the airplane for which the type rating is sought; or
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (4) Subject to the limitation of paragraph (g)(5) of this section, 
an applicant who does not meet the requirements of paragraph (g)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec. 61.159 of this part 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 additional 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same class 
as the airplane for which the type rating is sought and which requires a 
type rating; and
    (2) At least 25 hours of flight time in airplanes of the same type 
for which the type rating is sought.
    (5) An applicant meeting only the requirements of paragraph 
(g)(4)(ii)(A) and (B) of this section will be issued an additional 
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 
additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (g)(5) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(g)(3)(ii)(A) through (E) or (g)(4)(ii)(A) and (B) of this section may 
be issued an airline transport pilot certificate or an additional rating 
to that pilot certificate after successful completion of one of the 
following requirements--
    (i) An approved course at a part 142 training center that 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 part 142 training center that complies 
with paragraphs (g)(8) and (g)(9) of this section and includes all 
training and testing for a certificate or rating.
    (8) An applicant meeting only the requirements of paragraph 
(g)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''

[[Page 92]]

    (9) An applicant issued a pilot certificate with the limitation 
specified in paragraph (g)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
    (h) Use of a flight simulator or flight training device for a 
helicopter rating. If a flight simulator or flight training device is 
used for accomplishing all of the training and the required practical 
test for an airline transport pilot certificate with a helicopter class 
rating and type rating, if applicable, the applicant, flight simulator, 
and flight training device are subject to the following requirements:
    (1) The flight simulator and flight training device must represent 
that helicopter type if the rating involves a type rating in a 
helicopter, or is representative of a helicopter if the applicant is 
only seeking a helicopter class rating and does not require a type 
rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing requirements (except preflight 
inspection) must be accomplished by the applicant to receive a 
helicopter class rating and type rating, if applicable, without 
limitations and--
    (i) The flight simulator must be qualified and approved as a Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.161 of this part 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 a 
turbine-powered helicopter, if a turbine-powered helicopter type rating 
is sought;
    (B) Have at least 1,200 hours of flight time, of which 500 hours 
must be in turbine-powered helicopters;
    (C) Have at least 500 hours of flight time in the same type 
helicopter as the helicopter for which the type rating is sought; or
    (D) Have at least 1,000 hours of flight time in at least two 
different helicopters requiring a type rating.
    (4) Subject to the limitation of paragraph (h)(5) of this section, 
an applicant who does not meet the requirements of paragraph (h)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec. 61.161 of this part and, since the beginning of the 12th calendar 
month before the month in which the applicant completes the practical 
test for the additional 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 
of helicopter for which the type rating is sought.
    (5) An applicant meeting only the requirements of paragraph 
(h)(4)(ii) (A) and (B) of this section will be issued an additional 
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 additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (h)(5) of this section--
    (i) May not act as pilot in command of the helicopter for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 a helicopter

[[Page 93]]

of the same type for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(h)(3)(ii) (A) through (D), or (h)(4)(ii) (A) and (B) of this section 
may be issued an airline transport pilot certificate or an additional 
rating to that pilot certificate after successful completion of one of 
the following requirements--
    (i) An approved course at a part 142 training center that 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; or
    (ii) An approved course at a training center that includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (h)(8) and (h)(9) of this section.
    (8) An applicant meeting only the requirements of paragraph 
(h)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''
    (9) An applicant issued a certificate with the limitation specified 
in paragraph (h)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 for which the limitation applies.
    (i) Use of a flight simulator or flight training device for a 
powered-lift rating. If a flight simulator or flight training device is 
used for accomplishing all of the training and the required practical 
test for an airline transport pilot certificate with a powered-lift 
category rating and type rating, if applicable, the applicant, flight 
simulator, and flight training device are subject to the following 
requirements:
    (1) The flight simulator and flight training device must represent 
that powered-lift type, if the rating involves a type rating in a 
powered-lift, or is representative of a powered-lift if the applicant is 
only seeking a powered-lift category rating and does not require a type 
rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing requirements (except preflight 
inspection) must be accomplished by the applicant to receive a powered-
lift category rating and type rating, if applicable, without 
limitations; and--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.163 of this part and at least one of the 
following--
    (A) Hold a type rating for a turbine-powered powered-lift, or have 
been designated by a military service as a pilot in command of a 
turbine-powered powered-lift, if a turbine-powered powered-lift type 
rating is sought;
    (B) Have at least 1,200 hours of flight time, of which 500 hours 
must be in turbine-powered powered-lifts;
    (C) Have at least 500 hours of flight time in the same type of 
powered-lift for which the type rating is sought; or
    (D) Have at least 1,000 hours of flight time in at least two 
different powered-lifts requiring a type rating.
    (4) Subject to the limitation of paragraph (i)(5) of this section, 
an applicant who does not meet the requirements of paragraph (i)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and

[[Page 94]]

    (ii) The applicant meets the aeronautical experience requirements of 
Sec. 61.163 of this part and, since the beginning of the 12th calendar 
month before the month in which the applicant completes the practical 
test for the additional rating, has logged--
    (A) At least 100 hours of flight time in powered-lifts; and
    (B) At least 15 hours of flight time in powered-lifts of the same 
type of powered-lift for the type rating sought.
    (5) An applicant meeting only the requirements of paragraph 
(i)(4)(ii) (A) and (B) of this section will be issued an additional 
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 additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (i)(5) of this section--
    (i) May not act as pilot in command of the powered-lift for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 a powered-lift of the same 
type for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(i)(3)(ii) (A) through (D) or (i)(4)(ii) (A) and (B) of this section may 
be issued an airline transport pilot certificate or an additional rating 
to that pilot certificate after successful completion of one of the 
following requirements--
    (i) An approved course at a part 142 training center that 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 site; or
    (ii) An approved course at a training center that includes all 
training and testing for that certificate or rating and is in compliance 
with paragraphs (i)(8) and (i)(9) of this section.
    (8) An applicant meeting only the requirements of paragraph 
(i)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''
    (9) An applicant issued a pilot certificate with the limitation 
specified in paragraph (i)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 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 a powered-lift of the same 
type for which the limitation applies.
    (j) Waiver authority. Unless the Administrator requires certain or 
all tasks to be performed, the examiner who conducts the practical test 
for an airline transport pilot certificate may waive any of the tasks 
for which the Administrator approves waiver authority.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997; Amdt. 61-104, 63 FR 20288, Apr. 23, 1998; Amdt. 61-109, 
68 FR 54560, Sept. 17, 2003]



Sec. 61.158  [Reserved]



Sec. 61.159  Aeronautical experience: Airplane category rating.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, a person who is applying for an airline transport pilot 
certificate with an airplane category and class rating must have at 
least 1,500 hours of total time as a pilot that includes at least:
    (1) 500 hours of cross-country flight time.
    (2) 100 hours of night flight time.

[[Page 95]]

    (3) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(3)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(3) of this section if the training was 
accomplished in a course conducted by a training center certificated 
under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device, 
representing an airplane.
    (4) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination thereof, 
which includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (5) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents an airplane, 
provided the aeronautical experience was obtained in an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (b) A person 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 for 1 hour of night flight time to satisfy the 
requirements of paragraph (a)(2) of this section; however, not more than 
25 hours of night flight time may be credited in this manner.
    (c) A commercial pilot may credit the following second-in-command 
flight time or flight-engineer flight time toward the 1,500 hours of 
total time as a pilot required by paragraph (a) of this section:
    (1) Second-in-command time, provided the time is acquired in an 
airplane--
    (i) Required to have more than one pilot flight crewmember by the 
airplane's flight manual, type certificate, or the regulations under 
which the flight is being conducted;
    (ii) Engaged in operations under subpart K of part 91, part 121, or 
part 135 of this chapter for which a second in command is required; or
    (iii) That is required by the operating rules of this chapter to 
have more than one pilot flight crewmember.
    (2) Flight-engineer time, provided the time--
    (i) Is acquired in an airplane required to have a flight engineer by 
the airplane's flight manual or type certificate;
    (ii) Is acquired while engaged in operations under part 121 of this 
chapter for which a flight engineer is required;
    (iii) Is acquired while the person is participating in a pilot 
training program approved under part 121 of this chapter; and
    (iv) Does not exceed more than 1 hour for each 3 hours of flight 
engineer flight time for a total credited time of no more than 500 
hours.
    (d) An applicant may be issued an airline transport pilot 
certificate with the endorsement, ``Holder does not meet the pilot in 
command aeronautical experience requirements of ICAO,'' as prescribed by 
Article 39 of the Convention on International Civil Aviation, if the 
applicant:
    (1) Credits second-in-command or flight-engineer time under 
paragraph (c) of this section toward the 1,500 hours total flight time 
requirement of paragraph (a) of this section;
    (2) Does not have at least 1,200 hours of flight time as a pilot, 
including no more than 50 percent of his or her second-in-command time 
and none of his or her flight-engineer time; and
    (3) Otherwise meets the requirements of paragraph (a) of this 
section.
    (e) When the applicant specified in paragraph (d) of this section 
presents satisfactory evidence of the accumulation of 1,200 hours of 
flight time as a pilot including no more than 50 percent of his or her 
second-in-command flight

[[Page 96]]

time and none of his or her flight-engineer time, the applicant is 
entitled to an airline transport pilot certificate without the 
endorsement prescribed in that paragraph.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20288, Apr. 23, 1998; Amdt. 61-109, 
68 FR 54560, Sept. 17, 2003]



Sec. 61.161  Aeronautical experience: Rotorcraft category and 
helicopter class rating.

    (a) A person who is applying for an airline transport pilot 
certificate with a rotorcraft category and helicopter class rating, must 
have at least 1,200 hours of total time as a pilot that includes at 
least:
    (1) 500 hours of cross-country flight time;
    (2) 100 hours of night flight time, of which 15 hours are in 
helicopters;
    (3) 200 hours of flight time in helicopters, which includes at least 
75 hours as a pilot in command, or as second in command performing the 
duties of a pilot in command under the supervision of a pilot in 
command, or any combination thereof; and
    (4) 75 hours of instrument flight time in actual or simulated 
instrument meteorological conditions, of which at least 50 hours are 
obtained in flight with at least 25 hours in helicopters as a pilot in 
command, or as second in command performing the duties of a pilot in 
command under the supervision of a pilot in command, or any combination 
thereof.
    (b) Training in a flight simulator or flight training device may be 
credited toward the instrument flight time requirements of paragraph 
(a)(4) of this section, subject to the following:
    (1) Training in a flight simulator or a flight training device must 
be accomplished in a flight simulator or flight training device that 
represents a rotorcraft.
    (2) Except as provided in paragraph (b)(3) of this section, an 
applicant may receive credit for not more than a total of 25 hours of 
simulated instrument time in a flight simulator and flight training 
device.
    (3) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(4) of this section if the aeronautical 
experience is accomplished in an approved course conducted by a training 
center certificated under part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20289, Apr. 23, 1998]



Sec. 61.163  Aeronautical experience: Powered-lift category rating.

    (a) A person who is applying for an airline transport pilot 
certificate with a powered-lift category rating must have at least 1,500 
hours of total time as a pilot that includes at least:
    (1) 500 hours of cross-country flight time;
    (2) 100 hours of night flight time;
    (3) 250 hours in a powered-lift as a pilot in command, or as a 
second in command performing the duties of a pilot in command under the 
supervision of a pilot in command, or any combination thereof, which 
includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (4) 75 hours of instrument flight time in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(4)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(4) of this section if the training was 
accomplished in a course conducted by a training center certificated 
under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device that 
represents a powered-lift.
    (b) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents a powered-
lift, provided the aeronautical experience was obtained

[[Page 97]]

in an approved course conducted by a training center certificated under 
part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20289, Apr. 23, 1998]



Sec. 61.165  Additional aircraft category and class ratings.

    (a) Rotorcraft category and helicopter class rating. A person 
applying for an airline transport certificate with a rotorcraft category 
and helicopter class rating who holds an airline transport pilot 
certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec. 61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec. 61.155(c) of this part;
    (3) Comply with the requirements in Sec. 61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec. 61.161 of this part; and
    (5) Pass the practical test on the areas of operation of Sec. 
61.157(e)(4) of this part.
    (b) Airplane category rating with a single-engine class rating. A 
person applying for an airline transport certificate with an airplane 
category and single-engine class rating who holds an airline transport 
pilot certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec. 61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec. 61.155(c) of this part;
    (3) Comply with the requirements in Sec. 61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec. 61.159 of this part; and
    (5) Pass the practical test on the areas of operation of Sec. 
61.157(e)(1) of this part.
    (c) Airplane category rating with a multiengine class rating. A 
person applying for an airline transport certificate with an airplane 
category and multiengine class rating who holds an airline transport 
certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec. 61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec. 61.155(c) of this part;
    (3) Comply with the requirements in Sec. 61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec. 61.159 of this part; and
    (5) Pass the practical test on the areas of operation of Sec. 
61.157(e)(2) of this part.
    (d) Powered-lift category. A person applying for an airline 
transport pilot certificate with a powered-lift category rating who 
holds an airline transport certificate with another aircraft category 
rating must:
    (1) Meet the eligibility requirements of Sec. 61.153 of this part;
    (2) Pass a required knowledge test on the aeronautical knowledge 
areas of Sec. 61.155(c) of this part;
    (3) Comply with the requirements in Sec. 61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec. 61.163 of this part; and
    (5) Pass the required practical test on the areas of operation of 
Sec. 61.157(e)(3) of this part.
    (e) Additional class rating within the same aircraft category. A 
person applying for an airline transport certificate with an additional 
class rating who holds an airline transport certificate in the same 
aircfaft category must--
    (1) Meet the eligibility requirements of Sec. 61.153, except 
paragraph (f) of that section;
    (2) Comply with the requirements in Sec. 61.157(b) of this part, if 
applicable;
    (3) Meet the applicable aeronautical experience requirements of 
subpart G of this part; and
    (4) Pass a practical test on the areas of operation of Sec. 
61.157(e) appropriate to the aircraft rating sought.
    (f) Category class ratings for the operation of aircraft with 
experimental certificates. Notwithstanding the provisions of paragraphs 
(a) through (e) of this section, a person holding an airline transport 
certificate may apply for a category and class rating limited to a 
specific make and model of experimental aircraft, provided--
    (1) The person has logged at least 5 hours flight time while acting 
as pilot in command in the same category,

[[Page 98]]

class, make, and model of aircraft that has been issued an experimental 
certificate;
    (2) The person has received a logbook endorsement from an authorized 
instructor who has determined that he or she is proficient to act as 
pilot in command of the same category, class, make, and model of 
aircraft for which application is made; and
    (3) The flight time specified in paragraph (f)(1) of this section 
must be logged between September 1, 2004 and August 31, 2005.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-110, 69 FR 44869, July 27, 2004]



Sec. 61.167  Privileges.

    (a) A person who holds an airline transport pilot certificate is 
entitled to the same privileges as those afforded a person who holds a 
commercial pilot certificate with an instrument rating.
    (b) 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 and endorse the logbook or other training 
record of the person to whom training has been given;
    (2) In flight simulators, and flight training devices representing 
the aircraft referenced in paragraph (b)(1) of this section, when 
instructing under the provisions of this section and endorse the logbook 
or other training record of the person to whom training has been given;
    (3) Only as provided in this section, unless the airline transport 
pilot also holds a flight instructor certificate, in which case the 
holder may exercise the instructor privileges of subpart H of part 61 
for which he or she is rated; and
    (4) In an aircraft, only if the aircraft has functioning dual 
controls, when instructing under the provisions of this section.
    (c) 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.
    (d) 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. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. Sec. 61.169-69.171  [Reserved]



Subpart H_Flight Instructors Other than Flight Instructors With a Sport 
                              Pilot Rating



Sec. 61.181  Applicability.

    This subpart prescribes the requirements for the issuance of flight 
instructor certificates and ratings (except for flight instructor 
certificates with a sport pilot rating), the conditions under which 
those certificates and ratings are necessary, and the limitations on 
those certificates and ratings.

[Doc. No. FAA-2001-11133, 69 FR 44869, July 27, 2004]



Sec. 61.183  Eligibility requirements.

    To be eligible for a flight instructor certificate or rating a 
person must:
    (a) Be at least 18 years of age;
    (b) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's flight instructor certificate as are 
necessary;
    (c) Hold either a commercial pilot certificate or airline transport 
pilot certificate with:
    (1) An aircraft category and class rating that is appropriate to the 
flight instructor rating sought; and
    (2) An instrument rating, or privileges on that person's pilot 
certificate that are appropriate to the flight instructor rating sought, 
if applying for--
    (i) A flight instructor certificate with an airplane category and 
single-engine class rating;

[[Page 99]]

    (ii) A flight instructor certificate with an airplane category and 
multiengine class rating;
    (iii) A flight instructor certificate with a powered-lift rating; or
    (iv) A flight instructor certificate with an instrument rating.
    (d) Receive a logbook endorsement from an authorized instructor on 
the fundamentals of instructing listed in Sec. 61.185 of this part 
appropriate to the required knowledge test;
    (e) Pass a knowledge test on the areas listed in Sec. 61.185(a)(1) 
of this part, unless the applicant:
    (1) Holds a flight instructor certificate or ground instructor 
certificate issued under this part;
    (2) Holds a current teacher's certificate issued by a State, county, 
city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) Is employed as a teacher at an accredited college or university.
    (f) Pass a knowledge test on the aeronautical knowledge areas listed 
in Sec. 61.185(a)(2) and (a)(3) of this part that are appropriate to 
the flight instructor rating sought;
    (g) Receive a logbook endorsement from an authorized instructor on 
the areas of operation listed in Sec. 61.187(b) of this part, 
appropriate to the flight instructor rating sought;
    (h) Pass the required practical test that is appropriate to the 
flight instructor rating sought in an:
    (1) Aircraft that is representative of the category and class of 
aircraft for the aircraft rating sought; or
    (2) Flight simulator or approved flight training device that is 
representative of the category and class of aircraft for the rating 
sought, and used in accordance with a course at a training center 
certificated under part 142 of this chapter.
    (i) Accomplish the following for a flight instructor certificate 
with an airplane or a glider rating:
    (1) Receive a logbook endorsement from an authorized instructor 
indicating that the applicant is competent and possesses instructional 
proficiency in stall awareness, spin entry, spins, and spin recovery 
procedures after providing the applicant with flight training in those 
training areas in an airplane or glider, as appropriate, that is 
certificated for spins; and
    (2) Demonstrate instructional proficiency in stall awareness, spin 
entry, spins, and spin recovery procedures. However, upon presentation 
of the endorsement specified in paragraph (i)(1) of this section an 
examiner may accept that endorsement as satisfactory evidence of 
instructional proficiency in stall awareness, spin entry, spins, and 
spin recovery procedures for the practical test, provided that the 
practical test is not a retest as a result of the applicant failing the 
previous test for deficiencies in the knowledge or skill of stall 
awareness, spin entry, spins, or spin recovery instructional procedures. 
If the retest is a result of deficiencies in the ability of an applicant 
to demonstrate knowledge or skill of stall awareness, spin entry, spins, 
or spin recovery instructional procedures, the examiner must test the 
person on stall awareness, spin entry, spins, and spin recovery 
instructional procedures in an airplane or glider, as appropriate, that 
is certificated for spins;
    (j) Log at least 15 hours as pilot in command in the category and 
class of aircraft that is appropriate to the flight instructor rating 
sought; and
    (k) Comply with the appropriate sections of this part that apply to 
the flight instructor rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. 61.185  Aeronautical knowledge.

    (a) A person who is applying for a flight instructor certificate 
must receive and log ground training from an authorized instructor on:
    (1) Except as provided in paragraph (b) of this section, the 
fundamentals of instructing, including:
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (2) The aeronautical knowledge areas for a recreational, private, 
and commercial pilot certificate applicable to the aircraft category for 
which flight instructor privileges are sought; and
    (3) The aeronautical knowledge areas for the instrument rating 
applicable to

[[Page 100]]

the category for which instrument flight instructor privileges are 
sought.
    (b) The following applicants do not need to comply with paragraph 
(a)(1) of this section:
    (1) The holder of a flight instructor certificate or ground 
instructor certificate issued under this part;
    (2) The holder of a current teacher's certificate issued by a State, 
county, city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) A person employed as a teacher at an accredited college or 
university.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. 61.187  Flight proficiency.

    (a) General. A person who is applying for a flight instructor 
certificate must receive and log flight and ground training from an 
authorized instructor on the areas of operation listed in this section 
that apply to the flight instructor rating sought. The applicant's 
logbook must contain an endorsement from an authorized instructor 
certifying that the person is proficient to pass a practical test on 
those areas of operation.
    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight, stalls, and spins;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight and stalls;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations;
    (xiv) Multiengine operations; and
    (xv) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;
    (x) Performance maneuvers;
    (xi) Emergency operations;
    (xii) Special operations; and
    (xiii) Postflight procedures.
    (4) For a rotorcraft category rating with a gyroplane class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Flight at slow airspeeds;
    (xi) Ground reference maneuvers;
    (xii) Emergency operations; and
    (xiii) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;

[[Page 101]]

    (x) Performance maneuvers;
    (xi) Ground reference maneuvers;
    (xii) Slow flight and stalls;
    (xiii) Basic instrument maneuvers;
    (xiv) Emergency operations;
    (xv) Special operations; and
    (xvi) Postflight procedures.
    (6) For a glider category rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and gliderport operations;
    (vii) Launches, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance speeds;
    (x) Soaring techniques;
    (xi) Performance maneuvers;
    (xii) Slow flight, stalls, and spins;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    (7) For an instrument rating with the appropriate aircraft category 
and class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Air traffic control clearances and procedures;
    (vi) Flight by reference to instruments;
    (vii) Navigation aids;
    (viii) Instrument approach procedures;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (c) The flight training required by this section may be 
accomplished:
    (1) In an aircraft that is representative of the category and class 
of aircraft for the rating sought; or
    (2) In a flight simulator or flight training device representative 
of the category and class of aircraft for the rating sought, and used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. 61.189  Flight instructor records.

    (a) A flight instructor must sign the logbook of each person to whom 
that instructor has given flight training or ground training.
    (b) A flight instructor must maintain a record in a logbook or a 
separate document that contains the following:
    (1) The name of each person whose logbook or student pilot 
certificate that instructor has endorsed for solo flight privileges, and 
the date of the endorsement; and
    (2) The name of each person that instructor has endorsed for a 
knowledge test or practical test, and the record shall also indicate the 
kind of test, the date, and the results.
    (c) Each flight instructor must retain the records required by this 
section for at least 3 years.



Sec. 61.191  Additional flight instructor ratings.

    (a) A person who applies for an additional flight instructor rating 
on a flight instructor certificate must meet the eligibility 
requirements listed in Sec. 61.183 of this part that apply to the 
flight instructor rating sought.
    (b) A person who applies for an additional rating on a flight 
instructor certificate is not required to pass the knowledge test on the 
areas listed in Sec. 61.185(a)(1) of this part.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. 61.193  Flight instructor privileges.

    A person who holds a flight instructor certificate is authorized 
within the limitations of that person's flight instructor certificate 
and ratings to give training and endorsements that are required for, and 
relate to:
    (a) A student pilot certificate;
    (b) A pilot certificate;
    (c) A flight instructor certificate;
    (d) A ground instructor certificate;
    (e) An aircraft rating;
    (f) An instrument rating;
    (g) A flight review, operating privilege, or recency of experience 
requirement of this part;
    (h) A practical test; and
    (i) A knowledge test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]

[[Page 102]]



Sec. 61.195  Flight instructor limitations and qualifications.

    A person who holds a flight instructor certificate is subject to the 
following limitations:
    (a) Hours of training. In any 24-consecutive-hour period, a flight 
instructor may not conduct more than 8 hours of flight training.
    (b) Aircraft ratings. A flight instructor may not conduct flight 
training in any aircraft for which the flight instructor does not hold:
    (1) A pilot certificate and flight instructor certificate with the 
applicable category and class rating; and
    (2) If appropriate, a type rating.
    (c) Instrument Rating. A flight instructor who provides instrument 
flight training for the issuance of an instrument rating or a type 
rating not limited to VFR must hold an instrument rating on his or her 
flight instructor certificate and pilot certificate that is appropriate 
to the category and class of aircraft in which instrument training is 
being provided.
    (d) Limitations on endorsements. A flight instructor may not endorse 
a:
    (1) Student pilot's certificate or logbook for solo flight 
privileges, unless that flight instructor has--
    (i) Given that student the flight training required for solo flight 
privileges required by this part; and
    (ii) Determined that the student is prepared to conduct the flight 
safely under known circumstances, subject to any limitations listed in 
the student's logbook that the instructor considers necessary for the 
safety of the flight.
    (2) Student pilot's certificate and logbook for a solo cross-country 
flight, unless that flight instructor has determined the student's 
flight preparation, planning, equipment, and proposed procedures are 
adequate for the proposed flight under the existing conditions and 
within any limitations listed in the logbook that the instructor 
considers necessary for the safety of the flight;
    (3) Student pilot's certificate and logbook for solo flight in a 
Class B airspace area or at an airport within Class B airspace unless 
that flight instructor has--
    (i) Given that student ground and flight training in that Class B 
airspace or at that airport; and
    (ii) Determined that the student is proficient to operate the 
aircraft safely.
    (4) Logbook of a recreational pilot, unless that flight instructor 
has--
    (i) Given that pilot the ground and flight training required by this 
part; and
    (ii) Determined that the recreational pilot is proficient to operate 
the aircraft safely.
    (5) Logbook of a pilot for a flight review, unless that instructor 
has conducted a review of that pilot in accordance with the requirements 
of Sec. 61.56(a) of this part; or
    (6) Logbook of a pilot for an instrument proficiency check, unless 
that instructor has tested that pilot in accordance with the 
requirements of Sec. 61.57(d) of this part.
    (e) Training in an aircraft that requires a type rating. A flight 
instructor may not give flight training in an aircraft that requires the 
pilot in command to hold a type rating unless the flight instructor 
holds a type rating for that aircraft on his or her pilot certificate.
    (f) Training received in a multiengine airplane, a helicopter, or a 
powered-lift. A flight instructor may not give training required for the 
issuance of a certificate or rating in a multiengine airplane, a 
helicopter, or a powered-lift unless that flight instructor has at least 
5 flight hours of pilot-in-command time in the specific make and model 
of multiengine airplane, helicopter, or powered-lift, as appropriate.
    (g) Position in aircraft and required pilot stations for providing 
flight training.
    (1) A flight instructor must perform all training from in an 
aircraft that complies with the requirements of Sec. 91.109 of this 
chapter.
    (2) A flight instructor who provides flight training for a pilot 
certificate or rating issued under this part must provide that flight 
training in an aircraft that meets the following requirements--
    (i) The aircraft must have at least two pilot stations and be of the 
same category, class, and type, if appropriate, that applies to the 
pilot certificate or rating sought.

[[Page 103]]

    (ii) For single-place aircraft, the pre-solo flight training must 
have been provided in an aircraft that has two pilot stations and is of 
the same category, class, and type, if appropriate.
    (h) Qualifications of the flight instructor for training first-time 
flight instructor applicants. (1) The ground training provided to an 
initial applicant for a flight instructor certificate must be given by 
an authorized instructor who--
    (i) Holds a current ground or flight instructor certificate with the 
appropriate rating, has held that certificate for at least 24 months, 
and has given at least 40 hours of ground training; or
    (ii) Holds a current ground or flight instructor certificate with 
the appropriate rating, and has given at least 100 hours of ground 
training in an FAA-approved course.
    (2) Except for an instructor who meets the requirements of paragraph 
(h)(3)(ii) of this section, a flight instructor who provides training to 
an initial applicant for a flight instructor certificate must--
    (i) Meet the eligibility requirements prescribed in Sec. 61.183 of 
this part;
    (ii) Hold the appropriate flight instructor certificate and rating;
    (iii) Have held a flight instructor certificate for at least 24 
months;
    (iv) For training in preparation for an airplane, rotorcraft, or 
powered-lift rating, have given at least 200 hours of flight training as 
a flight instructor; and
    (v) For training in preparation for a glider rating, have given at 
least 80 hours of flight training as a flight instructor.
    (3) A flight instructor who serves as a flight instructor in an FAA-
approved course for the issuance of a flight instructor rating must hold 
a current flight instructor certificate with the appropriate rating and 
pass the required initial and recurrent flight instructor proficiency 
tests, in accordance with the requirements of the part under which the 
FAA-approved course is conducted, and must--
    (i) Meet the requirements of paragraph (h)(2) of this section; or
    (ii) Have trained and endorsed at least five applicants for a 
practical test for a pilot certificate, flight instructor certificate, 
ground instructor certificate, or an additional rating, and at least 80 
percent of those applicants passed that test on their first attempt; and
    (A) Given at least 400 hours of flight training as a flight 
instructor for training in an airplane, a rotorcraft, or for a powered-
lift rating; or
    (B) Given at least 100 hours of flight training as a flight 
instructor, for training in a glider rating.
    (i) Prohibition against self-endorsements. A flight instructor shall 
not make any self-endorsement for a certificate, rating, flight review, 
authorization, operating privilege, practical test, or knowledge test 
that is required by this part.
    (j) Additional qualifications required to give training in Category 
II or Category III operations. A flight instructor may not give training 
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 of this part, as applicable.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. 61.197  Renewal of flight instructor certificates.

    (a) A person who holds a flight instructor certificate that has not 
expired may renew that certificate by--
    (1) Passing a practical test for--
    (i) One of the ratings listed on the current flight instructor 
certificate; or
    (ii) An additional flight instructor rating; or
    (2) Presenting to an authorized FAA Flight Standards Inspector--
    (i) A record of training students showing that, during the preceding 
24 calendar months, the flight instructor has endorsed at least five 
students for a practical test for a certificate or rating and at least 
80 percent of those students passed that test on the first attempt;
    (ii) A record showing that, within the preceding 24 calendar months, 
the flight instructor has served as a company check pilot, chief flight 
instructor, company check airman, or flight instructor in a part 121 or 
part 135 operation, or in a position involving the regular evaluation of 
pilots; or

[[Page 104]]

    (iii) A graduation certificate showing that, within the preceding 3 
calendar months, the person has successfully completed an approved 
flight instructor refresher course consisting of ground training or 
flight training, or a combination of both.
    (b) The expiration month of a renewed flight instructor certificate 
shall be 24 calendar months from--
    (1) The month the renewal requirements of paragraph (a) of this 
section are accomplished; or
    (2) The month of expiration of the current flight instructor 
certificate provided--
    (i) The renewal requirements of paragraph (a) of this section are 
accomplished within the 3 calendar months preceding the expiration month 
of the current flight instructor certificate, and
    (ii) If the renewal is accomplished under paragraph (a)(2)(iii) of 
this section, the approved flight instructor refresher course must be 
completed within the 3 calendar months preceding the expiration month of 
the current flight instructor certificate.
    (c) The practical test required by paragraph (a)(1) of this section 
may be accomplished in a flight simulator or 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. 25910, 63 FR 20289, Apr. 23, 1998]



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 with the same ratings by passing a practical test as 
prescribed in Sec. 61.183(h) of this part for one of the ratings listed 
on the expired flight instructor certificate.
    (b) Flight instructor ratings. (1) 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.
    (2) The holder of a flight instructor rating or a limited flight 
instructor rating on a pilot certificate may be issued a flight 
instructor certificate with the current ratings, but only if the person 
passes the required knowledge and practical test prescribed in this 
subpart for the issuance of the current flight instructor certificate 
and rating.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-104, 
63 FR 20289, Apr. 23, 1998]



Sec. 61.201  [Reserved]



                      Subpart I_Ground Instructors



Sec. 61.211  Applicability.

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



Sec. 61.213  Eligibility requirements.

    (a) To be eligible for a ground instructor certificate or rating a 
person must:
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's ground instructor certificate as are 
necessary;
    (3) Except as provided in paragraph (b) of this section, pass a 
knowledge test on the fundamentals of instructing to include--
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (4) Pass a knowledge test on the aeronautical knowledge areas in--
    (i) For a basic ground instructor rating Sec. Sec. 61.97, 61.105, 
and 61.309;
    (ii) For an advanced ground instructor rating Sec. Sec. 61.97, 
61.105, 61.125, 61.155, and 61.309; and
    (iii) For an instrument ground instructor rating, Sec. 61.65.
    (b) The knowledge test specified in paragraph (a)(3) of this section 
is not required if the applicant:

[[Page 105]]

    (1) Holds a ground instructor certificate or flight instructor 
certificate issued under this part;
    (2) Holds a current teacher's certificate issued by a State, county, 
city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) Is employed as a teacher at an accredited college or university.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44869, July 27, 2004]



Sec. 61.215  Ground instructor privileges.

    (a) A person who holds a basic ground instructor rating is 
authorized to provide--
    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of a sport pilot certificate, recreational pilot 
certificate, private pilot certificate, or associated ratings under this 
part;
    (2) Ground training required for a sport pilot, recreational pilot, 
and private pilot flight review; and
    (3) A recommendation for a knowledge test required for the issuance 
of a sport pilot certificate, recreational pilot certificate, or private 
pilot certificate under this part.
    (b) A person who holds an advanced ground instructor rating is 
authorized to provide:
    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of any certificate or rating under this part;
    (2) Ground training required for any flight review; and
    (3) A recommendation for a knowledge test required for the issuance 
of any certificate under this part.
    (c) A person who holds an instrument ground instructor rating is 
authorized to provide:
    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of an instrument rating under this part;
    (2) Ground training required for an instrument proficiency check; 
and
    (3) A recommendation for a knowledge test required for the issuance 
of an instrument rating under this part.
    (d) A person who holds a ground instructor certificate is 
authorized, within the limitations of the ratings on the ground 
instructor certificate, to endorse the logbook or other training record 
of a person to whom the holder has provided the training or 
recommendation specified in paragraphs (a) through (c) of this section.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 
69 FR 44869, July 27, 2004]



Sec. 61.217  Recent experience requirements.

    The holder of a ground instructor certificate may not perform the 
duties of a ground instructor unless, within the preceding 12 months:
    (a) The person has served for at least 3 months as a ground 
instructor; or
    (b) The person has received an endorsement from an authorized ground 
or flight instructor certifying that the person has demonstrated 
safisfactory proficiency in the subject areas prescribed in Sec. 61.213 
(a)(3) and (a)(4), as applicable.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



                         Subpart J_Sport Pilots

    Source: Docket No. FAA-2001-11133, 69 FR 44869, July 27, 2004, 
unless otherwise noted.



Sec. 61.301  What is the purpose of this subpart and to whom does it 
apply?

    (a) This subpart prescribes the following requirements that apply to 
a sport pilot certificate:
    (1) Eligibility.
    (2) Aeronautical knowledge.
    (3) Flight proficiency.
    (4) Aeronautical experience.
    (5) Endorsements.
    (6) Privileges and limits.
    (7) Transition provisions for registered ultralight pilots.
    (b) Other provisions of this part apply to the logging of flight 
time and testing.
    (c) This subpart applies to applicants for, and holders of, sport 
pilot certificates. It also applies to holders of recreational pilot 
certificates and higher, as provided in Sec. 61.303.

[[Page 106]]



Sec. 61.303  If I want to operate a light-sport aircraft, what 

operating limits and endorsement requirements in this subpart 
must I comply with?

    (a) Use the following table to determine what operating limits and 
endorsement requirements in this subpart, if any, apply to you when you 
operate a light-sport aircraft. The medical certificate specified in 
this table must be valid. If you hold a recreational pilot certificate, 
but not a medical certificate, you must comply with cross-country 
requirements in Sec. 61.101 (c), even if your flight does not exceed 50 
nautical miles from your departure airport. You must also comply with 
requirements in other subparts of this part that apply to your 
certificate and the operation you conduct.

----------------------------------------------------------------------------------------------------------------
             If you hold                     And you hold         Then you may operate             And
----------------------------------------------------------------------------------------------------------------
(1) A medical certificate............  (i) A sport pilot        (A) Any light sport      (1) You must hold any
                                        certificate,.            aircraft for which you   other endorsements
                                                                 hold the endorsements    required by this
                                                                 required for its         subpart, and comply
                                                                 category, class, make    with the limitations
                                                                 and model,               in Sec. 61.315.
                                       (ii) At least a          (A) Any light sport      (1) You do not have to
                                        recreational pilot       aircraft in that         hold any of the
                                        certificate with a       category and class,      endorsements required
                                        category and class                                by this subpart, nor
                                        rating,                                           do you have to comply
                                                                                          with the limitations
                                                                                          in Sec. 61.315.
                                       (iii) At least a         (A) That light sport     (1) You must comply
                                        recreational pilot       aircraft, only if you    with the limitations
                                        certificate but not a    hold the endorsements    in Sec. 61.315,
                                        rating for the           required in Sec. except Sec.
                                        category and class of    61.321 for its           61.315(c)(14) and, if
                                        light sport aircraft     category and class,      a private pilot or
                                        you operate,                                      higher, Sec.
                                                                                          61.315(c)(7).
(2) Only a U.S. driver's license.....  (i) A sport pilot        (A) Any light sport      (1) You must hold any
                                        certificate,             aircraft for which you   other endorsements
                                                                 hold the endorsements    required by this
                                                                 required for its         subpart, and comply
                                                                 category, class, make    with the limitations
                                                                 and model,               in Sec. 61.315.
                                       (ii) At least a          (A) Any light sport      (1) You do not have to
                                        recreational pilot       aircraft in that         hold any of the
                                        certificate with a       category and class,      endorsements required
                                        category and class                                by this subpart, but
                                        rating,                                           you must comply with
                                                                                          the limitations in
                                                                                          Sec. 61.315.
                                       (iii) At least a         (A) That light sport     (1) You must comply
                                        recreational pilot       aircraft, only if you    with the limitations
                                        certificate but not a    hold the endorsements    in Sec. 61.315,
                                        rating for the           required in Sec. except Sec.
                                        category and class of    61.321 for its           61.315(c)(14) and, if
                                        light-sport aircraft     category and class,      a private pilot or
                                        you operate,                                      higher, Sec.
                                                                                          61.315(c)(7).
(3) Neither a medical certificate nor  (i) A sport pilot        (A) Only a light sport   (1) You must hold any
 a U.S. driver's license                certificate,             glider or balloon for    other endorsements
                                                                 which you hold the       required by this
                                                                 endorsements required    subpart, and comply
                                                                 for its category,        with the limitations
                                                                 class, make and model,   in Sec. 61.315.
                                       (ii) At least a private  (A) Only a light sport   (1) You do not have to
                                        pilot certificate with   glider or balloon in     hold any of the
                                        a category and class     that category and        endorsements required
                                        rating for glider or     class,                   by this subpart, but
                                        balloon,                                          you must comply with
                                                                                          the limitations in
                                                                                          Sec. 61.315.
                                       (iii) At least a         (A) Only a light sport   (1) You must comply
                                        private pilot            glider or balloon, if    with the limitations
                                        certificate but not a    you hold the             in Sec. 61.315,
                                        rating for glider or     endorsements required    except Sec.
                                        balloon,                 in Sec. 61.321 for     61.315(c)(14) and, if
                                                                 its category and         a private pilot or
                                                                 class,                   higher, Sec.
                                                                                          61.315(c)(7).
----------------------------------------------------------------------------------------------------------------

    (b) A person using a current and valid U.S. driver's license to meet 
the requirements of this paragraph must--
    (1) Comply with each restriction and limitation imposed by that 
person's U.S. driver's license and any judicial or administrative order 
applying to the operation of a motor vehicle;
    (2) Have been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application (if the person has applied for a medical certificate);
    (3) Not have had his or her most recently issued medical certificate 
(if the

[[Page 107]]

person has held a medical certificate) suspended or revoked or most 
recent Authorization for a Special Issuance of a Medical Certificate 
withdrawn; and
    (4) Not know or have reason to know of any medical condition that 
would make that person unable to operate a light-sport aircraft in a 
safe manner.



Sec. 61.305  What are the age and language requirements for a sport 
pilot certificate?

    (a) To be eligible for a sport pilot certificate you must:
    (1) Be at least 17 years old (or 16 years old if you are applying to 
operate a glider or balloon).
    (2) Be able to read, speak, write, and understand English. If you 
cannot read, speak, write, and understand English because of medical 
reasons, the FAA may place limits on your certificate as are necessary 
for the safe operation of light-sport aircraft.



Sec. 61.307  What tests do I have to take to obtain a sport pilot 
certificate?

    To obtain a sport pilot certificate, you must pass the following 
tests:
    (a) Knowledge test. You must pass a knowledge test on the applicable 
aeronautical knowledge areas listed in Sec. 61.309. Before you may take 
the knowledge test for a sport pilot certificate, you must receive a 
logbook endorsement from the authorized instructor who trained you or 
reviewed and evaluated your home-study course on the aeronautical 
knowledge areas listed in Sec. 61.309 certifying you are prepared for 
the test.
    (b) Practical test. You must pass a practical test on the applicable 
areas of operation listed in Sec. Sec. 61.309 and 61.311. Before you 
may take the practical test for a sport pilot certificate, you must 
receive a logbook endorsement from the authorized instructor who 
provided you with flight training on the areas of operation specified in 
Sec. Sec. 61.309 and 61.311 in preparation for the practical test. This 
endorsement certifies that you meet the applicable aeronautical 
knowledge and experience requirements and are prepared for the practical 
test.



Sec. 61.309  What aeronautical knowledge must I have to apply for a 
sport pilot certificate?

    Except as specified in Sec. 61.329, to apply for a sport pilot 
certificate you must receive and log ground training from an authorized 
instructor or complete a home-study course on the following aeronautical 
knowledge areas:
    (a) Applicable regulations of this chapter that relate to sport 
pilot privileges, limits, and flight operations.
    (b) Accident reporting requirements of the National Transportation 
Safety Board.
    (c) Use of the applicable portions of the aeronautical information 
manual and FAA advisory circulars.
    (d) Use of aeronautical charts for VFR navigation using pilotage, 
dead reckoning, and navigation systems, as appropriate.
    (e) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts.
    (f) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence.
    (g) Effects of density altitude on takeoff and climb performance.
    (h) Weight and balance computations.
    (i) Principles of aerodynamics, powerplants, and aircraft systems.
    (j) Stall awareness, spin entry, spins, and spin recovery 
techniques, as applicable.
    (k) Aeronautical decision making and risk management.
    (l) Preflight actions that include--
    (1) How to get information on runway lengths at airports of intended 
use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (2) How to plan for alternatives if the planned flight cannot be 
completed or if you encounter delays.



Sec. 61.311  What flight proficiency requirements must I meet to apply 
for a sport pilot certificate?

    Except as specified in Sec. 61.329, to apply for a sport pilot 
certificate you must receive and log ground and flight training from an 
authorized instructor

[[Page 108]]

on the following areas of operation, as appropriate, for airplane 
single-engine land or sea, glider, gyroplane, airship, balloon, powered 
parachute land or sea, and weight-shift-control aircraft land or sea 
privileges:
    (a) Preflight preparation.
    (b) Preflight procedures.
    (c) Airport, seaplane base, and gliderport operations, as 
applicable.
    (d) Takeoffs (or launches), landings, and go-arounds.
    (e) Performance maneuvers, and for gliders, performance speeds.
    (f) Ground reference maneuvers (not applicable to gliders and 
balloons).
    (g) Soaring techniques (applicable only to gliders).
    (h) Navigation.
    (i) Slow flight (not applicable to lighter-than-air aircraft and 
powered parachutes).
    (j) Stalls (not applicable to lighter-than-air aircraft, gyroplanes, 
and powered parachutes).
    (k) Emergency operations.
    (l) Post-flight procedures.



Sec. 61.313  What aeronautical experience must I have to apply for a 
sport pilot certificate?

    Except as specified in Sec. 61.329, use the following table to 
determine the aeronautical experience you must have to apply for a sport 
pilot certificate:

------------------------------------------------------------------------
                                                      Which must include
 If you are applying for a sport   Then you must log    at least . . .
  pilot certificate with . . .      at least . . .
------------------------------------------------------------------------
(a) Airplane category and single- (1) 20 hours of     (i) 2 hours of
 engine land or sea class          flight time,        cross-country
 privileges,                       including at        flight training,
                                   least 15 hours of   (ii) 10 takeoffs
                                   flight training     and landings to a
                                   from an             full stop (with
                                   authorized          each landing
                                   instructor in a     involving a
                                   single-engine       flight in the
                                   airplane and at     traffic pattern)
                                   least 5 hours of    at an airport,
                                   solo flight         (iii) One solo
                                   training in the     cross-country
                                   areas of            flight of at
                                   operation listed    least 75 nautical
                                   in Sec. 61.311,   miles total
                                                       distance, with a
                                                       full-stop landing
                                                       at a minimum of
                                                       two points and
                                                       one segment of
                                                       the flight
                                                       consisting of a
                                                       straight-line
                                                       distance of at
                                                       least 25 nautical
                                                       miles between the
                                                       takeoff and
                                                       landing
                                                       locations, and
                                                       (iv) 3 hours of
                                                       flight training
                                                       on those areas of
                                                       operation
                                                       specified in Sec.
                                                         61.311
                                                       preparing for the
                                                       practical test
                                                       within 60 days
                                                       before the date
                                                       of the test.
(b) Glider category privileges,   (1) 10 hours of     (i) Five solo
 and you have not logged at        flight time in a    launches and
 least 20 hours of flight time     glider, including   landings, and
 in a heavier-than-air aircraft,   10 flights in a     (ii) 3 hours of
                                   glider receiving    flight training
                                   flight training     on those areas of
                                   from an             operation
                                   authorized          specified in Sec.
                                   instructor and at     61.311
                                   least 2 hours of    preparing for the
                                   solo flight         practical test
                                   training in the     within 60 days
                                   areas of            before the date
                                   operation listed    of the test.
                                   in Sec. 61.311,
(c) Glider category privileges,   (1) 3 hours of      (i) Three solo
 and you have logged 20 hours      flight time in a    launches and
 flight time in a heavier-than-    glider, including   landings, and
 air aircraft,                     five flights in a   (ii) 3 hours of
                                   glider while        flight training
                                   receiving flight    on those areas of
                                   training from an    operation
                                   authorized          specified in Sec.
                                   instructor and at     61.311,
                                   least 1 hour of     preparing for the
                                   solo flight         practical test
                                   training in the     within 60 days
                                   areas of            before the date
                                   operation listed    of the test.
                                   in Sec. 61.311,
(d) Rotorcraft category and       (1) 20 hours of     (i) 2 hours of
 gyroplane class privileges,       flight time,        cross-country
                                   including 15        flight training,
                                   hours of flight     (ii) 10 takeoffs
                                   training from an    and landings to a
                                   authorized          full stop (with
                                   instructor in a     each landing
                                   gyroplane and at    involving a
                                   least 5 hours of    flight in the
                                   solo flight         traffic pattern)
                                   training in the     at an airport,
                                   areas of            (iii) One solo
                                   operation listed    cross-country
                                   in Sec. 61.311,   flight of at
                                                       least 50 nautical
                                                       miles total
                                                       distance, with a
                                                       full-stop landing
                                                       at a minimum of
                                                       two points, and
                                                       one segment of
                                                       the flight
                                                       consisting of a
                                                       straight-line
                                                       distance of at
                                                       least 25 nautical
                                                       miles between the
                                                       takeoff and
                                                       landing
                                                       locations, and
                                                       (iv) 3 hours of
                                                       flight training
                                                       on those areas of
                                                       operation
                                                       specified in Sec.
                                                         61.311
                                                       preparing for the
                                                       practical test
                                                       within 60 days
                                                       before the date
                                                       of the test.

[[Page 109]]

 
(e) Lighter-than-air category     (1) 20 hours of     (i) 2 hours of
 and airship class privileges,     flight time,        cross-country
                                   including 15        flight training,
                                   hours of flight     (ii) Three
                                   training from an    takeoffs and
                                   authorized          landings to a
                                   instructor in an    full stop (with
                                   airship and at      each landing
                                   least 3 hours       involving a
                                   performing the      flight in the
                                   duties of pilot     traffic pattern)
                                   in command in an    at an airport,
                                   airship with an     (iii) One cross-
                                   authorized          country flight of
                                   instructor in the   at least 25
                                   areas of            nautical miles
                                   operation listed    between the
                                   in Sec. 61.311,   takeoff and
                                                       landing
                                                       locations, and
                                                       (iv) 3 hours of
                                                       flight training
                                                       on those areas of
                                                       operation
                                                       specified in Sec.
                                                         61.311
                                                       preparing for the
                                                       practical test
                                                       within 60 days
                                                       before the date
                                                       of the test.
(f) Lighter-than-air category     (1) 7 hours of      (i) 2 hours of
 and balloon class privileges,     flight time in a    cross-country
                                   balloon,            flight training,
                                   including three     and (ii) 3 hours
                                   flights with an     of flight
                                   authorized          training on those
                                   instructor and      areas of
                                   one flight          operation
                                   performing the      specified in Sec.
                                   duties of pilot       61.311
                                   in command in a     preparing for the
                                   balloon with an     practical test
                                   authorized          within 60 days
                                   instructor in the   before the date
                                   areas of            of the test.
                                   operation listed
                                   in Sec. 61.311,
(g) Powered parachute category    (1) 12 hours of     (i) 1 hour of
 land or sea class privileges,     flight time in a    cross-country
                                   powered             flight training,
                                   parachute,          (ii) 20 takeoffs
                                   including 10        and landings to a
                                   hours flight        full stop in a
                                   training and, and   powered parachute
                                   at least 2 hours    with each landing
                                   solo flight         involving flight
                                   training in the     in the traffic
                                   areas of            pattern at an
                                   operation listed    airport; (iii) 10
                                   in Sec. 61.311.   solo takeoffs and
                                                       landings to a
                                                       full stop (with
                                                       each landing
                                                       involving a
                                                       flight in the
                                                       traffic pattern)
                                                       at an airport,
                                                       (iv) One solo
                                                       flight with a
                                                       landing at a
                                                       different airport
                                                       and one segment
                                                       of the flight
                                                       consisting of a
                                                       straight-line
                                                       distance of at
                                                       least 10 nautical
                                                       miles between
                                                       takeoff and
                                                       landing
                                                       locations, and
                                                       (v) 3 hours of
                                                       flight training
                                                       on those areas of
                                                       operation
                                                       specified in Sec.
                                                         61.311
                                                       preparing for the
                                                       practical test
                                                       within 60 days
                                                       before the date
                                                       of the test.
(h) Weight-shift-control          (1) 20 hours of     (i) 2 hours of
 aircraft category land or sea     light time,         cross-country
 class privileges,                 including 15        flight training,
                                   hours of flight     (ii) 10 takeoffs
                                   training from an    and landings to a
                                   authorized          full stop (with
                                   instructor in a     each landing
                                   weight-shift-       involving a
                                   control aircraft    flight in the
                                   and at least 5      traffic pattern)
                                   hours of solo       at an airport,
                                   flight training     (iii) One solo
                                   in the areas of     cross-country
                                   operation listed    flight of at
                                   in Sec. 61.311,   least 50 nautical
                                                       miles total
                                                       distance, with a
                                                       full-stop landing
                                                       at a minimum of
                                                       two points, and
                                                       one segment of
                                                       the flight
                                                       consisting of a
                                                       straight-line
                                                       distance of at
                                                       least 25 nautical
                                                       miles between
                                                       takeoff and
                                                       landing
                                                       locations, and
                                                       (iv) 3 hours of
                                                       flight training
                                                       on those areas of
                                                       operation
                                                       specified in Sec.
                                                         61.311
                                                       preparing for the
                                                       practical test
                                                       within 60 days
                                                       before the date
                                                       of the test.
------------------------------------------------------------------------



Sec. 61.315  What are the privileges and limits of my sport pilot 
certificate?

    (a) If you hold a sport pilot certificate you may act as pilot in 
command of a light-sport aircraft, except as specified in paragraph (c) 
of this section.
    (b) You may share the operating expenses of a flight with a 
passenger, provided the expenses involve only fuel, oil, airport 
expenses, or aircraft rental fees. You must pay at least half the 
operating expenses of the flight.
    (c) You may not act as pilot in command of a light-sport aircraft:
    (1) That is carrying a passenger or property for compensation or 
hire.
    (2) For compensation or hire.
    (3) In furtherance of a business.
    (4) While carrying more than one passenger.
    (5) At night.
    (6) In Class A airspace.
    (7) In Class B, C, and D airspace, at an airport located in Class B, 
C, or D airspace, and to, from, through, or at an airport having an 
operational control tower unless you have met the requirements specified 
in Sec. 61.325.

[[Page 110]]

    (8) Outside the United States, unless you have prior authorization 
from the country in which you seek to operate. Your sport pilot 
certificate carries the limit ``Holder does not meet ICAO 
requirements.''
    (9) To demonstrate the aircraft in flight to a prospective buyer if 
you are an aircraft salesperson.
    (10) In a passenger-carrying airlift sponsored by a charitable 
organization.
    (11) At an altitude of more than 10,000 feet MSL.
    (12) When the flight or surface visibility is less than 3 statute 
miles.
    (13) Without visual reference to the surface.
    (14) If the aircraft has a VH that exceeds 87 knots CAS, 
unless you have met the requirements of Sec. 61.327.
    (15) Contrary to any operating limitation placed on the 
airworthiness certificate of the aircraft being flown.
    (16) Contrary to any limit or endorsement on your pilot certificate, 
airman medical certificate, or any other limit or endorsement from an 
authorized instructor.
    (17) Contrary to any restriction or limitation on your U.S. driver's 
license or any restriction or limitation imposed by judicial or 
administrative order when using your driver's license to satisfy a 
requirement of this part.
    (18) While towing any object.
    (19) As a 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.



Sec. 61.317  Is my sport pilot certificate issued with aircraft category 
and class ratings?

    Your sport pilot certificate does not list aircraft category and 
class ratings. When you successfully pass the practical test for a sport 
pilot certificate, regardless of the light-sport aircraft privileges you 
seek, the FAA will issue you a sport pilot certificate without any 
category and class ratings. The FAA will provide you with a logbook 
endorsement for the category, class, and make and model of aircraft in 
which you are authorized to act as pilot in command.



Sec. 61.319  Can I operate a make and model of aircraft other than the 
make and model aircraft for which I have received an endorsement?

    If you hold a sport pilot certificate you may operate any make and 
model of light-sport aircraft in the same category and class and within 
the same set of aircraft as the make and model of aircraft for which you 
have received an endorsement.



Sec. 61.321  How do I obtain privileges to operate an additional 
category or class of light-sport aircraft?

    If you hold a sport pilot certificate and seek to operate an 
additional category or class of light-sport aircraft, you must--
    (a) Receive a logbook endorsement from the authorized instructor who 
trained you on the applicable aeronautical knowledge areas specified in 
Sec. 61.309 and areas of operation specified in Sec. 61.311. The 
endorsement certifies you have met the aeronautical knowledge and flight 
proficiency requirements for the additional light-sport aircraft 
privilege you seek;
    (b) Successfully complete a proficiency check from an authorized 
instructor other than the instructor who trained you on the aeronautical 
knowledge areas and areas of operation specified in Sec. Sec. 61.309 
and 61.311 for the additional light-sport aircraft privilege you seek;
    (c) Complete an application for those privileges on a form and in a 
manner acceptable to the FAA and present this application to the 
authorized instructor who conducted the proficiency check specified in 
paragraph (b) of this section; and
    (d) Receive a logbook endorsement from the instructor who conducted 
the proficiency check specified in paragraph (b) of this section 
certifying you are proficient in the applicable areas of operation and 
aeronautical knowledge areas, and that you are authorized for the 
additional category and class light-sport aircraft privilege.

[[Page 111]]



Sec. 61.323  How do I obtain privileges to operate a make and model of 

light-sport aircraft in the same category and class within a different 
set of aircraft?

    If you hold a sport pilot certificate and seek to operate a make and 
model of light-sport aircraft in the same category and class but within 
a different set of aircraft as the make and model of aircraft for which 
you have received an endorsement, you must--
    (a) Receive and log ground and flight training from an authorized 
instructor in a make and model of light-sport aircraft that is within 
the same set of aircraft as the make and model of aircraft you intend to 
operate;
    (b) Receive a logbook endorsement from the authorized instructor who 
provided you with the aircraft specific training specified in paragraph 
(a) of this section certifying you are proficient to operate the 
specific make and model of light-sport aircraft.



Sec. 61.325  How do I obtain privileges to operate a light-sport 

aircraft at an airport within, or in airspace within, Class B, C, 
and D airspace, or in other 
          airspace with an airport having an operational control tower?

    If you hold a sport pilot certificate and seek privileges to operate 
a light-sport aircraft in Class B, C, or D airspace, at an airport 
located in Class B, C, or D airspace, or to, from, through, or at an 
airport having an operational control tower, you must receive and log 
ground and flight training. The authorized instructor who provides this 
training must provide a logbook endorsement that certifies you are 
proficient in the following aeronautical knowledge areas and areas of 
operation:
    (a) The use of radios, communications, navigation system/facilities, 
and radar services.
    (b) Operations at airports with an operating control tower to 
include three takeoffs and landings to a full stop, with each landing 
involving a flight in the traffic pattern, at an airport with an 
operating control tower.
    (c) Applicable flight rules of part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances.



Sec. 61.327  How do I obtain privileges to operate a light-sport 
aircraft that has a VH greater than 87 knots CAS?

    If you hold a sport pilot certificate and you seek to operate a 
light-sport aircraft that has a VH greater than 87 knots CAS 
you must--
    (a) Receive and log ground and flight training from an authorized 
instructor in an aircraft that has a VH greater than 87 knots 
CAS; and
    (b) Receive a logbook endorsement from the authorized instructor who 
provided the training specified in paragraph (a) of this section 
certifying that you are proficient in the operation of light-sport 
aircraft with a VH greater than 87 knots CAS.



Sec. 61.329  Are there special provisions for obtaining a sport pilot 

certificate for persons who are registered ultralight pilots with an 
FAA-recognized 
          ultralight organization?

    (a) If you are a registered ultralight pilot with an FAA-recognized 
ultralight organization use the following table to determine how to 
obtain a sport pilot certificate.

------------------------------------------------------------------------
             If you are . . .                    Then you must . . .
------------------------------------------------------------------------
(1) A registered ultralight pilot with an   (i) Not later than January
 FAA-recognized ultralight organization on   31, 2007--
 or before September 1, 2004, and you want
 to apply for a sport pilot certificate
                                            (A) Meet the eligibility
                                             requirements in Sec. Sec.
                                              61.305 and 61.23, but not
                                             the aeronautical knowledge
                                             requirements specified in
                                             Sec. 61.309, the flight
                                             proficiency requirements
                                             specified in Sec. 61.311,
                                             and the aeronautical
                                             experience requirements
                                             specified in Sec. 61.313,
                                            (B) Pass the knowledge test
                                             for a sport pilot
                                             certificate specified in
                                             Sec. 61.307 or the
                                             knowledge test for a flight
                                             instructor certificate with
                                             a sport pilot rating
                                             specified in Sec. 61.405,
                                            (C) Pass the practical test
                                             for a sport pilot
                                             certificate specified in
                                             Sec. 61.307,
                                            (D) Provide the FAA with a
                                             certified copy of your
                                             ultralight pilot records
                                             from an FAA-recognized
                                             ultralight organization,
                                             and those records must

[[Page 112]]

 
                                            (1) Document that you are a
                                             registered ultralight pilot
                                             with that FAA-recognized
                                             ultralight organization,
                                             and
                                            (2) Indicate that you are
                                             recognized to operate each
                                             category and class of
                                             aircraft for which you seek
                                             sport pilot privileges.
(2) A registered ultralight pilot with an   (i) Meet the eligibility
 FAA-recognized ultralight organization      requirements in Sec. Sec.
 after September 1, 2004, and you want to     61.305 and 61.23,
 apply for a sport pilot certificate        (ii) Meet the aeronautical
                                             knowledge requirements
                                             specified in Sec. 61.309,
                                             the flight proficiency
                                             requirements specified in
                                             Sec. 61.311, and
                                             aeronautical experience
                                             requirements specified in
                                             Sec. 61.313; however, you
                                             may credit your ultralight
                                             aeronautical experience in
                                             accordance with Sec.
                                             61.52 toward the
                                             requirements in Sec. Sec.
                                              61.309, 61.311, and
                                             61.313,
                                            (iii) Pass the knowledge and
                                             practical tests for a sport
                                             pilot certificate specified
                                             in Sec. 61.307, and
                                            (iv) Provide the FAA with a
                                             certified copy of your
                                             ultralight pilot records
                                             from an FAA-recognized
                                             ultralight organization,
                                             and those records must
                                            (A) Document that you are a
                                             registered ultralight pilot
                                             with that FAA-recognized
                                             ultralight organization,
                                             and
                                            (B) Indicate that you are
                                             recognized to operate the
                                             category and class of
                                             aircraft for which you seek
                                             sport pilot privileges.
------------------------------------------------------------------------

    (b) When you successfully pass the practical test for a sport pilot 
certificate, the FAA will issue you a sport pilot certificate without 
any category and class ratings. The FAA will provide you with a logbook 
endorsement for the category, class, and make and model of aircraft in 
which you have successfully passed the practical test and for which you 
are authorized to act as pilot in command. If you meet the provisions of 
paragraph (a)(1) of this section, the FAA will provide you with a 
logbook endorsement for each category, class, and make and model of 
aircraft listed on the ultralight pilot records you provide to the FAA.



         Subpart K_Flight Instructors With a Sport Pilot Rating

    Source: Doc. No. FAA-2001-11133, 69 FR 44875, July 27, 2004, unless 
otherwise noted.



Sec. 61.401  What is the purpose of this subpart?

    (a) This part prescribes the following requirements that apply to a 
flight instructor certificate with a sport pilot rating:
    (1) Eligibility.
    (2) Aeronautical knowledge.
    (3) Flight proficiency.
    (4) Endorsements.
    (5) Privileges and limits.
    (6) Transition provisions for registered ultralight flight 
instructors.
    (b) Other provisions of this part apply to the logging of flight 
time and testing.



Sec. 61.403  What are the age, language, and pilot certificate 

requirements for a flight instructor certificate with a sport 
pilot rating?

    To be eligible for a flight instructor certificate with a sport 
pilot rating you must:
    (a) Be at least 18 years old.
    (b) Be able to read, speak, write, and understand English. If you 
cannot read, speak, write, and understand English because of medical 
reasons, the FAA may place limits on your certificate as are necessary 
for the safe operation of light-sport aircraft.
    (c) Hold at least a current and valid sport pilot certificate with 
category and class ratings or privileges, as applicable, that are 
appropriate to the flight instructor privileges sought.



Sec. 61.405  What tests do I have to take to obtain a flight instructor 
certificate with a sport pilot rating?

    To obtain a flight instructor certificate with a sport pilot rating 
you must pass the following tests:
    (a) Knowledge test. Before you take a knowledge test, you must 
receive a logbook endorsement certifying you are prepared for the test 
from an authorized instructor who trained you or evaluated your home-
study course on the aeronautical knowledge areas listed in Sec. 61.407. 
You must pass knowledge tests on--

[[Page 113]]

    (1) The fundamentals of instructing listed in Sec. 61.407(a), 
unless you meet the requirements of Sec. 61.407(c); and
    (2) The aeronautical knowledge areas for a sport pilot certificate 
applicable to the aircraft category and class for which flight 
instructor privileges are sought.
    (b) Practical test.
    (1) Before you take the practical test, you must--
    (i) Receive a logbook endorsement from the authorized instructor who 
provided you with flight training on the areas of operation specified in 
Sec. 61.409 that apply to the category and class of aircraft privileges 
you seek. This endorsement certifies you meet the applicable 
aeronautical knowledge and experience requirements and are prepared for 
the practical test;
    (ii) If you are seeking privileges to provide instruction in an 
airplane or glider, receive a logbook endorsement from an authorized 
instructor indicating that you are competent and possess instructional 
proficiency in stall awareness, spin entry, spins, and spin recovery 
procedures after you have received flight training in those training 
areas in an airplane or glider, as appropriate, that is certificated for 
spins;
    (2) You must pass a practical test--
    (i) On the areas of operation listed in Sec. 61.409 that are 
appropriate to the category and class of aircraft privileges you seek;
    (ii) In an aircraft representative of the category and class of 
aircraft for the privileges you seek;
    (iii) In which you demonstrate that you are able to teach stall 
awareness, spin entry, spins, and spin recovery procedures if you are 
seeking privileges to provide instruction in an airplane or glider. If 
you have not failed a practical test based on deficiencies in your 
ability to demonstrate knowledge or skill in these areas and you provide 
the endorsement required by paragraph (b)(1)(ii) of this section, an 
examiner may accept the endorsement instead of the demonstration 
required by this paragraph. If you are taking a test because you 
previously failed a test based on not meeting the requirements of this 
paragraph, you must pass a practical test on stall awareness, spin 
entry, spins, and spin recovery instructional competency and proficiency 
in the applicable category and class of aircraft that is certificated 
for spins.



Sec. 61.407  What aeronautical knowledge must I have to apply for a 
flight instructor certificate with a sport pilot rating?

    (a) Except as specified in paragraph (c) of this section you must 
receive and log ground training from an authorized instructor on the 
fundamentals of instruction that includes:
    (1) The learning process.
    (2) Elements of effective teaching.
    (3) Student evaluation and testing.
    (4) Course development.
    (5) Lesson planning.
    (6) Classroom training techniques.
    (b) You must receive and log ground training from an authorized 
instructor on the aeronautical knowledge areas applicable to a sport 
pilot certificate for the aircraft category and class in which you seek 
flight instructor privileges.
    (c) You do not have to meet the requirements of paragraph (a) of 
this section if you--
    (1) Hold a flight instructor certificate or ground instructor 
certificate issued under this part;
    (2) Hold a current teacher's certificate issued by a State, county, 
city, or municipality; or
    (3) Are employed as a teacher at an accredited college or 
university.



Sec. 61.409  What flight proficiency requirements must I meet to 

apply for a flight instructor certificate with a sport pilot 
rating?

    You must receive and log ground and flight training from an 
authorized instructor on the following areas of operation for the 
aircraft category and class in which you seek flight instructor 
privileges:
    (a) Technical subject areas.
    (b) Preflight preparation.
    (c) Preflight lesson on a maneuver to be performed in flight.
    (d) Preflight procedures.
    (e) Airport, seaplane base, and gliderport operations, as 
applicable.
    (f) Takeoffs (or launches), landings, and go-arounds.
    (g) Fundamentals of flight.
    (h) Performance maneuvers and for gliders, performance speeds.

[[Page 114]]

    (i) Ground reference maneuvers (except for gliders and lighter-than-
air).
    (j) Soaring techniques.
    (k) Slow flight (not applicable to lighter-than-air and powered 
parachutes).
    (l) Stalls (not applicable to lighter-than-air, powered parachutes, 
and gyroplanes).
    (m) Spins (applicable to airplanes and gliders).
    (n) Emergency operations.
    (o) Tumble entry and avoidance techniques (applicable to weight-
shift-control aircraft).
    (p) Post-flight procedures.



Sec. 61.411  What aeronautical experience must I have to apply for a 
flight instructor certificate with a sport pilot rating?

    Use the following table to determine the experience you must have 
for each aircraft category and class:

------------------------------------------------------------------------
   If you are applying for a
 flight instructor certificate   Then you must log    Which must include
with a sport pilot rating  for     at least . . .       at least . . .
             . . .
------------------------------------------------------------------------
(a) Airplane category and       (1) 150 hours of     (i) 100 hours of
 single-engine class             flight time as a     flight time as
 privileges,                     pilot,.              pilot in command
                                                      in powered
                                                      aircraft,
                                                     (ii) 50 hours of
                                                      flight time in a
                                                      single-engine
                                                      airplane,
                                                     (iii) 25 hours of
                                                      cross-country
                                                      flight time,
                                                     (iv) 10 hours of
                                                      cross-country
                                                      flight time in a
                                                      single-engine
                                                      airplane, and
                                                     (v) 15 hours of
                                                      flight time as
                                                      pilot in command
                                                      in a single-engine
                                                      airplane that is a
                                                      light-sport
                                                      aircraft.
(b) Glider category             (1) 25 hours of
 privileges,                     flight time as
                                 pilot in command
                                 in a glider, 100
                                 flights in a
                                 glider, and 15
                                 flights as pilot
                                 in command in a
                                 glider that is a
                                 light-sport
                                 aircraft, or.
                                (2) 100 hours in
                                 heavier-than-air
                                 aircraft, 20
                                 flights in a
                                 glider, and 15
                                 flights as pilot
                                 in command in a
                                 glider that is a
                                 light-sport
                                 aircraft.
(c) Rotorcraft category and     (1) 125 hours of     (i) 100 hours of
 gyroplane class privileges,     flight time as a     flight time as
                                 pilot,.              pilot in command
                                                      in powered
                                                      aircraft,
                                                     (ii) 50 hours of
                                                      flight time in a
                                                      gyroplane,
                                                     (iii) 10 hours of
                                                      cross-country
                                                      flight time,
                                                     (iv) 3 hours of
                                                      cross-country
                                                      flight time in a
                                                      gyroplane, and
                                                     (v) 15 hours of
                                                      flight time as
                                                      pilot in command
                                                      in a gyroplane
                                                      that is a light-
                                                      sport aircraft.
(d) Lighter-than-air category   (1) 100 hours of     (i) 40 hours of
 and airship class privileges,   flight time as a     flight time in an
                                 pilot,.              airship,
                                                     (ii) 20 hours of
                                                      pilot in command
                                                      time in an
                                                      airship,
                                                     (iii) 10 hours of
                                                      cross-country
                                                      flight time,
                                                     (iv) 5 hours of
                                                      cross-country
                                                      flight time in an
                                                      airship, and
                                                     (v) 15 hours of
                                                      flight time as
                                                      pilot in command
                                                      in an airship that
                                                      is a light-sport
                                                      aircraft.
(e) Lighter-than-air category   (1) 35 hours of      (i) 20 hours of
 and balloon class privileges,   flight time as       flight time in a
                                 pilot-in-command,.   balloon,
                                                     (ii) 10 flights in
                                                      a balloon, and
                                                     (iii) 5 flights as
                                                      pilot in command
                                                      in a balloon that
                                                      is a light-sport
                                                      aircraft.
(f) Weight-shift-control        (1) 150 hours of     (i) 100 hours of
 aircraft category privileges,   flight time as a     flight time as
                                 pilot,.              pilot in command
                                                      in powered
                                                      aircraft,
                                                     (ii) 50 hours of
                                                      flight time in a
                                                      weight-shift-
                                                      control aircraft,
                                                     (iii) 25 hours of
                                                      cross-country
                                                      flight time,
                                                     (iv) 10 hours of
                                                      cross-country
                                                      flight time in a
                                                      weight-shift-
                                                      control aircraft,
                                                      and
                                                     (v) 15 hours of
                                                      flight time as
                                                      pilot in command
                                                      in a weight-shift-
                                                      control aircraft
                                                      that is a light-
                                                      sport aircraft.
(g) Powered-parachute category  (1) 100 hours of     (i) 75 hours of
 privileges,                     flight time as a     flight time as
                                 pilot,.              pilot in command
                                                      in powered
                                                      aircraft,
                                                     (ii) 50 hours of
                                                      flight time in a
                                                      powered parachute,
                                                     (iii) 15 hours of
                                                      cross-country
                                                      flight time,

[[Page 115]]

 
                                                     (iv) 5 hours of
                                                      cross-country
                                                      flight time in a
                                                      powered parachute,
                                                      and
                                                     (v) 15 hours of
                                                      flight time as
                                                      pilot in command
                                                      in a powered
                                                      parachute that is
                                                      a light-sport
                                                      aircraft.
------------------------------------------------------------------------



Sec. 61.413  What are the privileges of my flight instructor certificate 
with a sport pilot rating?

    If you hold a fight flight instructor certificate with a sport pilot 
rating, you are authorized, within the limits of your certificate and 
rating, to provide training and logbook endorsements for--
    (a) A student pilot seeking a sport pilot certificate;
    (b) A sport pilot certificate;
    (c) A flight instructor certificate with a sport pilot rating;
    (d) A powered parachute or weight-shift-control aircraft rating;
    (e) Sport pilot privileges;
    (f) A flight review or operating privilege for a sport pilot;
    (g) A practical test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating;
    (h) A knowledge test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating; and
    (i) A proficiency check for an additional category, class, or make 
and model privilege for a sport pilot certificate or a flight instructor 
certificate with a sport pilot rating.



Sec. 61.415  What are the limits of a flight instructor certificate 
with a sport pilot rating?

    If you hold a flight instructor certificate with a sport pilot 
rating, you are subject to the following limits:
    (a) You may not provide ground or flight training in any aircraft 
for which you do not hold:
    (1) A sport pilot certificate with applicable category and class 
privileges and make and model privileges or a pilot certificate with the 
applicable category and class rating; and
    (2) Applicable category and class privileges for your flight 
instructor certificate with a sport pilot rating.
    (b) You may not provide ground or flight training for a private 
pilot certificate with a powered parachute or weight-shift-control 
aircraft rating unless you hold:
    (1) At least a private pilot certificate with the applicable 
category and class rating; and
    (2) Applicable category and class privileges for your flight 
instructor certificate with a sport pilot rating.
    (c) You may not conduct more than 8 hours of flight training in any 
24-consecutive-hour period.
    (d) You may not endorse a:
    (1) Student pilot's certificate or logbook for solo flight 
privileges, unless you have--
    (i) Given that student the flight training required for solo flight 
privileges required by this part; and
    (ii) Determined that the student is prepared to conduct the flight 
safely under known circumstances, subject to any limitations listed in 
the student's logbook that you consider necessary for the safety of the 
flight.
    (2) Student pilot's certificate and logbook for a solo cross-country 
flight, unless you have determined the student's flight preparation, 
planning, equipment, and proposed procedures are adequate for the 
proposed flight under the existing conditions and within any limitations 
listed in the logbook that you consider necessary for the safety of the 
flight.
    (3) Student pilot's certificate and logbook for solo flight in Class 
B, C, and D airspace areas, at an airport within Class B, C, or D 
airspace and to from, through or on an airport having an operational 
control tower, unless that you have--

[[Page 116]]

    (i) Given that student ground and flight training in that airspace 
or at that airport; and
    (ii) Determined that the student is proficient to operate the 
aircraft safely.
    (4) Logbook of a pilot for a flight review, unless you have 
conducted a review of that pilot in accordance with the requirements of 
Sec. 61.56.
    (e) You may not provide flight training in an aircraft unless you 
have at least 5 hours of flight time in a make and model of light-sport 
aircraft within the same set of aircraft as the aircraft in which you 
are providing training.
    (f) You may not provide training to operate a light-sport aircraft 
in Class B, C, and D airspace, at an airport located in Class B, C, or D 
airspace, and to, from, through, or at an airport having an operational 
control tower, unless you have the endorsement specified in Sec. 
61.325, or are otherwise authorized to conduct operations in this 
airspace and at these airports.
    (g) You may not provide training in a light-sport aircraft with a 
VH greater than 87 knots CAS unless you have the endorsement 
specified in Sec. 61.327, or are otherwise authorized to operate that 
light-sport aircraft.
    (h) You must perform all training in an aircraft that complies with 
the requirements of Sec. 91.109 of this chapter.
    (i) If you provide flight training for a certificate, rating or 
privilege, you must provide that flight training in an aircraft that 
meets the following:
    (1) The aircraft must have at least two pilot stations and be of the 
same category and class appropriate to the certificate, rating or 
privilege sought.
    (2) For single place aircraft, pre-solo flight training must be 
provided in an aircraft that has two pilot stations and is of the same 
category and class appropriate to the certificate, rating, or privilege 
sought.



Sec. 61.417  Will my flight instructor certificate with a sport pilot 
rating list aircraft category and class ratings?

    Your flight instructor certificate does not list aircraft category 
and class ratings. When you successfully pass the practical test for a 
flight instructor certificate with a sport pilot rating, regardless of 
the light-sport aircraft privileges you seek, the FAA will issue you a 
flight instructor certificate with a sport pilot rating without any 
category and class ratings. The FAA will provide you with a logbook 
endorsement for the category and class of light-sport aircraft you are 
authorized to provide training in.



Sec. 61.419  How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?

    If you hold a flight instructor certificate with a sport pilot 
rating and seek to provide training in an additional category or class 
of light-sport aircraft you must--
    (a) Receive a logbook endorsement from the authorized instructor who 
trained you on the applicable areas of operation specified in Sec. 
61.409 certifying you have met the aeronautical knowledge and flight 
proficiency requirements for the additional category and class flight 
instructor privilege you seek;
    (b) Successfully complete a proficiency check from an authorized 
instructor other than the instructor who trained you on the areas 
specified in Sec. 61.409 for the additional category and class flight 
instructor privilege you seek;
    (c) Complete an application for those privileges on a form and in a 
manner acceptable to the FAA and present this application to the 
authorized instructor who conducted the proficiency check specified in 
paragraph (b) of this section; and
    (d) Receive a logbook endorsement from the instructor who conducted 
the proficiency check specified in paragraph (b) of this section 
certifying you are proficient in the areas of operation and authorized 
for the additional category and class flight instructor privilege.



Sec. 61.421  May I give myself an endorsement?

    No. If you hold a flight instructor certificate with a sport pilot 
rating, you may not give yourself an endorsement for any certificate, 
privilege, rating, flight review, authorization, practical test, 
knowledge test, or proficiency check required by this part.

[[Page 117]]



Sec. 61.423  What are the recordkeeping requirements for a flight 
instructor with a sport pilot rating?

    (a) As a flight instructor with a sport pilot rating you must:
    (1) Sign the logbook of each person to whom you have given flight 
training or ground training.
    (2) Keep a record of the name, date, and type of endorsement for:
    (i) Each person whose logbook or student pilot certificate you have 
endorsed for solo flight privileges.
    (ii) Each person for whom you have provided an endorsement for a 
knowledge test, practical test, or proficiency check, and the record 
must indicate the kind of test or check, and the results.
    (iii) Each person whose logbook you have endorsed as proficient to 
operate--
    (A) An additional category or class of light-sport aircraft;
    (B) An additional make and model of light-sport aircraft;
    (C) In Class B, C, and D airspace; at an airport located in Class B, 
C, or D airspace; and to, from, through, or at an airport having an 
operational control tower; and
    (D) A light-sport aircraft with a VH greater than 87 
knots CAS.
    (iv) Each person whose logbook you have endorsed as proficient to 
provide flight training in an additional--
    (A) Category or class of light-sport aircraft; and
    (B) Make and model of light-sport aircraft.
    (b) Within 10 days after providing an endorsement for a person to 
operate or provide training in an additional category and class of 
light-sport aircraft you must--
    (1) Complete, sign, and submit to the FAA the application presented 
to you to obtain those privileges; and
    (2) Retain a copy of the form.
    (c) You must keep the records listed in this section for 3 years. 
You may keep these records in a logbook or a separate document.



Sec. 61.425  How do I renew my flight instructor certificate?

    If you hold a flight instructor certificate with a sport pilot 
rating you may renew your certificate in accordance with the provisions 
of Sec. 61.197.



Sec. 61.427  What must I do if my flight instructor certificate with 
a sport pilot rating expires?

    You may exchange your expired flight instructor certificate with a 
sport pilot rating for a new certificate with a sport pilot rating and 
any other rating on that certificate by passing a practical test as 
prescribed in Sec. 61.405(b) or Sec. 61.183(h) for one of the ratings 
listed on the expired flight instructor certificate. The FAA will 
reinstate any privilege authorized by the expired certificate.



Sec. 61.429  May I exercise the privileges of a flight instructor 

certificate with a sport pilot rating if I hold a flight instructor 
certificate with another 
          rating?

    If you hold a current and valid flight instructor certificate, a 
commercial pilot certificate with an airship rating, or a commercial 
pilot certificate with a balloon rating issued under this part, and you 
seek to exercise the privileges of a flight instructor certificate with 
a sport pilot rating, you may do so without any further showing of 
proficiency, subject to the following limits:
    (a) You are limited to the aircraft category and class ratings 
listed on your flight instructor certificate, commercial pilot 
certificate with an airship rating, or commercial pilot certificate with 
a balloon rating, as appropriate, when exercising your flight instructor 
privileges and the privileges specified in Sec. 61.413.
    (b) You must comply with the limits specified in Sec. 61.415 and 
the recordkeeping requirements of Sec. 61.423.
    (c) If you want to exercise the privileges of your flight instructor 
certificate, commercial pilot certificate with an airship rating, or 
commercial pilot certificate with a balloon rating, as appropriate, in a 
category, class, or make and model of light-sport aircraft for which you 
are not currently rated, you must meet all applicable requirements to 
provide training in an additional category or class of light-sport 
aircraft specified in Sec. 61.419.

[[Page 118]]



Sec. 61.431  Are there special provisions for obtaining a flight 

instructor certificate with a sport pilot rating for persons who are 
registered ultralight 
          instructors with an FAA-recognized ultralight organization?

    If you are a registered ultralight instructor with an FAA-recognized 
ultralight organization on or before September 1, 2004, and you want to 
apply for a flight instructor certificate with a sport pilot rating, not 
later than January 31, 2008--
    (a) You must hold either a current and valid sport pilot 
certificate, a current recreational pilot certificate and meet the 
requirements Sec. 61.101(c), or at least a current and valid private 
pilot certificate issued under this part.
    (b) You must meet the eligibility requirements in Sec. Sec. 61.403 
and 61.23. You do not have to meet the aeronautical knowledge 
requirements specified in Sec. 61.407, the flight proficiency 
requirements specified in Sec. 61.409 and the aeronautical experience 
requirements specified in Sec. 61.411, except you must meet the minimum 
total flight time requirements in the category and class of light-sport 
aircraft specified in Sec. 61.411.
    (c) You do not have to meet the aeronautical knowledge requirement 
specified in Sec. 61.407(a) if you have passed an FAA-recognized 
ultralight organization's fundamentals of instruction knowledge test.
    (d) You must submit a certified copy of your ultralight pilot 
records from the FAA-recognized ultralight organization. Those records 
must--
    (1) Document that you are a registered ultralight flight instructor 
with that FAA-recognized ultralight organization; and
    (2) Indicate that you are recognized to operate and provide training 
in the category and class of aircraft for which you seek privileges.
    (e) You must pass the knowledge test and practical test for a flight 
instructor certificate with a sport pilot rating applicable to the 
aircraft category and class for which you seek flight instructor 
privileges.



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




Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 100 [Note]

                            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.
63.14 Security disqualification.
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

[[Page 119]]

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 Regulation No. 58

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

               Special Federal Aviation Regulation No. 93

    Editorial Note: For the text of SFAR No. 93, see part 61 of this 
chapter.

               Special Federal Aviation Regulation No. 100

    Editorial Note: For the text of SFAR No. 100, see part 61 of this 
chapter.

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36905, June 
20, 2003, SFAR 100 was added, effective June 20, 2003, through June 20, 
2005.



                            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 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]

[[Page 120]]



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.
    (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

[[Page 121]]

    (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. 63.14  Security disqualification.

    (a) Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's final threat assessment review an application for any 
certificate, rating, or authorization under this part by any person who 
has been issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. No. FAA-2003-14293, 68 FR 3774, Jan. 24, 2003]



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

[[Page 122]]

    (2) Be accompanied by a check or money order for $2, payable to the 
Federal Aviation Administration.
    (c) An application for a replacement of a lost or destroyed medical 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Civil Aeromedical Institute, 
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, 
OK 73125, accompanied by a check or money order for $2.00.
    (d) A person whose certificate issued under this part or medical 
certificate, or both, has been lost may obtain a telegram from the 
Federal Aviation Administration confirming that it was issued. The 
telegram may be carried as a certificate for a period not to exceed 60 
days pending his receiving a duplicate under paragraph (b) or (c) of 
this section, unless he has been notified that the certificate has been 
suspended or revoked. The request for such a telegram may be made by 
prepaid telegram, stating the date upon which a duplicate certificate 
was requested, or including the request for a duplicate and a money 
order for the necessary amount. The request for a telegraphic 
certificate should be sent to the office prescribed in paragraph (b) or 
(c) of this section, as appropriate. However, a request for both at the 
same time should be sent to the office prescribed in paragraph (b) of 
this section.

[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]

[[Page 123]]



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 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

[[Page 124]]

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 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:

[[Page 125]]

    (1) The regulations of this chapter that apply to the duties of a 
flight engineer.
    (2) The theory of flight and aerodynamics.
    (3) Basic meteorology with respect to engine operations.
    (4) Center of gravity computations.
    (b) An applicant for the original or additional issue of a flight 
engineer class rating must pass a written test for that airplane class 
on the following:
    (1) Preflight.
    (2) Airplane equipment.
    (3) Airplane systems.
    (4) Airplane loading.
    (5) Airplane procedures and engine operations with respect to 
limitations.
    (6) Normal operating procedures.
    (7) Emergency procedures.
    (8) Mathematical computation of engine operations and fuel 
consumption.
    (c) Before taking the written tests prescribed in paragraphs (a) and 
(b) of this section, an applicant for a flight engineer certificate must 
present satisfactory evidence of having completed one of the experience 
requirements of 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.

[[Page 126]]

    (2) Graduation from at least a 2-year specialized aeronautical 
training course in maintaining aircraft and aircraft engines (of which 
at least 6 calendar months were in maintaining multiengine aircraft with 
engines rated at least 800 horsepower each or the equivalent in turbine 
engine powered aircraft), and at least 5 hours of flight training in the 
duties of a flight engineer.
    (3) A degree in aeronautical, electrical, or mechanical engineering 
from a recognized college, university, or engineering school; at least 6 
calendar months of practical experience in maintaining multiengine 
aircraft with engines rated at least 800 horsepower each, or the 
equivalent in turbine engine powered aircraft; and at least 5 hours of 
flight training in the duties of a flight engineer.
    (4) At least a commercial pilot certificate with an instrument 
rating and at least 5 hours of flight training in the duties of a flight 
engineer.
    (5) At least 200 hours of flight time in a transport category 
airplane (or in a military airplane with at least two engines and at 
least equivalent weight and horsepower) as pilot in command or second in 
command performing the functions of a pilot in command under the 
supervision of a pilot in command.
    (6) At least 100 hours of flight time as a flight engineer.
    (7) Within the 90-day period before he applies, successful 
completion of an approved flight engineer ground and flight course of 
instruction as provided in appendix C of this part.

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

[Doc. No. 6458, 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

[[Page 127]]

for a certificate under this section is based. A current medical 
certificate issued under part 67 of this chapter will be excepted as 
evidence that the applicant meets those standards. However, a medical 
certificate issued under part 67 of this chapter is not evidence that 
the applicant meets those standards outside the United States unless the 
State that issued the applicant's foreign flight engineer license also 
accepts that medical certificate as evidence of the applicant's physical 
fitness for his foreign flight engineer license.
    (c) Ratings issued. Aircraft class ratings listed on the applicant's 
foreign flight engineer license, in addition to any issued to him after 
testing under the provisions of this part, are placed on the applicant's 
flight engineer certificate. An applicant without an aircraft class 
rating on his foreign flight engineer license may be issued a class 
rating if he shows that he currently meets the requirements for 
exercising the privileges of his foreign flight engineer license on that 
class of aircraft.
    (d) Privileges and limitations. The holder of a flight engineer 
certificate issued under this section may act as a flight engineer of a 
civil aircraft of U.S. registry subject to the limitations of this part 
and any additional limitations placed on his certificate by the 
Administrator. He is subject to these limitations while he is acting as 
a flight engineer of the aircraft within or outside the United States. 
However, he may not act as flight engineer or in any other capacity as a 
required flight crewmember, of a civil aircraft of U.S. registry that is 
carrying persons or property for compensation or hire.
    (e) Renewal of certificate and ratings. The holder of a certificate 
issued under this section may have that certificate and the ratings 
placed thereon renewed if, at the time of application for renewal, the 
foreign flight engineer license on which that certificate is based is in 
effect. Application for the renewal of the certificate and ratings 
thereon must be made before the expiration of the certificate.

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

[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 Sec. Sec. 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;

[[Page 128]]

    (5) Calibrating and using air navigation instruments;
    (6) Navigation by dead reckoning;
    (7) Navigation by celestial means;
    (8) Navigation by radio aids;
    (9) Pilotage and map reading; and
    (10) Interpretation of navigation aid identification signals.
    (b) A report of the test is mailed to the applicant. A passing grade 
is evidence, for a period of 24 months after the test, that the 
applicant has complied with this section.

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



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 inconven ience 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

[[Page 129]]

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.

     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.

[[Page 130]]

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

[[Page 131]]

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 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

[[Page 132]]

 
  To include Parts 63, 91, and 121 of this chapter.
Meteorology.................................................          40
  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 133]]

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 134]]

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 135]]

                                 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 136]]

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 137]]

    (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 No. 58 [Note]
Special Federal Aviation Regulation No. 100 [Note]

                            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.
65.14 Security disqualification.
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 or training requirements.
65.59 Skill requirements.
65.61 Aircraft dispatcher certification courses: Content and minimum 
          hours.
65.63 Aircraft dispatcher certification courses: Application, duration, 
          and other general requirements.
65.65 Aircraft dispatcher certification courses: Training facilities.
65.67 Aircraft dispatcher certification courses: Personnel.
65.70 Aircraft dispatcher certification courses: Records.

                           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.
65.107 Repairman certificate (light-sport aircraft): Eligibility, 
          privileges, and limits.

                       Subpart F_Parachute Riggers

65.111 Certificate required.
65.113 Eligibility requirements: General.
65.115 Senior parachute rigger certificate: Experience, knowledge, and 
          skill requirements.

[[Page 138]]

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

Appendix A to Part 65--Aircraft Dispatcher Courses

    Authority: 49 U.S.C. 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 Regulation No. 58

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

               Special Federal Aviation Regulation No. 100

    Editorial Note: For the text of SFAR No. 100, see part 61 of this 
chapter.

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36906, June 
20, 2003, SFAR 100 was added, effective June 20, 2003, through June 20, 
2005.



                            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.
    (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

[[Page 139]]

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. 65.14  Security disqualification.

    (a) Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's final threat assessment review an application for any 
certificate, rating, or authorization under this part by any person who 
has been issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. No. FAA-2003-14293, 68 FR 3775, Jan. 24, 2003]



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 140]]

    (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 141]]

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 142]]

    (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 meeting those requirements he may

[[Page 143]]

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 covered employee is using alcohol

[[Page 144]]

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 
certificated and qualified operator is present and on duty.
    (e) A certificated air traffic control tower operator may not 
control air

[[Page 145]]

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

    Source: Docket No. FAA-1998-4553, 64 FR 68923, Dec. 8, 1999, unless 
otherwise noted.



Sec. 65.51  Certificate required.

    (a) No person may act 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 
that person has in his or her personal possession an aircraft dispatcher 
certificate issued under this subpart.
    (b) Each person who holds an aircraft dispatcher certificate must 
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.



Sec. 65.53  Eligibility requirements: General.

    (a) To be eligible to take the aircraft dispatcher knowledge test, a 
person must be at least 21 years of age.
    (b) To be eligible for an aircraft dispatcher certificate, a person 
must--
    (1) Be at least 23 years of age;
    (2) Be able to read, speak, write, and understand the English 
language;
    (3) Pass the required knowledge test prescribed by Sec. 65.55 of 
this part;
    (4) Pass the required practical test prescribed by Sec. 65.59 of 
this part; and
    (5) Comply with the requirements of Sec. 65.57 of this part.



Sec. 65.55  Knowledge requirements.

    (a) A person who applies for an aircraft dispatcher certificate must 
pass a knowledge test on the following aeronautical knowledge areas:
    (1) Applicable Federal Aviation Regulations of this chapter that 
relate to airline transport pilot privileges, limitations, and flight 
operations;
    (2) Meteorology, including knowledge of and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air data;
    (3) General system of weather and NOTAM collection, dissemination, 
interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;
    (5) National Weather Service functions as they pertain to operations 
in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to enroute operations, terminal area and radar operations, 
and instrument departure and approach procedures;
    (9) Aircraft loading, weight and balance, use of charts, graphs, 
tables, formulas, and computations, and their effect on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight characteristics 
and performance in normal and abnormal flight regimes;
    (11) Human factors;
    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management, including crew communication and 
coordination.

[[Page 146]]

    (b) The applicant must present documentary evidence satisfactory to 
the administrator of having passed an aircraft dispatcher knowledge test 
within the preceding 24 calendar months.



Sec. 65.57  Experience or training requirements.

    An applicant for an aircraft dispatcher certificate must present 
documentary evidence satisfactory to the Administrator that he or she 
has the experience prescribed in paragraph (a) of this section or has 
accomplished the training described in paragraph (b) of this section as 
follows:
    (a) A total of at least 2 years experience in the 3 years before the 
date of application, in any one or in any combination of the following 
areas:
    (1) In military aircraft operations as a--
    (i) Pilot;
    (ii) Flight navigator; or
    (iii) Meteorologist.
    (2) In aircraft operations conducted under part 121 of this chapter 
as--
    (i) An assistant in dispatching air carrier aircraft, under the 
direct supervision of a dispatcher certificated under this subpart;
    (ii) A pilot;
    (iii) A flight engineer; or
    (iv) A meteorologist.
    (3) In aircraft operations as--
    (i) An Air Traffic Controller; or
    (ii) A Flight Service Specialist.
    (4) In aircraft operations, performing other duties that the 
Administrator finds provide equivalent experience.
    (b) A statement of graduation issued or revalidated in accordance 
with Sec. 65.70(b) of this part, showing that the person has 
successfully completed an approved aircraft dispatcher course.



Sec. 65.59  Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test given by the Administrator, with respect to any one type 
of large aircraft used in air carrier operations. The practical test 
must be based on the aircraft dispatcher practical test standards, as 
published by the FAA, on the items outlined in appendix A of this part.



Sec. 65.61  Aircraft dispatcher certification courses: Content and 
minimum hours.

    (a) An approved aircraft dispatcher certification course must:
    (1) Provide instruction in the areas of knowledge and topics listed 
in appendix A of this part;
    (2) Include a minimum of 200 hours of instruction.
    (b) An applicant for approval of an aircraft dispatcher course must 
submit an outline that describes the major topics and subtopics to be 
covered and the number of hours proposed for each.
    (c) Additional subject headings for an aircraft dispatcher 
certification course may also be included, however the hours proposed 
for any subjects not listed in appendix A of this part must be in 
addition to the minimum 200 course hours required in paragraph (a) of 
this section.
    (d) For the purpose of completing an approved course, a student may 
substitute previous experience or training for a portion of the minimum 
200 hours of training. The course operator determines the number of 
hours of credit based on an evaluation of the experience or training to 
determine if it is comparable to portions of the approved course 
curriculum. The credit allowed, including the total hours and the basis 
for it, must be placed in the student's record required by Sec. 
65.70(a) of this part.



Sec. 65.63  Aircraft dispatcher certification courses: Application, 
duration, and other general requirements.

    (a) Application. Application for original approval of an aircraft 
dispatcher certification course or the renewal of approval of an 
aircraft dispatcher certification course under this part must be:
    (1) Made in writing to the Administrator;
    (2) Accompanied by two copies of the course outline required under 
Sec. 65.61(b) of this part, for which approval is sought;
    (3) Accompanied by a description of the equipment and facilities to 
be used; and
    (4) Accompanied by a list of the instructors and their 
qualifications.

[[Page 147]]

    (b) Duration. Unless withdrawn or canceled, an approval of an 
aircraft dispatcher certification course of study expires:
    (1) On the last day of the 24th month from the month the approval 
was issued; or
    (2) Except as provided in paragraph (f) of this section, on the date 
that any change in ownership of the school occurs.
    (c) Renewal. Application for renewal of an approved aircraft 
dispatcher certification course must be made within 30 days preceding 
the month the approval expires, provided the course operator meets the 
following requirements:
    (1) At least 80 percent of the graduates from that aircraft 
dispatcher certification course, who applied for the practical test 
required by Sec. 65.59 of this part, passed the practical test on their 
first attempt; and
    (2) The aircraft dispatcher certification course continues to meet 
the requirements of this subpart for course approval.
    (d) Course revisions. Requests for approval of a revision of the 
course outline, facilities, or equipment must be in accordance with 
paragraph (a) of this section. Proposed revisions of the course outline 
or the description of facilities and equipment must be submitted in a 
format that will allow an entire page or pages of the approved outline 
or description to be removed and replaced by any approved revision. The 
list of instructors may be revised at any time without request for 
approval, provided the minimum requirements of Sec. 65.67 of this part 
are maintained and the Administrator is notified in writing.
    (e) Withdrawal or cancellation of approval. Failure to continue to 
meet the requirements of this subpart for the approval or operation of 
an approved aircraft dispatcher certification course is grounds for 
withdrawal of approval of the course. A course operator may request 
cancellation of course approval by a letter to the Administrator. The 
operator must forward any records to the FAA as requested by the 
Administrator.
    (f) Change in ownership. A change in ownership of a part 65, 
appendix A-approved course does not terminate that aircraft dispatcher 
certification course approval if, within 10 days after the date that any 
change in ownership of the school occurs:
    (1) Application is made for an appropriate amendment to the 
approval; and
    (2) No change in the facilities, personnel, or approved aircraft 
dispatcher certification course is involved.
    (g) Change in name or location. A change in name or location of an 
approved aircraft dispatcher certification course does not invalidate 
the approval if, within 10 days after the date that any change in name 
or location occurs, the course operator of the part 65, appendix A-
approved course notifies the Administrator, in writing, of the change.



Sec. 65.65  Aircraft dispatcher certification courses: Training facilities.

    An applicant for approval of authority to operate an aircraft 
dispatcher course of study must have facilities, equipment, and 
materials adequate to provide each student the theoretical and practical 
aspects of aircraft dispatching. Each room, training booth, or other 
space used for instructional purposes must be temperature controlled, 
lighted, and ventilated to conform to local building, sanitation, and 
health codes. In addition, the training facility must be so located that 
the students in that facility are not distracted by the instruction 
conducted in other rooms.



Sec. 65.67  Aircraft dispatcher certification courses: Personnel.

    (a) Each applicant for an aircraft dispatcher certification course 
must meet the following personnel requirements:
    (1) Each applicant must have adequate personnel, including one 
instructor who holds an aircraft dispatcher certificate and is available 
to coordinate all training course instruction.
    (2) Each applicant must not exceed a ratio of 25 students for one 
instructor.
    (b) The instructor who teaches the practical dispatch applications 
area of the appendix A course must hold an aircraft dispatchers 
certificate

[[Page 148]]



Sec. 65.70  Aircraft dispatcher certification courses: Records.

    (a) The operator of an aircraft dispatcher course must maintain a 
record for each student, including a chronological log of all 
instructors, subjects covered, and course examinations and results. The 
record must be retained for at least 3 years after graduation. The 
course operator also must prepare, for its records, and transmit to the 
Administrator not later than January 31 of each year, a report 
containing the following information for the previous year:
    (1) The names of all students who graduated, together with the 
results of their aircraft dispatcher certification courses.
    (2) The names of all the students who failed or withdrew, together 
with the results of their aircraft dispatcher certification courses or 
the reasons for their withdrawal.
    (b) Each student who successfully completes the approved aircraft 
dispatcher certification course must be given a written statement of 
graduation, which is valid for 90 days. After 90 days, the course 
operator may revalidate the graduation certificate for an additional 90 
days if the course operator determines that the student remains 
proficient in the subject areas listed in appendix A of 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 tests prescribed by Sec. Sec. 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,

[[Page 149]]

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 Sec. Sec. 65.85, 65.87, and 65.95. However, he may not 
supervise the maintenance, preventive maintenance, or alteration of, or 
approve and return to service, any aircraft or appliance, or part 
thereof, for which he is rated unless he has satisfactorily performed 
the work concerned at an earlier date. If he has not so performed that 
work at an earlier date, he may show his ability to do it by performing 
it to the satisfaction of the Administrator or under the direct 
supervision of a certificated and appropriately rated mechanic, or a 
certificated repairman, who has had previous experience in the specific 
operation concerned.
    (b) A certificated mechanic may not exercise the privileges of his 
certificate and rating unless he understands the current instructions of 
the manufacturer, and the maintenance manuals, for the specific 
operation concerned.

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



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) Except as provided in paragraph (b) of this section, 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.
    (b) A certificated mechanic with an airframe rating can approve and 
return

[[Page 150]]

to service an airframe, or any related part or appliance, of an aircraft 
with a special airworthiness certificate in the light-sport category 
after performing and inspecting a major repair or major alteration for 
products that are not produced under an FAA approval provided the work 
was performed in accordance with instructions developed by the 
manufacturer or a person acceptable to the FAA.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967; Amdt. 65-45, 69 FR 44879, July 27, 2004]



Sec. 65.87  Powerplant rating; additional privileges.

    (a) Except as provided in paragraph (b) of this section, 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.
    (b) A certificated mechanic with a powerplant rating can approve and 
return to service a powerplant or propeller, or any related part or 
appliance, of an aircraft with a special airworthiness certificate in 
the light-sport category after performing and inspecting a major repair 
or major alteration for products that are not produced under an FAA 
approval, provided the work was performed in accordance with 
instructions developed by the manufacturer or a person acceptable to the 
FAA.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967; Amdt. 65-45, 69 FR 44879, July 27, 2004]



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 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]

[[Page 151]]



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 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 Sec. Sec. 43.13 and 43.15 of this chapter.
    (b) When he exercises the privileges of an inspection authorization 
the holder shall keep it available for inspection by the aircraft owner, 
the mechanic submitting the aircraft, repair, or alteration for approval 
(if any), and shall present it upon the request of the Administrator or 
an authorized representative of the National Transportation Safety 
Board, or of any Federal, State, or local law enforcement officer.
    (c) If the holder of an inspection authorization changes his fixed 
base of operation, he may not exercise the privileges of the 
authorization until he has notified the FAA Flight Standards District 
Office or International Field Office for the area in which the new base 
is located, in writing, of the change.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 
FR 5451, Apr. 23, 1964; Amdt. 65-4, 30 FR 3638, Mar. 14, 1965; Amdt. 65-
5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 
FR 5769, Apr. 11, 1967; Amdt. 65-35, 54 FR 39292, Sept. 25, 1989; Amdt. 
65-41, 66 FR 21066, Apr. 27, 2001]

[[Page 152]]



                           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 a repairman 
certificate (experimental aircraft builder) under Sec. 65.104 or to a 
repairman certificate (light-sport aircraft) under Sec. 65.107.

[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; Amdt. 65-45, 69 FR 44879, July 27, 
2004]



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.
    (c) This section does not apply to the holder of a repairman 
certificate (light-sport aircraft) while that repairman is performing 
work under that certificate.

[Doc. No. 18241, 45 FR 46738, July 10, 1980, as amended by Amdt. 65-45, 
69 FR 44879, July 27, 2004]



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;
    (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.

[[Page 153]]

    (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]



Sec. 65.107  Repairman certificate (light-sport aircraft): Eligibility, 
privileges, and limits.

    (a) Use the following table to determine your eligibility for a 
repairman certificate (light-sport aircraft) and appropriate rating:

------------------------------------------------------------------------
            To be eligible for                        You must
------------------------------------------------------------------------
(1) A repairman certificate (light-sport    (i) Be at least 18 years
 aircraft).                                  old,
                                            (ii) Be able to read, speak,
                                             write, and understand
                                             English. If for medical
                                             reasons you cannot meet one
                                             of these requirements, the
                                             FAA may place limits on
                                             your repairman certificate
                                             necessary to safely perform
                                             the actions authorized by
                                             the certificate and rating,
                                            (iii) Demonstrate the
                                             requisite skill to
                                             determine whether a light-
                                             sport aircraft is in a
                                             condition for safe
                                             operation, and
                                            (iv) Be a citizen of the
                                             United States, or a citizen
                                             of a foreign country who
                                             has been lawfully admitted
                                             for permanent residence in
                                             the United States.
(2) A repairman certificate (light-sport    (i) Meet the requirements of
 aircraft) with an inspection rating.        paragraph (a)(1) of this
                                             section, and
                                            (ii) Complete a 16-hour
                                             training course acceptable
                                             to the FAA on inspecting
                                             the particular class of
                                             experimental light-sport
                                             aircraft for which you
                                             intend to exercise the
                                             privileges of this rating.
(3) A repairman certificate (light-sport    (i) Meet the requirements of
 aircraft) with a maintenance rating         paragraph (a)(1) of this
                                             section, and
                                            (ii) Complete a training
                                             course acceptable to the
                                             FAA on maintaining the
                                             particular class of light-
                                             sport aircraft for which
                                             you intend to exercise the
                                             privileges of this rating.
                                             The training course must,
                                             at a minimum, provide the
                                             following number of hours
                                             of instruction:
                                            (A) For airplane class
                                             privileges--120-hours,
                                            (B) For weight-shift control
                                             aircraft class privileges--
                                             104 hours,
                                            (C) For powered parachute
                                             class privileges--104
                                             hours,
                                            (D) For lighter than air
                                             class privileges--80 hours,
                                            (E) For glider class
                                             privileges--80 hours.
------------------------------------------------------------------------

    (b) The holder of a repairman certificate (light-sport aircraft) 
with an inspection rating may perform the annual condition inspection on 
a light-sport aircraft:
    (1) That is owned by the holder;
    (2) That has been issued an experimental certificate for operating a 
light-sport aircraft under Sec. 21.191(i) of this chapter; and
    (3) That is in the same class of light-sport-aircraft for which the 
holder has completed the training specified in paragraph (a)(2)(ii) of 
this section.
    (c) The holder of a repairman certificate (light-sport aircraft) 
with a maintenance rating may--
    (1) Approve and return to service an aircraft that has been issued a 
special airworthiness certificate in the light-sport category under 
Sec. 21.190 of this chapter, or any part thereof, after performing or 
inspecting maintenance (to include the annual condition inspection and 
the 100-hour inspection required by Sec. 91.327 of this chapter), 
preventive maintenance, or an alteration (excluding a major repair or a 
major

[[Page 154]]

alteration on a product produced under an FAA approval);
    (2) Perform the annual condition inspection on a light-sport 
aircraft that has been issued an experimental certificate for operating 
a light-sport aircraft under Sec. 21.191(i) of this chapter; and
    (3) Only perform maintenance, preventive maintenance, and an 
alteration on a light-sport aircraft that is in the same class of light-
sport aircraft for which the holder has completed the training specified 
in paragraph (a)(3)(ii) of this section. Before performing a major 
repair, the holder must complete additional training acceptable to the 
FAA and appropriate to the repair performed.
    (d) The holder of a repairman certificate (light-sport aircraft) 
with a maintenance rating may not approve for return to service any 
aircraft or part thereof unless that person has previously performed the 
work concerned satisfactorily. If that person has not previously 
performed that work, the person may show the ability to do the work by 
performing it to the satisfaction of the FAA, or by performing it 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. The repairman may not exercise the 
privileges of the certificate unless the repairman understands the 
current instructions of the manufacturer and the maintenance manuals for 
the specific operation concerned.

[Doc. No. FAA-2001-11133, 69 FR 44879, July 27, 2004]



                       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 reserve parachute of a dual 
parachute system to be used for intentional parachute jumping) unless 
that person holds an appropriate current certificate and type rating 
issued under this subpart and complies with Sec. Sec. 65.127 through 
65.133.
    (b) No person may pack, maintain, or alter any main parachute of a 
dual-parachute system to be used for intentional parachute jumping in 
connection with civil aircraft of the United States unless that person--
    (1) Has an appropriate current certificate issued under this 
subpart;
    (2) Is under the supervision of a current certificated parachute 
rigger;
    (3) Is the person making the next parachute jump with that parachute 
in accordance with Sec. 105.43(a) of this chapter; or
    (4) Is the parachutist in command making the next parachute jump 
with that parachute in a tandem parachute operation conducted under 
Sec. 105.45(b)(1) of this chapter.
    (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; Amdt. 65-42, 66 FR 
23553, May 9, 2001]



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.

[[Page 155]]

    (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--
    (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.

[[Page 156]]



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
    (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 that person is rated in accordance with Sec. 105.43(a) or Sec. 
105.45(b)(1) of this chapter.
    (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 the certificated parachute rigger is rated 
in accordance with Sec. 105.43(a) or Sec. 105.45(b)(1) of this 
chapter.
    (c) A certificated parachute rigger need not comply with Sec. Sec. 
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; Amdt. 65-42, 66 FR 23553, May 9, 2001]



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--

[[Page 157]]

    (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.



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

                                Overview

    This appendix sets forth the areas of knowledge necessary to perform 
dispatcher functions. The items listed below indicate the minimum set of 
topics that must be covered in a training course for aircraft dispatcher 
certification. The order of coverage is at the discretion of the 
approved school. For the latest technological advancements refer to the 
Practical Test Standards as published by the FAA.
I. Regulations
    A. Subpart C of this part;
    B. Parts 1, 25, 61, 71, 91, 121, 139, and 175, of this chapter;
    C. 49 CFR part 830;
    D. General Operating Manual.
II. Meteorology
    A. Basic Weather Studies
    (1) The earth's motion and its effects on weather.
    (2) Analysis of the following regional weather types, 
characteristics, and structures, or combinations thereof:
    (a) Maritime.
    (b) Continental.
    (c) Polar.
    (d) Tropical.
    (3) Analysis of the following local weather types, characteristics, 
and structures or combinations thereof:
    (a) Coastal.
    (b) Mountainous.
    (c) Island.
    (d) Plains.
    (4) The following characteristics of the atmosphere:
    (a) Layers.
    (b) Composition.
    (c) Global Wind Patterns.
    (d) Ozone.
    (5) Pressure:
    (a) Units of Measure.
    (b) Weather Systems Characteristics.
    (c) Temperature Effects on Pressure.
    (d) Altimeters.
    (e) Pressure Gradient Force.
    (f) Pressure Pattern Flying Weather.
    (6) Wind:
    (a) Major Wind Systems and Coriolis Force.
    (b) Jetstreams and their Characteristics.
    (c) Local Wind and Related Terms.
    (7) States of Matter:
    (a) Solids, Liquid, and Gases.
    (b) Causes of change of state.
    (8) Clouds:
    (a) Composition, Formation, and Dissipation.
    (b) Types and Associated Precipitation.
    (c) Use of Cloud Knowledge in Forecasting.
    (9) Fog:
    (a) Causes, Formation, and Dissipation.
    (b) Types.
    (10) Ice:
    (a) Causes, Formation, and Dissipation.
    (b) Types.
    (11) Stability/Instability:
    (a) Temperature Lapse Rate, Convection.
    (b) Adiabatic Processes.
    (c) Lifting Processes.
    (d) Divergence.
    (e) Convergence.
    (12) Turbulence:
    (a) Jetstream Associated.
    (b) Pressure Pattern Recognition.
    (c) Low Level Windshear.
    (d) Mountain Waves.
    (e) Thunderstorms.
    (f) Clear Air Turbulence.
    (13) Airmasses:
    (a) Classification and Characteristics.
    (b) Source Regions.
    (c) Use of Airmass Knowledge in Forecasting.
    (14) Fronts:
    (a) Structure and Characteristics, Both Vertical and Horizontal.
    (b) Frontal Types.
    (c) Frontal Weather Flying.
    (15) Theory of Storm Systems:
    (a) Thunderstorms.
    (b) Tornadoes.

[[Page 158]]

    (c) Hurricanes and Typhoons.
    (d) Microbursts.
    (e) Causes, Formation, and Dissipation.
    B. Weather, Analysis, and Forecasts
    (1) Observations:
    (a) Surface Observations.
    (i) Observations made by certified weather observer.
    (ii) Automated Weather Observations.
    (b) Terminal Forecasts.
    (c) Significant En route Reports and Forecasts.
    (i) Pilot Reports.
    (ii) Area Forecasts.
    (iii) Sigmets, Airmets.
    (iv) Center Weather Advisories.
    (d) Weather Imagery.
    (i) Surface Analysis.
    (ii) Weather Depiction.
    (iii) Significant Weather Prognosis.
    (iv) Winds and Temperature Aloft.
    (v) Tropopause Chart.
    (vi) Composite Moisture Stability Chart.
    (vii) Surface Weather Prognostic Chart.
    (viii) Radar Meteorology.
    (ix) Satellite Meteorology.
    (x) Other charts as applicable.
    (e) Meteorological Information Data Collection Systems.
    (2) Data Collection, Analysis, and Forecast Facilities.
    (3) Service Outlets Providing Aviation Weather Products.
    C. Weather Related Aircraft Hazards
    (1) Crosswinds and Gusts.
    (2) Contaminated Runways.
    (3) Restrictions to Surface Visibility.
    (4) Turbulence and Windshear.
    (5) Icing.
    (6) Thunderstorms and Microburst.
    (7) Volcanic Ash.
III. Navigation
    A. Study of the Earth
    (1) Time reference and location (0 Longitude, UTC).
    (2) Definitions.
    (3) Projections.
    (4) Charts.
    B. Chart Reading, Application, and Use.
    C. National Airspace Plan.
    D. Navigation Systems.
    E. Airborne Navigation Instruments.
    F. Instrument Approach Procedures.
    (1) Transition Procedures.
    (2) Precision Approach Procedures.
    (3) Non-precision Approach Procedures.
    (4) Minimums and the relationship to weather.
    G. Special Navigation and Operations.
    (1) North Atlantic.
    (2) Pacific.
    (3) Global Differences.
IV. AIRCRAFT
    A. Aircraft Flight Manual.
    B. Systems Overview.
    (1) Flight controls.
    (2) Hydraulics.
    (3) Electrical.
    (4) Air Conditioning and Pressurization.
    (5) Ice and Rain protection.
    (6) Avionics, Communication, and Navigation.
    (7) Powerplants and Auxiliary Power Units.
    (8) Emergency and Abnormal Procedures.
    (9) Fuel Systems and Sources.
    C. Minimum Equipment List/Configuration Deviation List (MEL/CDL) and 
Applications.
    D. Performance.
    (1) Aircraft in general.
    (2) Principles of flight:
    (a) Group one aircraft.
    (b) Group two aircraft.
    (3) Aircraft Limitations.
    (4) Weight and Balance.
    (5) Flight instrument errors.
    (6) Aircraft performance:
    (a) Take-off performance.
    (b) En route performance.
    (c) Landing performance.
V. Communications
    A. Regulatory requirements.
    B. Communication Protocol.
    C. Voice and Data Communications.
    D. Notice to Airmen (NOTAMS).
    E. Aeronautical Publications.
    F. Abnormal Procedures.
VI. Air Traffic Control
    A. Responsibilities.
    B. Facilities and Equipment.
    C. Airspace classification and route structure.
    D. Flight Plans.
    (1) Domestic.
    (2) International.
    E. Separation Minimums.
    F. Priority Handling.
    G. Holding Procedures.
    H. Traffic Management.
VII. Emergency and Abnormal Procedures
    A. Security measures on the ground.
    B. Security measures in the air.
    C. FAA responsibility and services.
    D. Collection and dissemination of information on overdue or missing 
aircraft.
    E. Means of declaring an emergency.
    F. Responsibility for declaring an emergency.
    G. Required reporting of an emergency.
    H. NTSB reporting requirements.
VIII. Practical Dispatch Applications
    A. Human Factors.
    (1) Decisionmaking:
    (a) Situation Assessment.
    (b) Generation and Evaluation of Alternatives.
    (i) Tradeoffs and Prioritization.
    (ii) Contingency Planning.
    (c) Support Tools and Technologies.
    (2) Human Error:
    (a) Causes.
    (i) Individual and Organizational Factors.
    (ii) Technology-Induced Error.

[[Page 159]]

    (b) Prevention.
    (c) Detection and Recovery.
    (3) Teamwork:
    (a) Communication and Information Exchange.
    (b) Cooperative and Distributed Problem-Solving.
    (c) Resource Management.
    (i) Air Traffic Control (ATC) activities and workload.
    (ii) Flightcrew activities and workload.
    (iii) Maintenance activities and workload.
    (iv) Operations Control Staff activities and workload.
    B. Applied Dispatching.
    (1) Briefing techniques, Dispatcher, Pilot.
    (2) Preflight:
    (a) Safety.
    (b) Weather Analysis.
    (i) Satellite imagery.
    (ii) Upper and lower altitude charts.
    (iii) Significant en route reports and forecasts.
    (iv) Surface charts.
    (v) Surface observations.
    (vi) Terminal forecasts and orientation to Enhanced Weather 
Information System (EWINS).
    (c) NOTAMS and airport conditions.
    (d) Crew.
    (i) Qualifications.
    (ii) Limitations.
    (e) Aircraft.
    (i) Systems.
    (ii) Navigation instruments and avionics systems.
    (iii) Flight instruments.
    (iv) Operations manuals and MEL/CDL.
    (v) Performance and limitations.
    (f) Flight Planning.
    (i) Route of flight.
    1. Standard Instrument Departures and Standard Terminal Arrival 
Routes.
    2. En route charts.
    3. Operational altitude.
    4. Departure and arrival charts.
    (ii) Minimum departure fuel.
    1. Climb.
    2. Cruise.
    3. Descent.
    (g) Weight and balance.
    (h) Economics of flight overview (Performance, Fuel Tankering).
    (i) Decision to operate the flight.
    (j) ATC flight plan filing.
    (k) Flight documentation.
    (i) Flight plan.
    (ii) Dispatch release.
    (3) Authorize flight departure with concurrence of pilot in command.
    (4) In-flight operational control:
    (a) Current situational awareness.
    (b) Information exchange.
    (c) Amend original flight release as required.
    (5) Post-Flight:
    (a) Arrival verification.
    (b) Weather debrief.
    (c) Flight irregularity reports as required.

[Doc. No. FAA-1998-4553, 64 FR 68925, Dec. 8, 1999]



PART 67_MEDICAL STANDARDS AND CERTIFICATION--Table of Contents




                            Subpart A_General

Sec.
67.1 Applicability.
67.3 Issue.
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.

            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.

[[Page 160]]

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. 67.7  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.
    (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.



Sec. 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

[[Page 161]]

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; 
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

[[Page 162]]

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
    (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

[[Page 163]]

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 Sec. Sec. 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 thatinterferes 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.

[[Page 164]]

    (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 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

[[Page 165]]

    (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--
    (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 Sec. Sec. 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

[[Page 166]]

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:
    (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

[[Page 167]]

    (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--
    (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

[[Page 168]]

those duties or exercise those privileges.



Sec. 67.315  Discretionary issuance.

    A person who does not meet the provisions of Sec. Sec. 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.
    (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

[[Page 169]]

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 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

[[Page 170]]

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 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 Sec. Sec. 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--

[[Page 171]]

    (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 Sec. Sec. 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, 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 172]]



                          SUBCHAPTER E_AIRSPACE





PART 71_DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS--Table of Contents




Special Federal Aviation Regulation No. 97 [Note]

                            Subpart A_General

Sec.
71.1 Applicability.
71.3 [Reserved]
71.5 Reporting points.
71.7 Bearings, radials, and mileages.
71.9 Overlapping airspace designations.
71.11 Air Traffic Service (ATS) routes.
71.13 Classification of Air Traffic Service (ATS) routes.
71.15 Designation of jet routes and VOR Federal airways.

                       Subpart A_Class A Airspace

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.

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.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.



Sec. 71.1  Applicability.

    The complete listing for all Class A, B, C, D, and E airspace areas; 
air traffic service routes; and reporting points can be found in FAA 
Order 7400.9M, Airspace Designations and Reporting Points, dated August 
30, 2004. 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 7400.9M is 
effective September 16, 2004, through September 15, 2005. During the 
incorporation by reference period, proposed changes to the listings of 
Class A, B, C, D, and E airspace areas; air traffic service routes; and 
reporting points will be published in full text as proposed rule 
documents in the Federal Register. Amendments to the listings of Class 
A, B, C, D, and E airspace areas; air traffic service routes; and 
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 7400.9M may be obtained 
from Airspace and Rules, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, (202) 267-8783. Copies 
of FAA Order 7400.9M may be inspected in Docket No. 29334 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 p.m., or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
This section is effective September 16, 2004, through September 15, 
2005.

[Doc. No. 29334, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Doc. No. 29334, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.1 was revised, effective Sept. 16, 2004, through Sept. 15, 
2005.

[[Page 173]]



Sec. 71.3  [Reserved]



Sec. 71.5  Reporting points.

    The reporting points listed in subpart H of FAA Order 7400.9M 
(incorporated by reference, see Sec. 71.1) consist of geographic 
locations at which the position 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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.5 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



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. 71.11  Air Traffic Service (ATS) routes.

    Unless otherwise specified, the following apply:
    (a) An Air Traffic Service (ATS) route is based on a centerline that 
extends from one navigation aid, fix, or intersection, to another 
navigation aid, fix, or intersection (or through several navigation 
aids, fixes, or intersections) specified for that route.
    (b) ATS routes include the primary protected airspace dimensions 
defined in FAA Order 8260.3, ``United States Standard For Terminal 
Instrument Procedures (TERPS).'' Order 8260.3 is incorporated by 
reference in Sec. 97.20 of this chapter.
    (c) An ATS route does not include the airspace of a prohibited area.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



Sec. 71.13  Classification of Air Traffic Service (ATS) routes.

    Unless otherwise specified, ATS routes are classified as follows:
    (a) In subpart A of this part:
    (1) Jet routes.
    (2) Area navigation (RNAV) routes.
    (b) In subpart E of this part:
    (1) VOR Federal airways.
    (2) Colored Federal airways.
    (i) Green Federal airways.
    (ii) Amber Federal airways.
    (iii) Red Federal airways.
    (iv) Blue Federal airways.
    (3) Area navigation (RNAV) routes.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



Sec. 71.15  Designation of jet routes and VOR Federal airways.

    Unless otherwise specified, the place names appearing in the 
descriptions of airspace areas designated as jet routes in subpart A of 
FAA Order 7400.9, and as VOR Federal airways in subpart E of FAA Order 
7400.9, are the names of VOR or VORTAC navigation aids. FAA Order 7400.9 
is incorporated by reference in Sec. 71.1.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]

[[Page 174]]



                       Subpart A_Class A 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 7400.9M (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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.31 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



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[min]00[sec] 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[min]00[sec] West.
    (c) The airspace areas listed as offshore airspace areas in subpart 
A of FAA Order 7400.9M (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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.33 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



                       Subpart B_Class B Airspace



Sec. 71.41  Class B airspace.

    The Class B airspace areas listed in subpart B of FAA Order 7400.9M 
(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 7400.9M 
(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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.41 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.

[[Page 175]]



                       Subpart C_Class C Airspace



Sec. 71.51  Class C airspace.

    The Class C airspace areas listed in subpart C of FAA Order 7400.9M 
(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 7400.9M (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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.51 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



                       Subpart D_Class D Airspace



Sec. 71.61  Class D airspace.

    The Class D airspace areas listed in subpart D of FAA Order 7400.9M 
(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 7400.9M (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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.61 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



                       Subpart E_Class E Airspace



Sec. 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[min]00[sec]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 7400.9M (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 7400.9M (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

[[Page 176]]

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 the surface to, but not including, 14,500 feet MSL.
    (d) The Federal airways described in subpart E of FAA Order 7400.9M 
(incorporated by reference, see Sec. 71.1).
    (e) The airspace areas listed as en route domestic airspace areas in 
subpart E of FAA Order 7400.9M (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 7400.9M (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; Amdt. 71-29, 
62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, Sept. 21, 1998; 
Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 65 FR 56467, 
Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; Amdt. 71-34, 
67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, Sept. 17, 2003; 
Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.71 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.

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 7400.9M 
(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; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50445, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56468, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003; Amdt. 71-36, 69 FR 54001, Sept. 7, 2004]

    Effective Date Note: By Amdt. 71-36, 69 FR 54001, Sept. 7, 2004, 
Sec. 71.901 was amended by removing the words ``FAA Order 7400.9L'' and 
adding, in their place, the words ``FAA Order 7400.9M'', effective Sept. 
16, 2004, through Sept. 15, 2005.



PART 73_SPECIAL USE AIRSPACE--Table of Contents




                            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.

[[Page 177]]



                            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
    (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 Airspace Management, 
Federal Aviation Administration, Washington, DC 20591.
    (b) In the report under this section the using agency shall:

[[Page 178]]

    (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 Airspace 
Management 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; Amdt. 73-8, 63 FR 16890, Apr. 7, 
1998]

    Editorial Note: The restricted areas formerly carried as Sec. Sec. 
608.21 to 608.72 of this title were transferred to part 73 as Sec. Sec. 
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, which appears 
in the Finding Aids section of the printed volume and on GPO Access.



                       Subpart C_Prohibited Areas



Sec. 73.81  Applicability.

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



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.

                           PART 75 [RESERVED]



PART 77_OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents




Special Federal Aviation Regulation No. 98

                            Subpart A_General

Sec.
77.1 Scope.

[[Page 179]]

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.

 Special Federal Aviation Regulation No. 98--Construction or Alteration 
in the Vicinity of the Private Residence of the President of the United 
                                 States

    Section 1. Construction or alteration near the private residence of 
the President. This section applies to:
    (a) Any object of natural growth, terrain, or permanent or temporary 
construction or alteration, including appurtenances and equipment or 
materials used therein.
    (b) Any apparatus of a permanent or temporary character.
    Section 2. Notice of Construction/Alteration. Proponents proposing 
construction or alteration of any object described in Section 1 that 
would exceed 50 feet AGL and is within 3 NM radius of lat. 
31[deg]34[min]45 N, long. 97[deg]32[min]00 W shall notify the 
Administrator in the form and manner prescribed in 14 CFR 77.17.
    Section 3. Obstruction Standard.
    (a) Any object described in Section 1 that would exceed 50 feet AGL 
and is within 3 NM radius of lat. 31[deg]34[min]45N, long. 
97[deg]32[min]00W is an obstruction and is presumed to adversely affect 
aviation safety and therefore is a hazard to air navigation.
    (b) A Determination of No Hazard will be issued only when the FAA 
determines, based upon submitted information and in consultation with 
the USMC and the SSPPD, that the construction or alteration will not 
adversely affect safety and would not result in a hazard to air 
navigation.
    Section 4. Termination. This rule will terminate at the end of 
President George W. Bush's term in office.

[Doc. No. FAA-2003-14972, 68 FR 19732, Apr. 22, 2003; 68 FR 23584, May 
5, 2003]



                            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

[[Page 180]]

    (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.
    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

[[Page 181]]

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;
    (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

[[Page 182]]

by the FAA regional office at least 48 hours before the start of the 
construction or alteration.
    (c) Each sponsor who undertakes construction or alteration that is 
the subject of a notice under paragraph (a) of this section shall, 
within 5 days after that construction or alteration reaches its greatest 
height, submit a supplemental notice on a prescribed form to the FAA 
regional office having jurisdiction over the region involved, if--
    (1) The construction or alteration is more than 200 feet above the 
surface level of its site; or
    (2) An FAA regional office advises him that submission of the form 
is required.

[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,

[[Page 183]]

with an executed FAA Form 7460-1 submitted within 5 days thereafter. 
Outside normal business hours, emergency notices by telephone or 
telegraph may be submitted to the nearest FAA Flight Service Station.
    (e) Each person who is required to notify the Administrator by 
paragraph (b) or (c) of 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

[[Page 184]]

or in either the Alaska or Pacific Airman's Guide and Chart Supplement; 
or
    (2) A planned or proposed airport or an airport under construction, 
that is the subject of a notice or proposal on file with the Federal 
Aviation Administration, and, except for military airports, it is 
clearly indicated that that airport will be available for public use; 
or,
    (3) An airport that is operated by an armed force of the United 
States.

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



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

[[Page 185]]

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

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

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

[[Page 186]]



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 heli ports.

    (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 187]]



  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 188]]

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 189]]



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 190]]



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 191]]

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 192]]



          SUBCHAPTER F_AIR TRAFFIC AND GENERAL OPERATING RULES





PART 91_GENERAL OPERATING AND FLIGHT RULES--Table of Contents




Special Federal Aviation Regulation No. 50-2
Special Federal Aviation Regulation No. 60
Special Federal Aviation Regulation No. 71
Special Federal Aviation Regulation No. 77
Special Federal Aviation Regulation No. 79
Special Federal Aviation Regulation No. 87
Special Federal Aviation Regulation No. 94
Special Federal Aviation Regulation No. 97
Special Federal Aviation Regulation No. 104

                            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 on 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 restrictionsin the vicinity of disaster/hazard 
          areas.
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 Management of aircraft operations in the vicinity of aerial 
          demonstrations and major sporting events.
91.146-91.149 [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.
91.180 Operations within airspace designated as Reduced Vertical 
          Separation Minimum airspace.

[[Page 193]]

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]

      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 Terrain awareness and warning system.
91.224-91.299 [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 and unpowered ultralight vehicles.
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 [Reserved]
91.327 Aircraft having a special airworthiness certificate in the light-
          sport category: Operating limitations.
91.328-91.399 [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.
91.410 Special maintenance program requirements.
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 and Fractional 
                       Ownership Program Aircraft

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.

[[Page 194]]

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; and Rules Governing Persons 
                         on Board Such Aircraft

91.701 Applicability.
91.702 Persons on board.
91.703 Operations of civil aircraft of U.S. registry outside of the 
          United States.
91.705 Operations within airspace designated as Minimum Navigation 
          Performance Specification Airspace.
91.706 Operations within airspace designed as Reduced Vertical 
          Separation Minimum Airspace.
91.707 Flights between Mexico or Canada and the United States.
91.709 Operations to Cuba.
91.711 Special rules for foreign civil aircraft.
91.713 Operation of civil aircraft of Cuban registry.
91.715 Special flight authorizations for foreign civil aircraft.
91.717-91.799 [Reserved]

                    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--91.813 [Reserved]
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.
91.858 Special flight authorizations for non-revenue Stage 2 operations.
91.859 [Reserved]
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]

                Subpart K_Fractional Ownership Operations

91.1001 Applicability.
91.1002 Compliance date.
91.1003 Management contract between owner and program manager.
91.1005 Prohibitions and limitations.
91.1007 Flights conducted under part 121 or part 135 of this chapter.
91.1009 Clarification of operational control.
91.1011 Operational control responsibilities and delegation.
91.1013 Operational control briefing and acknowledgment.
91.1014 Issuing or denying management specifications.
91.1015 Management specifications.
91.1017 Amending program manager's management specifications.
91.1019 Conducting tests and inspections.
91.1021 Internal safety reporting and incident/accident response.
91.1023 Program operating manual requirements.
91.1025 Program operating manual contents.
91.1027 Recordkeeping.
91.1029 Flight scheduling and locating requirements.
91.1031 Pilot in command or second in command: Designation required.
91.1033 Operating information required.
91.1035 Passenger awareness.
91.1037 Large transport category airplanes: Turbine engine powered; 
          Limitations; Destination and alternate airports.
91.1039 IFR takeoff, approach and landing minimums.
91.1041 Aircraft proving and validation tests.
91.1043 [Reserved]
91.1045 Additional equipment requirements.
91.1047 Drug and alcohol misuse education program.
91.1049 Personnel.
91.1051 Pilot safety background check.
91.1053 Crewmember experience.
91.1055 Pilot operating limitations and pairing requirement.
91.1057 Flight, duty and rest time requirements; All crewmembers.
91.1059 Flight time limitations and rest requirements: One or two pilot 
          crews.
91.1061 Augmented flight crews.

[[Page 195]]

91.1062 Duty periods and rest requirements: Flight attendants.
91.1063 Testing and training: Applicability and terms used.
91.1065 Initial and recurrent pilot testing requirements.
91.1067 Initial and recurrent flight attendant crewmember testing 
          requirements.
91.1069 Flight crew: Instrument proficiency check requirements.
91.1071 Crewmember: Tests and checks, grace provisions, training to 
          accepted standards.
91.1073 Training program: General.
91.1075 Training program: Special rules.
91.1077 Training program and revision: Initial and final approval.
91.1079 Training program: Curriculum.
91.1081 Crewmember training requirements.
91.1083 Crewmember emergency training.
91.1085 Hazardous materials recognition training.
91.1087 Approval of aircraft simulators and other training device.
91.1089 Qualifications: Check pilots (aircraft) and check pilots 
          (simulator).
91.1091 Qualifications: Flight instructors (aircraft) and flight 
          instructors (simulator).
91.1093 Initial and transition training and checking: Check pilots 
          (aircraft), check pilots (simulator).
91.1095 Initial and transition training and checking: Flight instructors 
          (aircraft), flight instructors (simulator).
91.1097 Pilot and flight attendant crewmember training programs.
91.1099 Crewmember initial and recurrent training requirements.
91.1101 Pilots: Initial, transition, and upgrade ground training.
91.1103 Pilots: Initial, transition, upgrade, requalification, and 
          differences flight training.
91.1105 Flight attendants: Initial and transition ground training.
91.1107 Recurrent training.
91.1109 Aircraft maintenance: Inspection program.
91.1111 Maintenance training.
91.1113 Maintenance recordkeeping.
91.1115 Inoperable instruments and equipment.
91.1411 Continuous airworthiness maintenance program use by fractional 
          ownership program manager.
91.1413 CAMP: Responsibility for airworthiness.
91.1415 CAMP: Mechanical reliability reports.
91.1417 CAMP: Mechanical interruption summary report.
91.1423 CAMP: Maintenance organization.
91.1425 CAMP: Maintenance, preventive maintenance, and alteration 
          programs.
91.1427 CAMP: Manual requirements.
91.1429 CAMP: Required inspection personnel.
91.1431 CAMP: Continuing analysis and surveillance.
91.1433 CAMP: Maintenance and preventive maintenance training program.
91.1435 CAMP: Certificate requirements.
91.1437 CAMP: Authority to perform and approve maintenance.
91.1439 CAMP: Maintenance recording requirements.
91.1441 CAMP: Transfer of maintenance records.
91.1443 CAMP: Airworthiness release or aircraft maintenance log entry.

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
Appendix G to Part 91--Operations in Reduced Vertical Separation Minimum 
          (RVSM) Airspace

    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 Regulation No. 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[min]30[sec] N., long. 114[deg]03[min]00[sec] W.; 
northeast to lat. 36[deg]14[min]00[sec] N., long. 113[deg]09[min]50[sec] 
W.; thence northeast along the boundary of the Grand Canyon National 
Park to lat. 36[deg]24[min]47[sec] N., long. 112[deg]52[min]00[sec] W.; 
to lat. 36[deg]30[min]30[sec] N., long. 112[deg]36[min]15[sec] W. to 
lat. 36[deg]21[min]30[sec] N., long. 112[deg]00[min]00[sec] W. to lat. 
36[deg]35[min]30[sec] N., long. 111[deg]53[min]10[sec] W., to lat. 
36[deg]53[min]00[sec] N., long. 111[deg]36[min]45[sec] W. to lat. 
36[deg]53[min]00[sec] N., long. 111[deg]33[min]00[sec] W.; to lat. 
36[deg]19[min]00[sec] N., long. 111[deg]50[min]50[sec] W.; to lat. 
36[deg]17[min]00[sec] N., long. 111[deg]42[min]00[sec] W.; to lat. 
35[deg]59[min]30[sec] N., long. 111[deg]42[min]00[sec] W.; to lat. 
35[deg]57[min]30[sec] N., long.

[[Page 196]]

112[deg]03[min]55[sec] W.; thence counterclockwise via the 5 statute 
mile radius of the Grand Canyon Airport airport reference point (lat. 
35[deg]57[min]09[sec] N., long. 112[deg]08[min]47[sec] W.) to lat. 
35[deg]57[min]30[sec] N., long. 112[deg]14[min]00[sec] W.; to lat. 
35[deg]57[min]30[sec] N., long. 113[deg]11[min]00[sec] W.; to lat. 
35[deg]42[min]30[sec] N., long. 113[deg]11[min]00[sec] W.; to 
35[deg]38[min]30[sec] N.; long. 113[deg]27[min]30[sec] W.; thence 
counterclockwise via the 5 statute mile radius of the Peach Springs 
VORTAC to lat. 35[deg]41[min]20[sec] N., long. 113[deg]36[min]00[sec] 
W.; to lat. 35[deg]55[min]25[sec] N., long. 113[deg]49[min]10[sec] W.; 
to lat. 35[deg]57[min]45[sec] N., 113[deg]45[min]20[sec] W.; thence 
northwest along the park boundary to lat. 36[deg]02[min]20[sec] N., 
long. 113[deg]50[min]15[sec] W.; to 36[deg]00[min]10[sec] N., long. 
113[deg]53[min]45[sec] W.; thence to the point of beginning.
    Section 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.
    Western section from Diamond Creek to the Grant Wash Cliffs: 8,000 
feet MSL.
    (2) Proceed through the four flight corridors describe 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
    (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 
operated 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 altitudes 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.
    Section 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[min]30[sec] N., Long. 111[deg]46[min]20[sec] 
W. to 35[deg]59[min]30[sec] N., Long. 111[deg]52[min]45[sec] W.; to Lat. 
36[deg]04[min]50[sec] N., Long. 111[deg]52[min]00[sec] W.; to Lat. 
36[deg]06[min]00[sec] N., Long. 111[deg]46[min]20[sec] 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[min]30[sec] N., Long. 111[deg]55[min]30[sec] 
W.; to Lat. 35[deg]59[min]30[sec] N., Long. 112[deg]04[min]00[sec] W.; 
thence counterclockwise via the 5 statute mile radius of the Grand 
Canyon Airport point (Lat. 35[deg]57[min]09[sec] N., Long. 
112[deg]08[min]47[sec] W.) to Lat. 36[deg]01[min]30[sec] N., Long. 
112[deg]11[min]00[sec] W.; to Lat. 36[deg]06[min]15[sec] N., Long. 
112[deg]12[min]50[sec] W.; to Lat. 36[deg]14[min]40[sec] N., Long. 
112[deg]08[min]50[sec] W.; to Lat. 36[deg]14[min]40[sec] N., Long. 
111[deg]57[min]30[sec] W.; to Lat. 36[deg]12[min]30[sec] N., Long. 
111[deg]53[min]50[sec] 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[min]50[sec] N. 
or the airspace at and above 10,500 feet MSL within 2 miles of the 
northwest boundary. The area bounded

[[Page 197]]

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[min]00[sec] N., Long. 112[deg]16[min]40[sec] 
W.; northwest along the park boundary to a point at Lat. 
36[deg]12[min]47[sec] N., Long. 112[deg]30[min]53[sec] W.; to Lat. 
36[deg]21[min]15[sec] N., Long. 112[deg]20[min]20[sec] W.; east along 
the park boundary to Lat. 36[deg]21[min]15[sec] N., Long. 
112[deg]13[min]55[sec] W.; to Lat. 36[deg]14[min]40[sec] N., Long. 
112[deg]11[min]25[sec] 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[min]45[sec] N., Long. 
112[deg]20[min]35[sec] W.; thence northwest along the boundary of the 
Grand Canyon National Park to Lat. 36[deg]17[min]48[sec] N., Long. 
113[deg]03[min]15[sec] W.; to Lat. 36[deg]15[min]00[sec] N., Long. 
113[deg]07[min]10[sec] W.; to Lat. 36[deg]10[min]30[sec] N., Long. 
113[deg]07[min]10[sec] W.; thence east along the Colorado River to the 
confluence of Havasu Canyon (Lat. 36[deg]18[min]40[sec] N., Long. 
112[deg]45[min]45[sec] W.;) including that area within a 1.5 nautical 
mile radius of Toroweap Overlook (Lat. 36[deg]12[min]45[sec] N., Long. 
113[deg]03[min]30[sec] 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[min]47[sec] N., Long. 
112[deg]48[min]50[sec] W. and Lat. 36[deg]17[min]10[sec] N., Long. 
112[deg]48[min]50[sec] W.; to the point of origin.
    Section 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.
    Section 9. Termination date. Section 1. Applicability, Section 4, 
Flight-free zones, and Section 5. Minimum flight altitudes, expire on 
April 19, 2001.
    Note: An informational map of the special flight rules areas defined 
by SFAR 50-2 is available on the Office of Rulemaking's website at 
http://www.faa.gov/avr/armhome.htm. A paper copy is available from the 
Office of Rulemaking by calling Linda Williams at (202) 267-9685.

[66 FR 1003, Jan. 4, 2001, as amended at 66 FR 16584, Mar. 26, 2001]

 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 198]]

    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. 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 SFAR No. 71 shall remain in effect 
until further notice.

[SFAR 71, 59 FR 49145, Sept. 26, 1994, as amended at 60 FR 65913, Dec. 
20, 1995; 62 FR 58859, Oct. 30, 1997; 65 FR 58612, Sept. 29, 2000; 68 FR 
60839, Oct. 23, 2003]

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;

[[Page 199]]

    (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. No person may conduct flight operations over 
or within the territory of Iraq except as provided in paragraphs 3 and 4 
of this SFAR or except as follows:
    (a) Overflights of Iraq may be conducted above flight level (FL) 200 
subject to the approval of, and in accordance with the conditions 
established by, the appropriate authorities of Iraq.
    (b) Flights departing from countries adjacent to Iraq whose climb 
performance will not permit operation above FL 200 prior to entering 
Iraqi airspace may operate at altitudes below FL 200 within Iraq to the 
extent necessary to permit a climb above FL 200, subject to the approval 
of, and in accordance with the conditions established by, the 
appropriate authorities of Iraq.
    (c) [Reserved]
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
territory and airspace of Iraq when such operations are authorized 
either by another agency of the United States Government with the 
approval of the FAA or by an exemption issued by the Administrator.
    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, as amended by Doc. No. FAA-
2003-14766, 68 FR 17870, Apr. 11, 2003; 68 FR 65382, Nov. 19, 2003]

Special Federal Aviation Regulation No. 79--Prohibition Against Certain 
  Flights Within the Flight Information Region (FIR) of the Democratic 
                    People's Republic of Korea (DPRK)

    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.
    (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 through the Pyongyang FIR west of 132 degrees east longitude.
    3. Permitted Operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
Pyongyang FIR west of 132 degrees east longitude where such operations 
are authorized either by exemption issued by the Administrator or by 
another agency of the United States Government with FAA approval.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
on 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 parts 121, 125, 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 No. 79 will 
remain in effect until further notice.

[Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as amended at 63 FR 8017, 
Feb. 17, 1998; 63 FR 19286, Apr. 17, 1998]

Special Federal Aviation Regulation No. 87--Prohibition Against Certain 
          Flights Within the Territory and Airspace of Ethiopia

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 87 applies to all U.S. air carriers or commercial operators, all 
persons exercising the privileges of an airman certificate issued by the 
FAA unless that person is engaged in the operation of a

[[Page 200]]

U.S.-registered aircraft for a foreign air carrier, 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 paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Ethiopia north of 12 
degrees north latitude.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
territory and airspace of Ethiopia where such operations are authorized 
either by exemption issued by the Administrator or by an authorization 
issued 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 
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 shall remain 
in effect until further notice.

[Doc. No. FAA-2000-7360; 65 FR 31215, May 16, 2000]

  SFAR NO. 94--Enhanced Security Procedures for Operations at Certain 
 Airports in the Washington, DC Metropolitan Area Special Flight Rules 
                                  Area

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
establishes rules for all persons operating an aircraft to or from the 
following airports located within the airspace designated as the 
Washington, DC Metropolitan Area Special Flight Rules Area:
    (a) College Park Airport (CGS).
    (b) Potomac Airfield (VKX).
    (c) Washington Executive/Hyde Field (W32).
    2. Definitions. For the purposes of this SFAR the following 
definitions apply:
    Administrator means the Federal Aviation Administrator, the Under 
Secretary of Transportation for Security, or any person delegated the 
authority of the Federal Aviation Administrator or Under Secretary of 
Transportation for Security.
    Washington, DC Metropolitan Area Special Flight Rules Area means 
that airspace within an area from the surface up to but not including 
Flight Level 180, bounded by a line beginning at the Washington (DCA) 
VOR/DME 300 degree radial at 15 nautical miles (Lat. 
38[deg]56[min]55[sec] N., Long. 77[deg]20[min]08[sec] W.); thence 
clockwise along the DCA 15 nautical mile arc to the DCA 022 degree 
radial at 15 nautical miles (Lat. 39[deg]06[min]11[sec] N., Long 
76[deg]57[min]51[sec] W.); thence southeast via a line drawn to the DCA 
049 degree radial at 14 nautical miles (Lat. 39[deg]02[min]18[sec] N., 
Long. 76[deg]50[min]38[sec] W.); thence south via a line drawn to the 
DCA 064 degree radial at 13 nautical miles (Lat. 38[deg]59[min]01[sec] 
N., Long. 76[deg]48[min]32[sec] W.); thence clockwise along the DCA 13 
nautical mile arc to the DCA 282 degree radial at 13 nautical miles 
(Lat. 38[deg]52[min]14[sec] N., Long 77[deg]18[min]48[sec] W.); thence 
north via a line drawn to the point of the beginning; excluding the 
airspace within a one nautical mile radius of Freeway Airport (W00), 
Mitchellville, Md.
    3. Operating requirements.
    (a) Except as specified in paragraph 3(c) of this SFAR, no person 
may operate an aircraft to or from an airport to which this SFAR applies 
unless security procedures that meet the provisions of paragraph 4 of 
this SFAR have been approved by the Administrator for operations at that 
airport.
    (b) Except as specified in paragraph 3(c) of this SFAR, each person 
serving as a required flightcrew member of an aircraft operating to or 
from an airport to which this SFAR applies must:
    (1) Prior to obtaining authorization to operate to or from the 
airport, present to the Administrator the following:
    (i) A current and valid airman certificate;
    (ii) A current medical certificate;
    (iii) One form of Government issued picture identification; and
    (iv) A list containing the make, model, and registration number of 
each aircraft that the pilot intends to operate to or from the airport;
    (2) Successfully complete a background check by a law enforcement 
agency, which may include submission of fingerprints and the conduct of 
a criminal history, records check.
    (3) Attend a briefing acceptable to the Administrator that describes 
procedures for operating to or from the airport;
    (4) Not have been convicted or found not guilty by reason of 
insanity, in any jurisdiction, during the 10 years prior to being 
authorized to operate to or from the airport, or while authorized to 
operate to or from the airport, of those crimes specified in Sec. 
108.229 (d) of this chapter;
    (5) Not have a record on file with the FAA of:

[[Page 201]]

    (i) A violation of a prohibited area designated under part 73 of 
this chapter, a flight restriction established under Sec. 91.141 of 
this chapter, or special security instructions issued under Sec. 99.7 
of this chapter; or
    (ii) More than one violation of a restricted area designated under 
part 73 of this chapter, emergency air traffic rules issued under Sec. 
91.139 of this chapter, a temporary flight restriction designated under 
Sec. 91.137, Sec. 91.138, or Sec. 91.145 of this chapter, an area 
designated under Sec. 91.143 of this chapter, or any combination 
thereof;
    (6) Be authorized by the Administrator to conduct operations to or 
from the airport;
    (7) Protect from unauthorized disclosure any identification 
information issued by the Administrator for the conduct of operations to 
or from the airport;
    (8) Operate an aircraft that is authorized by the Administrator for 
operations to or from the airport;
    (9) File an IFR or VFR flight plan telephonically with Leesburg AFSS 
prior to departure and obtain an ATC clearance prior to entering the 
Washington, DC Metropolitan Area Special Flight Rules Area;
    (10) Operate the aircraft in accordance with an open IFR or VFR 
flight plan while in the Washington, DC Metropolitan Area Special Flight 
Rules Area, unless otherwise authorized by ATC;
    (11) Maintain two-way communications with an appropriate ATC 
facility while in the Washington, DC Metropolitan Area Special Flight 
Rules Area;
    (12) Ensure that the aircraft is equipped with an operable 
transponder with altitude reporting capability and use an assigned 
discrete beacon code while operating in the Washington, DC Metropolitan 
Area Special Flight Rules Area;
    (13) Comply with any instructions issued by ATC for the flight;
    (14) Secure the aircraft after returning to the airport from any 
flight;
    (15) Comply with all additional safety and security requirements 
specified in applicable NOTAMs; and
    (16) Comply with any Transportation Security Administration, or law 
enforcement requirements to operate to or from the airport.
    (c) A person may operate a U.S. Armed Forces, law enforcement, or 
aeromedical services aircraft to or from an affected airport provided 
the operator complies with paragraphs 3(b)(10) through 3(b)(16) of this 
SFAR and any additional procedures specified by the Administrator 
necessary to provide for the security of aircraft operations to or from 
the airport.
    4. Airport Security Procedures.
    (a) Airport security procedures submitted to the Administrator for 
approval must:
    (1) Identify and provide contact information for the airport manager 
who is responsible for ensuring that the security procedures at the 
airport are implemented and maintained;
    (2) Contain procedures to identify those aircraft eligible to be 
authorized for operations to or from the airport;
    (3) Contain procedures to ensure that a current record of those 
persons authorized to conduct operations to or from the airport and the 
aircraft in which the person is authorized to conduct those operations 
is maintained at the airport;
    (4) Contain airport arrival and departure route descriptions, air 
traffic control clearance procedures, flight plan requirements, 
communications procedures, and procedures for transponder use;
    (5) Contain procedures to monitor the security of aircraft at the 
airport during operational and non-operational hours and to alert 
aircraft owners and operators, airport operators, and the Administrator 
of unsecured aircraft;
    (6) Contain procedures to ensure that security awareness procedures 
are implemented and maintained at the airport;
    (7) Contain procedures to ensure that a copy of the approved 
security procedures is maintained at the airport and can be made 
available for inspection upon request of the Administrator;
    (8) Contain procedures to provide the Administrator with the means 
necessary to make any inspection to determine compliance with the 
approved security procedures; and
    (9) Contain any additional procedures necessary to provide for the 
security of aircraft operations to or from the airport.
    (b) Airport security procedures are approved without an expiration 
date and remain in effect unless the Administrator makes a determination 
that operations at the airport have not been conducted in accordance 
with those procedures or that those procedures must be amended in 
accordance with paragraph 4.(a)(9) of this SFAR.
    5. Waivers. The Administrator may permit an operation to or from an 
airport to which this SFAR applies, in deviation from the provisions of 
this SFAR if the Administrator finds that such action is in the public 
interest, provides the level of security required by this SFAR, and the 
operation can be conducted safely under the terms of the waiver.
    6. Delegation. The authority of the Administrator under this SFAR is 
also exercised by the Associate Administrator for Civil Aviation 
Security and the Deputy Associate Administrator for Civil Aviation 
Security. This authority may be further delegated.
    7. Expiration. This Special Federal Aviation Regulation shall remain 
in effect until February 13, 2005.

[Doc. No. FAA-2002-11580, 67 FR 7544, Feb. 19, 2002; 68 FR 7691, Feb. 
14, 2003]

[[Page 202]]


    Effective Date Note: At 67 FR 7544, Feb. 19, 2002, SFAR No. 94 was 
added, effective Feb. 13, 2002, until Feb. 13, 2005.

   SFAR NO. 97--Special Operating Rules for the Conduct of Instrument 
   Flight Rules (IFR) Area Navigation (RNAV) Operations using Global 
                   Positioning Systems (GPS) in Alaska

    Those persons identified in Section 1 may conduct IFR en route RNAV 
operations in the State of Alaska and its airspace on published air 
traffic routes using TSO C145a/C146a navigation systems as the only 
means of IFR navigation. Despite contrary provisions of parts 71, 91, 
95, 121, 125, and 135 of this chapter, a person may operate aircraft in 
accordance with this SFAR if the following requirements are met.

                Section 1. Purpose, use, and limitations

    a. This SFAR permits TSO C145a/C146a GPS (RNAV) systems to be used 
for IFR en route operations in the United States airspace over and near 
Alaska (as set forth in paragraph c of this section) at Special Minimum 
En Route Altitudes (MEA) that are outside the operational service volume 
of ground-based navigation aids, if the aircraft operation also meets 
the requirements of sections 3 and 4 of this SFAR.
    b. Certificate holders and part 91 operators may operate aircraft 
under this SFAR provided that they comply with the requirements of this 
SFAR.
    c. Operations conducted under this SFAR are limited to United States 
Airspace within and near the State of Alaska as defined in the following 
area description:
    From 62[deg]00[min]00.000[sec]N, Long. 141[deg]00[min]00.00[sec]W.; 
to Lat. 59[deg]47[min]54.11[sec]N., Long. 135[deg]28[min]38.34[sec]W.; 
to Lat. 56[deg]00[min]04.11[sec]N., Long. 130[deg]00[min]07.80[sec]W.; 
to Lat. 54[deg]43[min]00.00[sec]N., Long. 130[deg]37[min]00.00[sec]W.; 
to Lat. 51[deg]24[min]00.00[sec]N., Long. 167[deg]49[min]00.00[sec]W.; 
to Lat. 50[deg]08[min]00.00[sec]N., Long. 176[deg]34[min]00.00[sec]W.; 
to Lat. 45[deg]42[min]00.00[sec]N., Long. -162[deg]55[min]00.00[sec]E.; 
to Lat. 50[deg]05[min]00.00[sec]N., Long. -159[deg]00[min]00.00[sec]E.; 
to Lat. 54[deg]00[min]00.00[sec]N., Long. -169[deg]00[min]00.00[sec]E.; 
to Lat. 60[deg]00 00.00[sec]N., Long. -180[deg]00[min] 00.00[sec]E; to 
Lat. 65[deg]00[min]00.00[sec]N., Long. 168[deg]58[min]23.00[sec]W.; to 
Lat. 90[deg]00[min]00.00[sec]N., Long. 00[deg]00[min]0.00[sec]W.; to 
Lat. 62[deg]00[min]00.000[sec]N, Long. 141[deg]00[min]00.00[sec]W.
    (d) No person may operate an aircraft under IFR during the en route 
portion of flight below the standard MEA or at the special MEA unless 
the operation is conducted in accordance with sections 3 and 4 of this 
SFAR.

                Section 2. Definitions and abbreviations

    For the purposes of this SFAR, the following definitions and 
abbreviations apply.
    Area navigation (RNAV). RNAV is a method of navigation that permits 
aircraft operations on any desired flight path.
    Area navigation (RNAV) route. RNAV route is a published route based 
on RNAV that can be used by suitably equipped aircraft.
    Certificate holder. A certificate holder means a person holding a 
certificate issued under part 119 or part 125 of this chapter or holding 
operations specifications issued under part 129 of this chapter.
    Global Navigation Satellite System (GNSS). GNSS is a world-wide 
position and time determination system that uses satellite ranging 
signals to determine user location. It encompasses all satellite ranging 
technologies, including GPS and additional satellites. Components of the 
GNSS include GPS, the Global Orbiting Navigation Satellite System, and 
WAAS satellites.
    Global Positioning System (GPS). GPS is a satellite-based radio 
navigational, positioning, and time transfer system. The system provides 
highly accurate position and velocity information and precise time on a 
continuous global basis to properly equipped users.
    Minimum crossing altitude (MCA). The minimum crossing altitude (MCA) 
applies to the operation of an aircraft proceeding to a higher minimum 
en route altitude when crossing specified fixes.
    Required navigation system. Required navigation system means 
navigation equipment that meets the performance requirements of TSO 
C145a/C146a navigation systems certified for IFR en route operations.
    Route segment. Route segment is a portion of a route bounded on each 
end by a fix or NAVAID.
    Special MEA. Special MEA refers to the minimum en route altitudes, 
using required navigation systems, on published routes outside the 
operational service volume of ground-based navigation aids and are 
depicted on the published Low Altitude and High Altitude En Route Charts 
using the color blue and with the suffix ``G.'' For example, a GPS MEA 
of 4000 feet MSL would be depicted using the color blue, as 4000G.
    Standard MEA. Standard MEA refers to the minimum en route IFR 
altitude on published routes that uses ground-based navigation aids and 
are depicted on the published Low Altitude and High Altitude En Route 
Charts using the color black.
    Station referenced. Station referenced refers to radio navigational 
aids or fixes that are referenced by ground based navigation facilities 
such as VOR facilities.
    Wide Area Augmentation System (WAAS). WAAS is an augmentation to GPS 
that calculates GPS integrity and correction data on the ground and uses 
geo-stationary satellites to broadcast GPS integrity and correction data 
to GPS/WAAS users and to provide ranging signals. It is a safety 
critical system

[[Page 203]]

consisting of a ground network of reference and integrity monitor data 
processing sites to assess current GPS performance, as well as a space 
segment that broadcasts that assessment to GNSS users to support en 
route through precision approach navigation. Users of the system include 
all aircraft applying the WAAS data and ranging signal.

                   Section 3. Operational Requirements

    To operate an aircraft under this SFAR, the following requirements 
must be met:
    a. Training and qualification for operations and maintenance 
personnel on required navigation equipment used under this SFAR.
    b. Use authorized procedures for normal, abnormal, and emergency 
situations unique to these operations, including degraded navigation 
capabilities, and satellite system outages.
    c. For certificate holders, training of flight crewmembers and other 
personnel authorized to exercise operational control on the use of those 
procedures specified in paragraph b of this section.
    d. Part 129 operators must have approval from the State of the 
operator to conduct operations in accordance with this SFAR.
    e. In order to operate under this SFAR, a certificate holder must be 
authorized in operations specifications.

                    Section 4. Equipment Requirements

    a. The certificate holder must have properly installed, 
certificated, and functional dual required navigation systems as defined 
in section 2 of this SFAR for the en route operations covered under this 
SFAR.
    b. When the aircraft is being operated under part 91, the aircraft 
must be equipped with at least one properly installed, certificated, and 
functional required navigation system as defined in section 2 of this 
SFAR for the en route operations covered under this SFAR.

                       Section 5. Expiration date

    This Special Federal Aviation Regulation will remain in effect until 
rescinded.

[Doc. No. FAA-2003-14305, 68 FR 14077, Mar. 21, 2003]

SFAR NO. 104--Prohibition Against Certain Flights by Syrian Air Carriers 
                          to the United States

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 104 applies to any air carrier owned or controlled by Syria that is 
engaged in scheduled international air services.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 104, no air carrier described in paragraph 1 may 
take off from or land in the territory of the United States.
    3. Permitted operations. This SFAR does not prohibit overflights of 
the territory of the United States by any air carrier described in 
paragraph 1.
    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 of any air carrier described in paragraph 1 may deviate 
from this SFAR to the extent required by that emergency. Each person who 
deviates from this rule must, within 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. 104 will remain in effect until further 
notice.

[Doc. No. FAA-2004-17763, 69 FR 31719, June 4, 2004]



                            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 paragraphs (b) and (c) of this section and 
Sec. Sec. 91.701 and 91.703, this part prescribes rules governing the 
operation of aircraft (other than moored balloons, kites, unmanned 
rockets, and unmanned free balloons, which are governed by part 101 of 
this chapter, and ultralight vehicles operated in accordance with part 
103 of this chapter) within the United States, including the waters 
within 3 nautical miles of the U.S. coast.
    (b) Each person operating an aircraft in the airspace overlying the 
waters between 3 and 12 nautical miles from the coast of the United 
States must comply with Sec. Sec. 91.1 through 91.21; Sec. Sec. 91.101 
through 91.143; Sec. Sec. 91.151 through 91.159; Sec. Sec. 91.167 
through 91.193; Sec. 91.203; Sec. 91.205; Sec. Sec. 91.209 through 
91.217; Sec. 91.221; Sec. Sec. 91.303 through 91.319; Sec. Sec. 
91.323 through 91.327; Sec. 91.605; Sec. 91.609; Sec. Sec. 91.703 
through 91.715; and Sec. 91.903.
    (c) This part applies to each person on board an aircraft being 
operated under this part, unless otherwise specified.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-257, 
64 FR 1079, Jan. 7, 1999; Amdt. 91-282, 69 FR 44880, July 27, 2004]

[[Page 204]]



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 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 on 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.

[[Page 205]]



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 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--

[[Page 206]]

    (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--
    (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, 135, or 141 of this 
chapter, or
    (ii) The party furnishing the aircraft is a foreign air carrier or a 
person operating under part 121, 125, and 141 of this chapter, or a 
person operating under part 135 of this chapter having authority to 
engage in on-demand 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

[[Page 207]]

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; Amdt. 91-253, 62 FR 13253, Mar. 19, 1997; 
Amdt. 91-267, 66 FR 21066, Apr. 27, 2001]



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.



Sec. Sec. 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.



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

[[Page 208]]

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 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

[[Page 209]]

    (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--
    (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.

[[Page 210]]

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, powered 
parachute, weight-shift-control aircraft, airplane, or rotorcraft.
    (3) An airship has the right-of-way over a powered parachute, 
weight-shift-control aircraft, 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.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-282, 
69 FR 44880, July 27, 2004]



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 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:

[[Page 211]]

    (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[sec] 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 Sec. Sec. 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:

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

[[Page 212]]

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 or a powered parachute 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 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; Amdt. 91-282, 69 FR 44880, July 27, 2004]



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

[[Page 213]]

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 Sec. Sec. 91.126 and 91.127. For the purpose of this 
section, the primary airport is the airport for which the Class D 
airspace area is designated. A satellite airport is any other airport 
within the Class D airspace area.
    (b) Deviations. An operator may deviate from any provision of this 
section under the provisions of an ATC authorization issued by the ATC 
facility having jurisdiction over the airspace concerned. ATC may 
authorize a deviation on a continuing basis or for an individual flight, 
as appropriate.
    (c) Communications. Each person operating an aircraft in Class D 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class D airspace area; or
    (ii) From a satellite airport without an operating control tower, 
must establish and maintain two-way radio communications with the ATC 
facility having jurisdiction over the Class D airspace area as soon as 
practicable after departing.
    (d) Communications failure. Each person who operates an aircraft in 
a Class D airspace area must maintain two-way radio communications with 
the ATC facility having jurisdiction over that area.
    (1) If the aircraft radio fails in flight under IFR, the pilot must 
comply with 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

[[Page 214]]

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.
    (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

[[Page 215]]

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;
    (ii) The pilot in command holds a recreational pilot certificate and 
has met--
    (A) The requirements of Sec. 61.101(d) of this chapter; or
    (B) The requirements for a student pilot seeking a recreational 
pilot certificate in Sec. 61.94 of this chapter;
    (iii) The pilot in command holds a sport pilot certificate and has 
met --
    (A) The requirements of Sec. 61.325 of this chapter; or
    (B) The requirements for a student pilot seeking a recreational 
pilot certificate in Sec. 61.94 of this chapter; or
    (iv) The aircraft is operated by a student pilot who has met the 
requirements of Sec. 61.94 or Sec. 61.95 of this chapter, as 
applicable.
    (2) Notwithstanding the provisions of paragraphs (b)(1)(ii), 
(b)(1)(iii) and (b)(1)(iv) of this section, no person may take off or 
land a civil aircraft at those airports listed in section 4 of appendix 
D to 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, as amended by Amdt. 91-282, 
69 FR 44880, July 27, 2004]



Sec. 91.133  Restricted and prohibited areas.

    (a) No person may operate an aircraft within a restricted area 
(designated in part 73) contrary to the restrictions imposed, or within 
a prohibited area, unless that person has the permission of the using or 
controlling agency, as appropriate.
    (b) Each person conducting, within a restricted area, an aircraft 
operation (approved by the using agency) that creates the same hazards 
as the operations for which the restricted area was designated may 
deviate from the rules of this subpart that are not compatible with the 
operation of the aircraft.



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:

[[Page 216]]

    (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 in the vicinity of 
disaster/hazard areas.

    (a) The Administrator will issue a Notice to Airmen (NOTAM) 
designating an area within which temporary flight restrictions apply and 
specifying the hazard or condition requiring their imposition, whenever 
he determines it is necessary in order to--
    (1) Protect persons and property on the surface or in the air from a 
hazard associated with an incident on the surface;
    (2) Provide a safe environment for the operation of disaster relief 
aircraft; or
    (3) Prevent an unsafe congestion of sightseeing and other aircraft 
above an incident or event which may generate a high degree of public 
interest.

The Notice to Airmen will specify the hazard or condition that requires 
the imposition of temporary flight restrictions.
    (b) When a NOTAM has been issued under paragraph (a)(1) of this 
section, no person may operate an aircraft within the designated area 
unless that aircraft is participating in the hazard relief activities 
and is being operated under the direction of the official in charge of 
on scene emergency response activities.
    (c) When a NOTAM has been issued under paragraph (a)(2) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions are met:
    (1) The aircraft is participating in hazard relief activities and is 
being operated under the direction of the official in charge of on scene 
emergency response activities.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is operating under the ATC approved IFR flight 
plan.
    (4) The operation is conducted directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather, or terrain; notification is given to 
the Flight Service Station (FSS) or ATC facility specified in the NOTAM 
to receive advisories concerning disaster relief aircraft operations; 
and the operation does not hamper or endanger relief activities and is 
not conducted for the purpose of observing the disaster.
    (5) The aircraft is carrying properly accredited news 
representatives, and, prior to entering the area, a flight plan is filed 
with the appropriate FAA or ATC facility specified in the Notice to 
Airmen and the operation is conducted above the altitude used by the 
disaster relief aircraft, unless otherwise authorized by the official in 
charge of on scene emergency response activities.
    (d) When a NOTAM has been issued under paragraph (a)(3) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions is met:

[[Page 217]]

    (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 area unless at 
least one of the following conditions is met:
    (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.
    (5) The aircraft is operating in accordance with an ATC clearance or 
instruction.
    (c) A NOTAM issued under this section is effective for 90 days or 
until the national disaster area designation is terminated, whichever 
comes first, unless terminated by notice or extended by the 
Administrator at the request of the Governor of the State of Hawaii or 
the Governor's designee.

[Doc. No. 26476, 56 FR 23178, May 20, 1991, as amended by Amdt. 91-270, 
66 FR 47377, Sept. 11, 2001]



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

[[Page 218]]

    (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.

    When a Notice to Airmen (NOTAM) is issued in accordance with this 
section, 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 NOTAM for 
space flight operation except when authorized by ATC.

[Doc. No. FAA-2004-19246, 69 FR 59753, Oct. 5, 2004]



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]



Sec. 91.145  Management of aircraft operations in the vicinity of 
aerial demonstrations and major sporting events.

    (a) The FAA will issue a Notice to Airmen (NOTAM) designating an 
area of airspace in which a temporary flight restriction applies when it 
determines that a temporary flight restriction is necessary to protect 
persons or property on the surface or in the air, to maintain air safety 
and efficiency, or to prevent the unsafe congestion of aircraft in the 
vicinity of an aerial demonstration or major sporting event. These 
demonstrations and events may include:
    (1) United States Naval Flight Demonstration Team (Blue Angels);
    (2) United States Air Force Air Demonstration Squadron 
(Thunderbirds);
    (3) United States Army Parachute Team (Golden Knights);
    (4) Summer/Winter Olympic Games;
    (5) Annual Tournament of Roses Football Game;
    (6) World Cup Soccer;
    (7) Major League Baseball All-Star Game;
    (8) World Series;
    (9) Kodak Albuquerque International Balloon Fiesta;
    (10) Sandia Classic Hang Gliding Competition;
    (11) Indianapolis 500 Mile Race;
    (12) Any other aerial demonstration or sporting event the FAA 
determines to need a temporary flight restriction in accordance with 
paragraph (b) of this section.
    (b) In deciding whether a temporary flight restriction is necessary 
for an aerial demonstration or major sporting event not listed in 
paragraph (a) of this section, the FAA considers the following factors:

[[Page 219]]

    (1) Area where the event will be held.
    (2) Effect flight restrictions will have on known aircraft 
operations.
    (3) Any existing ATC airspace traffic management restrictions.
    (4) Estimated duration of the event.
    (5) Degree of public interest.
    (6) Number of spectators.
    (7) Provisions for spectator safety.
    (8) Number and types of participating aircraft.
    (9) Use of mixed high and low performance aircraft.
    (10) Impact on non-participating aircraft.
    (11) Weather minimums.
    (12) Emergency procedures that will be in effect.
    (c) A NOTAM issued under this section will state the name of the 
aerial demonstration or sporting event and specify the effective dates 
and times, the geographic features or coordinates, and any other 
restrictions or procedures governing flight operations in the designated 
airspace.
    (d) When a NOTAM has been issued in accordance with this section, no 
person may operate an aircraft or device, or engage in any activity 
within the designated airspace area, except in accordance with the 
authorizations, terms, and conditions of the temporary flight 
restriction published in the NOTAM, unless otherwise authorized by:
    (1) Air traffic control; or
    (2) A Flight Standards Certificate of Waiver or Authorization issued 
for the demonstration or event.
    (e) For the purpose of this section:
    (1) Flight restricted airspace area for an aerial demonstration--The 
amount of airspace needed to protect persons and property on the surface 
or in the air, to maintain air safety and efficiency, or to prevent the 
unsafe congestion of aircraft will vary depending on the aerial 
demonstration and the factors listed in paragraph (b) of this section. 
The restricted airspace area will normally be limited to a 5 nautical 
mile radius from the center of the demonstration and an altitude 17000 
mean sea level (for high performance aircraft) or 13000 feet above the 
surface (for certain parachute operations), but will be no greater than 
the minimum airspace necessary for the management of aircraft operations 
in the vicinity of the specified area.
    (2) Flight restricted area for a major sporting event--The amount of 
airspace needed to protect persons and property on the surface or in the 
air, to maintain air safety and efficiency, or to prevent the unsafe 
congestion of aircraft will vary depending on the size of the event and 
the factors listed in paragraph (b) of this section. The restricted 
airspace will normally be limited to a 3 nautical mile radius from the 
center of the event and 2500 feet above the surface but will not be 
greater than the minimum airspace necessary for the management of 
aircraft operations in the vicinity of the specified area.
    (f) A NOTAM issued under this section will be issued at least 30 
days in advance of an aerial demonstration or a major sporting event, 
unless the FAA finds good cause for a shorter period and explains this 
in the NOTAM.
    (g) When warranted, the FAA Administrator may exclude the following 
flights from the provisions of this section:
    (1) Essential military.
    (2) Medical and rescue.
    (3) Presidential and Vice Presidential.
    (4) Visiting heads of state.
    (5) Law enforcement and security.
    (6) Public health and welfare.

[Doc. No. FAA-2000-8274, 66 FR 47378, Sept. 11, 2001]



Sec. Sec. 91.146-91.149  [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 (considering wind and forecast weather conditions) 
there is enough fuel to fly

[[Page 220]]

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, powered parachute, or weight-shift-control aircraft. 
If the visibility is less than 3 statute miles but not less than 1 
statute mile during night hours and you are operating in an airport 
traffic pattern within \1/2\

[[Page 221]]

mile of the runway, you may operate an airplane, powered parachute, or 
weight-shift-control aircraft clear of clouds.
    (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; Amdt. 91-282, 69 FR 44880, July 27, 2004]



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. For the purposes of this paragraph, the term 
flight visibility includes the visibility from the cockpit of an 
aircraft in takeoff position if:
    (i) The flight is conducted under this part 91; and
    (ii) The airport at which the aircraft is located is a satellite 
airport that does not have weather reporting capabilities.
    (d) The determination of visibility by a pilot in accordance with 
paragraph (c)(2) of this section is not an official weather report or an 
official ground visibility report.

[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91-247, 60 
FR 66874, Dec. 27, 1995; Amdt. 91-262, 65 FR 16116, Mar. 24, 2000]



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, maintain the altitude or 
flight level assigned by ATC.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-276, 
68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]

[[Page 222]]



Sec. Sec. 91.161-91.165  [Reserved]

                         Instrument Flight Rules



Sec. 91.167  Fuel requirements for flight in IFR conditions.

    (a) 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) Except as provided in paragraph (b) of this section, 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 to, or a special instrument approach procedure has 
been issued by the Administrator to the operator for, the first airport 
of intended landing; and
    (2) Appropriate weather reports or weather forecasts, or a 
combination of them, indicate the following:
    (i) For aircraft other than helicopters. For at least 1 hour before 
and for 1 hour after the estimated time of arrival, the ceiling will be 
at least 2,000 feet above the airport elevation and the visibility will 
be at least 3 statute miles.
    (ii) For helicopters. At the estimated time of arrival and for 1 
hour after the estimated time of arrival, the ceiling will be at least 
1,000 feet above the airport elevation, or at least 400 feet above the 
lowest applicable approach minima, whichever is higher, and the 
visibility will be at least 2 statute miles.

[Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000]



Sec. 91.169  IFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing an IFR flight plan must include in it the following 
information:
    (1) Information required under Sec. 91.153 (a) of this part;
    (2) Except as provided in paragraph (b) of this section, an 
alternate airport.
    (b) Paragraph (a)(2) of this section does not apply if :
    (1) Part 97 of this chapter prescribes a standard instrument 
approach procedure to, or a special instrument approach procedure has 
been issued by the Administrator to the operator for, the first airport 
of intended landing; and
    (2) Appropriate weather reports or weather forecasts, or a 
combination of them, indicate the following:
    (i) For aircraft other than helicopters. For at least 1 hour before 
and for 1 hour after the estimated time of arrival, the ceiling will be 
at least 2,000 feet above the airport elevation and the visibility will 
be at least 3 statute miles.
    (ii) For helicopters. At the estimated time of arrival and for 1 
hour after the estimated time of arrival, the ceiling will be at least 
1,000 feet above the airport elevation, or at least 400 feet above the 
lowest applicable approach minima, whichever is higher, and the 
visibility will be at least 2 statute miles.
    (c) IFR alternate airport weather minima. Unless otherwise 
authorized by the Administrator, no person may include an alternate 
airport in an IFR flight plan unless appropriate weather reports or 
weather forecasts, or a combination of them, 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 weather 
minima:
    (1) If an instrument approach procedure has been published in part 
97 of this chapter, or a special instrument approach procedure has been 
issued by the Administrator to the operator, for that airport, the 
following minima:
    (i) For aircraft other than helicopters: The alternate airport 
minima specified in that procedure, or if none are specified the 
following standard approach minima:
    (A) For a precision approach procedure. Ceiling 600 feet and 
visibility 2 statute miles.
    (B) For a nonprecision approach procedure. Ceiling 800 feet and 
visibility 2 statute miles.

[[Page 223]]

    (ii) For helicopters: Ceiling 200 feet above the minimum for the 
approach to be flown, and visibility at least 1 statute mile but never 
less than the minimum visibility for the approach to be flown, and
    (2) If no instrument approach procedure has been published in part 
97 of this chapter and no special instrument approach procedure has been 
issued by the Administrator to the operator, for the alternate airport, 
the ceiling and visibility minima 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.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-259, 
65 FR 3546, Jan. 21, 2000]



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 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 
Administrator 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)

[[Page 224]]



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. Except as provided in paragraph (l) 
of this section, where a DH or MDA is applicable, no pilot may operate 
an aircraft, except a military aircraft of the United States, at any 
airport below the authorized MDA or continue an approach below the 
authorized DH unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and for operations conducted under part 
121 or part 135 unless that descent rate will allow touchdown to occur 
within the touchdown zone of the runway of intended landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach being used; and
    (3) Except for a Category II or Category III approach where any 
necessary visual reference requirements are specified by the 
Administrator, at least one of the following visual references for the 
intended runway is distinctly visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights.
    (d) Landing. No pilot operating an aircraft, except a military 
aircraft of the United States, may land that aircraft when--
    (1) For operations conducted under paragraph (l) of this section, 
the requirements of (l)(4) of this section are not met; or
    (2) For all other part 91 operations and parts 121, 125, 129, and 
135 operations, 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 operating an aircraft pursuant to paragraph (c) or (l) 
of this section and the requirements of that paragraph 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.

[[Page 225]]

    (f) Civil airport takeoff minimums. Unless otherwise authorized by 
the Administrator, no pilot operating an aircraft under parts 121, 125, 
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\
------------------------------------------------------------------------

    (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.

[[Page 226]]

    (l) Approach to straight-in landing operations below DH, or MDA 
using an enhanced flight vision system (EFVS). For straight-in 
instrument approach procedures other than Category II or Category III, 
no pilot operating under this section or Sec. Sec. 121.651, 125.381, 
and 135.225 of this chapter may operate an aircraft at any airport below 
the authorized MDA or continue an approach below the authorized DH and 
land unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and, for operations conducted under part 
121 or part 135 of this chapter, the descent rate will allow touchdown 
to occur within the touchdown zone of the runway of intended landing;
    (2) The pilot determines that the enhanced flight visibility 
observed by use of a certified enhanced flight vision system is not less 
than the visibility prescribed in the standard instrument approach 
procedure being used;
    (3) The following visual references for the intended runway are 
distinctly visible and identifiable to the pilot using the enhanced 
flight vision system:
    (i) The approach light system (if installed); or
    (ii) The following visual references in both paragraphs 
(l)(3)(ii)(A) and (B) of this section:
    (A) The runway threshold, identified by at least one of the 
following:
    (1) The beginning of the runway landing surface;
    (2) The threshold lights; or
    (3) The runway end identifier lights.
    (B) The touchdown zone, identified by at least one of the following:
    (1) The runway touchdown zone landing surface;
    (2) The touchdown zone lights;
    (3) The touchdown zone markings; or
    (4) The runway lights.
    (4) At 100 feet above the touchdown zone elevation of the runway of 
intended landing and below that altitude, the flight visibility must be 
sufficient for the following to be distinctly visible and identifiable 
to the pilot without reliance on the enhanced flight vision system to 
continue to a landing:
    (i) The lights or markings of the threshold; or
    (ii) The lights or markings of the touchdown zone;
    (5) The pilot(s) is qualified to use an EFVS as follows--
    (i) For parts 119 and 125 certificate holders, the applicable 
training, testing and qualification provisions of parts 121, 125, and 
135 of this chapter;
    (ii) For foreign persons, in accordance with the requirements of the 
civil aviation authority of the State of the operator; or
    (iii) For persons conducting any other operation, in accordance with 
the applicable currency and proficiency requirements of part 61 of this 
chapter;
    (6) For parts 119 and 125 certificate holders, and part 129 
operations specifications holders, their operations specifications 
authorize use of EFVS; and
    (7) The aircraft is equipped with, and the pilot uses, an enhanced 
flight vision system, the display of which is suitable for maneuvering 
the aircraft and has either an FAA type design approval or, for a 
foreign-registered aircraft, the EFVS complies with all of the EFVS 
requirements of this chapter.
    (m) For purposes of this section, ``enhanced flight vision system'' 
(EFVS) is an installed airborne system comprised of the following 
features and characteristics:
    (1) An electronic means to provide a display of the forward external 
scene topography (the natural or manmade features of a place or region 
especially in a way to show their relative positions and elevation) 
through the use of imaging sensors, such as a forward-looking infrared, 
millimeter wave radiometry, millimeter wave radar, and low-light level 
image intensifying;
    (2) The EFVS sensor imagery and aircraft flight symbology (i.e., at 
least airspeed, vertical speed, aircraft attitude, heading, altitude, 
command guidance as appropriate for the approach to be flown, path 
deviation indications, and flight path vector, and flight path angle 
reference cue) are presented on a head-up display, or an equivalent 
display, so that they are clearly visible to the pilot flying in his or 
her normal position and line of vision and looking

[[Page 227]]

forward along the flight path, to include:
    (i) The displayed EFVS imagery, attitude symbology, flight path 
vector, and flight path angle reference cue, and other cues, which are 
referenced to this imagery and external scene topography, must be 
presented so that they are aligned with and scaled to the external view; 
and
    (ii) The flight path angle reference cue must be displayed with the 
pitch scale, selectable by the pilot to the desired descent angle for 
the approach, and suitable for monitoring the vertical flight path of 
the aircraft on approaches without vertical guidance; and
    (iii) The displayed imagery and aircraft flight symbology do not 
adversely obscure the pilot's outside view or field of view through the 
cockpit window;
    (3) The EFVS includes the display element, sensors, computers and 
power supplies, indications, and controls. It may receive inputs from an 
airborne navigation system or flight guidance system; and
    (4) The display characteristics and dynamics are suitable for manual 
control of the aircraft.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001; Amdt. 91-281, 69 FR 1640, Jan. 9, 2004]



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 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 in non-RVSM 
airspace, 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

[[Page 228]]

    (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).
    (4) When operating at flight level 290 and above in airspace 
designated as Reduced Vertical Separation Minimum (RVSM) airspace and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level, at 2,000-foot intervals beginning at and including 
flight level 290 (such as flight level 290, 310, 330, 350, 370, 390, 
410); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level, at 2000-foot intervals beginning at and including 
flight level 300 (such as 300, 320, 340, 360, 380, 400).

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-276, 
68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]



Sec. 91.180  Operations within airspace designated as Reduced Vertical 
Separation Minimum airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft in airspace designated as Reduced Vertical 
Separation Minimum (RVSM) airspace unless:
    (1) The operator and the operator's aircraft comply with the minimum 
standards of appendix G of this part; and
    (2) The operator is authorized by the Administrator or the country 
of registry to conduct such operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section.

[Amdt. 91-276, 68 FR 70133, Dec. 17, 2003]



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:

[[Page 229]]

    (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 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

[[Page 230]]

100 feet above the touchdown zone elevation using the approach lights as 
a reference unless the red terminating bars or the red side row bars are 
also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The touchdown zone or touchdown zone markings.
    (vi) The touchdown zone lights.
    (e) Unless otherwise authorized by the Administrator, each pilot 
operating an aircraft shall immediately execute an appropriate missed 
approach whenever, prior to touchdown, the requirements of paragraph (d) 
of this section are not met.
    (f) No person operating an aircraft using a Category III approach 
without decision height may land that aircraft except in accordance with 
the provisions of the letter of authorization issued by the 
Administrator.
    (g) Paragraphs (a) through (f) of this section do not apply to 
operations conducted by certificate holders operating under part 121, 
125, 129, or 135 of this chapter, or holders of management 
specifications issued in accordance with subpart K of this part. Holders 
of operations specifications or management specifications may operate a 
civil aircraft in a Category II or Category III operation only in 
accordance with their operations specifications or management 
specifications, as applicable.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54560, Sept. 17, 2003]



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 
certificate holder operating under part 121 or part 135 of this chapter 
or a holder of management specifications issued in accordance with 
subpart K of this part.

[Doc. No. 26933, 61 FR 34560, July 2, 1996, as amended by Amdt. 91-280, 
68 FR 54560, Sept. 17, 2003]



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 Sec. Sec. 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.



Sec. Sec. 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

[[Page 231]]

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.
    (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

[[Page 232]]

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.
    (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

[[Page 233]]

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.
    (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]

    Effective Date Note: By Amdt. 91-285, 69 FR 77599, Dec. 27, 2004, 
Sec. 91.205 was amended by revising paragraph (b)(12), effective Feb. 
7, 2005. For the convenience of the user, the revised text is set forth 
as follows:

Sec. 91.205  Powered Civil Aircraft with standard category U.S. 
          airworthiness certificates: Instrument and equipment 
          requirements.

    (b) * * *
    (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, unless the aircraft is operating under 
part 121 of this subchapter, 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.

                                * * * * *



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

[[Page 234]]

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) Before January 1, 2004, turbojet-powered aircraft;
    (2) Aircraft while engaged in scheduled flights by scheduled air 
carriers;
    (3) Aircraft while engaged in training operations conducted entirely 
within a 50-nautical mile radius of the airport from which such local 
flight operations began;
    (4) Aircraft while engaged in flight operations incident to design 
and testing;
    (5) New aircraft while engaged in flight operations incident to 
their manufacture, preparation, and delivery;
    (6) Aircraft while engaged in flight operations incident to the 
aerial application of chemicals and other substances for agricultural 
purposes;
    (7) Aircraft certificated by the Administrator for research and 
development purposes;
    (8) Aircraft while used for showing compliance with regulations, 
crew training, exhibition, air racing, or market surveys;
    (9) Aircraft equipped to carry not more than one person.
    (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; and
    (11) On and after January 1, 2004, aircraft with a maximum payload 
capacity of more than 18,000 pounds when used in air transportation.

[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; Amdt. 91-265, 65 
FR 81319, Dec. 22, 2000; 66 FR 16316, Mar. 23, 2001]



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--

[[Page 235]]

    (1) At cabin pressure altitudes above 12,500 feet (MSL) up to and 
including 14,000 feet (MSL) unless the required minimum flight crew is 
provided with and uses supplemental oxygen for that part of the flight 
at those altitudes that is of more than 30 minutes duration;
    (2) At cabin pressure altitudes above 14,000 feet (MSL) unless the 
required minimum flight crew is provided with and uses supplemental 
oxygen during the entire flight time at those altitudes; and
    (3) At cabin pressure altitudes above 15,000 feet (MSL) unless each 
occupant of the aircraft is provided with supplemental oxygen.
    (b) Pressurized cabin aircraft. (1) No person may operate a civil 
aircraft of U.S. registry with a pressurized cabin--
    (i) At flight altitudes above flight level 250 unless at least a 10-
minute supply of supplemental oxygen, in addition to any oxygen required 
to satisfy paragraph (a) of this section, is available for each occupant 
of the aircraft for use in the event that a descent is necessitated by 
loss of cabin pressurization; and
    (ii) At flight altitudes above flight level 350 unless one pilot at 
the controls of the airplane is wearing and using an oxygen mask that is 
secured and sealed and that either supplies oxygen at all times or 
automatically supplies oxygen whenever the cabin pressure altitude of 
the airplane exceeds 14,000 feet (MSL), except that the one pilot need 
not wear and use an oxygen mask while at or below flight level 410 if 
there are two pilots at the controls and each pilot has a quick-donning 
type of oxygen mask that can be placed on the face with one hand from 
the ready position within 5 seconds, supplying oxygen and properly 
secured and sealed.
    (2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any 
reason at any time it is necessary for one pilot to leave the controls 
of the aircraft when operating at flight altitudes above flight level 
350, the remaining pilot at the controls shall put on and use an oxygen 
mask until the other pilot has returned to that crewmember's station.



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

[[Page 236]]

issued for a specific aircraft under subpart K of this part, part 121, 
125, or 135 of this chapter must use that Minimum Equipment List to 
comply with the requirements in this section.
    (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, non-turbine-powered airplane, glider, lighter-than-
air aircraft, powered parachute, or weight-shift-control 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--
    (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 Sec. Sec. 21.197 and 21.199 of 
this chapter.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54560, Sept. 17, 2003; Amdt. 91-282, 69 FR 44880, July 27, 2004]



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 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

[[Page 237]]

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 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; 
Amdt. 91-267, 66 FR 21066, Apr. 27, 2001]



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.

[[Page 238]]



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 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.



Sec. 91.223  Terrain awareness and warning system.

    (a) Airplanes manufactured after March 29, 2002. Except as provided 
in paragraph (d) of this section, no person may operate a turbine-
powered U.S.-registered airplane configured with six or more passenger 
seats, excluding any pilot seat, unless that airplane is equipped with 
an approved terrain awareness and warning system that as

[[Page 239]]

a minimum meets the requirements for Class B equipment in Technical 
Standard Order (TSO)-C151.
    (b) Airplanes manufactured on or before March 29, 2002. Except as 
provided in paragraph (d) of this section, no person may operate a 
turbine-powered U.S.-registered airplane configured with six or more 
passenger seats, excluding any pilot seat, after March 29, 2005, unless 
that airplane is equipped with an approved terrain awareness and warning 
system that as a minimum meets the requirements for Class B equipment in 
Technical Standard Order (TSO)-C151.

(Approved by the Office of Management and Budget under control number 
2120-0631)

    (c) Airplane Flight Manual. The Airplane Flight Manual shall contain 
appropriate procedures for--
    (1) The use of the terrain awareness and warning system; and
    (2) Proper flight crew reaction in response to the terrain awareness 
and warning system audio and visual warnings.
    (d) Exceptions. Paragraphs (a) and (b) of this section do not apply 
to--
    (1) Parachuting operations when conducted entirely within a 50 
nautical mile radius of the airport from which such local flight 
operations began.
    (2) Firefighting operations.
    (3) Flight operations when incident to the aerial application of 
chemicals and other substances.

[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]



Sec. Sec. 91.224-91.299  [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--
    (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 conduct, a parachute operation from an aircraft within the 
United States except in accordance with part 105 of this chapter.
    (c) Unless each occupant of the aircraft is wearing an approved 
parachute, no pilot of a civil aircraft carrying any

[[Page 240]]

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. 
61.67 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.

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-255, 
62 FR 68137, Dec. 30, 1997; Amdt. 91-268, 66 FR 23553, May 9, 2001]



Sec. 91.309  Towing: Gliders and unpowered ultralight vehicles.

    (a) No person may operate a civil aircraft towing a glider or 
unpowered ultralight vehicle 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 or unpowered 
ultralight vehicle 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 or unpowered 
ultralight vehicle if--
    (i) A safety link is installed at the point of attachment of the 
towline to the glider or unpowered ultralight vehicle with a breaking 
strength not less than 80 percent of the maximum certificated operating 
weight of the glider or unpowered ultralight vehicle 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 or unpowered ultralight vehicle end of the towline and not 
greater than twice the maximum certificated operating weight of the 
glider or unpowered ultralight vehicle;
    (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 or unpowered 
ultralight vehicle 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 or unpowered ultralight vehicle, 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; Amdt. 91-282, 69 FR 44880, July 27, 2004]



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 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--

[[Page 241]]

    (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.
    (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;

[[Page 242]]

    (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 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;

[[Page 243]]

    (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) No person may operate an aircraft that is issued an experimental 
certificate under Sec. 21.191(i) of this chapter for compensation or 
hire, except a person may operate an aircraft issued an experimental 
certificate under Sec. 21.191(i)(1) for compensation or hire to--
    (1) Tow a glider that is a light-sport aircraft or unpowered 
ultralight vehicle in accordance with Sec. 91.309; or
    (2) Conduct flight training in an aircraft which that person 
provides prior to January 31, 2010.
    (f) No person may lease an aircraft that is issued an experimental 
certificate under Sec. 21.191(i) of this chapter, except in accordance 
with paragraph (e)(1) of this section.
    (g) No person may operate an aircraft issued an experimental 
certificate under Sec. 21.191(i)(1) of this chapter to tow a glider 
that is a light-sport aircraft or unpowered ultralight vehicle for 
compensation or hire or to conduct flight training for compensation or 
hire in an aircraft which that persons provides unless within the 
preceding 100 hours of time in service the aircraft has--
    (1) Been inspected by a certificated repairman (light-sport 
aircraft) with a maintenance rating, an appropriately rated mechanic, or 
an appropriately rated repair station in accordance with inspection 
procedures developed by the aircraft manufacturer or a person acceptable 
to the FAA; or
    (2) Received an inspection for the issuance of an airworthiness 
certificate in accordance with part 21 of this chapter.
    (h) The FAA may issue deviation authority providing relief from the 
provisions of paragraph (a) of this section for the purpose of 
conducting flight training. The FAA will issue this deviation authority 
as a letter of deviation authority.
    (1) The FAA may cancel or amend a letter of deviation authority at 
any time.
    (2) An applicant must submit a request for deviation authority to 
the FAA at least 60 days before the date of intended operations. A 
request for deviation authority must contain a complete description of 
the proposed operation and justification that establishes a level of 
safety equivalent to that provided under the regulations for the 
deviation requested.
    (i) 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)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-282, 
69 FR 44881, July 27, 2004]



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

[[Page 244]]

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) A certificate holder conducting operations under part 121 or 
part 135 of this chapter; 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, as amended by Amdt. 91-253, 62 FR 13253, Mar. 19, 1997]



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]



Sec. 91.327  Aircraft having a special airworthiness certificate in 
the light-sport category: Operating limitations.

    (a) No person may operate an aircraft that has a special 
airworthiness certificate in the light-sport category for compensation 
or hire except--
    (1) To tow a glider or an unpowered ultralight vehicle in accordance 
with Sec. 91.309 of this chapter; or
    (2) To conduct flight training.
    (b) No person may operate an aircraft that has a special 
airworthiness certificate in the light-sport category unless--
    (1) The aircraft is maintained by a certificated repairman with a 
light-sport aircraft maintenance rating, an appropriately rated 
mechanic, or an appropriately rated repair station in accordance with 
the applicable provisions of part 43 of this chapter and maintenance and 
inspection procedures developed by the aircraft manufacturer or a person 
acceptable to the FAA;
    (2) A condition inspection is performed once every 12 calendar 
months by a certificated repairman (light-sport aircraft) with a 
maintenance rating, an appropriately rated mechanic, or an appropriately 
rated repair station in accordance with inspection procedures developed 
by the aircraft manufacturer or a person acceptable to the FAA;
    (3) The owner or operator complies with all applicable airworthiness 
directives;
    (4) The owner or operator complies with each safety directive 
applicable to the aircraft that corrects an existing unsafe condition. 
In lieu of complying with a safety directive an owner or operator may--
    (i) Correct the unsafe condition in a manner different from that 
specified in the safety directive provided the person issuing the 
directive concurs with the action; or
    (ii) Obtain an FAA waiver from the provisions of the safety 
directive based on a conclusion that the safety directive was issued 
without adhering to the applicable consensus standard;

[[Page 245]]

    (5) Each alteration accomplished after the aircraft's date of 
manufacture meets the applicable and current consensus standard and has 
been authorized by either the manufacturer or a person acceptable to the 
FAA;
    (6) Each major alteration to an aircraft product produced under a 
consensus standard is authorized, performed and inspected in accordance 
with maintenance and inspection procedures developed by the manufacturer 
or a person acceptable to the FAA; and
    (7) The owner or operator complies with the requirements for the 
recording of major repairs and major alterations performed on type-
certificated products in accordance with Sec. 43.9(d) of this chapter, 
and with the retention requirements in Sec. 91.417.
    (c) No person may operate an aircraft issued a special airworthiness 
certificate in the light-sport category to tow a glider or unpowered 
ultralight vehicle for compensation or hire or conduct flight training 
for compensation or hire in an aircraft which that persons provides 
unless within the preceding 100 hours of time in service the aircraft 
has--
    (1) Been inspected by a certificated repairman with a light-sport 
aircraft maintenance rating, an appropriately rated mechanic, or an 
appropriately rated repair station in accordance with inspection 
procedures developed by the aircraft manufacturer or a person acceptable 
to the FAA and been approved for return to service in accordance with 
part 43 of this chapter; or
    (2) Received an inspection for the issuance of an airworthiness 
certificate in accordance with part 21 of this chapter.
    (d) Each person operating an aircraft issued a special airworthiness 
certificate in the light-sport category must operate the aircraft in 
accordance with the aircraft's operating instructions, including any 
provisions for necessary operating equipment specified in the aircraft's 
equipment list.
    (e) Each person operating an aircraft issued a special airworthiness 
certificate in the light-sport category must advise each person carried 
of the special nature of the aircraft and that the aircraft does not 
meet the airworthiness requirements for an aircraft issued a standard 
airworthiness certificate.
    (f) The FAA may prescribe additional limitations that it considers 
necessary.

[Doc. No. FAA-2001-11133, 69 FR 44881, July 27, 2004]



Sec. Sec. 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, 
129, or Sec. Sec. 91.1411 or 135.411(a)(2) of this chapter.
    (c) Sections 91.405 and 91.409 of this part do not apply to an 
airplane inspected in accordance with part 125 of this chapter.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001; Amdt. 91-280, 68 FR 54560, Sept. 17, 2003]



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

[[Page 246]]

section or alternative inspection intervals and related procedures set 
forth in an operations specification approved by the Administrator under 
part 121 or 135 of this chapter or in accordance with an inspection 
program approved under Sec. 91.409(e) have been complied with.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001]



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 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

[[Page 247]]

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 light-sport or provisional airworthiness 
certificate;
    (2) An aircraft inspected in accordance with an approved aircraft 
inspection program under part 125 or 135 of this chapter and so 
identified by the registration number in the operations specifications 
of the certificate holder having the approved inspection program;
    (3) An aircraft subject to the requirements of paragraph (d) or (e) 
of this section; or
    (4) Turbine-powered rotorcraft when the operator elects to inspect 
that rotorcraft in accordance with paragraph (e) of this section.
    (d) Progressive inspection. Each registered owner or operator of an 
aircraft desiring to use a progressive inspection program must submit a 
written request to the FAA Flight Standards district office having 
jurisdiction over the area in which the applicant is located, and shall 
provide--
    (1) A certificated mechanic holding an inspection authorization, a 
certificated airframe repair station, or the manufacturer of the 
aircraft to supervise or conduct the progressive inspection;
    (2) A current inspection procedures manual available and readily 
understandable to pilot and maintenance personnel containing, in 
detail--
    (i) An explanation of the progressive inspection, including the 
continuity of inspection responsibility, the making of reports, and the 
keeping of records and technical reference material;
    (ii) An inspection schedule, specifying the intervals in hours or 
days when routine and detailed inspections will be performed and 
including instructions for exceeding an inspection interval by not more 
than 10 hours while en route and for changing an inspection interval 
because of service experience;
    (iii) Sample routine and detailed inspection forms and instructions 
for their use; and
    (iv) Sample reports and records and instructions for their use;
    (3) Enough housing and equipment for necessary disassembly and 
proper inspection of the aircraft; and
    (4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for 
the complete inspection of the aircraft within each 12 calendar months 
and be consistent with the manufacturer's recommendations, field service 
experience, and the kind of operation in which the aircraft is engaged. 
The progressive inspection schedule must ensure that the aircraft, at 
all times, will be airworthy and will conform to all applicable FAA 
aircraft specifications, type certificate data sheets, airworthiness 
directives, and other approved data. If the progressive inspection is 
discontinued, the owner or operator shall immediately notify the local 
FAA Flight Standards district office, in writing, of the discontinuance. 
After the discontinuance, the first annual inspection under 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,

[[Page 248]]

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 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 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; Amdt. 91-267, 66 FR 21066, Apr. 27, 2001; Amdt. 91-282, 69 
FR 44882, July 27, 2004]



Sec. 91.410  Special maintenance program requirements.

    (a) No person may operate an Airbus Model A300 (excluding the -600 
series), British Aerospace Model BAC 1-11, Boeing Model, 707, 720, 727, 
737 or 747, McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker 
Model F28, or Lockheed Model L-1011 airplane beyond applicable flight 
cycle implementation time specified below, or May 25, 2001, whichever 
occurs later, unless repair assessment guidelines applicable to the 
fuselage pressure boundary (fuselage skin, door skin, and bulkhead webs) 
that have been approved by the FAA

[[Page 249]]

Aircraft Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane are incorporated within its inspection program:
    (1) For the Airbus Model A300 (excluding the -600 series), the 
flight cycle implementation time is:
    (i) Model B2: 36,000 flights.
    (ii) Model B4-100 (including Model B4-2C): 30,000 flights above the 
window line, and 36,000 flights below the window line.
    (iii) Model B4-200: 25,500 flights above the window line, and 34,000 
flights below the window line.
    (2) For all models of the British Aerospace BAC 1-11, the flight 
cycle implementation time is 60,000 flights.
    (3) For all models of the Boeing 707, the flight cycle 
implementation time is 15,000 flights.
    (4) For all models of the Boeing 720, the flight cycle 
implementation time is 23,000 flights.
    (5) For all models of the Boeing 727, the flight cycle 
implementation time is 45,000 flights.
    (6) For all models of the Boeing 737, the flight cycle 
implementation time is 60,000 flights.
    (7) For all models of the Boeing 747, the flight cycle 
implementation time is 15,000 flights.
    (8) For all models of the McDonnell Douglas DC-8, the flight cycle 
implementation time is 30,000 flights.
    (9) For all models of the McDonnell Douglas DC-9/MD-80, the flight 
cycle implementation time is 60,000 flights.
    (10) For all models of the McDonnell Douglas DC-10, the flight cycle 
implementation time is 30,000 flights.
    (11) For all models of the Lockheed L-1011, the flight cycle 
implementation time is 27,000 flights.
    (12) For the Fokker F-28 Mark 1000, 2000, 3000, and 4000, the flight 
cycle implementation time is 60,000 flights.
    (b) After December 16, 2008, no person may operate a turbine-powered 
transport category airplane with a type certificate issued after January 
1, 1958 and either a maximum type certificated passenger capacity of 30 
or more, or a maximum type certificated payload capacity of 7,500 pounds 
or more, unless instructions for maintenance and inspection of the fuel 
tank system are incorporated into its inspection program. These 
instructions must address the actual configuration of the fuel tank 
systems of each affected airplane, and must be approved by the FAA 
Aircraft Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane. Operators must submit their request through the 
cognizant Flight Standards District Office, who may add comments and 
then send it to the manager of the appropriate office. Thereafter, the 
approved instructions can be revised only with the approval of the FAA 
Aircraft Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane. Operators must submit their request for revisions 
through the cognizant Flight Standards District Office, who may add 
comments and then send it to the manager of the appropriate office.

[Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 FR 35703, June 5, 2000; 
65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91-266, 66 FR 23130, May 
7, 2001; Amdt. 91-277, 67 FR 72834, Dec. 9, 2002; Amdt. 91-283, 69 FR 
45941, July 30, 2004]



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

[[Page 250]]

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
    (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.

[Docket No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-
269, 66 FR 41116, Aug. 6, 2001]



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), 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--
    (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;
    (2) A holder of a continuous airworthiness maintenance program as 
provided in part 121 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.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001; Amdt. 91-269, 66 FR 41116, Aug. 6, 2001]



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) or Sec. 91.1109 
are necessary for the continued adequacy of the program, the owner or 
operator must, 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 Director, Flight Standards 
Service within 30 days after the certificate holder or fractional 
ownership program manager 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.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54560, Sept. 17, 2003]



Sec. 91.417  Maintenance records.

    (a) Except for work performed in accordance with Sec. Sec. 91.411 
and 91.413, each registered owner or operator shall keep

[[Page 251]]

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 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).

[[Page 252]]



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.



Sec. Sec. 91.423-91.499  [Reserved]



Subpart F_Large and Turbine-Powered Multiengine Airplanes and Fractional 
                       Ownership Program Aircraft

    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 airplanes of U.S. registry, turbojet-powered multiengine civil 
airplanes of U.S. registry, and fractional ownership program aircraft of 
U.S. registry that are operating under subpart K of this part in 
operations not involving common carriage. The operating rules in this 
subpart do not apply to those aircraft 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 and 
turbine-powered rotorcraft of U.S. registry when they are operated under 
this part or part 129 or 137.)
    (b) Operations that may be conducted under the rules in this subpart 
instead of those in parts 121, 129, 135, and 137 of this chapter when 
common carriage is not involved, include--
    (1) Ferry or training flights;
    (2) Aerial work operations such as aerial photography or survey, or 
pipeline patrol, but not including fire fighting operations;
    (3) Flights for the demonstration of an airplane to prospective 
customers when no charge is made except for those specified in paragraph 
(d) of this section;
    (4) Flights conducted by the operator of an airplane for his 
personal transportation, or the transportation of his guests when no 
charge, assessment, or fee is made for the transportation;
    (5) Carriage of officials, employees, guests, and property of a 
company on an airplane operated by that company, or the parent or a 
subsidiary of the company or a subsidiary of the parent, when the 
carriage is within the scope of, and incidental to, the business of the 
company (other than transportation by air) and no charge, assessment or 
fee is made for the carriage in excess of the cost of owning, operating, 
and maintaining the airplane, except that no charge of any kind may be 
made for the carriage of a guest of a company, when the carriage is not 
within the scope of, and incidental to, the business of that company;
    (6) The carriage of company officials, employees, and guests of the 
company on an airplane operated under a time sharing, interchange, or 
joint ownership agreement as defined in paragraph (c) of this section;
    (7) The carriage of property (other than mail) on an airplane 
operated by a person in the furtherance of a business or employment 
(other than transportation by air) when the carriage is within the scope 
of, and incidental to, that business or employment and no charge, 
assessment, or fee is made for

[[Page 253]]

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.
    (10) Any operation identified in paragraphs (b)(1) through (b)(9) of 
this section when conducted--
    (i) By a fractional ownership program manager, or
    (ii) By a fractional owner in a fractional ownership program 
aircraft operated under subpart K of this part, except that a flight 
under a joint ownership arrangement under paragraph (b)(6) of this 
section may not be conducted. For a flight under an interchange 
agreement under paragraph (b)(6) of this section, the exchange of equal 
time for the operation must be properly accounted for as part of the 
total hours associated with the fractional owner's share of ownership.
    (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.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54560, Sept. 17, 2003]



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:

[[Page 254]]

    (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) Except as provided in paragraph (c) of this section, no person 
may take off an airplane for flight over water more than 30 minutes 
flying time or 100 nautical miles from the nearest shore, whichever is 
less, unless it has on board the following survival equipment:
    (1) A life preserver, equipped with an approved survivor locator 
light, for each occupant of the airplane.
    (2) Enough liferafts (each equipped with an approved survival 
locator light) of a rated capacity and buoyancy to accommodate the 
occupants of the airplane.
    (3) At least one pyrotechnic signaling device for each liferaft.
    (4) One self-buoyant, water-resistant, portable emergency radio 
signaling device that is capable of transmission on the appropriate 
emergency frequency or frequencies and not dependent upon the airplane 
power supply.
    (5) A lifeline stored in accordance with Sec. 25.1411(g) of this 
chapter.
    (c) A fractional ownership program manager under subpart K of this 
part may apply for a deviation from paragraphs (b)(2) through (5) of 
this section for a particular over water operation or the Administrator 
may amend the management specifications to require the carriage of all 
or any specific items of the equipment listed in paragraphs (b)(2) 
through (5) of this section.
    (d) The required life rafts, 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.
    (e) A survival kit, appropriately equipped for the route to be 
flown, must be attached to each required life raft.
    (f) As used in this section, the term shore means that area of the 
land adjacent to the water that is above the high water mark and 
excludes land

[[Page 255]]

areas that are intermittently under water.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54561, Sept. 17, 2003]



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[min]00[sec] N / 67[deg]00[min]00[sec] W to 
39[deg]00[min]00[sec] N / 67[deg]00[min]00[sec] W to 
38[deg]30[min]00[sec] N / 60[deg]00[min]00[sec] W south along the 
60[deg]00[min]00[sec] 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 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:

[[Page 256]]

    (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 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.

[[Page 257]]

    (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.
    (d) For operations under subpart K of this part, the passenger 
briefing requirements of Sec. 91.1035 apply, instead of the 
requirements of paragraphs (a) through (c) of this section.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42672, Sept. 15, 1992; Amdt. 91-280, 68 FR 54561, Sept. 17, 2003]



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
    (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

[[Page 258]]

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.



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

[[Page 259]]

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) and (d) 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.
    (d) No person may operate an aircraft under subpart K of this part 
without a pilot who is designated as second in command of that aircraft 
in accordance with Sec. 91.1049(d). The second in command must meet the 
experience requirements of Sec. 91.1053.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-280, 
68 FR 54561, Sept. 17, 2003]



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,

[[Page 260]]

or land unless each passenger serving cart is secured in its stowed 
position.
    (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]



Sec. Sec. 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, the ambient temperature and wind 
component at the time of takeoff, and, if operating limitations exist 
for the minimum distances required for takeoff from wet runways, the 
runway surface condition (dry or wet). Wet runway distances associated 
with grooved or porous friction course runways, if provided in the 
Airplane Flight Manual, may be used only for runways that are grooved or 
treated with a porous friction course (PFC) overlay, and that the 
operator determines are designed, constructed, and maintained in a 
manner acceptable to the Administrator.
    (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--

[[Page 261]]

    (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.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-256, 
63 FR 8321, Feb. 18, 1998]



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 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 
19x26 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.

[[Page 262]]

    (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 
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

[[Page 263]]

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
    (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

[[Page 264]]

    (ii) Weather conditions at the takeoff or destination airport are 
less than those required for VFR flight.
    (5) Persons other than required flight crewmembers shall not be 
carried during the flight.
    (6) No person may use a flight crewmember for flight under this 
section unless that crewmember is thoroughly familiar with the operating 
procedures for one-engine inoperative ferry flight contained in the 
certificate holder's manual and the limitations and performance 
information in the Airplane Flight Manual.
    (b) Flight tests: reciprocating-engine-powered airplanes. The 
airplane performance of a reciprocating-engine-powered airplane with one 
engine inoperative must be determined by flight test as follows:
    (1) A speed not less than 1.3 VS1 must be chosen at which 
the airplane may be controlled satisfactorily in a climb with the 
critical engine inoperative (with its propeller removed or in a 
configuration desired by the operator and with all other engines 
operating at the maximum power determined in paragraph (b)(3) of this 
section.
    (2) The distance required to accelerate to the speed listed in 
paragraph (b)(1) of this section and to climb to 50 feet must be 
determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in 
a configuration desired by the operator; and
    (iii) The other engines operating at not more than maximum power 
established under paragraph (b)(3) of this section.
    (3) The takeoff, flight and landing procedures, such as the 
approximate trim settings, method of power application, maximum power, 
and speed must be established.
    (4) The performance must be determined at a maximum weight not 
greater than the weight that allows a rate of climb of at least 400 feet 
per minute in the en route configuration set forth in 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

[[Page 265]]

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 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.

    (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 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.
    (b) Thermal/acoustic insulation materials. For transport category 
airplanes type certificated after January 1, 1958:
    (1) For airplanes manufactured before September 2, 2005, when 
thermal/acoustic insulation materials are installed in the fuselage as 
replacements after September 2, 2005, those materials must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.
    (2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-279, 
68 FR 45083, July 31, 2003]



Sec. Sec. 91.615-91.699  [Reserved]



Subpart H_Foreign Aircraft Operations and Operations of U.S.-Registered 

Civil Aircraft Outside of the United States; and Rules Governing Persons 
                         on Board Such Aircraft

    Source: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.701  Applicability.

    (a) 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.
    (b) Section 91.702 of this subpart also applies to each person on 
board an aircraft operated as follows:
    (1) A U.S. registered civil aircraft operated outside the United 
States;
    (2) Any aircraft operated outside the United States--
    (i) That has its next scheduled destination or last place of 
departure in the United States if the aircraft next lands in the United 
States; or
    (ii) If the aircraft lands in the United States with the individual 
still on the aircraft regardless of whether it was a scheduled or 
otherwise planned landing site.

[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]



Sec. 91.702  Persons on board.

    Section 91.11 of this part (Prohibitions on interference with 
crewmembers) applies to each person on board an aircraft.

[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]



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 Sec. Sec. 
91.117(c), 91.127, 91.129, and 91.131;

[[Page 266]]

    (2) When within a foreign country, comply with the regulations 
relating to the flight and maneuver of aircraft there in force;
    (3) Except for Sec. Sec. 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 operating within airspace designated as Minimum Navigation 
Performance Specifications (MNPS) airspace, comply with Sec. 91.705. 
When operating within airspace designated as Reduced Vertical Separation 
Minimum (RVSM) airspace, comply with Sec. 91.706.
    (b) Annex 2 to the Convention on International Civil Aviation, Ninth 
Edition--July 1990, with Amendments through Amendment 32 effective 
February 19, 1996, 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. Sec. 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-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; or at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.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; Amdt. 91-254, 62 FR 17487, Apr. 9, 1997; 69 
FR 18803, Apr. 9, 2004]



Sec. 91.705  Operations within airspace designated as Minimum Navigation 
Performance Specification Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Minimum Navigation Performance Specifications airspace unless--
    (1) The aircraft has approved navigation performance capability that 
complies with the requirements of appendix C of this part; and
    (2) The operator is authorized by the Administrator to perform such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 3 of appendix C 
to this part.

[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]



Sec. 91.706  Operations within airspace designed as Reduced Vertical 
Separation Minimum Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Reduced Vertical Separation Minimum (RVSM) airspace unless:
    (1) The operator and the operator's aircraft comply with the 
requirements of appendix G of this part; and
    (2) The operator is authorized by the Administrator to conduct such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 5 of appendix G 
to this part.

[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]



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.



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--

[[Page 267]]

    (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;
    (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]

[[Page 268]]



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]



Sec. Sec. 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 jet (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 jet 
(turbojet) airplanes covered by this subpart. This section applies to 
operators operating to or from airports in the United States under this 
part and parts 121, 125, and 135, but not to those operating under part 
129 of this chapter.
    (3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered 
civil supersonic airplanes having standard airworthiness certificates 
and to foreign-registered civil supersonic airplanes that, if registered 
in the United States, would be required by this chapter to have U.S. 
standard airworthiness certificates in order to conduct the operations 
intended for the airplane. Those sections apply to operations under this 
part and under parts 121, 125, 129, and 135 of this chapter.
    (b) Unless otherwise specified, as used in this subpart ``part 36'' 
refers to 14 CFR part 36, including the noise levels under appendix C of 
that part, notwithstanding the provisions of that part excepting certain 
airplanes from the specified noise requirements. For purposes of this 
subpart, the various stages of noise levels, the terms used to describe 
airplanes with respect to those levels, and the terms ``subsonic 
airplane'' and ``supersonic airplane'' have the meanings specified under 
part 36 of this chapter. For purposes of this subpart, for subsonic 
airplanes operated in

[[Page 269]]

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 jet (turbojet) airplane (for which an airworthiness certificate 
other than an experimental certificate has been issued by the 
Administrator) with a maximum certificated takeoff 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, parts 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 jet (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; Amdt. 91-275, 67 FR 45237, 
July 8, 2002; Amdt. 91-276, 67 FR 46571, July 15, 2002]



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 Sec. 91.805 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 
Sec. Sec. 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.

[Docket No. 18334, 54 FR 34321, Aug. 18, 1989, as amended by Amdt. 91-
276, 67 FR 46571, July 15, 2002]



Sec. 91.805  Final compliance: Subsonic airplanes.

    Except as provided in Sec. Sec. 91.809 and 91.811, on and after 
January 1, 1985, no person may operate to or from an airport in the 
United States any subsonic airplane covered by this subpart unless that 
airplane has been shown to comply with Stage 2 or Stage 3 noise levels 
under part 36 of this chapter.



Sec. Sec. 91.807--91.813  [Reserved]



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

[[Page 270]]

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--
    (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.



Sec. Sec. 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 jet (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

[[Page 271]]

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 jet (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 jet (turbojet) airplane with 
a maximum certificated weight of 75,000 pounds or more that complies 
with Stage 3 noise levels as defined in part 36 of this chapter.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996; Amdt. 91-275, 67 FR 45237, July 8, 
2002]



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.

    An operator of a Stage 2 airplane that is operating only between 
points outside the contiguous United States on or after November 5, 
1990, must include in its operations specifications a

[[Page 272]]

statement that such airplane may not be used to provide air 
transportation to or from any airport in the contiguous United States.

[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002]



Sec. 91.858  Special flight authorizations for non-revenue Stage 2 
operations.

    (a) After December 31, 1999, any operator of a Stage 2 airplane over 
75,000 pounds may operate that airplane in nonrevenue service in the 
contiguous United States only for the following purposes:
    (1) Sell, lease, or scrap the airplane;
    (2) Obtain modifications to meet Stage 3 noise levels;
    (3) Obtain scheduled heavy maintenance or significant modifications;
    (4) Deliver the airplane to a lessee or return it to a lessor;
    (5) Park or store the airplane; and
    (6) Prepare the airplane for any of the purposes listed in paragraph 
(a)(1) thru (a)(5) of this section.
    (b) An operator of a Stage 2 airplane that needs to operate in the 
contiguous United States for any of the purposes listed above may apply 
to FAA's Office of Environment and Energy for a special flight 
authorization. The applicant must file in advance. Applications are due 
30 days in advance of the planned flight and must provide the 
information necessary for the FAA to determine that the planned flight 
is within the limits prescribed in the law.

[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002]



Sec. 91.859  [Reserved]



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

[[Page 273]]

written notification of the transfer to the FAA, Office of Environment 
and Energy. Such notification shall state:
    (1) The names of the transferring and acquiring parties;
    (2) The name, address, and telephone number of the individual 
responsible for submitting the notification on behalf of the 
transferring and acquiring parties;
    (3) The total number of Stage 2 airplanes transferred, listed by 
airplane type, model, series, and serial number;
    (4) The corresponding amount of base level transferred and whether 
it is U.S. operator or foreign air carrier base level; and
    (5) The effective date of the transaction.
    (d) If, taken as a whole, a transaction or series of transactions 
made pursuant to this section does not produce an increase or decrease 
in the number of Stage 2 airplanes for either the acquiring or 
transferring operator, such transaction or series of transactions may 
not be used to establish compliance with the requirements of 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.

[[Page 274]]

    (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]



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 or a foreign air carrier may apply for a 
waiver from the prohibition contained in Sec. 91.853 of this part 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, or, in the case of a foreign air carrier, no later than 
April 20, 2000. 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.

[[Page 275]]

    (c) To be eligible to apply for the waiver under this section, a new 
entrant U.S. air carrier must initiate service no later than January 1, 
1999, and must comply fully with all provisions of this section.
    (d) The Secretary may grant a waiver under this section if the 
Secretary finds that granting such waiver is in the public interest. In 
making such a finding, the Secretary shall include consideration of the 
effect of granting such waiver on competition in the air carrier 
industry and the effect on small community air service, and any other 
information submitted by the applicant that the Secretary considers 
relevant.
    (e) The term of any waiver granted under this section shall be 
determined by the circumstances presented in the application, but in no 
case will the waiver permit the operation of any Stage 2 airplane 
covered by this subchapter in the contiguous United States after 
December 31, 2003.
    (f) A summary of any request for a waiver under this section will be 
published in the Federal Register, and public comment will be invited. 
Unless the secretary finds that circumstances require otherwise, the 
public comment period will be at least 14 days.

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10, 1991; 
Amdt. 91-276, 67 FR 46571, July 15, 2002]



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.

[[Page 276]]

    (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.
    (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

[[Page 277]]

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.
    (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]



Sec. Sec. 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]



Sec. Sec. 91.907-91.999  [Reserved]



                Subpart K_Fractional Ownership Operations

    Source: Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, 
unless otherwise noted.



Sec. 91.1001  Applicability.

    (a) This subpart prescribes rules, in addition to those prescribed 
in other subparts of this part, that apply to fractional owners and 
fractional ownership program managers governing--
    (1) The provision of program management services in a fractional 
ownership program;

[[Page 278]]

    (2) The operation of a fractional ownership program aircraft in a 
fractional ownership program; and
    (3) The operation of a program aircraft included in a fractional 
ownership program managed by an affiliate of the manager of the program 
to which the owner belongs.
    (b) As used in this part--
    (1) Affiliate of a program manager means a manager that, directly, 
or indirectly, through one or more intermediaries, controls, is 
controlled by, or is under common control with, another program manager. 
The holding of at least forty percent (40 percent) of the equity and 
forty percent (40 percent) of the voting power of an entity will be 
presumed to constitute control for purposes of determining an 
affiliation under this subpart.
    (2) A dry-lease aircraft exchange means an arrangement, documented 
by the written program agreements, under which the program aircraft are 
available, on an as needed basis without crew, to each fractional owner.
    (3) A fractional owner or owner means an individual or entity that 
possesses a minimum fractional ownership interest in a program aircraft 
and that has entered into the applicable program agreements; provided, 
however, that in the case of the flight operations described in 
paragraph (b)(6)(ii) of this section, and solely for purposes of 
requirements pertaining to those flight operations, the fractional owner 
operating the aircraft will be deemed to be a fractional owner in the 
program managed by the affiliate.
    (4) A fractional ownership interest means the ownership of an 
interest or holding of a multi-year leasehold interest and/or a multi-
year leasehold interest that is convertible into an ownership interest 
in a program aircraft.
    (5) A fractional ownership program or program means any system of 
aircraft ownership and exchange that consists of all of the following 
elements:
    (i) The provision for fractional ownership program management 
services by a single fractional ownership program manager on behalf of 
the fractional owners.
    (ii) Two or more airworthy aircraft.
    (iii) One or more fractional owners per program aircraft, with at 
least one program aircraft having more than one owner.
    (iv) Possession of at least a minimum fractional ownership interest 
in one or more program aircraft by each fractional owner.
    (v) A dry-lease aircraft exchange arrangement among all of the 
fractional owners.
    (vi) Multi-year program agreements covering the fractional 
ownership, fractional ownership program management services, and dry-
lease aircraft exchange aspects of the program.
    (6) A fractional ownership program aircraft or program aircraft 
means:
    (i) An aircraft in which a fractional owner has a minimal fractional 
ownership interest and that has been included in the dry-lease aircraft 
exchange pursuant to the program agreements, or
    (ii) In the case of a fractional owner from one program operating an 
aircraft in a different fractional ownership program managed by an 
affiliate of the operating owner's program manager, the aircraft being 
operated by the fractional owner, so long as the aircraft is:
    (A) Included in the fractional ownership program managed by the 
affiliate of the operating owner's program manager, and
    (B) Included in the operating owner's program's dry-lease aircraft 
exchange pursuant to the program agreements of the operating owner's 
program.
    (iii) An aircraft owned in whole or in part by the program manager 
that has been included in the dry-lease aircraft exchange and is used to 
supplement program operations.
    (7) A Fractional Ownership Program Flight or Program Flight means a 
flight under this subpart when one or more passengers or property 
designated by a fractional owner are on board the aircraft.
    (8) Fractional ownership program management services or program 
management services mean administrative and aviation support services 
furnished in accordance with the applicable requirements of this subpart 
or provided by the program manager on behalf of the fractional owners, 
including, but not limited to, the--
    (i) Establishment and implementation of program safety guidelines;

[[Page 279]]

    (ii) Employment, furnishing, or contracting of pilots and other 
crewmembers;
    (iii) Training and qualification of pilots and other crewmembers and 
personnel;
    (iv) Scheduling and coordination of the program aircraft and crews;
    (v) Maintenance of program aircraft;
    (vi) Satisfaction of recordkeeping requirements;
    (vii) Development and use of a program operations manual and 
procedures; and
    (viii) Application for and maintenance of management specifications 
and other authorizations and approvals.
    (9) A fractional ownership program manager or program manager means 
the entity that offers fractional ownership program management services 
to fractional owners, and is designated in the multi-year program 
agreements referenced in paragraph (b)(1)(v) of this section to fulfill 
the requirements of this chapter applicable to the manager of the 
program containing the aircraft being flown. When a fractional owner is 
operating an aircraft in a fractional ownership program managed by an 
affiliate of the owner's program manager, the references in this subpart 
to the flight-related responsibilities of the program manager apply, 
with respect to that particular flight, to the affiliate of the owner's 
program manager rather than to the owner's program manager.
    (10) A minimum fractional ownership interest means--
    (i) A fractional ownership interest equal to, or greater than, one-
sixteenth (\1/16\) of at least one subsonic, fixed-wing or powered-lift 
program aircraft; or
    (ii) A fractional ownership interest equal to, or greater than, one-
thirty-second (\1/32\) of at least one rotorcraft program aircraft.
    (c) The rules in this subpart that refer to a fractional owner or a 
fractional ownership program manager also apply to any person who 
engages in an operation governed by this subpart without the management 
specifications required by this subpart.



Sec. 91.1002  Compliance date.

    No person that conducted flights before November 17, 2003 under a 
program that meets the definition of fractional ownership program in 
Sec. 91.1001 may conduct such flights after February 17, 2005 unless it 
has obtained management specifications under this subpart.

[Doc. No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003; 69 FR 74413, Dec. 
14, 2004]



Sec. 91.1003  Management contract between owner and program manager.

    Each owner must have a contract with the program manager that--
    (a) Requires the program manager to ensure that the program conforms 
to all applicable requirements of this chapter.
    (b) Provides the owner the right to inspect and to audit, or have a 
designee of the owner inspect and audit, the records of the program 
manager pertaining to the operational safety of the program and those 
records required to show compliance with the management specifications 
and all applicable regulations. These records include, but are not 
limited to, the management specifications, authorizations, approvals, 
manuals, log books, and maintenance records maintained by the program 
manager.
    (c) Designates the program manager as the owner's agent to receive 
service of notices pertaining to the program that the FAA seeks to 
provide to owners and authorizes the FAA to send such notices to the 
program manager in its capacity as the agent of the owner for such 
service.
    (d) Acknowledges the FAA's right to contact the owner directly if 
the Administrator determines that direct contact is necessary.



Sec. 91.1005  Prohibitions and limitations.

    (a) Except as provided in Sec. 91.321 or Sec. 91.501, no owner may 
carry persons or property for compensation or hire on a program flight.
    (b) During the term of the multi-year program agreements under which 
a fractional owner has obtained a minimum fractional ownership interest 
in a program aircraft, the flight hours used during that term by the 
owner on

[[Page 280]]

program aircraft must not exceed the total hours associated with the 
fractional owner's share of ownership.
    (c) No person may sell or lease an aircraft interest in a fractional 
ownership program that is smaller than that prescribed in the definition 
of ``minimum fractional ownership interest'' in Sec. 91.1001(b)(10) 
unless flights associated with that interest are operated under part 121 
or 135 of this chapter and are conducted by an air carrier or commercial 
operator certificated under part 119 of this chapter.



Sec. 91.1007  Flights conducted under part 121 or part 135 of this chapter.

    (a) Except as provided in Sec. 91.501(b), when a nonprogram 
aircraft is used to substitute for a program flight, the flight must be 
operated in compliance with part 121 or part 135 of this chapter, as 
applicable.
    (b) A program manager who holds a certificate under part 119 of this 
chapter may conduct a flight for the use of a fractional owner under 
part 121 or part 135 of this chapter if the aircraft is listed on that 
certificate holder's operations specifications for part 121 or part 135, 
as applicable.
    (c) The fractional owner must be informed when a flight is being 
conducted as a program flight or is being conducted under part 121 or 
part 135 of this chapter.

                           Operational Control



Sec. 91.1009  Clarification of operational control.

    (a) An owner is in operational control of a program flight when the 
owner--
    (1) Has the rights and is subject to the limitations set forth in 
Sec. Sec. 91.1003 through 91.1013;
    (2) Has directed that a program aircraft carry passengers or 
property designated by that owner; and
    (3) The aircraft is carrying those passengers or property.
    (b) An owner is not in operational control of a flight in the 
following circumstances:
    (1) A program aircraft is used for a flight for administrative 
purposes such as demonstration, positioning, ferrying, maintenance, or 
crew training, and no passengers or property designated by such owner 
are being carried; or
    (2) The aircraft being used for the flight is being operated under 
part 121 or 135 of this chapter.



Sec. 91.1011  Operational control responsibilities and delegation.

    (a) Each owner in operational control of a program flight is 
ultimately responsible for safe operations and for complying with all 
applicable requirements of this chapter, including those related to 
airworthiness and operations in connection with the flight. Each owner 
may delegate some or all of the performance of the tasks associated with 
carrying out this responsibility to the program manager, and may rely on 
the program manager for aviation expertise and program management 
services. When the owner delegates performance of tasks to the program 
manager or relies on the program manager's expertise, the owner and the 
program manager are jointly and individually responsible for compliance.
    (b) The management specifications, authorizations, and approvals 
required by this subpart are issued to, and in the sole name of, the 
program manager on behalf of the fractional owners collectively. The 
management specifications, authorizations, and approvals will not be 
affected by any change in ownership of a program aircraft, as long as 
the aircraft remains a program aircraft in the identified program.



Sec. 91.1013  Operational control briefing and acknowledgment.

    (a) Upon the signing of an initial program management services 
contract, or a renewal or extension of a program management services 
contract, the program manager must brief the fractional owner on the 
owner's operational control responsibilities, and the owner must review 
and sign an acknowledgment of these operational control 
responsibilities. The acknowledgment must be included with the program 
management services contract. The acknowledgment must define when a 
fractional owner is in operational control and the owner's 
responsibilities and liabilities under the program. These include:

[[Page 281]]

    (1) Responsibility for compliance with the management specifications 
and all applicable regulations.
    (2) Enforcement actions for any noncompliance.
    (3) Liability risk in the event of a flight-related occurrence that 
causes personal injury or property damage.
    (b) The fractional owner's signature on the acknowledgment will 
serve as the owner's affirmation that the owner has read, understands, 
and accepts the operational control responsibilities described in the 
acknowledgment.
    (c) Each program manager must ensure that the fractional owner or 
owner's representatives have access to the acknowledgments for such 
owner's program aircraft. Each program manager must ensure that the FAA 
has access to the acknowledgments for all program aircraft.

                           Program Management



Sec. 91.1014  Issuing or denying management specifications.

    (a) A person applying to the Administrator for management 
specifications under this subpart 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) Management specifications will be issued to the program manager 
on behalf of the fractional owners if, after investigation, the 
Administrator finds that the applicant:
    (1) Meets the applicable requirements of this subpart; and
    (2) Is properly and adequately equipped in accordance with the 
requirements of this chapter and is able to conduct safe operations 
under appropriate provisions of part 91 of this chapter and management 
specifications issued under this subpart.
    (c) An application for management specifications will be denied if 
the Administrator finds that the applicant is not properly or adequately 
equipped or is not able to conduct safe operations under this part.



Sec. 91.1015  Management specifications.

    (a) Each person conducting operations under this subpart or 
furnishing fractional ownership program management services to 
fractional owners must do so in accordance with management 
specifications issued by the Administrator to the fractional ownership 
program manager under this subpart. Management specifications must 
include:
    (1) The current list of all fractional owners and types of aircraft, 
registration markings and serial numbers;
    (2) The authorizations, limitations, and certain procedures under 
which these operations are to be conducted,
    (3) Certain other procedures under which each class and size of 
aircraft is to be operated;
    (4) Authorization for an inspection program approved under Sec. 
91.1109, including the type of aircraft, the registration markings and 
serial numbers of each aircraft to be operated under the program. No 
person may conduct any program flight using any aircraft not listed.
    (5) Time limitations, or standards for determining time limitations, 
for overhauls, inspections, and checks for airframes, engines, 
propellers, rotors, appliances, and emergency equipment of aircraft.
    (6) The specific location of the program manager's principal base of 
operations and, if different, the address that will serve as the primary 
point of contact for correspondence between the FAA and the program 
manager and the name and mailing address of the program manager's agent 
for service;
    (7) Other business names the program manager may use;
    (8) Authorization for the method of controlling weight and balance 
of aircraft;
    (9) Any authorized deviation and exemption granted from any 
requirement of this chapter; and
    (10) Any other information the Administrator determines is 
necessary.
    (b) The program manager may keep the current list of all fractional 
owners required by paragraph (a)(1) of this section at its principal 
base of operation or other location approved by the Administrator and 
referenced in its management specifications. Each program

[[Page 282]]

manager shall make this list of owners available for inspection by the 
Administrator.
    (c) Management specifications issued under this subpart are 
effective unless--
    (1) The management specifications are amended as provided in Sec. 
91.1017; or
    (2) The Administrator suspends or revokes the management 
specifications.
    (d) 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 program manager must provide written 
notification to the Flight Standards District Office that issued the 
program manager's management specifications.
    (e) Each program manager must maintain a complete and separate set 
of its management specifications at its principal base of operations, or 
at a place approved by the Administrator, and must make its management 
specifications available for inspection by the Administrator and the 
fractional owner(s) to whom the program manager furnishes its services 
for review and audit.
    (f) Each program manager must insert pertinent excerpts of its 
management specifications, or references thereto, in its program manual 
and must--
    (1) Clearly identify each such excerpt as a part of its management 
specifications; and
    (2) State that compliance with each management specifications 
requirement is mandatory.
    (g) Each program manager must keep each of its employees and other 
persons who perform duties material to its operations informed of the 
provisions of its management specifications that apply to that 
employee's or person's duties and responsibilities.



Sec. 91.1017  Amending program manager's management specifications.

    (a) The Administrator may amend any management specifications issued 
under this subpart if--
    (1) The Administrator determines that safety and the public interest 
require the amendment of any management specifications; or
    (2) The program manager applies for the amendment of any management 
specifications, and the Administrator determines that safety and the 
public interest allows the amendment.
    (b) Except as provided in paragraph (e) of this section, when the 
Administrator initiates an amendment of a program manager's management 
specifications, the following procedure applies:
    (1) The Flight Standards District Office that issued the program 
manager's management specifications will notify the program manager in 
writing of the proposed amendment.
    (2) The Flight Standards District Office that issued the program 
manager's management specifications will set a reasonable period (but 
not less than 7 days) within which the program manager may submit 
written information, views, and arguments on the amendment.
    (3) After considering all material presented, the Flight Standards 
District Office that issued the program manager's management 
specifications will notify the program manager 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 Flight Standards District Office that issued the program 
manager's management specifications issues an amendment of the 
management specifications, it becomes effective not less than 30 days 
after the program manager receives notice of it unless--
    (i) The Flight Standards District Office that issued the program 
manager's management specifications finds under paragraph (e) of this 
section that there is an emergency requiring immediate action with 
respect to safety; or
    (ii) The program manager petitions for reconsideration of the 
amendment under paragraph (d) of this section.
    (c) When the program manager applies for an amendment to its 
management specifications, the following procedure applies:
    (1) The program manager must file an application to amend its 
management specifications--

[[Page 283]]

    (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 such as mergers, acquisitions of operational assets that require 
an additional showing of safety (for example, proving tests or 
validation tests), and resumption of operations following a suspension 
of operations as a result of bankruptcy actions.
    (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 Flight Standards 
District Office that issued the program manager's management 
specifications in a form and manner prescribed by the Administrator.
    (3) After considering all material presented, the Flight Standards 
District Office that issued the program manager's management 
specifications will notify the program manager 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 program manager 
may petition for reconsideration of a denial under paragraph (d) of this 
section.
    (4) If the Flight Standards District Office that issued the program 
manager's management specifications approves the amendment, following 
coordination with the program manager regarding its implementation, the 
amendment is effective on the date the Administrator approves it.
    (d) When a program manager seeks reconsideration of a decision of 
the Flight Standards District Office that issued the program manager's 
management specifications concerning the amendment of management 
specifications, the following procedure applies:
    (1) The program manager must petition for reconsideration of that 
decision within 30 days of the date that the program manager receives a 
notice of denial of the amendment of its management specifications, or 
of the date it receives notice of an FAA-initiated amendment of its 
management specifications, whichever circumstance applies.
    (2) The program manager 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 Flight 
Standards District Office that issued the program manager's management 
specifications unless that District Office has found, under paragraph 
(e) of this section, that an emergency exists requiring immediate action 
with respect to safety.
    (4) If a petition for reconsideration is not filed within 30 days, 
the procedures of paragraph (c) of this section apply.
    (e) If the Flight Standards District Office that issued the program 
manager's management specifications finds that an emergency exists 
requiring immediate action with respect to safety that makes the 
procedures set out in this section impracticable or contrary to the 
public interest--
    (1) The Flight Standards District Office amends the management 
specifications and makes the amendment effective on the day the program 
manager receives notice of it; and
    (2) In the notice to the program manager, the Flight Standards 
District Office will articulate the reasons for its finding that an 
emergency exists requiring immediate action with respect to safety or 
that makes it impracticable or contrary to the public interest to stay 
the effectiveness of the amendment.



Sec. 91.1019  Conducting tests and inspections.

    (a) At any time or place, the Administrator may conduct an 
inspection or test, other than an en route inspection, to determine 
whether a program manager under this subpart is complying with title 49 
of the United States Code, applicable regulations, and the program 
manager's management specifications.
    (b) The program manager must--
    (1) Make available to the Administrator at the program manager's 
principal base of operations, or at a place approved by the 
Administrator, the program manager's management specifications; and

[[Page 284]]

    (2) Allow the Administrator to make any test or inspection, other 
than an en route inspection, to determine compliance respecting any 
matter stated in paragraph (a) of this section.
    (c) Each employee of, or person used by, the program manager who is 
responsible for maintaining the program manager's records required by or 
necessary to demonstrate compliance with this subpart must make those 
records available to the Administrator.
    (d) The Administrator may determine a program manager's continued 
eligibility to hold its management specifications on any grounds listed 
in paragraph (a) of this section, or any other appropriate grounds.
    (e) Failure by any program manager to make available to the 
Administrator upon request, the management specifications, or any 
required record, document, or report is grounds for suspension of all or 
any part of the program manager's management specifications.



Sec. 91.1021  Internal safety reporting and incident/accident response.

    (a) Each program manager must establish an internal anonymous safety 
reporting procedure that fosters an environment of safety without any 
potential for retribution for filing the report.
    (b) Each program manager must establish procedures to respond to an 
aviation incident/accident.



Sec. 91.1023  Program operating manual requirements.

    (a) Each program manager must prepare and keep current a program 
operating manual setting forth procedures and policies acceptable to the 
Administrator. The program manager's management, flight, ground, and 
maintenance personnel must use this manual to conduct operations under 
this subpart. However, the Administrator may authorize a deviation from 
this paragraph if the Administrator finds that, because of the limited 
size of the operation, part of the manual is not necessary for guidance 
of management, flight, ground, or maintenance personnel.
    (b) Each program manager must maintain at least one copy of the 
manual at its principal base of operations.
    (c) No manual may be contrary to any applicable U.S. regulations, 
foreign regulations applicable to the program flights in foreign 
countries, or the program manager's management specifications.
    (d) The program manager must make a copy of the manual, or 
appropriate portions of the manual (and changes and additions), 
available to its maintenance and ground operations personnel and must 
furnish the manual to--
    (1) Its crewmembers; and
    (2) Representatives of the Administrator assigned to the program 
manager.
    (e) Each employee of the program manager to whom a manual or 
appropriate portions of it are furnished under paragraph (d)(1) of this 
section must keep it up-to-date with the changes and additions furnished 
to them.
    (f) Except as provided in paragraph (h) of this section, the 
appropriate parts of the manual must be carried on each aircraft when 
away from the principal operations base. The appropriate parts must be 
available for use by ground or flight personnel.
    (g) For the purpose of complying with paragraph (d) of this section, 
a program manager may furnish the persons listed therein with all or 
part of its manual in printed form or other form, acceptable to the 
Administrator, that is retrievable in the English language. If the 
program manager furnishes all or part of the manual in other than 
printed form, it must ensure there is a compatible reading device 
available to those persons that provides a legible image of the 
maintenance information and instructions, or a system that is able to 
retrieve the maintenance information and instructions in the English 
language.
    (h) If a program manager conducts aircraft inspections or 
maintenance at specified facilities where the approved aircraft 
inspection program is available, the program manager is not required to 
ensure that the approved aircraft inspection program is carried aboard 
the aircraft en route to those facilities.
    (i) Program managers that are also certificated to operate under 
part 121

[[Page 285]]

or 135 of this chapter may be authorized to use the operating manual 
required by those parts to meet the manual requirements of subpart K, 
provided:
    (1) The policies and procedures are consistent for both operations, 
or
    (2) When policies and procedures are different, the applicable 
policies and procedures are identified and used.



Sec. 91.1025  Program operating manual contents.

    Each program operating manual must have the date of the last 
revision on each revised page. Unless otherwise authorized by the 
Administrator, the manual must include the following:
    (a) Procedures for ensuring compliance with aircraft weight and 
balance limitations;
    (b) Copies of the program manager's management specifications or 
appropriate extracted information, including area of operations 
authorized, category and class of aircraft authorized, crew complements, 
and types of operations authorized;
    (c) Procedures for complying with accident notification 
requirements;
    (d) 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;
    (e) 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;
    (f) 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 of certain 
mechanical irregularities or defects have been deferred;
    (g) 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 program 
manager or owner, when the pilot is authorized to so act for the 
operator;
    (h) Procedures under Sec. 91.213 for the release of, and 
continuation of flight if any item of equipment required for the 
particular type of operation becomes inoperative or unserviceable en 
route;
    (i) Procedures for refueling aircraft, eliminating fuel 
contamination, protecting from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling;
    (j) Procedures to be followed by the pilot in command in the 
briefing under Sec. 91.1035.
    (k) 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;
    (l) The approved aircraft inspection program, when applicable;
    (m) Procedures for the evacuation of persons who may need the 
assistance of another person to move expeditiously to an exit if an 
emergency occurs;
    (n) Procedures for performance planning that take into account take 
off, landing and en route conditions;
    (o) An approved Destination Airport Analysis, when required by Sec. 
91.1037(c), that includes the following elements, supported by aircraft 
performance data supplied by the aircraft manufacturer for the 
appropriate runway conditions--
    (1) Pilot qualifications and experience;
    (2) Aircraft performance data to include normal, abnormal and 
emergency procedures as supplied by the aircraft manufacturer;
    (3) Airport facilities and topography;
    (4) Runway conditions (including contamination);
    (5) Airport or area weather reporting;
    (6) Appropriate additional runway safety margins, if required;
    (7) Airplane inoperative equipment;
    (8) Environmental conditions; and
    (9) Other criteria that affect aircraft performance.
    (p) A suitable system (which may include a coded or electronic 
system) that provides for preservation and retrieval of maintenance 
recordkeeping information required by Sec. 91.1113 in a manner 
acceptable to the Administrator that provides--

[[Page 286]]

    (1) A description (or reference to date 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 program manager; 
and
    (3) The name or other positive identification of the individual 
approving the work.
    (q) Flight locating and scheduling procedures; and
    (r) Other procedures and policy instructions regarding program 
operations that are issued by the program manager or required by the 
Administrator.



Sec. 91.1027  Recordkeeping.

    (a) Each program manager must keep at its principal base of 
operations or at other places approved by the Administrator, and must 
make available for inspection by the Administrator all of the following:
    (1) The program manager's management specifications.
    (2) A current list of the aircraft used or available for use in 
operations under this subpart, the operations for which each is equipped 
(for example, MNPS, RNP5/10, RVSM.).
    (3) An individual record of each pilot used in operations under this 
subpart, 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 subpart.
    (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 checks required by this subpart 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 subpart.
    (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; and
    (x) The date of the satisfactory completion of initial, transition, 
upgrade, and differences training and each recurrent training phase 
required by this subpart.
    (4) An individual record for each flight attendant used in 
operations under this subpart, including the following information:
    (i) The full name of the flight attendant, and
    (ii) The date and result of training required by Sec. 91.1063, as 
applicable.
    (5) A current list of all fractional owners and associated aircraft. 
This list or a reference to its location must be included in the 
management specifications and should be of sufficient detail to 
determine the minimum fractional ownership interest of each aircraft.
    (b) Each program manager must keep each record required by paragraph 
(a)(2) of this section for at least 6 months, and must keep each record 
required by paragraphs (a)(3) and (a)(4) of this section for at least 12 
months. When an employee is no longer employed or affiliated with the 
program manager or fractional owner, each record required by paragraphs 
(a)(3) and (a)(4) of this section must be retained for at least 12 
months.
    (c) Each program manager 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

[[Page 287]]

approved limits. In those cases, an entry must 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 crewmembers and their crew position 
assignments.
    (d) The pilot in command of the aircraft for which a load manifest 
must be prepared must carry a copy of the completed load manifest in the 
aircraft to its destination. The program manager must keep copies of 
completed load manifest for at least 30 days at its principal operations 
base, or at another location used by it and approved by the 
Administrator.
    (e) Each program manager is responsible for providing a written 
document that states the name of the entity having operational control 
on that flight and the part of this chapter under which the flight is 
operated. The pilot in command of the aircraft must carry a copy of the 
document in the aircraft to its destination. The program manager must 
keep a copy of the document for at least 30 days at its principal 
operations base, or at another location used by it and approved by the 
Administrator.
    (f) Records may be kept either in paper or other form acceptable to 
the Administrator.
    (g) Program managers that are also certificated to operate under 
part 121 or 135 of this chapter may satisfy the recordkeeping 
requirements of this section and of Sec. 91.1113 with records 
maintained to fulfill equivalent obligations under part 121 or 135 of 
this chapter.



Sec. 91.1029  Flight scheduling and locating requirements.

    (a) Each program manager must establish and use an adequate system 
to schedule and release program aircraft.
    (b) Except as provided in paragraph (d) of this section, each 
program manager must have adequate procedures established for locating 
each flight, for which a flight plan is not filed, that--
    (1) Provide the program manager 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 program manager 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.
    (c) Flight locating information must be retained at the program 
manager's principal base of operations, or at other places designated by 
the program manager in the flight locating procedures, until the 
completion of the flight.
    (d) The flight locating requirements of paragraph (b) of this 
section do not apply to a flight for which an FAA flight plan has been 
filed and the flight plan is canceled within 25 nautical miles of the 
destination airport.



Sec. 91.1031  Pilot in command or second in command: Designation required.

    (a) Each program manager must designate a--
    (1) Pilot in command for each program flight; and
    (2) Second in command for each program flight requiring two pilots.
    (b) The pilot in command, as designated by the program manager, must 
remain the pilot in command at all times during that flight.



Sec. 91.1033  Operating information required.

    (a) Each program manager must, for all program operations, provide 
the following materials, in current and appropriate form, accessible to 
the pilot at the pilot station, and the pilot must 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) At least one set of pertinent aeronautical charts; and
    (4) For IFR operations, at least one set of pertinent navigational 
en route, terminal area, and instrument approach procedure charts.

[[Page 288]]

    (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; and
    (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. 91.1035  Passenger awareness.

    (a) Prior to each takeoff, the pilot in command of an aircraft 
carrying passengers on a program flight must ensure that all passengers 
have been orally briefed on--
    (1) Smoking: Each passenger must be briefed on when, where, and 
under what conditions smoking is prohibited. This briefing must include 
a statement, as appropriate, that the 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, shoulder harnesses, and child restraint 
systems: Each passenger must 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, and if 
a child is being transported, the appropriate use of child restraint 
systems, if available. This briefing must include a statement, as 
appropriate, that the regulations require passenger compliance with the 
lighted passenger information sign and/or crewmember instructions with 
regard to these items;
    (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) Ditching procedures and the use of flotation equipment required 
under Sec. 91.509 for a flight over water;
    (7) The normal and emergency use of oxygen installed in the 
aircraft; and
    (8) Location and operation of fire extinguishers.
    (b) Prior to each takeoff, the pilot in command of an aircraft 
carrying passengers on a program flight must 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 that flight in the same aircraft.
    (c) Prior to each takeoff, the pilot in command must advise the 
passengers of the name of the entity in operational control of the 
flight.
    (d) The oral briefings required by paragraphs (a), (b), and (c) of 
this section must be given by the pilot in command or another 
crewmember.
    (e) The oral briefing required by paragraph (a) of this section may 
be delivered by means of an approved recording playback device that is 
audible to each passenger under normal noise levels.
    (f) The oral briefing required by paragraph (a) of this section must 
be supplemented by printed cards that 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.



Sec. 91.1037  Large transport category airplanes: Turbine engine powered; 
Limitations; Destination and alternate airports.

    (a) No program manager or any other person may permit a turbine 
engine powered large transport category airplane on a program flight to 
take off

[[Page 289]]

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 expected at the time of landing.
    (b) Except as provided in paragraph (c) of this section, no program 
manager or any other person may permit a turbine engine powered large 
transport category airplane on a program flight to 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 expected 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 that airplane, and considering other conditions such 
as landing aids and terrain.
    (c) A program manager or other person flying a turbine engine 
powered large transport category airplane on a program flight may permit 
that airplane to take off at a weight in excess of that allowed by 
paragraph (b) of this section if all of the following conditions exist:
    (1) The operation is conducted in accordance with an approved 
Destination Airport Analysis in that person's program operating manual 
that contains the elements listed in Sec. 91.1025(o).
    (2) The airplane's 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 expected there at the time 
of landing), would allow a full stop landing at the intended destination 
airport within 80 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:
    (i) The airplane is landed on the most favorable runway and in the 
most favorable direction, in still air.
    (ii) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction and the ground handling 
characteristics of that airplane, and considering other conditions such 
as landing aids and terrain.
    (3) The operation is authorized by management specifications.
    (d) No program manager or other person may select an airport as an 
alternate airport for a turbine engine powered large transport category 
airplane unless (based on the assumptions in paragraph (b) of this 
section) that airplane, at the weight expected at the time of arrival, 
can be brought to a full stop landing within 80 percent of the effective 
length of the runway from a point 50 feet above the intersection of the 
obstruction clearance plane and the runway.
    (e) 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) or (c) 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 or alternate 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) or (c) of this 
section.

[[Page 290]]



Sec. 91.1039  IFR takeoff, approach and landing minimums.

    (a) No pilot on a program aircraft operating a program flight may 
begin an instrument approach procedure to an airport unless--
    (1) Either that airport or the alternate airport has a weather 
reporting facility operated by the U.S. National Weather Service, a 
source approved by the U.S. National Weather Service, or a source 
approved by the Administrator; and
    (2) The latest weather report issued by the weather reporting 
facility includes a current local altimeter setting for the destination 
airport. If no local altimeter setting is available at the destination 
airport, the pilot must obtain the current local altimeter setting from 
a source provided by the facility designated on the approach chart for 
the destination airport.
    (b) For flight planning purposes, if the destination airport does 
not have a weather reporting facility described in paragraph (a)(1) of 
this section, the pilot must designate as an alternate an airport that 
has a weather reporting facility meeting that criteria.
    (c) The MDA or Decision Altitude and visibility landing minimums 
prescribed in part 97 of this chapter or in the program manager's 
management 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 aircraft who has not served at least 100 
hours as pilot in command in that type of aircraft.
    (d) No person may take off 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 one hour's flying time (at normal cruising speed, in still air) 
of the airport of departure.
    (e) Each pilot making an IFR takeoff or approach and landing at an 
airport must comply with applicable instrument approach procedures and 
take off and landing weather minimums prescribed by the authority having 
jurisdiction over the airport. In addition, no pilot may, at that 
airport take off when the visibility is less than 600 feet.



Sec. 91.1041  Aircraft proving and validation tests.

    (a) No program manager may permit the operation of an aircraft, 
other than a turbojet aircraft, for which two pilots are required by the 
type certification requirements of this chapter for operations under 
VFR, if it has not previously proved such an aircraft in operations 
under this part in at least 25 hours of proving tests acceptable to the 
Administrator including--
    (1) Five hours of night time, if night flights are to be authorized;
    (2) Five instrument approach procedures under simulated or actual 
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 program manager may permit the operation of a turbojet 
airplane if it has not previously proved a turbojet airplane in 
operations under this part in at least 25 hours of proving tests 
acceptable to the Administrator including--
    (1) Five hours of night time, if night flights are to be authorized;
    (2) Five instrument approach procedures under simulated or actual 
conditions, if IFR flights are to be authorized; and
    (3) Entry into a representative number of en route airports as 
determined by the Administrator.
    (c) No program manager 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.
    (d) Validation testing is required to determine that a program 
manager is capable of conducting operations safely and in compliance 
with applicable regulatory standards. Validation tests are required for 
the following authorizations:
    (1) The addition of an aircraft for which two pilots are required 
for operations under VFR or a turbojet airplane, if that aircraft or an 
aircraft of the same make or similar design has

[[Page 291]]

not been previously proved or validated in operations under this part.
    (2) Operations outside U.S. airspace.
    (3) Class II navigation authorizations.
    (4) Special performance or operational authorizations.
    (e) Validation tests must be accomplished by test methods acceptable 
to the Administrator. Actual flights may not be required when an 
applicant can demonstrate competence and compliance with appropriate 
regulations without conducting a flight.
    (f) Proving tests and validation tests may be conducted 
simultaneously when appropriate.
    (g) The Administrator may authorize deviations from this section if 
the Administrator finds that special circumstances make full compliance 
with this section unnecessary.



Sec. 91.1043  [Reserved]



Sec. 91.1045  Additional equipment requirements.

    No person may operate a program aircraft on a program flight unless 
the aircraft is equipped with the following--
    (a) Airplanes having a passenger-seat configuration of more than 30 
seats or a payload capacity of more than 7,500 pounds:
    (1) A cockpit voice recorder as required by Sec. 121.359 of this 
chapter as applicable to the aircraft specified in that section.
    (2) A flight recorder as required by Sec. 121.343 or Sec. 121.344 
of this chapter as applicable to the aircraft specified in that section.
    (3) A terrain awareness and warning system as required by Sec. 
121.354 of this chapter as applicable to the aircraft specified in that 
section.
    (4) A traffic alert and collision avoidance system as required by 
Sec. 121.356 of this chapter as applicable to the aircraft specified in 
that section.
    (5) Airborne weather radar as required by Sec. 121.357 of this 
chapter, as applicable to the aircraft specified in that section.
    (b) Airplanes having a passenger-seat configuration of 30 seats or 
fewer, excluding each crewmember, and a payload capacity of 7,500 pounds 
or less, and any rotorcraft (as applicable):
    (1) A cockpit voice recorder as required by Sec. 135.151 of this 
chapter as applicable to the aircraft specified in that section.
    (2) A flight recorder as required by Sec. 135.152 of this chapter 
as applicable to the aircraft specified in that section.
    (3) A terrain awareness and warning system as required by Sec. 
135.154 of this chapter as applicable to the aircraft specified in that 
section.
    (4) A traffic alert and collision avoidance system as required by 
Sec. 135.180 of this chapter as applicable to the aircraft specified in 
that section.
    (5) As applicable to the aircraft specified in that section, either:
    (i) Airborne thunderstorm detection equipment as required by Sec. 
135.173 of this chapter; or
    (ii) Airborne weather radar as required by Sec. 135.175 of this 
chapter.



Sec. 91.1047  Drug and alcohol misuse education program.

    (a) Each program manager must provide each direct employee 
performing flight crewmember, flight attendant, flight instructor, or 
aircraft maintenance duties with drug and alcohol misuse education.
    (b) No program manager may use any contract employee to perform 
flight crewmember, flight attendant, flight instructor, or aircraft 
maintenance duties for the program manager unless that contract employee 
has been provided with drug and alcohol misuse education.
    (c) Program managers must disclose to their owners and prospective 
owners the existence of a company drug and alcohol misuse testing 
program. If the program manager has implemented a company testing 
program, the program manager's disclosure must include the following:
    (1) Information on the substances that they test for, for example, 
alcohol and a list of the drugs;
    (2) The categories of employees tested, the types of tests, for 
example, pre-employment, random, reasonable cause/suspicion, post 
accident, return to duty and follow-up; and
    (3) The degree to which the program manager's company testing 
program is comparable to the federally mandated drug and alcohol misuse 
prevention

[[Page 292]]

program required under part 121, appendices I and J, of this chapter, 
regarding the information in paragraphs (c)(1) and (c)(2) of this 
section.
    (d) If a program aircraft is operated on a program flight into an 
airport at which no maintenance personnel are available that are subject 
to the requirements of paragraphs (a) or (b) of this section and 
emergency maintenance is required, the program manager may use persons 
not meeting the requirements of paragraphs (a) or (b) of this section to 
provide such emergency maintenance under both of the following 
conditions:
    (1) The program manager must notify the Drug Abatement Program 
Division, AAM-800, 800 Independence Avenue, SW., Washington, DC 20591 in 
writing within 10 days after being provided emergency maintenance in 
accordance with this paragraph. The program manager must retain copies 
of all such written notifications for two years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (a) or (b) of this section when the 
aircraft is next at an airport where such maintenance personnel are 
available.
    (e) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled, and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.
    (f) Notwithstanding paragraphs (a) and (b) of this section, drug and 
alcohol misuse education conducted under an FAA-approved drug and 
alcohol misuse prevention program may be used to satisfy these 
requirements.



Sec. 91.1049  Personnel.

    (a) Each program manager and each fractional owner must use in 
program operations on program aircraft flight crews meeting Sec. 
91.1053 criteria and qualified under the appropriate regulations. The 
program manager must provide oversight of those crews.
    (b) Each program manager must employ (either directly or by 
contract) an adequate number of pilots per program aircraft. Flight crew 
staffing must be determined based on the following factors, at a 
minimum:
    (1) Number of program aircraft.
    (2) Program manager flight, duty, and rest time considerations, and 
in all cases within the limits set forth in Sec. Sec. 91.1057 through 
91.1061.
    (3) Vacations.
    (4) Operational efficiencies.
    (5) Training.
    (6) Single pilot operations, if authorized by deviation under 
paragraph (d) of this section.
    (c) Each program manager must publish pilot and flight attendant 
duty schedules sufficiently in advance to follow the flight, duty, and 
rest time limits in Sec. Sec. 91.1057 through 91.1061 in program 
operations.
    (d) Unless otherwise authorized by the Administrator, when any 
program aircraft is flown in program operations with passengers onboard, 
the crew must consist of at least two qualified pilots employed or 
contracted by the program manager or the fractional owner.
    (e) The program manager must ensure that trained and qualified 
scheduling or flight release personnel are on duty to schedule and 
release program aircraft during all hours that such aircraft are 
available for program operations.



Sec. 91.1051  Pilot safety background check.

    Within 90 days of an individual beginning service as a pilot, the 
program manager must request the following information:
    (a) FAA records pertaining to--
    (1) Current pilot certificates and associated type ratings.
    (2) Current medical certificates.
    (3) Summaries of legal enforcement actions resulting in a finding by 
the Administrator of a violation.
    (b) Records from all previous employers during the five years 
preceding the date of the employment application where the applicant 
worked as a pilot. If any of these firms are in bankruptcy, the records 
must be requested from the trustees in bankruptcy for those employees. 
If the previous employer is no longer in business, a documented good 
faith effort must be made to obtain the records. Records from previous 
employers must include, as applicable--
    (1) Crew member records.

[[Page 293]]

    (2) Drug testing--collection, testing, and rehabilitation records 
pertaining to the individual.
    (3) Alcohol misuse prevention program records pertaining to the 
individual.
    (4) The applicant's individual record that includes certifications, 
ratings, aeronautical experience, effective date and class of the 
medical certificate.



Sec. 91.1053   Crewmember experience.

    (a) No program manager or owner may use any person, nor may any 
person serve, as a pilot in command or second in command of a program 
aircraft, or as a flight attendant on a program aircraft, in program 
operations under this subpart unless that person has met the applicable 
requirements of part 61 of this chapter and has the following experience 
and ratings:
    (1) Total flight time for all pilots:
    (i) Pilot in command--A minimum of 1,500 hours.
    (ii) Second in command--A minimum of 500 hours.
    (2) For multi-engine turbine-powered fixed-wing and powered-lift 
aircraft, the following FAA certification and ratings requirements:
    (i) Pilot in command--Airline transport pilot and applicable type 
ratings.
    (ii) Second in command--Commercial pilot and instrument ratings.
    (iii) Flight attendant (if required or used)--Appropriately trained 
personnel.
    (3) For all other aircraft, the following FAA certification and 
rating requirements:
    (i) Pilot in command--Commercial pilot and instrument ratings.
    (ii) Second in command--Commercial pilot and instrument ratings.
    (iii) Flight attendant (if required or used)--Appropriately trained 
personnel.
    (b) The Administrator may authorize deviations from paragraph (a)(1) 
of this section if the Flight Standards District Office that issued the 
program manager's management specifications finds that the crewmember 
has comparable experience, and can effectively perform the functions 
associated with the position in accordance with the requirements of this 
chapter. Grants of deviation under this paragraph may be granted after 
consideration of the size and scope of the operation, the qualifications 
of the intended personnel and the circumstances set forth in Sec. 
91.1055(b)(1) through (3). The Administrator may, at any time, terminate 
any grant of deviation authority issued under this paragraph.



Sec. 91.1055  Pilot operating limitations and pairing requirement.

    (a) If the second in command of a fixed-wing program aircraft has 
fewer than 100 hours of flight time as second in command flying in the 
aircraft make and model and, if a type rating is required, in the type 
aircraft being flown, and the pilot in command is not an appropriately 
qualified check pilot, the pilot in command shall make all takeoffs and 
landings in any of the following situations:
    (1) Landings at the destination airport when a Destination Airport 
Analysis is required by Sec. 91.1037(c); and
    (2) In any of the following conditions:
    (i) The prevailing visibility 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, ice or similar 
contamination that may adversely affect aircraft 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 pilot in command determines 
it to be prudent to exercise the pilot in command's authority.
    (b) No program manager may release a program flight under this 
subpart unless, for that aircraft make or model and, if a type rating is 
required, for that type aircraft, either the pilot in command or the 
second in command has at least 75 hours of flight time, either as pilot 
in command or second in command. The Administrator may,

[[Page 294]]

upon application by the program manager, authorize deviations from the 
requirements of this paragraph by an appropriate amendment to the 
management specifications in any of the following circumstances:
    (1) A newly authorized program manager does not employ any pilots 
who meet the minimum requirements of this paragraph.
    (2) An existing program manager adds to its fleet a new category and 
class aircraft not used before in its operation.
    (3) An existing program manager establishes a new base to which it 
assigns pilots who will be required to become qualified on the aircraft 
operated from that base.
    (c) No person may be assigned in the capacity of pilot in command in 
a program operation to more than two aircraft types that require a 
separate type rating.



Sec. 91.1057  Flight, duty and rest time requirements: All crewmembers.

    (a) For purposes of this subpart--
    Augmented flight crew means at least three pilots.
    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 program manager. All time between these two points is part of the 
duty period, even if flight time is interrupted by nonflight-related 
duties. The time is calculated using either Coordinated Universal Time 
or local time to reflect the total elapsed time.
    Extension of flight time means an increase in the flight time 
because of circumstances beyond the control of the program manager or 
flight crewmember (such as adverse weather) that are not known at the 
time of departure and that prevent the flightcrew from reaching the 
destination within the planned flight time.
    Flight attendant means an individual, other than a flight 
crewmember, who is assigned by the program manager, in accordance with 
the required minimum crew complement under the program manager's 
management 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.
    Multi-time zone flight means an easterly or westerly flight or 
multiple flights in one direction in the same duty period that results 
in a time zone difference of 5 or more hours and is conducted in a 
geographic area that is south of 60 degrees north latitude and north of 
60 degrees south latitude.
    Reserve status means that status in which a flight crewmember, by 
arrangement with the program manager: Holds himself or herself fit to 
fly to the extent that this is within the control of the flight 
crewmember; remains within a reasonable response time of the aircraft as 
agreed between the flight crewmember and the program manager; and 
maintains a ready means whereby the flight crewmember may be contacted 
by the program manager. Reserve status is not part of any duty period or 
rest period.
    Rest period means a period of time required pursuant to this subpart 
that is free of all responsibility for work or duty prior to the 
commencement of, or following completion of, a duty period, and during 
which the flight crewmember or flight attendant cannot be required to 
receive contact from the program manager. A rest period does not include 
any time during which the program manager imposes on a flight crewmember 
or flight attendant any duty or restraint, including any actual work or 
present responsibility for work should the occasion arise.
    Standby means that portion of a duty period during which a flight 
crewmember is subject to the control of the program manager and holds 
himself or herself in a condition of readiness to undertake a flight. 
Standby is not part of any rest period.
    (b) A program manager may assign a crewmember and a crewmember may 
accept an assignment for flight time only when the applicable 
requirements of this section and Sec. Sec. 91.1059-91.1062 are met.

[[Page 295]]

    (c) No program manager may assign any crewmember to any duty during 
any required rest period.
    (d) Time spent in transportation, not local in character, that a 
program manager requires of a crewmember and provides to transport the 
crewmember to an airport at which he or she is to serve on a flight as a 
crewmember, or from an airport at which he or she was relieved from duty 
to return to his or her home station, is not considered part of a rest 
period.
    (e) A flight crewmember may continue a flight assignment if the 
flight to which he or she is assigned would normally terminate within 
the flight time limitations, but because of circumstances beyond the 
control of the program manager or flight crewmember (such as adverse 
weather conditions), is not at the time of departure expected to reach 
its destination within the planned flight time. The extension of flight 
time under this paragraph may not exceed the maximum time limits set 
forth in Sec. 91.1059.
    (f) Each flight assignment must provide for at least 10 consecutive 
hours of rest during the 24-hour period that precedes the completion 
time of the assignment.
    (g) The program manager must provide each crewmember at least 13 
rest periods of at least 24 consecutive hours each in each calendar 
quarter.
    (h) A flight crewmember may decline a flight assignment if, in the 
flight crewmember's determination, to do so would not be consistent with 
the standard of safe operation required under this subpart, this part, 
and applicable provisions of this title.
    (i) Any rest period required by this subpart may occur concurrently 
with any other rest period.
    (j) If authorized by the Administrator, a program manager may use 
the applicable unscheduled flight time limitations, duty period 
limitations, and rest requirements of part 121 or part 135 of this 
chapter instead of the flight time limitations, duty period limitations, 
and rest requirements of this subpart.



Sec. 91.1059  Flight time limitations and rest requirements: One or 
two pilot crews.

    (a) No program manager 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 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 subpart for the operation being conducted.
    (c) No program manager may assign any flight crewmember, and no 
flight crewmember may accept an assignment, if that crewmember's flight 
time or duty period will exceed, or rest time will be less than--

----------------------------------------------------------------------------------------------------------------
                                                    Normal duty                    Extension of flight time
----------------------------------------------------------------------------------------------------------------
(1) Minimum Rest Immediately Before     10 Hours...........................  10 Hours.
 Duty.
(2) Duty Period.......................  Up to 14 Hours.....................  Up to 14 Hours.
(3) Flight Time For 1 Pilot...........  Up to 8 Hours......................  Exceeding 8 Hours up to 9 Hours.
(4) Flight Time For 2 Pilots..........  Up to 10 Hours.....................  Exceeding 10 Hours up to 12 Hours.
(5) Minimum After Duty Rest...........  10 Hours...........................  12 Hours.
(6) Minimum After Duty Rest Period for  14 Hours...........................  18 Hours.
 Multi-Time Zone Flights.
----------------------------------------------------------------------------------------------------------------


[[Page 296]]



Sec. 91.1061  Augmented flight crews.

    (a) No program manager may assign any flight crewmember, and no 
flight crewmember may accept an assignment, for flight time as a member 
of an augmented 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 program manager may assign any pilot to an augmented crew, 
unless the program manager ensures:
    (1) Adequate sleeping facilities are installed on the aircraft for 
the pilots.
    (2) No more than 8 hours of flight deck duty is accrued in any 24 
consecutive hours.
    (3) For a three-pilot crew, the crew must consist of at least the 
following:
    (i) A pilot in command (PIC) who meets the applicable flight 
crewmember requirements of this subpart and Sec. 61.57 of this chapter.
    (ii) A PIC qualified pilot who meets the applicable flight 
crewmember requirements of this subpart and Sec. 61.57(c) and (d) of 
this chapter.
    (iii) A second in command (SIC) who meets the SIC qualifications of 
this subpart. For flight under IFR, that person must also meet the 
recent instrument experience requirements of part 61 of this chapter.
    (4) For a four-pilot crew, at least three pilots who meet the 
conditions of paragraph (b)(3) of this section, plus a fourth pilot who 
meets the SIC qualifications of this subpart. For flight under IFR, that 
person must also meet the recent instrument experience requirements of 
part 61 of this chapter.
    (c) No program manager may assign any flight crewmember, and no 
flight crewmember may accept an assignment, if that crewmember's flight 
time or duty period will exceed, or rest time will be less than--

----------------------------------------------------------------------------------------------------------------
                                                    3-Pilot crew                         4-Pilot crew
----------------------------------------------------------------------------------------------------------------
(1) Minimum Rest Immediately Before     10 Hours...........................  10 Hours
 Duty.
(2) Duty Period.......................  Up to 16 Hours.....................  Up to 18 Hours
(3) Flight Time.......................  Up to 12 Hours.....................  Up to 16 Hours
(4) Minimum After Duty Rest...........  12 Hours...........................  18 Hours
(5) Minimum After Duty Rest Period for  18 hours...........................  24 hours
 Multi-Time Zone Flights.
----------------------------------------------------------------------------------------------------------------



Sec. 91.1062  Duty periods and rest requirements: Flight attendants.

    (a) Except as provided in paragraph (b) of this section, a program 
manager may assign a duty period to a flight attendant only when the 
assignment meets the applicable duty period limitations and rest 
requirements of this paragraph.
    (1) Except as provided in paragraphs (a)(4), (a)(5), and (a)(6) of 
this section, no program manager may assign a flight attendant to a 
scheduled duty period of more than 14 hours.
    (2) Except as provided in paragraph (a)(3) of this section, a flight 
attendant scheduled to a duty period of 14 hours or less as provided 
under paragraph (a)(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 (a)(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 program manager may assign a flight attendant to a scheduled 
duty period of more than 14 hours, but no more than 16 hours, if the 
program manager 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

[[Page 297]]

duty period under the program manager's management specifications.
    (5) A program manager may assign a flight attendant to a scheduled 
duty period of more than 16 hours, but no more than 18 hours, if the 
program manager 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 program manager's management specifications.
    (6) A program manager 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 program manager 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 program manager's management specifications.
    (7) Except as provided in paragraph (a)(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 (a)(4), (a)(5), and (a)(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 (a)(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 (a)(4), (a)(5), and (a)(6) of this 
section, if a program manager elects to reduce the rest period to 10 
hours as authorized by paragraph (a)(8) of this section, the program 
manager 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.
    (b) Notwithstanding paragraph (a) of this section, a program manager 
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 the program manager establishes 
written procedures that--
    (1) Apply to all flight attendants used in the program manager's 
operation;
    (2) Include the flight crewmember rest and duty requirements of 
Sec. Sec. 91.1057, 91.1059, and 91.1061, as appropriate to the 
operation being conducted, except that rest facilities on board the 
aircraft are not required;
    (3) 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 Sec. 
91.1061; and
    (4) Are approved by the Administrator and described or referenced in 
the program manager's management specifications.



Sec. 91.1063  Testing and training: Applicability and terms used.

    (a) Sections 91.1065 through 91.1107:
    (1) Prescribe the tests and checks required for pilots and flight 
attendant crewmembers and for the approval of check pilots in operations 
under this subpart;
    (2) Prescribe the requirements for establishing and maintaining an 
approved training program for crewmembers, check pilots and instructors, 
and other operations personnel employed or used by the program manager 
in program operations;
    (3) Prescribe the requirements for the qualification, approval and 
use of aircraft simulators and flight training devices in the conduct of 
an approved training program; and
    (4) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Sec. 91.1075 to conduct 
training, testing and checking under contract or other

[[Page 298]]

arrangements to those persons subject to the requirements of this 
subpart.
    (b) If authorized by the Administrator, a program manager may comply 
with the applicable training and testing sections of subparts N and O of 
part 121 of this chapter instead of Sec. Sec. 91.1065 through 91.1107, 
except for the operating experience requirements of Sec. 121.434 of 
this chapter.
    (c) If authorized by the Administrator, a program manager may comply 
with the applicable training and testing sections of subparts G and H of 
part 135 of this chapter instead of Sec. Sec. 91.1065 through 91.1107, 
except for the operating experience requirements of Sec. 135.244 of 
this chapter.
    (d) 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 will be 
conducted in the aircraft.
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that conducts training, 
testing, and checking under contract or other arrangement to program 
managers subject to the requirements of this subpart.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified 
because of not having met within the required period any of the 
following:
    (i) Recurrent crewmember training requirements of Sec. 91.1107.
    (ii) Instrument proficiency check requirements of Sec. 91.1069.
    (iii) Testing requirements of Sec. 91.1065.
    (iv) Recurrent flight attendant testing requirements of Sec. 
91.1067.



Sec. 91.1065  Initial and recurrent pilot testing requirements.

    (a) No program manager or owner may use a pilot, nor may any person 
serve as a pilot, unless, since the beginning of the 12th month before 
that service, that pilot has passed either a written or oral test (or a 
combination), 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 and 91 of this chapter 
and the management specifications and the operating manual of the 
program manager;
    (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 accepted operating manual or equivalent, as 
applicable;
    (3) For each type of aircraft to be flown by the pilot, the method 
of determining compliance with weight and balance limitations for 
takeoff, landing and en route operations;
    (4) Navigation and use of air navigation aids appropriate to the 
operation or pilot authorization, including, when applicable, instrument 
approach facilities and procedures;
    (5) Air traffic control procedures, including IFR procedures when 
applicable;
    (6) Meteorology in general, including the principles of frontal 
systems, icing, fog, thunderstorms, and windshear, and, if appropriate 
for the operation of the program manager, high altitude weather;
    (7) Procedures for--

[[Page 299]]

    (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 
aircraft pilots are not required to be tested on escaping from low-
altitude windshear); and
    (iii) Operating in or near thunderstorms (including best penetration 
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 program manager or owner may use a pilot, nor may any person 
serve as a pilot, in any aircraft unless, since the beginning of the 
12th 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 aircraft other than turbojet, or that type of 
aircraft, if rotorcraft, multiengine aircraft, 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 
will 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 rotorcraft, means a basic make 
and model.
    (c) The instrument proficiency check required by Sec. 91.1069 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 subpart, 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 
program manager's pilot records.
    (f) All or portions of a required competency check may be given in 
an aircraft simulator or other appropriate training device, if approved 
by the Administrator.



Sec. 91.1067  Initial and recurrent flight attendant crewmember testing 
requirements.

    No program manager or owner may use a flight attendant crewmember, 
nor may any person serve as a flight attendant crewmember unless, since 
the beginning of the 12th month before that service, the program manager 
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 slides 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 program 
manager's operations manual.

[[Page 300]]



Sec. 91.1069  Flight crew: Instrument proficiency check requirements.

    (a) No program manager or owner 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 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 program manager or owner may use a pilot, nor may any person 
serve, as a second command pilot of an aircraft under IFR unless, since 
the beginning of the 12th month before that service, that pilot has 
passed an instrument proficiency check under this section administered 
by the Administrator or an authorized check pilot.
    (c) No pilot may use any type of precision instrument approach 
procedure under IFR unless, since the beginning of the 6th 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 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.
    (d) The instrument proficiency checks required by paragraphs (a) and 
(b) of this section consists of either an oral or written equipment test 
(or a combination) 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.
    (e) Each pilot taking the instrument proficiency check must show 
that standard of competence required by Sec. 91.1065(d).
    (1) The instrument proficiency check must--
    (i) For a pilot in command of an aircraft requiring that the PIC 
hold an airline transport pilot certificate, include the procedures and 
maneuvers for an airline transport pilot certificate in the particular 
type of aircraft, if appropriate; and
    (ii) For a pilot in command of a rotorcraft or a second in command 
of any aircraft requiring that the SIC hold a commercial pilot 
certificate 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 pilot or by the Administrator.
    (f) If the pilot 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.
    (g) 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.
    (h) 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.
    (i) All or portions of a required flight check may be given in an 
aircraft simulator or other appropriate training device, if approved by 
the Administrator.

[[Page 301]]



Sec. 91.1071  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 subpart, completes the test or flight check in the month 
before or after the month in which it is required, that crewmember is 
considered to have completed the test or check in the 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 program manager may not use the pilot, nor may the pilot 
serve, as a flight crewmember in operations under this subpart until the 
pilot has satisfactorily completed the check. If a pilot who 
demonstrates unsatisfactory performance is employed as a pilot for a 
certificate holder operating under part 121, 125, or 135 of this 
chapter, he or she must notify that certificate holder of the 
unsatisfactory performance.



Sec. 91.1073  Training program: General.

    (a) Each program manager must have a training program and must:
    (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, including each flight attendant if the program 
manager uses a flight attendant crewmember, flight instructor, check 
pilot, 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 these 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 pilots, 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 month before, or the 
month after, the month in which that training is required, the 
crewmember is considered to have completed it in the month in which it 
was required.
    (c) Each instructor, supervisor, or check pilot who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this subpart 
must certify as to the proficiency and knowledge of the crewmember, 
flight instructor, or check pilot concerned upon completion of that 
training or check. That certification must 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 pilot, must be identified 
with that entry. However, the signature of the certifying instructor, 
supervisor, or check pilot 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 program manager 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 program manager's training program if approved by the Administrator.
    (f) Each program manager is responsible for establishing safe and 
efficient crew management practices for all phases of flight in program 
operations including crew resource management

[[Page 302]]

training for all crewmembers used in program operations.
    (g) If an aircraft simulator has been approved by the Administrator 
for use in the program manager's training program, the program manager 
must ensure that each pilot annually completes at least one flight 
training session in an approved simulator for at least one program 
aircraft. The training session may be the flight training portion of any 
of the pilot training or check requirements of this subpart, including 
the initial, transition, upgrade, requalification, differences, or 
recurrent training, or the accomplishment of a competency check or 
instrument proficiency check. If there is no approved simulator for that 
aircraft type in operation, then all flight training and checking must 
be accomplished in the aircraft.



Sec. 91.1075  Training program: Special rules.

    Other than the program manager, only the following are eligible 
under this subpart to conduct training, testing, and checking under 
contract or other arrangement to those persons subject to the 
requirements of this subpart.
    (a) Another program manager operating under this subpart:
    (b) A training center certificated under part 142 of this chapter to 
conduct training, testing, and checking required by this subpart 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 instructors and check pilots qualified under the 
applicable requirements of Sec. Sec. 91.1089 through 91.1095 to conduct 
training, testing, and checking to persons subject to the requirements 
of this subpart.
    (c) A part 119 certificate holder operating under part 121 or part 
135 of this chapter.
    (d) As authorized by the Administrator, a training center that is 
not certificated under part 142 of this chapter.



Sec. 91.1077  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 program manager 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 program manager may conduct the training under that program. 
The Administrator then evaluates the effectiveness of the training 
program and advises the program manager of deficiencies, if any, that 
must be corrected.
    (c) The Administrator grants final approval of the proposed training 
program or revision if the program manager 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 program manager must, after notification by the 
Administrator, make any changes in the program that are found necessary 
by the Administrator. Within 30 days after the program manager 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

[[Page 303]]

interest of safety, the Administrator may, upon a statement of the 
reasons, require a change effective without stay.



Sec. 91.1079  Training program: Curriculum.

    (a) Each program manager must prepare and keep current a written 
training program curriculum for each type of aircraft for each 
crewmember required for that type aircraft. The curriculum must include 
ground and flight training required by this subpart.
    (b) Each training program curriculum must include the following:
    (1) A list of principal ground training subjects, including 
emergency training subjects, that are provided.
    (2) A list of all the training devices, mock-ups, systems trainers, 
procedures trainers, or other training aids that the program manager 
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. 91.1081  Crewmember training requirements.

    (a) Each program manager 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 program manager's management specifications 
(not required for flight attendants); and
    (iv) Appropriate portions of the program manager's operating manual.
    (2) The initial and transition ground training in Sec. Sec. 91.1101 
and 91.1105, as applicable.
    (3) Emergency training in Sec. 91.1083.
    (b) Each training program must provide the initial and transition 
flight training in Sec. 91.1103, as applicable.
    (c) Each training program must provide recurrent ground and flight 
training as provided in Sec. 91.1107.
    (d) Upgrade training in Sec. Sec. 91.1101 and 91.1103 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. 91.1083  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 program manager.
    (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;

[[Page 304]]

    (iii) Ditching and evacuation;
    (iv) Illness, injury, or other abnormal situations involving 
passengers or crewmembers; and
    (v) Hijacking and other unusual situations.
    (4) Review and discussion of previous aircraft accidents and 
incidents involving actual emergency situations.
    (c) Each crewmember must perform at least the following emergency 
drills, using the proper emergency equipment and procedures, unless the 
Administrator finds that, for a particular drill, the crewmember can be 
adequately trained by demonstration:
    (1) Ditching, if applicable.
    (2) Emergency evacuation.
    (3) Fire extinguishing and smoke control.
    (4) Operation and use of emergency exits, including deployment and 
use of evacuation slides, if applicable.
    (5) Use of crew and passenger oxygen.
    (6) Removal of life rafts from the aircraft, inflation of the life 
rafts, use of lifelines, 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. 91.1085  Hazardous materials recognition training.

    No program manager 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 
that person has received training in the recognition of hazardous 
materials.



Sec. 91.1087  Approval of aircraft simulators and other training devices.

    (a) Training courses using aircraft simulators and other training 
devices may be included in the program manager'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 program manager; and
    (ii) The particular maneuver, procedure, or crewmember function 
involved.
    (2) It must maintain the performance, functional, and other 
characteristics 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 program manager.
    (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 program manager's curriculum under 
Sec. 91.1079.



Sec. 91.1089  Qualifications: Check pilots (aircraft) and check pilots 
(simulator).

    (a) For the purposes of this section and Sec. 91.1093:
    (1) A check pilot (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 pilot (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 pilots (aircraft) and check pilots (simulator) are those 
check pilots who perform the functions described in Sec. 91.1073(a)(4) 
and (c).
    (b) No program manager may use a person, nor may any person serve as 
a

[[Page 305]]

check pilot (aircraft) in a training program established under this 
subpart unless, with respect to the aircraft type involved, that 
person--
    (1) Holds the pilot certificates and ratings required to serve as a 
pilot in command in operations under this subpart;
    (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 subpart;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this subpart;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 91.1093;
    (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; and
    (6) Has been approved by the Administrator for the check pilot 
duties involved.
    (c) No program manager may use a person, nor may any person serve as 
a check pilot (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 pilot certificates and ratings, except 
medical certificate, required to serve as a pilot in command in 
operations under this subpart;
    (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 subpart;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this subpart;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 91.1093; and
    (5) Has been approved by the Administrator for the check pilot 
(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, must be 
entered in the individual's training record maintained by the program 
manager.
    (e) A check pilot who does not hold an appropriate medical 
certificate may function as a check pilot (simulator), but may not serve 
as a flightcrew member in operations under this subpart.
    (f) A check pilot (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 check pilot duty in a flight 
simulator; or
    (2) Before performing any check pilot duty in a flight simulator, 
satisfactorily complete an approved line-observation program within the 
period prescribed by that program.
    (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 month before or the month after the 
month in which they are due.



Sec. 91.1091  Qualifications: Flight instructors (aircraft) and flight 
instructors (simulator).

    (a) For the purposes of this section and Sec. 91.1095:
    (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. 
91.1073(a)(4) and (c).
    (b) No program manager 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--

[[Page 306]]

    (1) Holds the pilot certificates and ratings required to serve as a 
pilot in command in operations under this subpart or part 121 or 135 of 
this chapter;
    (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 subpart;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this subpart;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 91.1095; and
    (5) Holds at least a Class III medical certificate.
    (c) No program manager 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 pilot certificates and ratings, except medical 
certificate, required to serve as a pilot in command in operations under 
this subpart or part 121 or 135 of this chapter;
    (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 subpart;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this subpart; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 91.1095.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and 
(4) or (c)(2), (3), and (4) of this section, as applicable, must be 
entered in the individual's training record maintained by the program 
manager.
    (e) A pilot 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 subpart.
    (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 pilot 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 month before, or in the month after, the 
month in which they are due.



Sec. 91.1093  Initial and transition training and checking: Check pilots 
(aircraft), check pilots (simulator).

    (a) No program manager may use a person nor may any person serve as 
a check pilot unless--
    (1) That person has satisfactorily completed initial or transition 
check pilot training; and
    (2) Within the preceding 24 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 program 
manager. The observation check may be accomplished in part or in full in 
an aircraft, in a flight simulator, or in a flight training device.
    (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 month before or the month after the month in which it 
is due.
    (c) The initial ground training for check pilots must include the 
following:
    (1) Check pilot duties, functions, and responsibilities.
    (2) The applicable provisions of the Code of Federal Regulations and 
the program manager'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--

[[Page 307]]

    (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 a check pilot 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 pilot is in transition.
    (e) The initial and transition flight training for a check pilot 
(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 subpart; 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 a check pilot 
(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 subpart. 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 subpart.



Sec. 91.1095  Initial and transition training and checking: Flight 
instructors (aircraft), flight instructors (simulator).

    (a) No program manager 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 months, that person satisfactorily 
conducts instruction under the observation of an FAA inspector, a 
program manager check pilot, or an aircrew designated examiner employed 
by the program manager. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device.
    (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 month before, or the 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 program 
manager'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.

[[Page 308]]

    (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 subpart; 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 subpart. 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 subpart.



Sec. 91.1097  Pilot and flight attendant crewmember training programs.

    (a) Each program manager must establish and maintain an approved 
pilot training program, and each program manager who uses a flight 
attendant crewmember must establish and maintain an approved flight 
attendant training program, that is appropriate to the operations to 
which each pilot and flight attendant is to be assigned, and will ensure 
that they are adequately trained to meet the applicable knowledge and 
practical testing requirements of Sec. Sec. 91.1065 through 91.1071.
    (b) Each program manager required to have a training program by 
paragraph (a) of this section must include in that program ground and 
flight training curriculums for--
    (1) Initial training;
    (2) Transition training;
    (3) Upgrade training;
    (4) Differences training;
    (5) Recurrent training; and
    (6) Requalification training.
    (c) Each program manager must provide current and appropriate study 
materials for use by each required pilot and flight attendant.
    (d) The program manager must 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 program manager 
uses training facilities of other persons, a copy of those training 
programs or appropriate portions used for those facilities must 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.



Sec. 91.1099  Crewmember initial and recurrent training requirements.

    No program manager may use a person, nor may any person serve, as a 
crewmember in operations under this subpart 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 month before that 
service.



Sec. 91.1101  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 program manager's flight locating procedures;

[[Page 309]]

    (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 Decision Altitude 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 (that is, 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 penetration 
altitudes), turbulent air (including clear air turbulence), inflight 
icing, hail, and other potentially hazardous meteorological conditions; 
and
    (iv) Operating airplanes during ground icing conditions, (that is, 
any time conditions are such that frost, ice, or snow may reasonably be 
expected to adhere to the aircraft), if the program manager 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 (that is, 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 program manager;
    (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.



Sec. 91.1103  Pilots: Initial, transition, upgrade, requalification, and 
differences flight training.

    (a) Initial, transition, upgrade, requalification, and differences 
training for pilots must include flight and practice in each of the 
maneuvers and procedures contained in each of the curriculums that are a 
part of the approved training program.
    (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 program manager'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

[[Page 310]]

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. 91.1105  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. 91.1107  Recurrent training.

    (a) Each program manager must ensure that each crewmember receives 
recurrent training and is adequately trained and currently proficient 
for the type aircraft and crewmember position involved.
    (b) Recurrent ground training for crewmembers must include at least 
the following:
    (1) A quiz or other review to determine the crewmember's knowledge 
of the aircraft and crewmember position involved.
    (2) Instruction as necessary in the subjects required for initial 
ground training by this subpart, as appropriate, including low-altitude 
windshear training and training on operating during ground icing 
conditions, as prescribed in Sec. 91.1097 and described in Sec. 
91.1101, 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. 91.1065 
within the preceding 12 months may be substituted for recurrent flight 
training.



Sec. 91.1109  Aircraft maintenance: Inspection program.

    Each program manager must establish an aircraft inspection program 
for each make and model program aircraft and ensure each aircraft is 
inspected in accordance with that inspection program.
    (a) The inspection 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 aircraft, including necessary tests and 
checks. The instructions and procedures must set forth in detail the 
parts and areas of the airframe, engines, propellers, rotors, and 
appliances, including survival and emergency equipment required to be 
inspected.
    (2) A schedule for performing the inspections that must be 
accomplished under the inspection program expressed in terms of the time 
in service, calendar time, number of system operations, or any 
combination thereof.
    (3) The name and address of the person responsible for scheduling 
the inspections required by the inspection program. A copy of the 
inspection program must be made available to the person performing 
inspections on the aircraft and, upon request, to the Administrator.
    (b) Each person desiring to establish or change an approved 
inspection program under this section must submit the inspection program 
for approval to the Flight Standards District Office that issued the 
program manager's management specifications. The inspection program must 
be derived from one of the following programs:
    (1) An inspection program currently recommended by the manufacturer 
of the aircraft, aircraft engines, propellers, appliances, and survival 
and emergency equipment;
    (2) An inspection program that is part of a continuous airworthiness 
maintenance program currently in use

[[Page 311]]

by a person holding an air carrier or operating certificate issued under 
part 119 of this chapter and operating that make and model aircraft 
under part 121 or 135 of this chapter;
    (3) An aircraft inspection program approved under Sec. 135.419 of 
this chapter and currently in use under part 135 of this chapter by a 
person holding a certificate issued under part 119 of this chapter; or
    (4) An airplane inspection program approved under Sec. 125.247 of 
this chapter and currently in use under part 125 of this chapter.
    (5) An inspection program that is part of the program manager's 
continuous airworthiness maintenance program under Sec. Sec. 91.1411 
through 91.1443.
    (c) The Administrator may require revision of the inspection program 
approved under this section in accordance with the provisions of Sec. 
91.415.



Sec. 91.1111  Maintenance training.

    The program manager must ensure that all employees who are 
responsible for maintenance related to program aircraft undergo 
appropriate initial and annual recurrent training and are competent to 
perform those duties.



Sec. 91.1113  Maintenance recordkeeping.

    Each fractional ownership program manager must keep (using the 
system specified in the manual required in Sec. 91.1025) the records 
specified in Sec. 91.417(a) for the periods specified in Sec. 
91.417(b).



Sec. 91.1115  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 program manager has been issued management specifications 
authorizing operations in accordance with an approved Minimum Equipment 
List. The flight crew must 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 program manager's management specifications. An 
approved Minimum Equipment List, as authorized by the management 
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 management 
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 that 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 Sec. Sec. 21.197 and 21.199 of this 
chapter.
    (d) A person authorized to use an approved Minimum Equipment List 
issued for a specific aircraft under part 121, 125, or 135 of this 
chapter must use that Minimum Equipment List to comply with this 
section.

[[Page 312]]



Sec. 91.1411  Continuous airworthiness maintenance program use by 
fractional ownership program manager.

    Fractional ownership program aircraft may be maintained under a 
continuous airworthiness maintenance program (CAMP) under Sec. Sec. 
91.1413 through 91.1443. Any program manager who elects to maintain the 
program aircraft using a continuous airworthiness maintenance program 
must comply with Sec. Sec. 91.1413 through 91.1443.



Sec. 91.1413  CAMP: Responsibility for airworthiness.

    (a) For aircraft maintained in accordance with a Continuous 
Airworthiness Maintenance Program, each program manager is primarily 
responsible for the following:
    (1) Maintaining the airworthiness of the program aircraft, including 
airframes, aircraft engines, propellers, rotors, appliances, and parts.
    (2) Maintaining its aircraft in accordance with the requirements of 
this chapter.
    (3) Repairing defects that occur between regularly scheduled 
maintenance required under part 43 of this chapter.
    (b) Each program manager who maintains program aircraft under a CAMP 
must--
    (1) Employ a Director of Maintenance or equivalent position. The 
Director of Maintenance must be a certificated mechanic with airframe 
and powerplant ratings who has responsibility for the maintenance 
program on all program aircraft maintained under a continuous 
airworthiness maintenance program. This person cannot also act as Chief 
Inspector.
    (2) Employ a Chief Inspector or equivalent position. The Chief 
Inspector must be a certificated mechanic with airframe and powerplant 
ratings who has overall responsibility for inspection aspects of the 
CAMP. This person cannot also act as Director of Maintenance.
    (3) Have the personnel to perform the maintenance of program 
aircraft, including airframes, aircraft engines, propellers, rotors, 
appliances, emergency equipment and parts, under its manual and this 
chapter; or make arrangements with another person for the performance of 
maintenance. However, the program manager must ensure that any 
maintenance, preventive maintenance, or alteration that is performed by 
another person is performed under the program manager's operating manual 
and this chapter.



Sec. 91.1415  CAMP: Mechanical reliability reports.

    (a) Each program manager who maintains program aircraft under a CAMP 
must 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 because of 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

[[Page 313]]

    (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 program manager must report any other failure, 
malfunction, or defect in an aircraft that occurs or is detected at any 
time if, in the manager's opinion, the failure, malfunction, or defect 
has endangered or may endanger the safe operation of the aircraft.
    (d) Each program manager must 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 Flight Standards District Office that issued the program 
manager's management specifications. Each report of occurrences during a 
24-hour period must be mailed or transmitted to that office within the 
next 72 hours. However, a report that is due on Saturday or Sunday may 
be mailed or transmitted on the following Monday and one that is due on 
a holiday may be mailed or transmitted on the next workday. For aircraft 
operated in areas where mail is not collected, reports may be mailed or 
transmitted within 72 hours after the aircraft returns to a point where 
the mail is collected.
    (e) The program manager must transmit the reports required by this 
section on a form and in a manner prescribed by the Administrator, and 
must include as much of the following as is available:
    (1) The type and identification number of the aircraft.
    (2) The name of the program manager.
    (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 (for 
example, wear, crack, design deficiency, or personnel error).
    (7) Other pertinent information necessary for more complete 
identification, determination of seriousness, or corrective action.
    (f) A program manager 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 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 
when not all information required by this section is available.
    (h) When the program manager receives additional information, 
including information from the manufacturer or other agency, concerning 
a report required by this section, the program manager must 
expeditiously submit it as a supplement to the first report and 
reference the date and place of submission of the first report.



Sec. 91.1417  CAMP: Mechanical interruption summary report.

    Each program manager who maintains program aircraft under a CAMP 
must 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 Flight Standards District Office 
that issued the management specifications:
    (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. 91.1415.
    (b) The number of propeller featherings in flight, listed by type of 
propeller and engine and aircraft on which it was installed. Propeller

[[Page 314]]

featherings for training, demonstration, or flight check purposes need 
not be reported.



Sec. 91.1423  CAMP: Maintenance organization.

    (a) Each program manager who maintains program aircraft under a CAMP 
that has its personnel perform 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 program manager who has personnel perform any inspections 
required by the program manager's manual under Sec. 91.1427(b) (2) or 
(3), (in this subpart referred to as required inspections), and each 
person with whom the program manager 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, must organize the 
performance of those functions so as to separate the required inspection 
functions from the other maintenance, preventive maintenance, or 
alteration functions. The separation must be below the level of 
administrative control at which overall responsibility for the required 
inspection functions and other maintenance, preventive maintenance, or 
alterations is exercised.



Sec. 91.1425  CAMP: Maintenance, preventive maintenance, and alteration 
programs.

    Each program manager who maintains program aircraft under a CAMP 
must have an inspection program and a program covering other 
maintenance, preventive maintenance, or alterations that ensures that--
    (a) Maintenance, preventive maintenance, or alterations performed by 
its personnel, or by other persons, are performed under the program 
manager's manual;
    (b) Competent personnel and adequate facilities and equipment are 
provided for the proper performance of maintenance, preventive 
maintenance, or alterations; and
    (c) Each aircraft released to service is airworthy and has been 
properly maintained for operation under this part.



Sec. 91.1427  CAMP: Manual requirements.

    (a) Each program manager who maintains program aircraft under a CAMP 
must put in the operating manual the chart or description of the program 
manager's organization required by Sec. 91.1423 and a list of persons 
with whom it has arranged for the performance of any of its required 
inspections, and other maintenance, preventive maintenance, or 
alterations, including a general description of that work.
    (b) Each program manager must put in the operating manual the 
programs required by Sec. 91.1425 that must be followed in performing 
maintenance, preventive maintenance, or alterations of that program 
manager'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, or 
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

[[Page 315]]

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, or 
alterations functions.
    (9) Procedures to ensure that maintenance (including required 
inspections), preventive maintenance, or alterations that are not 
completed because of work interruptions are properly completed before 
the aircraft is released to service.
    (c) Each program manager must put in the manual a suitable system 
(which may include an electronic or 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 program manager; 
and
    (3) The name or other positive identification of the individual 
approving the work.
    (d) For the purposes of this part, the program manager must prepare 
that part of its manual containing maintenance information and 
instructions, in whole or in part, in a format acceptable to the 
Administrator, that is retrievable in the English language.



Sec. 91.1429  CAMP: Required inspection personnel.

    (a) No person who maintains an aircraft under a CAMP may use any 
person to perform required inspections unless the person performing the 
inspection is appropriately certificated, properly trained, qualified, 
and authorized to do so.
    (b) No person may allow any person to perform a required inspection 
unless, at the time the work was performed, the person performing that 
inspection is under the supervision and control of the chief inspector.
    (c) No person may perform a required inspection if that person 
performed the item of work required to be inspected.
    (d) Each program manager must maintain, or must ensure that each 
person with whom it arranges to perform 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 program manager (or person with whom it 
arranges to perform its required inspections) must give written 
information to each person so authorized, describing the extent of that 
person's responsibilities, authorities, and inspectional limitations. 
The list must be made available for inspection by the Administrator upon 
request.



Sec. 91.1431  CAMP: Continuing analysis and surveillance.

    (a) Each program manager who maintains program aircraft under a CAMP 
must 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 
employees of the program manager or by another person.
    (b) Whenever the Administrator finds that the programs described in 
paragraph (a) of this section does not contain adequate procedures and 
standards to meet this part, the program manager must, after 
notification by the Administrator, make changes in those programs 
requested by the Administrator.
    (c) A program manager may petition the Administrator to reconsider 
the notice to make a change in a program. The petition must be filed 
with the Director, Flight Standards Service, within 30 days after the 
program manager 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.

[[Page 316]]



Sec. 91.1433  CAMP: Maintenance and preventive maintenance training 
program.

    Each program manager who maintains program aircraft under a CAMP or 
a person performing maintenance or preventive maintenance functions for 
it must 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.



Sec. 91.1435  CAMP: Certificate requirements.

    (a) Except for maintenance, preventive maintenance, alterations, and 
required inspections performed by repair stations located outside the 
United States certificated under the provisions of part 145 of this 
chapter, each person who is directly in charge of maintenance, 
preventive maintenance, or alterations for a CAMP, and each person 
performing required inspections for a CAMP 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. 91.1437  CAMP: Authority to perform and approve maintenance.

    A program manager who maintains program aircraft under a CAMP may 
employ maintenance personnel, or make arrangements with other persons to 
perform maintenance and preventive maintenance as provided in its 
maintenance manual. Unless properly certificated, the program manager 
may not perform or approve maintenance for return to service.



Sec. 91.1439  CAMP: Maintenance recording requirements.

    (a) Each program manager who maintains program aircraft under a CAMP 
must keep (using the system specified in the manual required in Sec. 
91.1427) 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. 91.1443 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 that 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 program manager must 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 must 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 must 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 must 
be retained as specified unless transferred with the aircraft at the 
time the aircraft is sold.

[[Page 317]]

    (c) The program manager must make all maintenance records required 
to be kept by this section available for inspection by the Administrator 
or any representative of the National Transportation Safety Board.



Sec. 91.1441  CAMP: Transfer of maintenance records.

    When a U.S.-registered fractional ownership program aircraft 
maintained under a CAMP is removed from the list of program aircraft in 
the management specifications, the program manager must transfer to the 
purchaser, at the time of the sale, the following records of that 
aircraft, in plain language form or in coded form that provides for the 
preservation and retrieval of information in a manner acceptable to the 
Administrator:
    (a) The records specified in Sec. 91.1439(a)(2).
    (b) The records specified in Sec. 91.1439(a)(1) that are not 
included in the records covered by paragraph (a) of this section, except 
that the purchaser may allow the program manager to keep physical 
custody of such records. However, custody of records by the program 
manager does not relieve the purchaser of its responsibility under Sec. 
91.1439(c) to make the records available for inspection by the 
Administrator or any representative of the National Transportation 
Safety Board.



Sec. 91.1443  CAMP: Airworthiness release or aircraft maintenance log 
entry.

    (a) No program aircraft maintained under a CAMP may be operated 
after maintenance, preventive maintenance, or alterations are performed 
unless qualified, certificated personnel employed by the program manager 
prepare, or cause the person with whom the program manager 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 program 
manager's manual;
    (2) Include a certification that--
    (i) The work was performed in accordance with the requirements of 
the program manager'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.
    (c) Notwithstanding paragraph (b)(3) of this section, after 
maintenance, preventive maintenance, or alterations performed by a 
repair station certificated under the provisions of part 145 of this 
chapter, the approval for return to service or log entry required by 
paragraph (a) of this section may be signed by a person authorized by 
that repair station.
    (d) Instead of restating each of the conditions of the certification 
required by paragraph (b) of this section, the program manager may state 
in its manual that the signature of an authorized certificated mechanic 
or repairman constitutes that certification.

  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:
    (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

[[Page 318]]

    (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 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.

[[Page 319]]

    (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).
    (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,

[[Page 320]]

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.
    (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, as amended by Amdt. 91-269, 
66 FR 41116, Aug. 6, 2001]

  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.
    (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

[[Page 321]]

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 285 and FL 
420 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, as amended by Amdt. 91-254, 
62 FR 17487, Apr. 9, 1997]

      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)
Charlotte, NC (Charlotte/Douglas International Airport)
Chicago, IL Chicago-O'Hare International Airport)

[[Page 322]]

Cleveland, OH (Cleveland-Hopkins International Airport)
Covington, KY (Cincinnati Northern Kentucky 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 (George Bush Intercontinental Airport/Houston)
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 (Ronald Reagan Washington National Airport and Andrews 
Air Force Base, MD)

    Section 2. Airports at which the requirements of Sec. 
91.215(b)(5)(ii) apply. [Reserved]
    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 (Cincinnati Northern Kentucky 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 (George Bush Intercontinental Airport/Houston)
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 (Ronald Reagan Washington National Airport and Andrews 
Air Force Base, MD)

    Section 4. Locations at which solo student, sport, and recreational 
pilot activity is not permitted.
    Pursuant to Sec. 91.131(b)(2), solo student, sport, and 
recreational 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)

[[Page 323]]

Miami, FL (Miami International Airport)
Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
San Francisco, CA (San Francisco International Airport)
Washington, DC (Ronald Reagan 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; 
Amdt. 91-258, 64 FR 66769, Nov. 30, 1999; Amdt. 91-278, 68 FR 9795, Feb. 
28, 2003; Amdt. 91-282, 69 FR 44882, July 27, 2004]

    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      Sampling interval    Resolution \4\
           Parameters                    Range           accuracy (to        (per second)          read out
                                                        recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on   8 hr minimum......  0.125% per
                                                       hour.
Indicated Airspeed..............  Vso to VD (KIAS)..  5% or 1
                                                       0 kts., whichever
                                                       is greater.
                                                       Resolution 2 kts.
                                                       below 175 KIAS.
Altitude........................  -1,000 ft. to max   100 to 7
                                                       00 ft. (see Table
                                                       1, TSO C51-a).
Magnetic Heading................  360[deg]..........  5[deg].
Vertical Acceleration...........  -3g to +6g........  0.2g in          where peaks, ref.
                                                       addition to 0   recorded).
                                                       .3g maximum datum.
Longitudinal Acceleration.......  1.0g.            eq>1.5% max.
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  100% of usable....  2[deg].
Roll Attitude...................  60[deg] or       eq>2[deg].
                                   100% of usable
                                   range, whichever
                                   is greater.
Stabilizer Trim Position, or....  Full Range........  3% unless
                                                       higher uniquely
                                                       required.
Pitch Control Position..........
Engine Power, Each Engine:        Full Range........  3% unless
                                                       higher uniquely
                                                       required.
    Fan or N \1\ Speed or EPR or  Maximum Range.....  5%.
     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   8,000 fpm.       eq>10%.                                 12,000
                                                       Resolution 250
                                                       fpm below 12,000
                                                       ft. indicated.
Angle of Attack \2\ (need         -20[deg] to         2[deg]  1.................  0.8%\3\
 depends on altitude resolution).  40[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.

[[Page 324]]

 
LE Flaps (Discrete or Analog)...  Analog 0-100%       3%.
                                  Each discrete       ..................  1.................
                                   position (U, D, T/
                                   O, AAP) OR.
Thrust Reverser, Each Engine      Analog 0-100%       3[deg].
                                  Stowed or full
                                   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 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% per
                                                       hour.
Indicated Airspeed..............  VM in to VD (KIAS)  5% or 1
                                   with installed      0 kts., whichever
                                   pilot-static        is greater.
                                   system).
Altitude........................  -1,000 ft. to       100 to 7
                                                       00 ft. (see Table
                                                       1, TSO C51-a).
Magnetic Heading................  360[deg]..........  5[deg].
Vertical Acceleration...........  -3g to +6g........  0.2g in          where peaks, ref.
                                                       addition to 0   recorded).
                                                       .3g maximum datum.
Longitudinal Acceleration.......  1.0g.            eq>1.5% max.
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  100% of usable      2[deg].
Roll Attitude...................  60 or 100% of    eq>2[deg].
                                   usable range,
                                   whichever is
                                   greater.
Altitude Rate...................  8,000 fpm.       eq>10% Resolution                       12,000.
                                                       250 fpm below
                                                       12,000 ft.
                                                       indicated.
 
    Engine Power, Each Engine
 
Main Rotor Speed................  Maximum Range.....  5%.
Free or Power Turbine...........  Maximum Range.....  5%.
Engine Torque...................  Maximum Range.....  5%.
 
    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.................
 

[[Page 325]]

 
         Flight Controls
 
Collective......................  Full range........  3%.
Pedal Position..................  Full range........  3%.
Lat. Cyclic.....................  Full range........  3%.
Long. Cyclic....................  Full range........  3%.
Controllable Stabilator Position  Full range........  3%.
----------------------------------------------------------------------------------------------------------------
\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]

Appendix G to Part 91--Operations in Reduced Vertical Separation Minimum 
                             (RVSM) Airspace

                         Section 1. Definitions

    Reduced Vertical Separation Minimum (RVSM) Airspace. Within RVSM 
airspace, air traffic control (ATC) separates aircraft by a minimum of 
1,000 feet vertically between flight level (FL) 290 and FL 410 
inclusive. RVSM airspace is special qualification airspace; the operator 
and the aircraft used by the operator must be approved by the 
Administrator. Air-traffic control notifies operators of RVSM by 
providing route planning information. Section 8 of this appendix 
identifies airspace where RVSM may be applied.
    RVSM Group Aircraft. Aircraft within a group of aircraft, approved 
as a group by the Administrator, in which each of the aircraft satisfy 
each of the following:
    (a) The aircraft have been manufactured to the same design, and have 
been approved under the same type certificate, amended type certificate, 
or supplemental type certificate.
    (b) The static system of each aircraft is installed in a manner and 
position that is the same as those of the other aircraft in the group. 
The same static source error correction is incorporated in each aircraft 
of the group.
    (c) The avionics units installed in each aircraft to meet the 
minimum RVSM equipment requirements of this appendix are:
    (1) Manufactured to the same manufacturer specification and have the 
same part number; or
    (2) Of a different manufacturer or part number, if the applicant 
demonstrates that the equipment provides equivalent system performance.
    RVSM Nongroup Aircraft. An aircraft that is approved for RVSM 
operations as an individual aircraft.
    RVSM Flight envelope. An RVSM flight envelope includes the range of 
Mach number, weight divided by atmospheric pressure ratio, and altitudes 
over which an aircraft is approved to be operated in cruising flight 
within RVSM airspace. RVSM flight envelopes are defined as follows:
    (a) The full RVSM flight envelope is bounded as follows:
    (1) The altitude flight envelope extends from FL 290 upward to the 
lowest altitude of the following:
    (i) FL 410 (the RVSM altitude limit);
    (ii) The maximum certificated altitude for the aircraft; or
    (iii) The altitude limited by cruise thrust, buffet, or other flight 
limitations.
    (2) The airspeed flight envelope extends:
    (i) From the airspeed of the slats/flaps-up maximum endurance 
(holding) airspeed, or the maneuvering airspeed, whichever is lower;
    (ii) To the maximum operating airspeed (Vmo/
Mmo), or airspeed limited by cruise thrust buffet, or other 
flight limitations, whichever is lower.
    (3) All permissible gross weights within the flight envelopes 
defined in paragraphs (1) and (2) of this definition.
    (b) The basic RVSM flight envelope is the same as the full RVSM 
flight envelope except that the airspeed flight envelope extends:
    (1) From the airspeed of the slats/flaps-up maximum endurance 
(holding) airspeed, or the maneuver airspeed, whichever is lower;
    (2) To the upper Mach/airspeed boundary defined for the full RVSM 
flight envelope, or a specified lower value not less than the long-range 
cruise Mach number plus .04 Mach, unless further limited by available 
cruise thrust, buffet, or other flight limitations.

                      Section 2. Aircraft Approval

    (a) An operator may be authorized to conduct RVSM operations if the 
Administrator finds that its aircraft comply with this section.

[[Page 326]]

    (b) The applicant for authorization shall submit the appropriate 
data package for aircraft approval. The package must consist of at least 
the following:
    (1) An identification of the RVSM aircraft group or the nongroup 
aircraft;
    (2) A definition of the RVSM flight envelopes applicable to the 
subject aircraft;
    (3) Documentation that establishes compliance with the applicable 
RVSM aircraft requirements of this section; and
    (4) The conformity tests used to ensure that aircraft approved with 
the data package meet the RVSM aircraft requirements.
    (c) Altitude-keeping equipment: All aircraft. To approve an aircraft 
group or a nongroup aircraft, the Administrator must find that the 
aircraft meets the following requirements:
    (1) The aircraft must be equipped with two operational independent 
altitude measurement systems.
    (2) The aircraft must be equipped with at least one automatic 
altitude control system that controls the aircraft altitude--
    (i) Within a tolerance band of 65 feet about 
an acquired altitude when the aircraft is operated in straight and level 
flight under nonturbulent, nongust conditions; or
    (ii) Within a tolerance band of 130 feet under 
nonturbulent, nongust conditions for aircraft for which application for 
type certification occurred on or before April 9, 1997 that are equipped 
with an automatic altitude control system with flight management/
performance system inputs.
    (3) The aircraft must be equipped with an altitude alert system that 
signals an alert when the altitude displayed to the flight crew deviates 
from the selected altitude by more than:
    (i) 300 feet for aircraft for which 
application for type certification was made on or before April 9, 1997; 
or
    (ii) 200 feet for aircraft for which 
application for type certification is made after April 9, 1997.
    (d) Altimetry system error containment: Group aircraft for which 
application for type certification was made on or before April 9, 1997. 
To approve group aircraft for which application for type certification 
was made on or before April 9, 1997, the Administrator must find that 
the altimetry system error (ASE) is contained as follows:
    (1) At the point in the basic RVSM flight envelope where mean ASE 
reaches its largest absolute value, the absolute value may not exceed 80 
feet.
    (2) At the point in the basic RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 200 feet.
    (3) At the point in the full RVSM flight envelope where mean ASE 
reaches its largest absolute value, the absolute value may not exceed 
120 feet.
    (4) At the point in the full RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 245 feet.
    (5) Necessary operating restrictions. If the applicant demonstrates 
that its aircraft otherwise comply with the ASE containment 
requirements, the Administrator may establish an operating restriction 
on that applicant's aircraft to restrict the aircraft from operating in 
areas of the basic RVSM flight envelope where the absolute value of mean 
ASE exceeds 80 feet, and/or the absolute value of mean ASE plus three 
standard deviations exceeds 200 feet; or from operating in areas of the 
full RVSM flight envelope where the absolute value of the mean ASE 
exceeds 120 feet and/or the absolute value of the mean ASE plus three 
standard deviations exceeds 245 feet.
    (e) Altimetry system error containment: Group aircraft for which 
application for type certification is made after April 9, 1997. To 
approve group aircraft for which application for type certification is 
made after April 9, 1997, the Administrator must find that the altimetry 
system error (ASE) is contained as follows:
    (1) At the point in the full RVSM flight envelope where mean ASE 
reaches its largest absolute value, the absolute value may not exceed 80 
feet.
    (2) At the point in the full RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 200 feet.
    (f) Altimetry system error containment: Nongroup aircraft. To 
approve a nongroup aircraft, the Administrator must find that the 
altimetry system error (ASE) is contained as follows:
    (1) For each condition in the basic RVSM flight envelope, the 
largest combined absolute value for residual static source error plus 
the avionics error may not exceed 160 feet.
    (2) For each condition in the full RVSM flight envelope, the largest 
combined absolute value for residual static source error plus the 
avionics error may not exceed 200 feet.
    (g) Traffic Alert and Collision Avoidance System (TCAS) 
Compatibility With RVSM Operations: All aircraft. After March 31, 2002, 
unless otherwise authorized by the Administrator, if you operate an 
aircraft that is equipped with TCAS II in RVSM airspace, it must be a 
TCAS II that meets TSO C-119b (Version 7.0), or a later version.
    (h) If the Administrator finds that the applicant's aircraft comply 
with this section, the Administrator notifies the applicant in writing.

[[Page 327]]

                    Section 3. Operator Authorization

    (a) Authority for an operator to conduct flight in airspace where 
RVSM is applied is issued in operations specifications, a Letter of 
Authorization, or management specifications issued under subpart K of 
this part, as appropriate. To issue an RVSM authorization, the 
Administrator must find that the operator's aircraft have been approved 
in accordance with Section 2 of this appendix and the operator complies 
with this section.
    (b) An applicant for authorization to operate within RVSM airspace 
shall apply in a form and manner prescribed by the Administrator. The 
application must include the following:
    (1) An approved RVSM maintenance program outlining procedures to 
maintain RVSM aircraft in accordance with the requirements of this 
appendix. Each program must contain the following:
    (i) Periodic inspections, functional flight tests, and maintenance 
and inspection procedures, with acceptable maintenance practices, for 
ensuring continued compliance with the RVSM aircraft requirements.
    (ii) A quality assurance program for ensuring continuing accuracy 
and reliability of test equipment used for testing aircraft to determine 
compliance with the RVSM aircraft requirements.
    (iii) Procedures for returning noncompliant aircraft to service.
    (2) For an applicant who operates under part 121 or 135 of this 
chapter or under subpart K of this part, initial and recurring pilot 
training requirements.
    (3) Policies and procedures: An applicant who operates under part 
121 or 135 of this chapter or under subpart K of this part must submit 
RVSM policies and procedures that will enable it to conduct RVSM 
operations safely.
    (c) Validation and Demonstration. In a manner prescribed by the 
Administrator, the operator must provide evidence that:
    (1) It is capable to operate and maintain each aircraft or aircraft 
group for which it applies for approval to operate in RVSM airspace; and
    (2) Each pilot has an adequate knowledge of RVSM requirements, 
policies, and procedures.

                       Section 4. RVSM Operations

    (a) Each person requesting a clearance to operate within RVSM 
airspace shall correctly annotate the flight plan filed with air traffic 
control with the status of the operator and aircraft with regard to RVSM 
approval. Each operator shall verify RVSM applicability for the flight 
planned route through the appropriate flight planning information 
sources.
    (b) No person may show, on the flight plan filed with air traffic 
control, an operator or aircraft as approved for RVSM operations, or 
operate on a route or in an area where RVSM approval is required, 
unless:
    (1) The operator is authorized by the Administrator to perform such 
operations; and
    (2) The aircraft has been approved and complies with the 
requirements of Section 2 of this appendix.

                 Section 5. Deviation Authority Approval

    The Administrator may authorize an aircraft operator to deviate from 
the requirements of Sec. 91.180 or Sec. 91.706 for a specific flight 
in RVSM airspace if that operator has not been approved in accordance 
with section 3 of this appendix if:
    (a) The operator submits a request in a time and manner acceptable 
to the Administrator; and
    (b) At the time of filing the flight plan 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 on, the 
operations of operators who have been approved for RVSM operations in 
accordance with Section 3 of this appendix.

              Section 6. Reporting Altitude-Keeping Errors

    Each operator shall report to the Administrator each event in which 
the operator's aircraft has exhibited the following altitude-keeping 
performance:
    (a) Total vertical error of 300 feet or more;
    (b) Altimetry system error of 245 feet or more; or
    (c) Assigned altitude deviation of 300 feet or more.

              Section 7. Removal or Amendment of Authority

    The Administrator may amend operations specifications or management 
specifications issued under subpart K of this part to revoke or restrict 
an RVSM authorization, or may revoke or restrict an RVSM letter of 
authorization, if the Administrator determines that the operator is not 
complying, or is unable to comply, with this appendix or subpart H of 
this part. Examples of reasons for amendment, revocation, ore 
restriction include, but are not limited to, an operator's:
    (a) Committing one or more altitude-keeping errors in RVSM airspace;
    (b) Failing to make an effective and timely response to identify and 
correct an altitude-keeping error; or
    (c) Failing to report an altitude-keeping error.

                     Section 8. Airspace Designation

    (a) RVSM in the North Atlantic. (1) RVSM may be applied in the NAT 
in the following ICAO Flight Information Regions (FIRs): New York 
Oceanic, Gander Oceanic, Sondrestrom FIR, Reykjavik Oceanic, Shanwick 
Oceanic, and Santa Maria Oceanic.

[[Page 328]]

    (2) RVSM may be effective in the Minimum Navigation Performance 
Specification (MNPS) airspace within the NAT. The MNPS airspace within 
the NAT is defined by the volume of airspace between FL 285 and FL 420 
(inclusive) 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 boundaries of control areas Reykjavik Oceanic, 
Gander Oceanic, and New York Oceanic, excluding the areas west of 60 
degrees west and south of 38 degrees 30 minutes north.
    (b) RVSM in the Pacific. (1) RVSM may be applied in the Pacific in 
the following ICAO Flight Information Regions (FIRs): Anchorage Arctic, 
Anchorage Continental, Anchorage Oceanic, Auckland Oceanic, Brisbane, 
Edmonton, Honiara, Los Angeles, Melbourne, Nadi, Naha, Nauru, New 
Zealand, Oakland, Oakland Oceanic, Port Moresby, Seattle, Tahiti, Tokyo, 
Ujung Pandang and Vancouver.
    (c) RVSM in the West Atlantic Route System (WATRS). RVSM may be 
applied in the New York FIR portion of the West Atlantic Route System 
(WATRS). The area is defined as beginning at a point 38[deg]30[min] N/
60[deg]00[min]W direct to 38[deg]30[min]N/69[deg]15[min] W direct to 
38[deg]20[min] N/69[deg]57[min] W direct to 37[deg]31[min] N/
71[deg]41[min] W direct to 37[deg]13[min] N/72[deg]40[min] W direct to 
35[deg]05[min] N/72[deg]40[min] W direct to 34[deg]54[min] N/
72[deg]57[min] W direct to 34[deg]29[min] N/73[deg]34[min] W direct to 
34[deg]33[min] N/73[deg]41[min] W direct to 34[deg]19[min] N/
74[deg]02[min] W direct to 34[deg]14[min] N/73[deg]57[min] W direct to 
32[deg]12[min] N/76[deg]49[min] W direct to 32[deg]20[min] N/
77[deg]00[min] W direct to 28[deg]08[min] N/77[deg]00[min] W direct to 
27[deg]50[min] N/76[deg]32[min] W direct to 27[deg]50[min] N/
74[deg]50[min] W direct to 25[deg]00[min] N/73[deg]21[min] W direct to 
25[deg]00[min]05[min] N/69[deg]13[min]06[min] W direct to 25[deg]00[min] 
N/69[deg]07[min] W direct to 23[deg]30[min] N/68[deg]40[min] W direct to 
23[deg]30[min] N/60[deg]00[min] W to the point of beginning.
    (d) RVSM in the United States. RVSM may be applied in the airspace 
of the 48 contiguous states, District of Columbia, and Alaska, including 
that airspace overlying the waters within 12 nautical miles of the 
coast.
    (e) RVSM in the gulf of Mexico. RVSM may be applied in the Gulf of 
Mexico in the following areas: Gulf of Mexico High Offshore Airspace, 
Houston Oceanic ICAO FIR and Miami Oceanic ICAO FIR.
    (f) RVSM in Atlantic High Offshore Airspace and the San Juan FIR. 
RVSM may be applied in Atlantic High Offshore Airspace and in the San 
Juan ICAO FIR.

[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as amended by Amdt. 91-261, 
65 FR 5942, Feb. 7, 2000; Amdt. 91-271, 66 FR 63895, Dec. 10, 2001; 
Amdt. 91-274, 68 FR 54584, Sept. 17, 2003; Amdt. 91-276, 68 FR 70133, 
Dec. 17, 2003]



PART 93_SPECIAL AIR TRAFFIC RULES--Table of Contents




Special Federal Aviation Regulation 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 Terminal 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.
93.68 General rules: Seward Highway segment.
93.69 Special requirements, Lake Campbell and Sixmile Lake Airports.

Subpart E_Flight Restrictions in the Vicinity of Niagara Falls, New York

93.71 General operating procedures.

              Subpart F_Valparaiso, Florida, Terminal Area

93.80 Applicability.
93.81 Applicability and description of area.
93.83 Aircraft operations.

     Subpart G_Special Flight Rules in the Vicinity of Los Angeles 
                          International Airport

93.91 Applicability.
93.93 Description of area.
93.95 General operating procedures.
93.97 Operations in the SFRA.

Subparts H-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.

[[Page 329]]

Subpart L [Reserved]

         Subpart M_Ketchikan International Airport Traffic Rule

93.151 Applicability.
93.152 Description of area.
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.
93.218 Slots for transborder service to and from Canada.
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_Ronald Reagan 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.
93.315 Requirements for commercial Special Flight Rules Area operations.
93.316 [Reserved]
93.317 Commercial Special Flight Rules Area operation curfew.
93.319 Commercial air tour limitations.
93.321 Transfer and termination of allocations.
93.323 Flight plans.
93.325 Quarterly reporting.

Appendix to Subpart U--Special Flight Rules in the Vicinity of the Grand 
          Canyon National Park, AZ

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.

               Special Federal Aviation Regulation No. 60

    Editorial Note: For the text of SFAR No. 60, see part 91 of this 
chapter.



                            Subpart A_General



Sec. 93.1  Applicability.

    This part prescribes special air traffic rules for operating 
aircraft in certain areas described in this part, unless otherwise 
authorized by air traffic control.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]

Subparts B-C [Reserved]



               Subpart D_Anchorage, Alaska, Terminal Area

    Source: Docket No. 29029, 64 FR 14976, Mar. 29, 1999, unless 
otherwise noted.



Sec. 93.51  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
operating in the Anchorage, Alaska, Terminal Area.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



Sec. 93.53  Description of area.

    The Anchorage, Alaska, Terminal Area is designated as that airspace 
extending upward from the surface to the upper limit of each of the 
segments described in Sec. 93.55. It is bounded by a line beginning at 
Point MacKenzie, extending westerly along the bank of Knik Arm to a 
point intersecting the 350[deg] bearing from the Anchorage International 
ATCT; thence north to intercept the 5.2-mile arc centered on the 
geographical center of Anchorage, Alaska, ATCT; thence counterclockwise 
along that arc to its intersection with a line bearing 180[deg] from the 
intersection of the new Seward Highway and International Airport Road; 
thence due north to O'Malley Road; thence east along O'Malley Road to 
its intersection with Lake Otis Parkway; thence northerly along Lake 
Otis Parkway to its intersection with Abbott Road; thence east along 
Abbott Road to its intersection with Abbott

[[Page 330]]

Loop Road; thence north to its intersection with Tudor Road; thence 
easterly along Tudor Road to its intersection with Muldoon Road; thence 
northerly along Muldoon Road to the intersection of the Glenn Highway; 
thence north and east along the Glenn Highway to Ski Bowl Road; thence 
southeast along the Ski Bowl Road to a point one-half mile south of the 
Glenn Highway; thence north and east one-half mile south of and parallel 
to the Glenn Highway to its intersection with a line one-half mile east 
of and parallel to the Bryant Airport Runway 16/34 extended centerline; 
thence northeast along a line one-half mile east of and parallel to 
Bryant Airport Runway 16/34 extended centerline to lat. 
61[deg]17[min]13[sec]N., long. 149[deg]37[min]35[sec]W.; thence west 
along lat. 61[deg]17[min]13[sec]N., to long. 149[deg]43[min]08[sec]W.; 
thence north along long. 149[deg]43[min]08[sec]W., to lat. 
61[deg]17[min]30[sec]N.; thence to lat. 61[deg]17[min]58[sec]N., long 
149[deg]44[min]08[sec]W.; thence to lat. 61[deg]19[min]10[sec]N., long. 
149[deg]46[min]44[sec]W.; thence north along long. 
149[deg]46[min]44[sec]W., to intercept the 4.7-mile radius arc centered 
on Elmendorf Air Force Base (AFB), Alaska; thence counterclockwise along 
the 4.7-mile radius 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.

[Doc. No. 29029, 64 FR 14976, Mar. 29, 1999; Amdt. 93-77, 64 FR 17439, 
Apr. 9, 1999]



Sec. 93.55  Subdivision of Terminal Area.

    The Anchorage, Alaska, Terminal Area is subdivided as follows:
    (a) International segment. That area from the surface to and 
including 4,100 feet MSL, within a 5.2-mile radius of the Anchorage 
International ATCT; excluding that airspace east of the 350[deg] bearing 
from the Anchorage International ATCT and north of the 090[deg] bearing 
from the Anchorage International ATCT and east of a line bearing 
180[deg] and 360[deg] from the intersection of the new Seward Highway 
and International Airport Road and the airspace extending upward from 
the surface to but not including 600 feet MSL, south of lat. 
61[deg]08[min]28[sec]N.
    (b) Merrill segment. That area from the surface to and including 
2,500 feet MSL, within a line beginning at Point Noname; thence direct 
to the mouth of Ship Creek; thence direct to the intersection of the 
Glenn Highway and Muldoon Road; thence south along Muldoon Road to Tudor 
Road; thence west along Tudor Road to the new Seward Highway; thence 
direct to West Anchorage High School; thence direct to Point MacKenzie; 
thence via the north bank of Knik Arm to the point of beginning.
    (c) Lake Hood segment. That area from the surface to and including 
2,500 feet MSL, within a line beginning at Point MacKenzie; thence 
direct to West Anchorage High School; thence direct to the intersection 
of Tudor Road and the new Seward Highway; thence south along the new 
Seward Highway to the 090[deg] bearing from the Anchorage International 
ATCT; thence west direct to the Anchorage International ATCT; thence 
north along the 350[deg] bearing from the Anchorage International ATCT 
to the north bank of Knik arm; thence via the north bank of Knik Arm to 
the point of beginning.
    (d) Elmendorf segment. That area from the surface to and including 
3,000 feet MSL, within a line beginning at Point Noname; thence via the 
north bank of Knik Arm to the intersection of the 4.7-mile radius of 
Elmendorf AFB; thence clockwise along the 4.7-mile radius of Elmendorf 
AFB to long. 149[deg]46[min]44[sec]W.; thence south along long. 
149[deg]46[min]44[sec]W. to lat. 61[deg]19[min]10[sec]N.; thence to lat. 
61[deg]17[min]58[sec]N., long. 149[deg]44[min]08[sec]W.; thence to lat. 
61[deg]17[min]30[sec]N., long. 149[deg]43[min]08[sec]W.; thence south 
along long. 149[deg]43[min]08[sec]W. to the Glenn Highway; thence south 
and west along the Glenn Highway to Muldoon Road; thence direct to the 
mouth of Ship Creek; thence direct to the point of beginning.
    (e) Bryant segment. That area from the surface to and including 
2,000 feet MSL, within a line beginning at lat. 61[deg]17[min]13[sec]N., 
long. 149[deg]37[min]35[sec]W.; thence west along lat. 
61[deg]17[min]13[sec]N., to long. 149[deg]43[min]08[sec]W.; thence south 
along long. 149[deg]43[min]08[sec]W., to the Glenn Highway; thence north 
and east along the Glenn Highway to Ski Bowl Road; thence southeast 
along the Ski Bowl Road to a point one-half mile south of the Glenn 
Highway; thence north and east one-half mile south of and parallel to 
the Glenn Highway to its intersection with a line one-half mile east of 
and

[[Page 331]]

parallel to the Bryant Airport Runway 16/34 extended centerline; thence 
northeast along a line one-half mile east of and parallel to Bryant 
Airport runway 16/34 extended centerline to the point of beginning.
    (f) Seward Highway segment. That area from the surface to and 
including 4,100 feet MSL, within a line beginning at the intersection of 
a line bearing 180[deg] from the intersection of the new Seward Highway 
and International Airport Road, and O'Malley Road; thence east along 
O'Malley Road to its intersection with Lake Otis Park Way, lat. 
61[deg]07[min]23[sec]N., long 149[deg]50[min]03[sec]W.; thence northerly 
along Lake Otis Park Way to its intersection with Abbott Road, lat. 
61[deg]08[min]14[sec]N., long. 149[deg]50[min]03[sec]W.; thence east 
along Abbott Road to its intersection with Abbott Loop Road, lat. 
61[deg]08[min]14[sec]N., long. 149[deg]48[min]16[sec]W.; thence due 
north to intersect with Tudor Road, lat. 61[deg]10[min]51[sec]N., long. 
149[deg]48[min]16[sec]W.; thence west along Tudor Road to its 
intersection with the new Seward Highway, lat. 61[deg]10[min]51[sec]N., 
long. 149[deg]51[min]38[sec]W.; thence south along the new Seward 
Highway to its intersection with a line bearing 180[deg] and 360[deg] 
from the intersection of the new Seward Highway and International 
Airport Road; thence south to the point of beginning.

[Doc. No. 29029, 64 FR 14976, Mar. 29, 1999; Amdt. 93-77, 64 FR 17439, 
Apr. 9, 1999]



Sec. 93.57  General rules: All segments.

    (a) Each person operating an aircraft to, from, or on an airport 
within the Anchorage, Alaska, Terminal Area shall operate that aircraft 
according to the rules set forth in this section and Sec. Sec. 93.59, 
93.61, 93.63, 93.65, 93.67, or 93.68 as applicable, unless otherwise 
authorized or required by ATC.
    (b) Each person operating an airplane within the Anchorage, Alaska 
Terminal Area shall conform to the flow of traffic depicted on the 
appropriate aeronautical charts.
    (c) Each person operating a helicopter shall operate it in a manner 
so as to avoid the flow of airplanes.
    (d) Except as provided in Sec. 93.65 (d) and (e), and Sec. 
93.67(b), each person operating an aircraft in the Anchorage, Alaska, 
Terminal Area shall operate that aircraft only within the designated 
segment containing the arrival or departure airport.
    (e) Except as provided in Sec. Sec. 93.63(d) and 93.67(b), each 
person operating an aircraft in the Anchorage, Alaska, Terminal Area 
shall maintain two-way radio communications with the ATCT serving the 
segment containing the arrival or departure airport.



Sec. 93.59  General rules: International segment.

    (a) No person may operate an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane at a speed of more than 105 
knots within this segment (except that part described in paragraph (a) 
of this section) shall operate that airplane at an altitude of at least 
1,600 feet MSL until maneuvering for a safe landing requires further 
descent.
    (c) Each person operating an airplane at a speed of 105 knots or 
less within this segment (except that part described in paragraph (a) of 
this section) shall operate that airplane at an altitude of at least 900 
feet MSL until maneuvering for a safe landing requires further descent.



Sec. 93.61  General rules: Lake Hood segment.

    (a) No person may operate an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane within this segment (except 
that part described in paragraph (a) of this section) shall operate that 
airplane at an altitude of at least 600 feet MSL until maneuvering for a 
safe landing requires further descent.



Sec. 93.63  General rules: Merrill segment.

    (a) No person may operate an aircraft at an altitude between 600 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane at a speed of more than 105 
knots within this segment (except for that part

[[Page 332]]

described in paragraph (a) of this section) shall operate that airplane 
at an altitude of at least 1,200 feet MSL until maneuvering for a safe 
landing requires further descent.
    (c) Each person operating an airplane at a speed of 105 knots or 
less within this segment (except for that part described in paragraph 
(a) of this section) shall operate that airplane at an altitude of at 
least 900 feet MSL until maneuvering for a safe landing requires further 
descent.
    (d) Whenever the Merrill ATCT is not operating, each person 
operating an aircraft either in that portion of the Merrill segment 
north of midchannel of Knik Arm, or in the Seward Highway segment at or 
below 1200 feet MSL, shall contact Anchorage Approach Control for wake 
turbulence and other advisories. Aircraft operating within the remainder 
of the segment should self-announce intentions on the Merrill Field 
CTAF.



Sec. 93.65  General rules: Elmendorf segment.

    (a) Each person operating a turbine-powered aircraft within this 
segment shall operate that aircraft at an altitude of at least 1,700 
feet MSL until maneuvering for a safe landing requires further descent.
    (b) Each person operating an airplane (other than turbine-powered 
aircraft) at a speed of more than 105 knots within this segment shall 
operate that airplane at an altitude of at least 1,200 feet MSL until 
maneuvering for a safe landing requires further descent.
    (c) Each person operating an airplane (other than turbine-powered 
aircraft) at a speed of 105 knots or less within the segment shall 
operate that airplane at an altitude of at least 800 feet MSL until 
maneuvering for a safe landing requires further descent.
    (d) A person landing or departing from Elmendorf AFB, may operate 
that aircraft at an altitude between 1,500 feet MSL and 1,700 feet MSL 
within that portion of the International and Lake Hood segments lying 
north of the midchannel of Knik Arm.
    (e) A person landing or departing from Elmendorf AFB, may operate 
that aircraft at an altitude between 900 feet MSL and 1,700 feet MSL 
within that portion of the Merrill segment lying north of the midchannel 
of Knik Arm.
    (f) A person operating in VFR conditions, at or below 600 feet MSL, 
north of a line beginning at the intersection of Farrell Road and the 
long. 149[deg]43[min]08[sec]W.; thence west along Farrell Road to the 
east end of Sixmile Lake; thence west along a line bearing on the middle 
of Lake Lorraine to the northwest bank of Knik Arm; is not required to 
establish two-way radio communications with ATC.

[Doc. No. 29029, 64 FR 14977, Mar. 29, 1999; Amdt. 93-77, 64 FR 17439, 
Apr. 9, 1999]



Sec. 93.67  General rules: Bryant segment.

    (a) Each person operating an airplane to or from the Bryant Airport 
shall conform to the flow of traffic shown on the appropriate 
aeronautical charts, and while in the traffic pattern, shall operate 
that airplane at an altitude of at least 1,000 feet MSL until 
maneuvering for a safe landing requires further descent.
    (b) Each person operating an aircraft within the Bryant segment 
should self-announce intentions on the Bryant Airport CTAF.



Sec. 93.68  General rules: Seward Highway segment.

    (a) Each person operating an airplane in the Seward Highway segment 
shall operate that airplane at an altitude of at least 1,000 feet MSL 
unless maneuvering for a safe landing requires further descent.
    (b) Each person operating an aircraft at or below 1,200 feet MSL 
that will transition to or from the Lake Hood or Merrill segment shall 
contact the appropriate ATCT prior to entering the Seward Highway 
segment. All other persons operating an airplane at or below 1,200 feet 
MSL in this segment shall contact Anchorage Approach Control.
    (c) At all times, each person operating an aircraft above 1,200 MSL 
shall contact Anchorage Approach Control prior to entering the Seward 
Highway segment.

[[Page 333]]



Sec. 93.69  Special requirements, Lake Campbell and Sixmile Lake Airports.

    Each person operating an aircraft to or from Lake Campbell or 
Sixmile Lake Airport shall conform to the flow of traffic for the Lake 
operations that are depicted on the appropriate aeronautical charts.



Subpart E_Flight Restrictions in the Vicinity of Niagara Falls, New York



Sec. 93.71  General operating procedures.

    (a) Flight restrictions are in effect below 3,500 feet MSL in the 
airspace above Niagara Falls, New York, west of a line from latitude 
43[deg]06[min]33[sec] N., longitude 79[deg]03[min]30[sec] W. (the 
Whirlpool Rapids Bridge) to latitude 43[deg]04[min]47[sec] N., longitude 
79[deg]02[min]44[sec] W. (the Niagara River Inlet) to latitude 
43[deg]04[min]29[sec] N., longitude 79[deg]03[min]30[sec] W. (the 
International Control Dam) to the United States/Canadian Border and 
thence along the border to the point of origin.
    (b) No flight is authorized below 3,500 feet MSL in the area 
described in paragraph (a) of this section, except for aircraft 
operations conducted directly to or from an airport/heliport within the 
area, aircraft operating on an ATC-approved IFR flight plan, aircraft 
operating the Scenic Falls Route pursuant to approval of Transport 
Canada, aircraft carrying law enforcement officials, or aircraft 
carrying properly accredited news representatives for which a flight 
plan has been filed with Buffalo NY (BUF) Automated Flight Service 
Station (AFSS).
    (c) Check with Transport Canada for flight restrictions in Canadian 
airspace. Commercial air tour operations approved by Transport Canada 
will be conducting a north/south orbit of the Niagara Falls area below 
3,500 feet MSL over the Niagara River.
    (d) The minimum altitude for VFR flight over the Scenic Falls area 
is 3,500 feet MSL.
    (e) Comply with the following procedures when conducting flight over 
the area described in paragraph (a) of this section:
    (1) Fly a clockwise pattern;
    (2) Do not proceed north of the Rainbow Bridge;
    (3) Prior to joining the pattern, broadcast flight intentions on 
frequency 122.05 Mhz, giving altitude and position, and monitor the 
frequency while in the pattern;
    (4) Use the Niagara Falls airport altimeter setting. Contact Niagara 
Falls Airport Traffic Control Tower to obtain the current altimeter 
setting, to facilitate the exchange of traffic advisories/restrictions, 
and to reduce the risk of midair collisions between aircraft operating 
in the vicinity of the Falls. If the Control Tower is closed, use the 
appropriate Automatic Terminal Information Service (ATIS) Frequency;
    (5) Do not exceed 130 knots;
    (6) Anticipate heavy congestion of VFR traffic at or above 3,500 
feet MSL; and
    (7) Use caution to avoid high-speed civil and military aircraft 
transiting the area to or from Niagara Falls Airport.
    (f) These procedures do not relieve pilots from the requirements of 
Sec. 91.113 of this chapter to see and avoid other aircraft.
    (g) Flight following, to and from the area, is available through 
Buffalo Approach.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



              Subpart F_Valparaiso, Florida, Terminal Area



Sec. 93.80  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
operating in the Valparaiso, Florida, Terminal Area.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



Sec. 93.81  Applicability and description of area.

    The Valparaiso, Florida Terminal Area is designated as follows:
    (a) 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:


[[Page 334]]


Latitude 30[deg]42[min]51[sec] N., Longitude 86[deg]38[min]02[sec] W.; 
to
Latitude 30[deg]43[min]18[sec] N., Longitude 86[deg]27[min]37[sec] W.; 
to
Latitude 30[deg]37[min]01[sec] N., Longitude 86[deg]27[min]37[sec] W.; 
to
Latitude 30[deg]37[min]01[sec] N., Longitude 86[deg]25[min]30[sec] W.; 
to
Latitude 30[deg]33[min]01[sec] N., Longitude 86[deg]25[min]30[sec] W.; 
to
Latitude 30[deg]33[min]01[sec] N., Longitude 86[deg]25[min]00[sec] W.; 
to
Latitude 30[deg]25[min]01[sec] N., Longitude 86[deg]25[min]00[sec] W.; 
to
Latitude 30[deg]25[min]01[sec] N., Longitude 86[deg]38[min]12[sec] W.; 
to
Latitude 30[deg]29[min]02[sec] N., Longitude 86[deg]38[min]02[sec] W.; 
to point of beginning.

    (b) 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.
    (1) 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[min]47[sec] N., Longitude 
86[deg]51[min]30[sec] W.: then along the shoreline to Latitude 
30[deg]23[min]46[sec] N., Longitude 86[deg]38[min]15[sec] W.; to 
Latitude 30[deg]20[min]51[sec] N., Longitude 86[deg]38[min]50[sec] W.; 
then 3 NM from and parallel to the shoreline to Latitude 
30[deg]19[min]31[sec] N., Longitude 86[deg]51[min]30[sec] W.; to the 
beginning.
    (2) 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[min]01[sec] N., Longitude 86[deg]38[min]12[sec] W.; 
to
Latitude 30[deg]25[min]01[sec] N., Longitude 86[deg]25[min]00[sec] W.; 
to
Latitude 30[deg]25[min]01[sec] N., Longitude 86[deg]22[min]26[sec] W.; 
to
Latitude 30[deg]19[min]46[sec] N., Longitude 86[deg]23[min]45[sec] W.; 
then 3 NM from and parallel to the shoreline to Latitude 
30[deg]20[min]51[sec] N.,
Longitude 86[deg]38[min]50[sec] W.; to Latitude 30[deg]23[min]46[sec] 
N.,
Longitude 86[deg]38[min]15[sec] W.; to the beginning.

    (3) 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[min]01[sec] N., Longitude 86[deg]22[min]26[sec] W.; 
to
Latitude 30[deg]22[min]01[sec] N., Longitude 86[deg]08[min]00[sec] W.; 
to
Latitude 30[deg]19[min]16[sec] N., Longitude 85[deg]56[min]00[sec] W.; 
to
Latitude 30[deg]11[min]01[sec] N., Longitude 85[deg]56[min]00[sec] W.; 
then 3 NM from and parallel to the shoreline to Latitude 
30[deg]19[min]46[sec] N., Longitude 86[deg]23[min]45[sec] W.; to the 
beginning.

[Amdt. 93-70, 59 FR 46154, Sept. 6, 1994 as amended by Amdt. 93-82, 68 
FR 9795, Feb. 28, 2003]



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 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]



     Subpart G_Special Flight Rules in the Vicinity of Los Angeles 
                          International Airport

    Source: Doc. No. FAA-2002-14149, 68 FR 41214, July 10, 2003, unless 
otherwise noted.



Sec. 93.91  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
conducting

[[Page 335]]

VFR operations in the Los Angeles, California Special Flight Rules Area.



Sec. 93.93  Description of area.

    The Los Angeles Special Flight Rules Area is designated as that part 
of Area A of the Los Angeles Class B airspace area at 3,500 feet above 
mean sea level (MSL) and at 4,500 feet MSL, beginning at Ballona Creek/
Pacific Ocean (lat. 33[deg]57[min]42[sec] N, long. 
118[deg]27[min]23[sec] W), then eastbound along Manchester Blvd. to the 
intersection of Manchester/405 Freeway (lat. 33[deg]57[min]42[sec] N, 
long. 118[deg]22[min]10[sec] W), then southbound along the 405 Freeway 
to the intersection of the 405 Freeway/lmperial Highway (lat. 
33[deg]55[min]51[sec] N, long. 118[deg] 22[min]06[sec] W), then 
westbound along Imperial Highway to the intersection of Imperial 
Highway/Pacific Ocean (lat. 33[deg]55[min]51[sec] N, long. 
118[deg]26[min]05[sec] W), then northbound along the shoreline to the 
point of beginning.



Sec. 93.95  General operating procedures.

    Unless otherwise authorized by the Administrator, no person may 
operate an aircraft in the airspace described in Sec. 93.93 unless the 
operation is conducted in accordance with the following procedures:
    (a) The flight must be conducted under VFR and only when operation 
may be conducted in compliance with Sec. 91.155(a) of this chapter.
    (b) The aircraft must be equipped as specified in Sec. 91.215(b) of 
this chapter 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) Aircraft navigating in a southeasterly direction shall be in 
level flight at 3,500 feet MSL.
    (f) Aircraft navigating in a northwesterly direction shall be in 
level flight at 4,500 feet MSL.
    (g) Indicated airspeed shall not exceed 140 knots.
    (h) Anti-collision 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.



Sec. 93.97  Operations in the SFRA.

    Notwithstanding the provisions of Sec. 91.131(a) of this chapter, 
an air traffic control authorization is not required in the Los Angeles 
Special Flight Rules Area for operations in compliance with Sec. 93.95. 
All other provisions of Sec. 91.131 of this chapter apply to operations 
in the Los Angeles Special Flight Rules Area.

Subparts H-I [Reserved]



          Subpart J_Lorain County Regional Airport Traffic Rule



Sec. 93.117  Applicability.

    This subpart prescribes a special air traffic rule for aircraft 
operating at the Lorain County Regional Airport, Lorain County, Ohio.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



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 take off.

[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

[[Page 336]]

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
------------------------------------------------------------------------
                                                                 Ronald
                              LaGuardia               O'Hare     Reagan
        Class of user          \4\, \5\    Newark   \2\, \3\,   National
                                                       \5\        \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.
\5\ Pursuant to bilateral agreement, 14 slots at LaGuardia and 24 slots
  at O'Hare are allocated to the Canadian carriers. These slots are
  excluded from the hourly quotas set forth in Sec. 93.123 above.

    (b) The following exceptions apply to the allocations of 
reservations prescribed in paragraph (a) Of this section.
    (1) The allocations of resevations among the several classes of 
users do not apply from 12 midnight to 6 a.m. local time, but the totala 
hourly limitation remains applicable.
    (2) [Reserved]
    (3) The allocation of 37 IFR reservations per hour for air carriers 
except commuters at Washington National Airport does not include charter 
flights, or other nonscheduled flights of scheduled or supplemental air 
carriers. These flights may be conducted without regard to the 
limitation of 37 IFR reservations per hour.
    (4) The allocation of IFR reservations for air carriers except 
commuters at LaGuardia, Newark, O'Hare, and Washington National Airports 
does not include extra sections of scheduled flights. The allocation of 
IFR reservations for scheduled commuters at Washington National Airport 
does not include extra sections of scheduled flights. These flights may 
be conducted without regard to the limitation upon the hourly IFR 
reservations at those airports.
    (5) Any reservation allocated to, but not taken by, air carrier 
operations (except commuters) is available for a scheduled commuter 
operation.
    (6) Any reservation allocated to, but not taken by, air carrier 
operations (except commuters) or scheduled commuter operations is 
available for other operations.
    (c) For purposes of this subpart--
    (1) The number of operations allocated to air carriers except 
commuters, as used in paragraph (a) of this section refers to the number 
of operations conducted by air carriers with turboprop and reciprocating 
engine aircraft having a certificated maximum passenger seating capacity 
of 75 or more or with turbojet powered aircraft having a certificated 
maximum passenger seating capacity of 56 or more, or, if used for cargo 
service in air transportation, with any aircraft having a maximum 
payload capacity of 18,000 pounds or more.
    (2) The number of operations allocated to scheduled commuters, as 
used in paragraph (a) of this section, refers to the number of 
operations conducted by air carriers with turboprop and reciprocating 
engine aircraft having a certificated maximum passenger seating capacity 
of less than 75 or by turbojet aircraft having a certificated maximum 
passenger seating capacity of less than 56, or, if used for cargo 
service in air transportation, with any aircraft having a maximum 
payload capacity of less than 18,000 pounds.
    (3) Notwithstanding the provisions of paragraph (c)(2) of this 
section, a limited number of operations allocated for

[[Page 337]]

``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; Amdt. 93-78, 64 FR 53564, 
Oct. 1, 1999]



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 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 Sec. Sec. 
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, 49 FR 8244, Mar. 6, 1984]

Subpart L [Reserved]

[[Page 338]]



         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 a special air traffic rule for aircraft 
conducting VFR operations in the vicinity of the Ketchikan International 
Airport or Ketchikan Harbor, Alaska.

[Doc. No. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



Sec. 93.152  Description of area.

    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. FAA-2002-13235, 68 FR 9795, Feb. 28, 2003]



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.
    (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.

[[Page 339]]

    (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 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]

[[Page 340]]



Sec. 93.217  Allocation of slots for international operations and 
applicable limitations.

    (a) Any air carrier of commuter operator having the authority to 
conduct international operations shall be provided slots for those 
operations, excluding transborder service solely between HDR airports 
and Canada, 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 the deadline published in a Federal 
Register notice for each 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. Sec. 93.215 and 93.217(a)(5) if a request is 
submitted to the office specified in Sec. 93.221(a)(1) and filed by the 
deadline published in a Federal Register notice for each 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 
slots 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 Sec. Sec. 
93.215 and 93.217(a)(5)), if a request is submitted to the office 
specified in Sec. 93.221(a)(1) by the deadline published in a Federal 
Register notice for each 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 Sec. Sec. 
93.217(a)(6) and 93.217(a)(8) will be granted, the following will be 
taken into consideration, among other things:

[[Page 341]]

    (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 as reduced by the number of slots reclassified 
under Sec. 93.218, 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 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; Amdt. 93-78, 64 
FR 53565, Oct. 1, 1999]



Sec. 93.218  Slots for transborder service to and from Canada.

    (a) Except as otherwise provided in this subpart, international 
slots identified by U.S. carriers for international operations in 
December 1985 and the equivalent number of international slots held as 
of February 24, 1998, will be domestic slots. The Chief Counsel of the 
FAA shall be the final decisionmaker for these determinations.
    (b) Canadian carriers shall have a guaranteed base level of slots of 
42 slots at LaGuardia, 36 slots at O'Hare for the Sumner season, and 32 
slots at O'Hare in the Winter season.
    (c) Any modification to the slot base by the Government of Canada or 
the Canadian carriers that results in a decrease of the guaranteed base 
in paragraph (b) of this section shall permanently modify the base 
number of slots.

[Doc. No. FAA-1999-4971, 64 FR 53565, Oct. 1, 1999]



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

[[Page 342]]

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 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

[[Page 343]]

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 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

[[Page 344]]

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.
    (4) No slot comprising the guaranteed base of slots, as defined in 
section 93.318(b), shall be withdrawn for use for international 
operations or for new entrants.
    (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; Amdt. 93-78, 64 FR 53565, Oct. 
1, 1999]



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.
    (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

[[Page 345]]

operator operating at the airport and providing scheduled passenger 
service at the airport, as well as where provided for by bilateral 
agreement. Any U.S. carrier, or foreign air carrier where provided for 
by bilateral agreement, 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; 
Amdt. 93-78, 64 FR 53565, Oct. 1, 1999]



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 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]

[[Page 346]]



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 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

[[Page 347]]

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_Ronald Reagan Washington National Airport Traffic Rules

    Source: Docket No. 25143, 51 FR 43587, Dec. 3, 1986; Admt. 93-82, 68 
FR 9795, Feb. 28, 2003, unless otherwise noted.



Sec. 93.251  Applicability.

    This subpart prescribes rules applicable to the operation of 
aircraft to or from Ronald Reagan Washington National Airport.



Sec. 93.253  Nonstop operations.

    No person may operate an aircraft nonstop in air transportation 
between Ronald Reagan Washington National Airport and another airport 
that is more than 1,250 miles away from Ronald Reagan 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.



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 to but not including 18,000 feet MSL within an area 
bounded by a line beginning at Lat. 35[deg]55[min]12[sec] N., Long. 
112[deg]04[min]05[sec] W.; east to Lat. 35[deg]55[min]30[sec] N., Long. 
111[deg]45[min]00[sec] W.; to Lat. 35[deg]59[min]02[sec] N., Long. 
111[deg]36[min]03[sec] W.; north to Lat. 36[deg]15[min]30[sec] N., Long. 
111[deg]36[min]06[sec] W.; to Lat. 36[deg]24[min]49[sec] N., Long. 
111[deg]47[min]45[sec] W.; to Lat. 36[deg]52[min]23[sec] N., Long. 
111[deg]33[min]10[sec] W.; west-northwest to Lat. 36[deg]53[min]37[sec] 
N., Long. 111[deg]38[min]29[sec] W.; southwest to Lat. 
36[deg]35[min]02[sec] N., Long. 111[deg]53[min]28[sec] W.; to Lat. 
36[deg]21[min]30[sec] N., Long. 112[deg]00[min]03[sec] W.; west-
northwest to Lat. 36[deg]30[min]30[sec] N., Long. 112[deg]35[min]59[sec] 
W.; southwest to Lat. 36[deg]24[min]46[sec] N., Long. 
112[deg]51[min]10[sec] W., thence west along the boundary of Grand 
Canyon National Park (GCNP) to Lat. 36[deg]14[min]08[sec] N., Long. 
113[deg]10[min]07[sec] W.; west-southwest to Lat. 36[deg]09[min]30[sec] 
N., Long. 114[deg]03[min]03[sec] W.; southeast to Lat. 
36[deg]05[min]11[sec] N., Long. 113[deg]58[min]46[sec] W.; thence south 
along the boundary of GCNP to Lat. 35[deg]58[min]23[sec] N., Long. 
113[deg]54[min]14[sec] W.; north to Lat. 36[deg]00[min]10[sec] N., Long. 
113[deg]53[min]48[sec] W.; northeast to Lat. 36[deg]02[min]14[sec] N., 
Long. 113[deg]50[min]16[sec] W.; to Lat. 36[deg]02[min]17[sec] N., Long. 
113[deg]53[min]48[sec] W.; northeast to Lat. 36[deg]02[min]14[sec] N., 
Long. 113[deg]50[min]16[sec] W.; to Lat. 36[deg]02[min]17[sec] N., Long. 
113[deg]49[min]11[sec] W.;

[[Page 348]]

southeast to Lat. 36[deg]01[min]22[sec] N., Long. 113[deg]48[min]21[sec] 
W.; to Lat. 35[deg]59[min]15[sec] N., Long. 113[deg]47[min]13[sec] W.; 
to Lat. 35[deg]57[min]51[sec] N., Long. 113[deg]46[min]01[sec] W.; to 
Lat. 35[deg]57[min]45[sec] N., Long. 113[deg]45[min]23[sec] W.; 
southwest to Lat. 35[deg]54[min]48[sec] N., Long. 113[deg]50[min]24[sec] 
W.; southeast to Lat. 35[deg]41[min]01[sec] N., Long. 
113[deg]35[min]27[sec] W.; thence clockwise via the 4.2-nautical mile 
radius of the Peach Springs VORTAC to Lat. 36[deg]38[min]53[sec] N., 
Long. 113[deg]27[min]49[sec] W.; northeast to Lat. 35[deg]42[min]58[sec] 
N., Long. 113[deg]10[min]57[sec] W.; north to Lat. 35[deg]57[min]51[sec] 
N., Long. 113[deg]11[min]06[sec] W.; east to Lat. 35[deg]57[min]44[sec] 
N., Long. 112[deg]14[min]04[sec] W.; thence clockwise via the 4.3-
nautical mile radius of the Grand Canyon National Park Airport reference 
point (Lat. 35[deg]57[min]08[sec] N., Long. 112[deg]08[min]49[sec] W.) 
to the point of origin.

[Doc. No. 5926, 65 FR 17742, Apr. 4, 2000]



Sec. 93.303  Definitions.

    For the purposes of this subpart:
    Allocation means authorization to conduct a commercial air tour in 
the Grand Canyon National Park (GCNP) Special Flight Rules Area (SFRA).
    Commercial air tour means any flight conducted for compensation or 
hire in a powered aircraft where a purpose of the flight is sightseeing. 
If the operator of a flight asserts that the flight is not a commercial 
air tour, factors that can be considered by the Administrator in making 
a determination of whether the flight is a commercial air tour include, 
but are not limited to--
    (1) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (2) Whether a narrative was provided that referred to areas or 
points of interest on the surface;
    (3) The area of operation;
    (4) The frequency of flights;
    (5) The route of flight;
    (6) The inclusion of sightseeing flights as part of any travel 
arrangement package; or
    (7) Whether the flight in question would or would not have been 
canceled based on poor visibility of the surface.
    Commercial Special Flight Rules Area Operation means any portion of 
any flight within the Grand Canyon National Park Special Flight Rules 
Area that is conducted by a certificate holder that has operations 
specifications authorizing flights within the Grand Canyon National Park 
Special Flight Rules Area. This term does not include operations 
conducted under an FAA Form 7711-1, Certificate of Waiver or 
Authorization. The types of flights covered by this definition are set 
forth in the ``Las Vegas Flight Standards District Office Grand Canyon 
National Park Special Flight Rules Area Procedures Manual'' which is 
available from the Las Vegas Flight Standards District Office.
    Flight Standards District Office means the FAA Flight Standards 
District Office with jurisdiction for the geographical area containing 
the Grand Canyon.
    Park means Grand Canyon National Park.
    Special Flight Rules Area means the Grand Canyon National Park 
Special Flight Rules Area.

[65 FR 17732, Apr. 4, 2000]



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[min]58[sec] N., Long. 
111[deg]52[min]47[sec] W.; thence east to Lat. 36[deg]00[min]00[sec] N., 
Long. 111[deg]51[min]04[sec] W.; thence north to 36[deg]00[min]24[sec] 
N., Long. 111[deg]51[min]04[sec] W.; thence east to 
36[deg]00[min]24[sec] N., Long. 111[deg]45[min]44[sec] W.; thence north 
along the GCNP boundary to Lat. 36[deg]14[min]05[sec] N., Long. 
111[deg]48[min]34[sec] W.; thence southwest to Lat. 
36[deg]12[min]06[sec] N., Long. 111[deg]51[min]14[sec] 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 air tour flights and 4 nautical miles wide for 
transient and general aviation operations.

[[Page 349]]

    (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[min]39[sec] N., Long. 
111[deg]55[min]43[sec] W.; north to Lat. 36[deg]12[min]41[sec] N., Long. 
111[deg]53[min]54[sec] W.; northwest to Lat. 36[deg]18[min]18[sec] N., 
Long. 111[deg]58[min]15[sec] W.; thence west along the GCNP boundary to 
Lat. 36[deg]20[min]11[sec] N., Long. 112[deg]06[min]25[sec] W.; south-
southwest to Lat. 36[deg]09[min]31[sec] N., Long. 112[deg]11[min]15[sec] 
W.; to Lat. 36[deg]04[min]16[sec] N., Long. 112[deg]17[min]20[sec] W.; 
thence southeast along the GCNP boundary to Lat. 36[deg]01[min]54[sec] 
N., Long. 112[deg]11[min]24[sec] W.; thence clockwise via the 4.3-
nautical mile radius of the Grand Canyon National Park Airport reference 
point (Lat. 35[deg]57[min]08[sec] N., Long. 112[deg]08[min]49[sec] W.) 
to Lat. 35[deg]59[min]37[sec] N., Long. 112[deg]04[min]29[sec] 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 ``Dragon Corridor.'' This corridor is 2 
nautical miles wide for commercial air tour flights and 4 nautical miles 
wide for transient and general aviation operations. The Bright Angel 
Flight-free Zone does not include the following airspace designated as 
the Bright Angel Corridor: That airspace one-half nautical mile on 
either side of a line extending from Lat. 36[deg]14[min]57[sec] N., 
Long. 112[deg]08[min]45[sec] W. and Lat. 36[deg]15[min]01[sec] N., Long. 
111[deg]55[min]39[sec] W.
    (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[min]44[sec] N., Long. 
112[deg]19[min]27[sec] W.; north-northeast to Lat. 36[deg]10[min]49[sec] 
N., Long. 112[deg]13[min]19[sec] W.; to Lat. 36[deg]21[min]02[sec] N., 
Long. 112[deg]08[min]47[sec] W.; thence west and south along the GCNP 
boundary to Lat 36[deg]10[min]58[sec] N., Long. 113[deg]08[min]35[sec] 
W.; south to Lat. 36[deg]10[min]12[sec] N., Long. 113[deg]08[min]34[sec] 
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[min]42[sec] N., 
Long. 112[deg]48[min]47[sec] W. and Lat. 36[deg]14[min]17[sec] N., Long. 
112[deg]48[min]31[sec] W. The airspace designated as the ``Fossil Canyon 
Corridor'' is also excluded from the Toroweap/Shinumo Flight-free Zone 
at or above 10,500 feet MSL within 2 nautical miles either side of a 
line extending between Lat. 36[deg]16[min]26[sec] N., Long. 
112[deg]34[min]35[sec] W. and Lat. 36[deg]22[min]51[sec] N., Long. 
112[deg]18[min]18[sec] W. The Fossil Canyon Corridor is to be used for 
transient and general aviation operations only.
    (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. 35[deg]59[min]32[sec] N., Long. 113[deg]20[min]28[sec] 
W.; west to Lat. 36[deg]00[min]55[sec] N., Long. 113[deg]42[min]09[sec] 
W.; southeast to Lat. 35[deg]59[min]57[sec] N., Long. 
113[deg]41[min]09[sec] W.; to Lat. 35[deg]59[min]09[sec] N., Long. 
113[deg]40[min]53[sec] W.; to Lat. 35[deg]58[min]45[sec] N., Long. 
113[deg]40[min]15[sec] W.; to Lat. 35[deg]57[min]52[sec] N., Long. 
113[deg]39[min]34[sec] W.; to Lat. 35[deg]56[min]44[sec] N., Long. 
113[deg]39[min]07[sec] W.; to Lat. 35[deg]56[min]04[sec] N., Long. 
113[deg]39[min]20[sec] W.; to Lat. 35[deg]55[min]02[sec] N., Long. 
113[deg]40[min]43[sec] W.; to Lat. 35[deg]54[min]47[sec] N., Long. 
113[deg]40[min]51[sec] W.; southeast to Lat. 35[deg]50[min]16[sec] N., 
Long. 113[deg]37[min]13[sec] W.; thence along the park boundary to the 
point of origin.

[Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as amended by Amdt. 93-80, 
65 FR 17742, Apr. 4, 2000]

    Effective Date Note: By Doc. No. FAA-2001-8690, 68 FR 9498, Feb. 27, 
2003, Sec. 93.305 was amended by staying paragraphs (a) and (b), 
effective Feb. 20, 2003, until Feb. 20, 2006.



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 air tours--(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.

[[Page 350]]

    (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 air tours --(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.
    (iv) Fossil Canyon Corridor. 10,500 feet

[Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as amended by Amdt. 93-80, 
65 FR 17742, 17743, Apr. 4, 2000]



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, Tuckup, and Fossil 
Canyon 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.
    (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, Marble Canyon 
Airstrip, or Tuweep 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.

[Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as amended by Amdt. 93-80, 
65 FR 17742, 17743, Apr. 4, 2000]



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.

[[Page 351]]



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  Requirements for commercial Special Flight Rules Area 
operations.

    Each person conducting commercial Special Flight Rules Area 
operations must be certificated in accordance with Part 119 for Part 135 
or 121 operations and hold appropriate Grand Canyon National Park 
Special Flight Rules Area operations specifications.

[65 FR 17732, Apr. 4, 2000]



Sec. 93.316  [Reserved]



Sec. 93.317  Commercial Special Flight Rules Area operation curfew.

    Unless otherwise authorized by the Flight Standards District Office, 
no person may conduct a commercial Special Flight Rules Area operation 
in the Dragon and Zuni Point corridors during the following flight-free 
periods:
    (a) Summer season (May 1-September 30)-6 p.m. to 8 a.m. daily; and
    (b) Winter season (October 1-April 30)-5 p.m. to 9 a.m. daily.

[65 FR 17732, Apr. 4, 2000]



Sec. 93.319   Commercial air tour limitations.

    (a) Unless excepted under paragraph (f) or (g) of this section, no 
certificate holder certificated in accordance with part 119 for part 121 
or 135 operations may conduct more commercial air tours in the Grand 
Canyon National Park in any calendar year than the number of allocations 
specified on the certificate holder's operations specifications.
    (b) The Administrator determines the number of initial allocations 
for each certificate holder based on the total number of commercial air 
tours conducted by the certificate holder and reported to the FAA during 
the period beginning on May 1, 1997 and ending on April 30, 1998, unless 
excepted under paragraph (g).
    (c) Certificate holders who conducted commercial air tours during 
the base year and reported them to the FAA receive an initial 
allocation.
    (d) A certificate holder must use one allocation for each flight 
that is a commercial air tour, unless excepted under paragraph (f) or 
(g) of this section.
    (e) Each certificate holder's operation specifications will identify 
the following information, as applicable:
    (1) Total SFRA allocations; and
    (2) Dragon corridor and Zuni Point corridor allocations.
    (f) Certificate holders satisfying the requirements of Sec. 93.315 
of this subpart are not required to use a commercial air tour allocation 
for each commercial air tour flight in the GCNP SFRA provided the 
following conditions are satisfied:
    (1) The certificate holder conducts its operations in conformance 
with the routes and airspace authorizations as specified in its Grand 
Canyon National Park Special Flight Rules Area operations 
specifications;
    (2) The certificate holder must have executed a written contract 
with the Hualapai Indian Nation which grants the certificate holder a 
trespass permit and specifies the maximum number of flights to be 
permitted to land at Grand Canyon West Airport and at other sites 
located in the vicinity of that airport and operates in compliance with 
that contract; and
    (3) The certificate holder must have a valid operations 
specification that authorizes the certificate holder to conduct the 
operations specified in the contract with the Hualapai Indian Nation and 
specifically approves the number of operations that may transit the 
Grand Canyon National Park Special Flight Rules Area under this 
exception.
    (g) Certificate holders conducting commercial air tours at or above 
14,500 feet MSL but below 18,000 feet MSL who did not receive initial 
allocations in 1999 because they were not required to report during the 
base year may operate without an allocation when conducting air tours at 
those altitudes. Certificate holders conducting commercial air tours in 
the area affected

[[Page 352]]

by the eastward shift of the SFRA who did not receive initial 
allocations in 1999 because they were not required to report during the 
base year may continue to operate on the specified routes without an 
allocation in the area bounded by longitude line 111 degrees 42 minutes 
east and longitude line 111 degrees 36 minutes east. This exception does 
not include operation in the Zuni Point corridor.

[65 FR 17732, Apr. 4, 2000]



Sec. 93.321  Transfer and termination of allocations.

    (a) Allocations are not a property interest; they are an operating 
privilege subject to absolute FAA control.
    (b) Allocations are subject to the following conditions:
    (1) The Administrator will re-authorize and re-distribute 
allocations no earlier than two years from the effective date of this 
rule.
    (2) Allocations that are held by the FAA at the time of reallocation 
may be distributed among remaining certificate holders, proportionate to 
the size of each certificate holder's allocation.
    (3) The aggregate SFRA allocations will not exceed the number of 
operations reported to the FAA for the base year beginning on May 1, 
1997 and ending on April 30, 1998, except as adjusted to incorporate 
operations occurring for the base year of April 1, 2000 and ending on 
March 31, 2001, that operate at or above 14,500 feet MSL and below 
18,000 feet MSL and operations in the area affected by the eastward 
shift of the SFRA bounded by longitude line 111 degrees 42 minutes east 
to longitude 111 degrees 36 minutes east.
    (4) Allocations may be transferred among Part 135 or Part 121 
certificate holders, subject to all of the following:
    (i) Such transactions are subject to all other applicable 
requirements of this chapter.
    (ii) Allocations authorizing commercial air tours outside the Dragon 
and Zuni Point corridors may not be transferred into the Dragon and Zuni 
Point corridors. Allocations authorizing commercial air tours within the 
Dragon and Zuni Point corridors may be transferred outside of the Dragon 
and Zuni Point corridors.
    (iii) A certificate holder must notify in writing the Las Vegas 
Flight Standards District Office within 10 calendar days of a transfer 
of allocations. This notification must identify the parties involved, 
the type of transfer (permanent or temporary) and the number of 
allocations transferred. Permanent transfers are not effective until the 
Flight Standards District Office reissues the operations specifications 
reflecting the transfer. Temporary transfers are effective upon 
notification.
    (5) An allocation will revert to the FAA upon voluntary cessation of 
commercial air tours within the SFRA for any consecutive 180-day period 
unless the certificate holder notifies the FSDO in writing, prior to the 
expiration of the 180-day time period, of the following: the reason why 
the certificate holder has not conducted any commercial air tours during 
the consecutive 180-day period; and the date the certificate holder 
intends on resuming commercial air tours operations. The FSDO will 
notify the certificate holder of any extension to the consecutive 180-
days. A certificate holder may be granted one extension.
    (6) The FAA retains the right to re-distribute, reduce, or revoke 
allocations based on:
    (i) Efficiency of airspace;
    (ii) Voluntary surrender of allocations;
    (iii) Involuntary cessation of operations; and
    (iv) Aviation safety.

[65 FR 17733, Apr. 4, 2000]



Sec. 93.323  Flight plans.

    Each certificate holder conducting a commercial SFRA operation must 
file a visual flight rules (VFR) flight plan in accordance with Sec. 
91.153. This section does not apply to operations conducted in 
accordance with Sec. 93.309(g). The flight plan must be on file with a 
FAA Flight Service Station prior to each flight. Each VFR flight plan 
must identify the purpose of the flight in the ``remarks'' section 
according to one of the types set forth in the ``Las Vegas Flight 
Standards District Office Grand Canyon National Park Special Flight 
Rules Area Procedures Manual'' which

[[Page 353]]

is available from the Las Vegas Flight Standards District Office.

[65 FR 17733, Apr. 4, 2000]



Sec. 93.325  Quarterly reporting.

    (a) Each certificate holder must submit in writing, within 30 days 
of the end of each calendar quarter, the total number of commercial SFRA 
operations conducted for that quarter. Quarterly reports must be filed 
with the Las Vegas Flight Standards District Office.
    (b) Each quarterly report must contain the following information.
    (1) Make and model of aircraft;
    (2) Identification number (registration number) for each aircraft;
    (3) Departure airport for each segment flown;
    (4) Departure date and actual Universal Coordinated Time, as 
applicable for each segment flown;
    (5) Type of operation; and
    (6) Route(s) flown.

[65 FR 17733, Apr. 4, 2000]

[[Page 354]]

 Appendix to Subpart U of Part 93--Special Flight Rules in the Vicinity 
                  of the Grand Canyon National Park, AZ
[GRAPHIC] [TIFF OMITTED] TC26SE91.001



PART 95_IFR ALTITUDES--Table of Contents




Special Federal Aviation Regulation No. 97 [Note]

                            Subpart A_General

Sec.
95.1 Applicability.
95.3 Symbols.

                 Subpart B_Designated Mountainous Areas

95.11 General.

[[Page 355]]

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).

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.



                            Subpart A_General



Sec. 95.1  Applicability.

    (a) This part prescribes altitudes governing the operation of 
aircraft under IFR on ATS routes, or other direct routes for which an 
MEA is designated in this part. In addition, it designates mountainous 
areas and changeover points.
    (b) The MAA is the highest altitude on an ATS route, or other direct 
route for which an MEA is designated, at which adequate reception of VOR 
signals is assured.
    (c) The MCA applies to the operation of an aircraft proceeding to a 
higher minimum en route altitude when crossing specified fixes.
    (d) The MEA is the minimum en route IFR altitude on an ATS route, 
ATS route segment, or other direct route. The MEA applies to the entire 
width of the ATS route, ATS route segment, or other direct route between 
fixes defining that route. Unless otherwise specified, an MEA prescribed 
for an off airway route or route segment applies to the airspace 4 
nautical miles on each side of a direct course between the navigation 
fixes defining that route or route segment.
    (e) The MOCA assures obstruction clearance on an ATS route, ATS 
route segment, or other direct route, and adequate reception of VOR 
navigation signals within 22 nautical miles of a VOR station used to 
define the route.
    (f) The MRA applies to the operation of an aircraft over an 
intersection defined by ground-based navigation aids. The MRA is the 
lowest altitude at which the intersection can be determined using the 
ground-based navigation aids.
    (g) The changeover point (COP) applies to operation of an aircraft 
along a Federal airway, jet route, or other direct route; for which an 
MEA is designated in this part. It is the point for transfer of the 
airborne navigation reference from the ground-based navigation aid 
behind the aircraft to the next appropriate ground-based navigation aid 
to ensure continuous reception of signals.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



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]



                 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.

[[Page 356]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.005

    Beginning at latitude 47[deg]10[min] N., longitude 67[deg]55[min] 
W.; thence west and south along the Canadian Border to latitude 
45[deg]00[min] N., longitude 74[deg]15[min] W.; thence to latitude 
44[deg]20[min] N., longitude 75[deg]30[min] W.; thence to latitude 
43[deg]05[min] N., longitude 75[deg]30[min] W.; thence to latitude 
42[deg]57[min] N., longitude 77[deg]30[min] W.; thence to latitude 
42[deg]52[min] N., longitude 78[deg]42[min] W.; thence to

[[Page 357]]

latitude 42[deg]26[min] N., longitude 79[deg]13[min] W.; thence to 
latitude 42[deg]05[min] N., longitude 80[deg]00[min] W.; thence to 
latitude 40[deg]50[min] N., longitude 80[deg]00[min] W.; thence to 
latitude 40[deg]26[min] N., longitude 79[deg]54[min] W.; thence to 
latitude 38[deg]25[min] N., longitude 81[deg]46[min] W.; thence to 
latitude 36[deg]00[min] N., longitude 86[deg]00[min] W.; thence to 
latitude 33[deg]37[min] N., longitude 86[deg]45[min] W.; thence to 
latitude 32[deg]30[min] N., longitude 86[deg]25[min] W.; thence to 
latitude 33[deg]22[min] N., longitude 85[deg]00[min] W.; thence to 
latitude 36[deg]35[min] N., longitude 79[deg]20[min] W.; thence to 
latitude 40[deg]11[min] N., longitude 76[deg]24[min] W.; thence to 
latitude 41[deg]24[min] N., longitude 74[deg]30[min] W.; thence to 
latitude 41[deg]43[min] N., longitude 72[deg]40[min] W.; thence to 
latitude 42[deg]13[min] N., longitude 72[deg]44[min] W.; thence to 
latitude 42[deg]13[min] N., longitude 72[deg]44[min] W.; thence to 
latitude 43[deg]12[min] N., longitude 71[deg]30[min] W.; thence to 
latitude 43[deg]45[min] N., longitude 70[deg]30[min] W.; thence to 
latitude 45[deg]00[min] N., longitude 69[deg]30[min] W.; thence to 
latitude 47[deg]10[min] N., longitude 67[deg]55[min] W., point of 
beginning.

    (b) Exceptions. The area bounded by the following coordinates:

    Beginning at latitude 45[deg]00[min] N., longitude 73[deg]26[min] 
W.; thence to latitude 44[deg]32[min] N., longitude 73[deg]04[min] W.; 
thence to latitude 42[deg]51[min] N., longitude 73[deg]41[min] W.; 
thence to latitude 41[deg]38[min] N., longitude 73[deg]46[min] W.; 
thence to latitude 41[deg]16[min] N., longitude 73[deg]50[min] W.; 
thence to latitude 41[deg]17[min] N., longitude 74[deg]00[min] W.; 
thence to latitude 41[deg]25[min] N., longitude 73[deg]58[min] W.; 
thence to latitude 41[deg]26[min] N., longitude 74[deg]01[min] W.; 
thence to latitude 41[deg]37[min] N., longitude 73[deg]58[min] W.; 
thence to latitude 42[deg]41[min] N., longitude 73[deg]55[min] W.; 
thence to latitude 43[deg]02[min] N., longitude 76[deg]15[min] W.; 
thence to latitude 43[deg]17[min] N., longitude 75[deg]21[min] W.; 
thence to latitude 42[deg]59[min] N., longitude 74[deg]43[min] W.; 
thence to latitude 42[deg]52[min] N., longitude 73[deg]53[min] W.; 
thence to latitude 44[deg]30[min] N., longitude 73[deg]18[min] W.; 
thence to latitude 45[deg]00[min] N., longitude 73[deg]39[min] W.; 
thence to latitude 45[deg]00[min] N., longitude 73[deg]26[min] 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[min] N., longitude 108[deg]00[min] 
W.; thence to latitude 46[deg]45[min] N., longitude 104[deg]00[min] W.; 
thence to latitude 44[deg]06[min] N., longitude 103[deg]15[min] W.; 
thence to latitude 43[deg]00[min] N., longitude 103[deg]15[min] W.; 
thence to latitude 41[deg]52[min] N., longitude 103[deg]39[min] W.; 
thence to latitude 35[deg]11[min] N., longitude 103[deg]39[min] W.; 
thence to latitude 33[deg]17[min] N., longitude 104[deg]27[min] W.; 
thence to latitude 32[deg]17[min] N., longitude 104[deg]14[min] W.; 
thence to latitude 29[deg]48[min] N., longitude 102[deg]00[min] W.

    (b) Exceptions.

    (1) Beginning at latitude 35[deg]25[min] N., longitude 
119[deg]09[min] W.; thence to latitude 35[deg]29[min] N., longitude 
118[deg]58[min] W.; thence to latitude 36[deg]49[min] N., longitude 
119[deg]37[min] W.; thence to latitude 38[deg]30[min] N., longitude 
121[deg]24[min] W.; thence to latitude 39[deg]30[min] N., longitude 
121[deg]32[min] W.; thence to latitude 40[deg]08[min] N., longitude 
122[deg]08[min] W.; thence to latitude 40[deg]06[min] N., longitude 
122[deg]20[min] W.; thence to latitude 39[deg]05[min] N., longitude 
122[deg]12[min] W.; thence to latitude 38[deg]01[min] N., longitude 
121[deg]51[min] W.; thence to latitude 37[deg]37[min] N., longitude 
121[deg]12[min] W.; thence to latitude 37[deg]00[min] N., longitude 
120[deg]58[min] W.; thence to latitude 36[deg]14[min] N., longitude 
120[deg]11[min] W., point of beginning.
    (2) Beginning at latitude 49[deg]00[min] N., longitude 
122[deg]21[min] W.; thence to latitude 48[deg]34[min] N., longitude 
122[deg]21[min] W.; thence to latitude 48[deg]08[min] N., longitude 
122[deg]00[min] W.; thence to latitude 47[deg]12[min] N., longitude 
122[deg]00[min] W.; thence to latitude 46[deg]59[min] N., longitude 
122[deg]13[min] W.; thence to latitude 46[deg]52[min] N., longitude 
122[deg]16[min] W.; thence to latitude 46[deg]50[min] N., longitude 
122[deg]40[min] W.; thence to latitude 46[deg]35[min] N., longitude 
122[deg]48[min] W.; thence to latitude 46[deg]35[min] N., longitude 
123[deg]17[min] W.; thence to latitude 47[deg]15[min] N., longitude 
123[deg]17[min] W.; thence to latitude 47[deg]41[min] N., longitude 
122[deg]54[min] W.; thence to latitude 48[deg]03[min] N., longitude 
122[deg]48[min] W.; thence to latitude 48[deg]17[min] N., longitude 
123[deg]15[min] W.; thence North and East along the United States and 
Canada Boundary to latitude 49[deg]00[min] N., longitude 122[deg]21[min] 
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[min] N., longitude 
147[deg]20[min] W.; thence to latitude 64[deg]50[min] N., longitude 
151[deg]22[min] W.; thence to latitude 64[deg]26[min] N., longitude 
151[deg]22[min] W.; thence to latitude 64[deg]25[min] N., longitude 
147[deg]20[min] W.; thence to latitude 64[deg]54[min] N., longitude 
147[deg]20[min] W., point of beginning.

[[Page 358]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.006

    (2) Beginning at latitude 61[deg]50[min] N., longitude 
151[deg]12[min] W.; thence to latitude 61[deg]24[min] N., longitude 
150[deg]28[min] W.; thence to latitude 59[deg]40[min] N., longitude 
152[deg]23[min] W.; thence to latitude 59[deg]33[min] N., longitude 
151[deg]28[min] W.; thence to latitude 60[deg]31[min] N., longitude 
150[deg]43[min] W.; thence to latitude 61[deg]13[min] N., longitude 
149[deg]39[min] W.; thence to latitude 61[deg]37[min] N., longitude 
149[deg]15[min] W.; thence to latitude 61[deg]44[min] N., longitude 
149[deg]48[min] W.; thence to latitude 62[deg]23[min] N., longitude 
149[deg]54[min] W.; thence to latitude 62[deg]23[min] N., longitude 
150[deg]14[min] W.; thence to latitude 61[deg]50[min] N., longitude 
151[deg]12[min] W., point of beginning.
    (3) Beginning at latitude 58[deg]56[min] N., longitude 
156[deg]58[min] W.; thence to latitude 58[deg]47[min] N., longitude 
156[deg]27[min] W.; thence to latitude 56[deg]43[min]

[[Page 359]]

N., longitude 158[deg]39[min] W.; thence to latitude 56[deg]50[min] N., 
longitude 159[deg]00[min] W.; thence along the shore line to latitude 
58[deg]56[min] N., longitude 156[deg]58[min] W., point of beginning.
    (4) Beginning at latitude 61[deg]47[min] N., longitude 
159[deg]40[min] W.; thence to latitude 61[deg]34[min] N., longitude 
159[deg]15[min] W.; thence to latitude 60[deg]32[min] N., longitude 
161[deg]42[min] W.; thence to latitude 60[deg]45[min] N., longitude 
162[deg]06[min] W.; thence to latitude 61[deg]47[min] N., longitude 
159[deg]40[min] W., point of beginning.
    (5) Beginning at a point where latitude 69[deg]30[min] intersects 
the northwest coast of Alaska and eastward along the 69[deg]30[min] 
parallel to the 150[deg] Meridian; thence northward along the 150[deg] 
Meridian to 69[deg]50[min] north latitude; thence eastward along the 
69[deg]50[min] parallel to a point where 69[deg]50[min] intersects the 
northeast coastline of Alaska; thence westward along the northern 
coastline of Alaska to the intersection of latitude 69[deg]30[min], 
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 360]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.007


[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[min] N., longitude 66[deg]58[min] 
W., thence to latitude 18[deg]19[min] N., longitude 66[deg]06[min] W.; 
thence to latitude 18[deg]20[min] N., longitude 65[deg]50[min] W.; 
thence to latitude 18[deg]20[min] N., longitude 65[deg]42[min] W.; 
thence to latitude 18[deg]03[min] N., longitude 65[deg]52[min] W.; 
thence to latitude 18[deg]02[min] N., longitude 65[deg]51[min] W.; 
thence to latitude 17[deg]59[min] N., longitude 65[deg]55[min] W.; 
thence to latitude 18[deg]05[min] N., longitude 66[deg]57[min] W.; 
thence to latitude 18[deg]11[min] N., longitude 67[deg]07[min] W.; 
thence to latitude 18[deg]22[min] N., longitude 66[deg]58[min] W.; the 
point of beginning.

[[Page 361]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.008


[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 362]]



      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 Sec. Sec. 610.11 through 610.6887 of this title and were 
transferred to part 95 as Sec. Sec. 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, which appears in the Finding Aids section of the 
printed volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, and 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 VREF, if specified, or if VREF is not 
specified, 1.3 VS0 at the maximum certificated landing 
weight. VREF, VS0, and the maximum certificated 
landing weight are those values as established for the aircraft by the 
certification 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 363]]

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 364]]

    (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; 
Amdt. 97-1333, 67 FR 70828, Nov. 26, 2002]



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 Sec. Sec. 609.100 through 609.500 of this title and 
were transferred to part 97 as Sec. Sec. 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, which appears in the Finding Aids section of 
the printed volume and on GPO Access.



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 Sec. Sec. 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, which appears in the Finding Aids section of the 
printed volume and on GPO Access.



Sec. 97.20  General.

    (a) This subpart prescribes standard instrument procedures based on 
the criteria contained in FAA Order 8260.3B, ``U.S. Standard for 
Terminal Instrument Procedures (TERPS) (July 7, 1976) and FAA Order 
8260.19C, ``Flight Procedures and Airspace'' (September 16, 1993). These 
standard instrument procedures and FAA Orders were approved for 
incorporation by reference by the Director of the Federal Register 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. They may be examined at 
the following locations:
    (1) FAA Orders 8260.3 and 8260.19 may be examined at the Federal 
Aviation Administration, Flight Standards Service, Flight Technologies 
and Procedures Division (AFS-420), 6500 S. MacArthur Blvd., Oklahoma 
City, OK, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. These Orders are available for 
purchase from the U.S. Government Printing Office, 710 N. Capitol 
Street, NW., Washington, DC 20401.

[[Page 365]]

    (2) Standard instrument procedures may be examined at the Federal 
Aviation Administration, National Flight Data Center (ATA-110), 800 
Independence Avenue, SW., Washington, DC, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (b) Standard instrument procedures and associated supporting data 
are documented on specific forms under FAA Order 8260.19C (September 16, 
1993) and are promulgated by the FAA through the National Flight Data 
Center (NFDC) as the source for aeronautical charts and avionics 
databases. These procedures are then portrayed on aeronautical charts 
and included in avionics databases prepared by the National Aeronautical 
Charting Office (AVN-500) and other publishers of aeronautical data for 
use by pilots using the NFDC source data. The terminal aeronautical 
charts published by the U.S. Government were approved for incorporation 
by reference by the Director of the Federal Register pursuant to 5 
U.S.C. 552(a) and 1 CFR part 51. They may be examined at the Federal 
Aviation Administration, National Flight Data Center (ATA-110), 800 
Independence Avenue, SW., Washington, DC, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. These charts are available for purchase from the FAA 
National Aeronautical Charting Office, Distribution Division AVN-530, 
6303 Ivy Lane, Suite 400, Greenbelt, MD 20770.

[Doc. No. FAA-2003-14698, 68 FR 16948, Apr. 8, 2003, as amended at 69 FR 
18803, Apr. 9, 2004]



PART 99_SECURITY CONTROL OF AIR TRAFFIC--Table of Contents




                            Subpart A_General

Sec.
99.1 Applicability.
99.3 Definitions.
99.5 Emergency situations.
99.7 Special security instructions.
99.9 Radio requirements.
99.11 ADIZ flight plan requirements.
99.12 [Reserved]
99.13 Transponder-on requirements.
99.15 Position reports.
99.17 Deviation from flight plans and ATC clearances and instructions.
99.19-99.31 [Reserved]

          Subpart B_Designated Air Defense Identification Zones

99.41 General.
99.43 Contiguous U.S. ADIZ.
99.45 Alaska ADIZ.
99.47 Guam ADIZ.
99.49 Hawaii ADIZ.

    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 all aircraft (except 
for Department of Defense and law enforcement 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 Sec. Sec. 99.7, 99.13, and 99.15 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 12 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) An FAA ATC center may exempt the following operations from this 
subpart (except Sec. 99.7) on a local basis only,

[[Page 366]]

with the concurrence of the U.S. military commanders concerned, or 
pursuant to an agreement with a U.S. Federal security or intelligence 
agency:
    (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 a U.S. military authority, or a U.S. Federal 
security or intelligence agency concerned.

[Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-14, 
53 FR 44182, Nov. 2, 1988; 66 FR 49822, Sept. 28, 2001; 69 FR 16755, 
Mar. 30, 2004]



Sec. 99.3  Definitions.

    Aeronautical facility means, for the purposes of this subpart, a 
communications facility where flight plans or position reports are 
normally filed during flight operations.
    Air defense identification zone (ADIZ) means an area of airspace 
over land or water in which the ready identification, location, and 
control of all aircraft (except for Department of Defense and law 
enforcement aircraft) is required in the interest of national security.
    Defense area means any airspace of the contiguous United States that 
is not an ADIZ in which the control of aircraft is required for reasons 
of national security.
    Defense visual flight rules (DVFR) means, for the purposes of this 
subpart, a flight within an ADIZ conducted by any aircraft (except for 
Department of Defense and law enforcement aircraft) in accordance with 
visual flight rules in part 91 of this title.

[Doc. No. FAA-2001-10693, 66 FR 49822, Sept. 28, 2001, as amended at 69 
FR 16755, Mar. 30, 2004]



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 must, 
in addition to the applicable rules of this part, comply with special 
security instructions issued by the Administrator in the interest of 
national security, pursuant to agreement between the FAA and the 
Department of Defense, or between the FAA and a U.S. Federal security or 
intelligence agency.

[69 FR 16756, Mar. 30, 2004]



Sec. 99.9  Radio requirements.

    (a) A person who operates a civil aircraft into an ADIZ must have a 
functioning two-way radio, and the pilot must maintain a continuous 
listening watch on the appropriate aeronautical facility's frequency.
    (b) No person may operate an aircraft into, within, or whose 
departure point is within an ADIZ unless--
    (1) The person files a DVFR flight plan containing the time and 
point of ADIZ penetration, and
    (2) The aircraft departs within five minutes of the estimated 
departure time contained in the flight plan.
    (c) 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 must report the radio failure to an appropriate 
aeronautical facility as soon as possible.
    (d) If a pilot operating an aircraft under IFR in an ADIZ cannot 
maintain two-way radio communications, the pilot must proceed in 
accordance with Sec. 91.185 of this chapter.

[Doc. No. FAA-2001-10693, 66 FR 49822, Sept. 28, 2001, as amended at 69 
FR 16756, Mar. 30, 2004]



Sec. 99.11  ADIZ flight plan requirements.

    (a) No person may operate an aircraft into, within, or from a 
departure point within an ADIZ, unless the person files, activates, and 
closes a flight plan with the appropriate aeronautical facility, or is 
otherwise authorized by air traffic control.

[[Page 367]]

    (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.
    (d) The pilot in command of an aircraft for which a flight plan has 
been filed must file an arrival or completion notice with an appropriate 
aeronautical facility.

[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; 66 FR 49822, 
Sept. 28, 2001; 69 FR 16756, Mar. 30, 2004]



Sec. 99.12  [Reserved]



Sec. 99.13  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. Redesignated at 69 FR 16756, 
Mar. 30, 2004]



Sec. 99.15  Position reports.

    (a) The pilot of an aircraft operating in or penetrating an ADIZ 
under IFR--
    (1) In controlled airspace, must make the position reports required 
in Sec. 91.183; and
    (2) In uncontrolled airspace, must make the position reports 
required in this section.
    (b) No pilot may operate an aircraft penetrating an ADIZ under DVFR 
unless--
    (1) The 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;
    (2) If there is no appropriate reporting point along the flight 
route, the pilot reports at least 15 minutes before penetration: The 
estimated time, position, and altitude at which the pilot will 
penetrate; or
    (3) If the departure airport is within an ADIZ or so close to the 
ADIZ boundary that it prevents the pilot from complying with paragraphs 
(b)(1) or (2) of this section, the pilot must report immediately after 
departure: the time of departure, the altitude, and the estimated time 
of arrival over the first reporting point along the flight route.
    (c) In addition to any other reports as ATC may require, no pilot in 
command of a foreign civil aircraft may

[[Page 368]]

enter the United States through an ADIZ unless that pilot makes the 
reports required in this section or reports the position of the aircraft 
when it is not less that one hour and not more that 2 hours average 
direct cruising distance from the United States.

[69 FR 16756, Mar. 30, 2004]



Sec. 99.17  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.

[69 FR 16756, Mar. 30, 2004]



Sec. 99.19-99.31  [Reserved]



          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. 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.

[69 FR 16756, Mar. 30, 2004]



Sec. 99.43  Contiguous U.S. ADIZ.

    The area bounded by a line from 43[deg]15[min]N, 65[deg]55[min]W; 
44[deg]21[min]N; 67[deg]16[min]W; 43[deg]10[min]N; 69[deg]40[min]W; 
41[deg]05[min]N; 69[deg]40[min]W; 40[deg]32[min]N; 72[deg]15[min]W; 
39[deg]55[min]N; 73[deg]00[min]W; 39[deg]38[min]N; 73[deg]00[min]W; 
39[deg]36[min]N; 73[deg]40[min]W; 37[deg]00[min]N; 75[deg]30[min]W; 
36[deg]10[min]N; 75[deg]10[min]W; 35[deg]10[min]N; 75[deg]10[min]W; 
32[deg]00[min]N; 80[deg]30[min]W; 30[deg]30[min]N; 81[deg]00[min]W; 
26[deg]40[min]N; 79[deg]40[min]W; 25[deg]00[min]N; 80[deg]05[min]W; 
24[deg]25[min]N; 81[deg]15[min]W; 24[deg]20[min]N; 81[deg]45[min]W; 
24[deg]30[min]N; 82[deg]06[min]W; 24[deg]41[min]N; 82[deg]06[min]W; 
24[deg]43[min]N; 82[deg]00[min]W; 25[deg]00[min]N; 81[deg]30[min]W; 
25[deg]10[min]N; 81[deg]23[min]W; 25[deg]35[min]N; 81[deg]30[min]W; 
26[deg]15[min]N 82[deg]20[min]W; 27[deg]50[min]N; 83[deg]05[min]W; 
28[deg]55[min]N; 83[deg]30[min]W; 29[deg]42[min]N; 84[deg]00[min]W; 
29[deg]20[min]N; 85[deg]00[min]W; 30[deg]00[min]N; 87[deg]10[min]W; 
30[deg]00[min]N; 88[deg]30[min]W; 28[deg]45[min]N; 88[deg]55[min]W; 
28[deg]45[min]N; 90[deg]00[min]W; 29[deg]25[min]N; 94[deg]00[min]W; 
28[deg]20[min]N; 96[deg]00[min]W; 27[deg]30[min]N; 97[deg]00[min]W; 
26[deg]00[min]N; 97[deg]00[min]W; 25[deg]58[min]N; 97[deg]07[min]W; 
westward along the U.S./Mexico border to 32[deg]32[min]03[sec]N, 
117[deg]07[min]25[sec]W; 32[deg]30[min]N; 117[deg]25[min]W; 
32[deg]35[min]N; 118[deg]30[min]W; 33[deg]05[min]N; 119[deg]45[min]W; 
33[deg]55[min]N; 120[deg]40[min]W; 34[deg]50[min]N; 121[deg]10[min]W; 
38[deg]50[min]N; 124[deg]00[min]W; 40[deg]00[min]N; 124[deg]35[min]W; 
40[deg]25[min]N; 124[deg]40[min]W; 42[deg]50[min]N; 124[deg]50[min]W; 
46[deg]15[min]N; 124[deg]30[min]W; 48[deg]30[min]N; 125[deg]00[min]W; 
48[deg]20[min]N; 128[deg]00[min]W; 48[deg]20[min]N; 132[deg]00[min]W; 
37[deg]42[min]N; 130[deg]40[min]W; 29[deg]00[min]N; 124[deg]00[min]W; 
30[deg]45[min]N; 120[deg]50[min]W; 32[deg]00[min]N; 118[deg]24[min]W; 
32[deg]30[min]N; 117[deg]20[min]W; 32[deg]32[min]03[sec]N; 
117[deg]07[min]25[sec]W; eastward along the U.S./Mexico border to 
25[deg]58[min]N, 97[deg]07[min]W; 26[deg]00[min]N; 97[deg]00[min]W; 
26[deg]00[min]N; 95[deg]00[min]W; 26[deg]30[min]N; 95[deg]00[min]W; then 
via 26[deg]30[min]N; parallel to 26[deg]30[min]N; 84[deg]00[min]W; 
24[deg]00[min]N; 83[deg]00[min]W; then Via 24[deg]00[min]N; parallel to 
24[deg]00[min]N; 79[deg]25[min]W; 25[deg]40[min]N; 79[deg]25[min]W; 
27[deg]30[min]N; 78[deg]50[min]W; 30[deg]45[min]N; 74[deg]00[min]W; 
39[deg]30[min]N; 63[deg]45[min]W; 43[deg]00[min]N; 65[deg]48[min]W; to 
point of beginning.

[Doc. No. FAA-2001-10693, 66 FR 49822, Sept. 28, 2001. Redesignated at 
69 FR 16756, Mar. 30, 2004]



Sec. 99.45  Alaska ADIZ.

    The area is bounded by a line from 54[deg]00[min]N; 
136[deg]00[min]W; 56[deg]57[min]N; 144[deg]00[min]W; 57[deg]00[min]N; 
145[deg]00[min]W; 53[deg]00[min]N; 158[deg]00[min]W; 50[deg]00[min]N; 
169[deg]00[min]W; 50[deg]00[min]N; 180[deg]00[min]; 50[deg]00[min]N; 
170[deg]00[min]E; 53[deg]00[min]N; 170[deg]00[min]E; 
60[deg]00[min]00[sec]N; 180[deg]00[min]; 65[deg]00[min]N; 
169[deg]00[min]W; then along 169[deg]00[min]W; to 75[deg]00[min]N; 
169[deg]00[min]W; then along the 75[deg]00[min]N; parallel to 
75[deg]00[min]N, 141[deg]00[min]W; 69[deg]50[min]N; 141[deg]00[min]W 
71[deg]18[min]N; 156[deg]44[min]W; 68[deg]40[min]N; 167[deg]10[min]W; 
67[deg]00[min]N; 165[deg]00[min]W; 65[deg]40[min]N; 168[deg]15[min]W; 
63[deg]45[min]N; 165[deg]30[min]W; 61[deg]20[min]N; 166[deg]40[min]W; 
59[deg]00[min]N; 163[deg]00[min]W; then south along 163[deg]00[min]W to 
54[deg]00[min]N, 163[deg]00[min]W; 56[deg]30[min]N; 154[deg]00[min]W; 
59[deg]20[min]N; 146[deg]00[min]W; 59[deg]30[min]N; 140[deg]00[min]W; 
57[deg]00[min]N; 136[deg]00[min]W; 54[deg]35[min]N, 133[deg]00[min]W; to 
point of beginning.

[Doc. No. FAA-2001-10693, 66 FR 49822, Sept. 28, 2001. Redesignated at 
69 FR 16756, Mar. 30, 2004]



Sec. 99.47  Guam ADIZ.

    (a) Inner boundary. From a point 13[deg]52[min]07[sec] N, 
143[deg]59[min]16[sec] E, counterclockwise along the 50-nautical-mile 
radius arc of the NIMITZ VORTAC (located at 13[deg]27[min]11[sec] N, 
144[deg]43[min]51[sec] E); to a point 13[deg]02[min]08[sec] N, 
145[deg]28[min]17[sec] E; then to a point 14[deg]49[min]07[sec] N, 
146[deg]13[min]58[sec] E; counterclockwise along the 35-nautical-mile 
radius arc of the SAIPAN NDB (located at 15[deg]06[min]46[sec] N, 
145[deg]42[min]42[sec] E); to a point 15[deg]24[min]21[sec] N, 
145[deg]11[min]21[sec] E; then to the point of origin.

[[Page 369]]

    (b) Outer boundary. The area bounded by a circle with a radius of 
250 NM centered at latitude 13[deg]32[min]41[sec] N, longitude 
144[deg]50[min]30[sec] E.

[Doc. No. 25113, 53 FR 18217, May 20, 1988. Redesignated at 69 FR 16756, 
Mar. 30, 2004]



Sec. 99.49  Hawaii ADIZ.

    (a) Outer boundary. The area included in the irregular octagonal 
figure formed by a line connecting 26[deg]30[min] N, 156[deg]00[min] W; 
26[deg]30[min] N, 161[deg]00[min] W; 24[deg]00[min] N, 164[deg]00[min] 
W; 20[deg]00[min] N, 164[deg]00[min] W; 17[deg]00[min] N, 
160[deg]00[min] W; 17[deg]00[min] N, 156[deg]00[min] W; 20[deg]00[min] 
N, 153[deg]00[min] W; 22[deg]00[min] N, 153[deg]00[min] W; to point of 
beginning.
    (b) Inner boundary. The inner boundary to follow a line connecting 
22[deg]30[min] N, 157[deg]00[min] W; 22[deg]30[min] N, 160[deg]00[min] 
W; 22[deg]00[min] N, 161[deg]00[min] W; 21[deg]00[min] N, 
161[deg]00[min] W; 20[deg]00[min] N, 160[deg]00[min] W; 20[deg]00[min] 
N, 156[deg]30[min] W; 21[deg]00[min] N, 155[deg]30[min] W; to point of 
beginning.

[Doc. No. 25113, 53 FR 18217, May 20, 1988. Redesignated at 69 FR 16756, 
Mar. 30, 2004]



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

[[Page 370]]

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]



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

[[Page 371]]

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 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.

[[Page 372]]



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
    (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.

[[Page 373]]

    (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.



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:

[[Page 374]]

    (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 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

[[Page 375]]

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. 91.137, Sec. 91.138, Sec. 91.141, Sec. 
91.143 or Sec. 91.145 of this chapter, unless authorized by:
    (a) Air Traffic Control (ATC); or
    (b) A Flight Standards Certificate of Waiver or Authorization issued 
for the demonstration or event.

[Doc. No. FAA-2000-8274, 66 FR 47378, Sept. 11, 2001]



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 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 OPERATIONS--Table of Contents




                            Subpart A_General

Sec.
105.1 Applicability.
105.3 Definitions.
105.5 General.
105.7 use of alcohol and drugs.
105.9 Inspections.

                        Subpart B_Operating Rules

105.13 Radio equipment and use requirements.
105.15 Information required and notice of cancellation or postponement 
          of a parachute operation.
105.17 Flight visibility and clearance from cloud requirements.
105.19 Parachute operations between sunset and sunrise.
105.21 Parachute operations over or into a congested area or an open-air 
          assembly of persons.
105.23 Parachute operations over or onto airports.
105.25 Parachute operations in designated airspace.

                Subpart C_Parachute Equipment and Packing

105.41 Applicability.

[[Page 376]]

105.43 Use of single-harness, dual-parachute systems.
105.45 Use of tandem parachute systems.
105.47 Use of static lines.
105.49 Foreign parachutists and equipment.

    Authority: 49 U.S.C. 106(g), 40113-40114, 44701-44702, 44721.

    Source: Doc. No. FAA-1999-5483, 66 FR 23553, May 9, 2001, unless 
otherwise noted.



Sec. 105.1  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this part prescribes rules governing parachute operations conducted in 
the United States.
    (b) This part does not apply to a parachute operation conducted--
    (1) In response to an in-flight emergency, or
    (2) To meet an emergency on the surface when it is conducted 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 an agency or political subdivision thereof.
    (c) Sections 105.5, 105.9, 105.13, 105.15, 105.17, 105.19 through 
105.23, 105.25(a)(1) and 105.27 of this part do not apply to a parachute 
operation conducted 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.
    (2) During military operations in uncontrolled airspace.



Sec. 105.3  Definitions.

    For the purposes of this part--
    Approved parachute means a parachute manufactured under a type 
certificate or a Technical Standard Order (C-23 series), or a personnel-
carrying U.S. military parachute (other than a high altitude, high 
speed, or ejection type) identified by a Navy Air Facility, an Army Air 
Field, and Air Force-Navy drawing number, an Army Air Field order 
number, or any other military designation or specification number.
    Automatic Activation Device means a self-contained mechanical or 
electro-mechanical device that is attached to the interior of the 
reserve parachute container, which automatically initiates parachute 
deployment of the reserve parachute at a pre-set altitude, time, 
percentage of terminal velocity, or combination thereof.
    Direct Supervision means that a certificated rigger personally 
observes a non-certificated person packing a main parachute to the 
extent necessary to ensure that it is being done properly, and takes 
responsibility for that packing.
    Drop Zone means any pre-determined area upon which parachutists or 
objects land after making an intentional parachute jump or drop. The 
center-point target of a drop zone is expressed in nautical miles from 
the nearest VOR facility when 30 nautical miles or less; or from the 
nearest airport, town, or city depicted on the appropriate Coast and 
Geodetic Survey World Aeronautical Chart or Sectional Aeronautical 
Chart, when the nearest VOR facility is more than 30 nautical miles from 
the drop zone.
    Foreign parachutist means a parachutist who is neither a U.S. 
citizen or a resident alien and is participating in parachute operations 
within the United States using parachute equipment not manufctured in 
the United States.
    Freefall means the portion of a parachute jump or drop between 
aircraft exit and parachute deployment in which the parachute is 
activated manually by the parachutist at the parachutist's discretion or 
automatically, or, in the case of an object, is activated automatically.
    Main parachute means a parachute worn as the primary parachute used 
or intended to be used in conjunction with a reserve parachute.
    Object means any item other than a person that descends to the 
surface from an aircraft in flight when a parachute is used or is 
intended to be used during all or part of the descent.
    Parachute drop means the descent of an object to the surface from an 
aircraft in flight when a parachute is used or intended to be used 
during all or part of that descent.
    Parachute jump means a parachute operation that involves the descent 
of one or more persons to the surface from an aircraft in flight when a 
aircraft is used or intended to be used during all or part of that 
descent.
    Parachute operation means the performance of all activity for the 
purpose

[[Page 377]]

of, or in support of, a parachute jump or a parachute drop. This 
parachute operation can involve, but is not limited to, the following 
persons: parachutist, parachutist in command and passenger in tandem 
parachute operations, drop zone or owner or operator, jump master, 
certificated parachute rigger, or pilot.
    Parachutist means a person who intends to exit an aircraft while in 
flight using a single-harness, dual parachute system to descend to the 
surface.
    Parachutist in command means the person responsible fro the 
operation and safety of a tandem parachute operation.
    Passenger parachutist means a person who boards an aircraft, acting 
as other than the parachutist in command of a tandem parachute 
operation, with the intent of existing the aircraft while in-flight 
using the forward harness of a dual harness tandem parachute system to 
descend to the surface.
    Pilot chute means a small parachute used to initiate and/or 
accelerate deployment of a main or reserve parachute.
    Ram-air parachute means a parachute with a canopy consisting of an 
upper and lower surface that is inflated by ram air entering through 
specially designed openings in the front of the canopy to form a gliding 
airfoil.
    Reserve parachute means an approved parachute worn for emergency use 
to be activated only upon failure of the main parachute or in any other 
emergency where use of the main parachute is impractical or use of the 
main parachute would increase risk.
    Single-harness, dual parachute system: means the combination of a 
main parachute, approved reserve parachute, and approved single person 
harness and dual-parachute container. This parachute system may have an 
operational automatic activation device installed.
    Tandem parachute operation: means a parachute operation in which 
more than one person simultaneously uses the same tandem parachute 
system while descending to the surface from an aircraft in flight.
    Tandem parachute system: means the combination of a main parachute, 
approved reserve parachute, and approved harness and dual parachute 
container, and a separate approved forward harness for a passenger 
parachutist. This parachute system must have an operational automatic 
activation device installed.



Sec. 105.5  General.

    No person may conduct a parachute operation, and no pilot in command 
of an aircraft may allow a parachute operation to be conducted from an 
aircraft, if that operation creates a hazard to air traffic or to 
persons or property on the surface.



Sec. 105.7  Use of alcohol and drugs.

    No person may conduct a parachute operation, and no pilot in command 
of an aircraft may allow a person to conduct a parachute operation from 
that aircraft, if that person is or appears to be under the influence 
of--
    (a) Alcohol, or
    (b) Any drug that affects that person's faculties in any way 
contrary to safety.



Sec. 105.9  Inspections.

    The Administrator may inspect any parachute operation to which this 
part applies (including inspections at the site where the parachute 
operation is being conducted) to determine compliance with the 
regulations of this part.



                        Subpart B_Operating Rules



Sec. 105.13  Radio equipment and use requirements.

    (a) Except when otherwise authorized by air traffic control--
    (1) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft, in or into controlled airspace unless, during that 
flight--
    (i) The aircraft is equipped with a functioning two-way radio 
communication system appropriate to the air traffic control facilities 
being used; and
    (ii) Radio communications have been established between the aircraft 
and the air traffic control facility having jurisdiction over the 
affected airspace of the first intended exit altitude at least 5 minutes 
before the parachute

[[Page 378]]

operation begins. The pilot in command must establish radio 
communications to receive information regarding air traffic activity in 
the vicinity of the parachute operation.
    (2) The pilot in command of an aircraft used for any parachute 
operation in or into controlled airspace must, during each flight--
    (i) Continuously monitor the appropriate frequency of the aircraft's 
radio communications system from the time radio communications are first 
established between the aircraft and air traffic control, until the 
pilot advises air traffic control that the parachute operation has ended 
for that flight.
    (ii) Advise air traffic control when the last parachutist or object 
leaves the aircraft.
    (b) Parachute operations must be aborted if, prior to receipt of a 
required air traffic control authorization, or during any parachute 
operation in or into controlled airspace, the required radio 
communications system is or becomes inoperative.



Sec. 105.15  Information required and notice of cancellation or 
postponement of a parachute operation.

    (a) Each person requesting an authorization under Sec. Sec. 
105.21(b) and 105.25(a)(2) of this part and each person submitting a 
notification under Sec. 105.25(a)(3) of this part must provide the 
following information (on an individual or group basis):
    (1) The date and time the parachute operation will begin.
    (2) The radius of the drop zone around the target expressed in 
nautical miles.
    (3) The location of the center of the drop 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 World Aeronautical Chart or Sectional 
Aeronautical Chart, when the nearest VOR facility is more than 30 
nautical miles from the drop zone target.
    (4) Each altitude above mean sea level at which the aircraft will be 
operated when parachutists or objects exist the aircraft.
    (5) The duration of the intended parachute operation.
    (6) The name, address, and telephone number of the person who 
requests the authorization or gives notice of the parachute operation.
    (7) The registration number of the aircraft to be used.
    (8) The name of the air traffic control facility with jurisdiction 
of the airspace at the first intended exit altitude to be used for the 
parachute operation.
    (b) Each holder of a certificate of authorization issued under 
Sec. Sec. 105.21(b) and 105.25(b) of this part must present that 
certificate for inspection upon the request of the Administrator or any 
Federal, State, or local official.
    (c) Each person requesting an authorization under Sec. Sec. 
105.21(b) and 105.25(a)(2) of this part and each person submitting a 
notice under Sec. 105.25(a)(3) of this part must promptly notify the 
air traffic control facility having jurisdiction over the affected 
airspace if the proposed or scheduled parachute operation is canceled or 
postponed.



Sec. 105.17  Flight visibility and clearance from cloud requirements.

    No person may conduct a parachute operation, and no pilot in command 
of an aircraft may allow a parachute operation to be conducted from that 
aircraft--
    (a) Into or through a cloud, or
    (b) When the flight visibility or the distance from any cloud is 
less than that prescribed in the following table:

------------------------------------------------------------------------
                                        Flight
                                      visibility
              Altitude                  (statute   Distance from clouds
                                        miles)
------------------------------------------------------------------------
1,200 feet or less above the surface           3  500 feet below, 1,000
 regardless of the MSL altitude.                   feet above, 2,000
                                                   feet horizontal.
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.
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.
------------------------------------------------------------------------


[[Page 379]]



Sec. 105.19  Parachute operations between sunset and sunrise.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a person to conduct a parachute 
operation from an aircraft between sunset and sunrise, unless the person 
or object descending from the aircraft displays a light that is visible 
for at least 3 statute miles.
    (b) The light required by paragraph (a) of this section must be 
displayed from the time that the person or object is under a properly 
functioning open parachute until that person or object reaches the 
surface.



Sec. 105.21  Parachute operations over or into a congested area or an 
open-air assembly of persons.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft, over or into a congested area of a city, town, or 
settlement, or an open-air assembly of persons unless a certificate of 
authorization for that parachute operation has been issued under this 
section. However, a parachutist may drift over a congested area or an 
open-air assembly of persons with a fully deployed and properly 
functioning parachute if that parachutist is at a sufficient altitude to 
avoid creating a hazard to persons or property on the surface.
    (b) An application for a certificate of authorization issued under 
this section must--
    (1) Be made in the form and manner prescribed by the Administrator, 
and
    (2) Contain the information required in Sec. 105.15(a) of this 
part.
    (c) Each holder of, and each person named as a participant in a 
certificate of authorization issued under this section must comply with 
all requirements contained in the certificate of authorization.
    (d) Each holder of a certificate of authorization issued under this 
section must present that certificate for inspection upon the request of 
the Administrator, or any Federal, State, or local official.



Sec. 105.23  Parachute operations over or onto airports.

    No person may conduct a parachute operation, and no pilot in command 
of an aircraft may allow a parachute operation to be conducted from that 
aircraft, over or onto any airport unless--
    (a) For airports with an operating control tower:
    (1) Prior approval has been obtained from the management of the 
airport to conduct parachute operations over or on that airport.
    (2) Approval has been obtained from the control tower to conduct 
parachute operations over or onto that airport.
    (3) Two-way radio communications are maintained between the pilot of 
the aircraft involved in the parachute operation and the control tower 
of the airport over or onto which the parachute operation is being 
conducted.
    (b) For airports without an operating control tower, prior approval 
has been obtained from the management of the airport to conduct 
parachute operations over or on that airport.
    (c) A parachutist may drift over that airport with a fully deployed 
and properly functioning parachute if the parachutist 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.



Sec. 105.25  Parachute operations in designated airspace.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft--
    (1) Over or within a restricted area or prohibited area unless the 
controlling agency of the area concerned has authorized that parachute 
operation;
    (2) Within or into a Class A, B, C, D airspace area without, or in 
violation of the requirements of, an air traffic control authorization 
issued under this section;
    (3) Except as provided in paragraph (c) and (d) of this section, 
within or into Class E or G airspace area unless the air traffic control 
facility having jurisdiction over the airspace at the first intended 
exit altitude is notified of the parachute operation no earlier than 24 
hours before or no later than 1

[[Page 380]]

hour before the parachute operation begins.
    (b) Each request for a parachute operation authorization or 
notification required under this section must be submitted to the air 
traffic control facility having jurisdiction over the airspace at the 
first intended exit altitude and must include the information prescribed 
by Sec. 105.15(a) of this part.
    (c) For the purposes of paragraph (a)(3) of this section, air 
traffic control facilities may accept a written notification from an 
organization that conducts parachute operations and lists the scheduled 
series of parachute operations to be conducted over a stated period of 
time not longer than 12 calendar months. The notification must contain 
the information prescribed by Sec. 105.15(a) of this part, identify the 
responsible persons associated with that parachute operation, and be 
submitted at least 15 days, but not more than 30 days, before the 
parachute operation begins. The FAA may revoke the acceptance of the 
notification for any failure of the organization conducting the 
parachute operations to comply with its requirements.
    (d) Paragraph (a)(3) of this section does not apply to a parachute 
operation conducted 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.



                Subpart C_Parachute Equipment and Packing



Sec. 105.41  Applicability.

    This subpart prescribed rules governing parachute equipment used in 
civil parachute operations.



Sec. 105.43  Use of single-harness, dual-parachute systems.

    No person may conduct a parachute operation using a single-harness, 
dual-parachute system, and no pilot in command of an aircraft may allow 
any person to conduct a parachute operation from that aircraft using a 
single-harness, dual-parachute system, unless that system has at least 
one main parachute, one approved reserve parachute, and one approved 
single person harness and container that are packed as follows:
    (a) The main parachute must have been packed within 120 days before 
the date of its use of a certificated parachute rigger, the person 
making the next jump with that parachute, or a non-certificated person 
under the direct supervision of a certification parachute rigger.
    (b) The reserve parachute must have been packed by a certificated 
parachute rigger--
    (1) Within 120 days before the date of its use, if its canopy, 
shroud, and harness are composed exclusively of nylon, rayon, or similar 
synthetic fiber or material that is substantially resistant to damage 
from mold, mildew, and other fungi, and other rotting agents propagated 
in a moist environment; or
    (2) Within 60 days before the date of its use, if it is composed of 
any amount of silk, pongee, or other natural fiber, or material not 
specified in paragraph (b)(1) of this section.
    (c) If installed, the automatic activation device must be maintained 
in accordance with manufacturer instructions for that automatic 
activation device.



Sec. 105.45  Use of tandem parachute systems.

    (a) No person may conduct a parachute operation using a tandem 
parachute system, and no pilot in command of an aircraft may allow any 
person to conduct a parachute operation from that aircraft using a 
tandem parachute system, unless--
    (1) One of the parachutists using the tandem parachute system is the 
parachutist in command, and meets the following requirements:
    (i) Has a minimum of 3 years of experience in parachuting, and must 
provide documentation that the parachutist--
    (ii) Has completed a minimum of 500 freefall parachute jumps using a 
ram-air parachute, and
    (iii) Holds a master parachute license issued by an organization 
recognized by the FAA, and
    (iv) Has successfully completed a tandem instructor course given by 
the manufacturer of the tandem parachute system used in the parachute 
operation

[[Page 381]]

or a course acceptable to the Administrator.
    (v) Has been certified by the appropriate parachute manufacturer or 
tandem course provider as being properly trained on the use of the 
specific tandem parachute system to be used.
    (2) The person acting as parachutist in command:
    (i) Has briefed the passenger parachutist before boarding the 
aircraft. The briefing must include the procedures to be used in case of 
an emergency with the aircraft or after exiting the aircraft, while 
preparing to exit and exiting the aircraft, freefall, operating the 
parachute after freefall, landing approach, and landing.
    (ii) Uses the harness position prescribed by the manufacturer of the 
tandem parachute equipment.
    (b) No person may make a parachute jump with a tandem parachute 
system unless--
    (1) The main parachute has been packed by a certificated parachute 
rigger, the parachutist in command making the next jump with that 
parachute, or a person under the direct supervision of a certificated 
parachute rigger.
    (2) The reserve parachute has been packed by a certificated 
parachute rigger in accordance with Sec. 105.43(b) of this part.
    (3) The tandem parachute system contains an operational automatic 
activation device for the reserve parachute, approved by the 
manufacturer of that tandem parachute system. The device must--
    (i) Have been maintained in accordance with manufacturer 
instructions, and
    (ii) Be armed during each tandem parachute operation.
    (4) The passenger parachutist is provided with a manual main 
parachute activation device and instructed on the use of that device, if 
required by the owner/operator.
    (5) The main parachute is equipped with a single-point release 
system.
    (6) The reserve parachute meets Technical Standard Order C23 
specifications.



Sec. 105.47  Use of static lines.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct a parachute operation 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. The assist device must--
    (1) Be long enough to allow the main parachute container to open 
before a load is placed on the device.
    (2) 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; and
    (3) Be attached as follows:
    (i) At one end, to the static line above the static-line pins or, if 
static-line pins are not used, above the static-line ties to the 
parachute cone.
    (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.
    (b) No person may attach an assist device required by paragraph (a) 
of this section to any main parachute unless that person is a 
certificated parachute rigger or that person makes the next parachute 
jump with that parachute.
    (c) An assist device is not required for parachute operations using 
direct-deployed, ram-air parachutes.



Sec. 105.49  Foreign parachutists and equipment.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft with an unapproved foreign parachute system unless--
    (1) The parachute system is worn by a foreign parachutist who is the 
owner of that system.
    (2) The parachute system is of a single-harness dual parachute type.
    (3) The parachute system meets the civil aviation authority 
requirements of the foreign parachutist's country.

[[Page 382]]

    (4) All foreign non-approved parachutes deployed by a foreign 
parachutist during a parachute operation conducted under this section 
shall be packed as follows--
    (i) The main parachute must be packed by the foreign parachutist 
making the next parachute jump with that parachute, a certificated 
parachute rigger, or any other person acceptable to the Administrator.
    (ii) The reserve parachute must be packed in accordance with the 
foreign parachutist's civil aviation authority requirements, by a 
certificated parachute rigger, or any other person acceptable to the 
Administrator.

[[Page 383]]



   SUBCHAPTER G_AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS





PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table 
of Contents




Special Federal Aviation Regulation No. 78 [Note]

                            Subpart A_General

Sec.
119.1 Applicability.
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 requirements for all operators.
119.36 Additional certificate application requirements for commercial 
          operators.
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.
119.72 Reports by air carriers on incidents involving animals during air 
          transport.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
41721, 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.

               Special Federal Aviation Regulation No. 78

    Note: For the text of SFAR No. 78, see part 91 of this chapter.



                            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;

[[Page 384]]

    (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 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 91, 
subpart K (when common carriage is not involved) nor does it 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 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 or objects for the purpose of 
conducting intentional parachute operations.
    (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.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-
4, 66 FR 23557, May 9, 2001; Amdt. 119-5, 67 FR 9554, Mar. 1, 2002; 
Amdt. 119-7, 68 FR 54584, Sept. 17, 2003]

[[Page 385]]



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 Sec. Sec. 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.
    DOD commercial air carrier evaluator means a qualified Air Mobility 
Command, Survey and Analysis Office (AMC/DOB) cockpit evaluator 
performing the duties specified in Public Law 99-661 when the evaluator 
is flying on an air carrier that is contracted or pursuing a contract 
with the U.S. Department of Defense (DOD).
    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;
    (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.

[[Page 386]]

    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 conducted as a public charter 
under part 380 of this title or any 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 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.

[[Page 387]]

    (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 Sec. Sec. 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 passenger-carrying 
operation that is conducted as a public charter operation under part 380 
of this title.
    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) Operations for which the departure time, departure location, and 
arrival location are specifically negotiated with the customer or the 
customer's representative;
    (ii) All-cargo operations; or
    (iii) Passenger-carrying public charter operations conducted under 
part 380 of this title.
    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.
    Years in service means the calendar time elapsed since an aircraft 
was issued its first U.S. or first foreign airworthiness certificate.

[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; 
Amdt. 119-3, 62 FR 13253, Mar. 19, 1997; Amdt. 119-6, 67 FR 72761, Dec. 
6, 2002; Amdt. 119-8, 68 FR 41217, July 10, 2003]



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.
    (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.

[[Page 388]]

    (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 
Sec. Sec. 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.
    (k) No person may advertise or otherwise offer to perform an 
operation subject to this part unless that person is authorized by the 
Federal Aviation Administration to conduct that operation.
    (l) No person may operate an aircraft under this part, part 121 of 
this chapter, or part 135 of this chapter in violation of an air carrier 
operating certificate, operating certificate, or appropriate operations 
specifications issued under this part.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 
62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



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) 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, or the air carrier or operating certificate number 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

[[Page 389]]

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.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 
62 FR 13253, Mar. 19, 1997]



Subpart B_Applicability of Operating Requirements to Different Kinds of 
        Operations Under Parts 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 any of the following Alaskan islands 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:
    (i) The Aleutian Islands.
    (ii) The Pribilof Islands.
    (iii) The Shumagin Islands.
    (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; Amdt. 119-3, 62 FR 13254, Mar. 19, 1997]



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.

[[Page 390]]

    (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 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 requirements for all operators.

    (a) A person applying to the Administrator for an Air Carrier 
Certificate or Operating Certificate under this part

[[Page 391]]

(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.

[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



Sec. 119.36  Additional certificate application requirements for 
commercial operators.

    (a) 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 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 base of operations.
    (b) Each application submitted under paragraph (a) of this section 
must contain a signed statement showing the following:
    (1) For corporate applicants:
    (i) The name and address of each stockholder who owns 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 Sec. Sec. 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 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 Sec. Sec. 119.65 and 
119.69, as applicable.
    (c) In addition, each applicant for the original issue of an 
operating certificate under paragraph (a) of this section must submit 
with the application a signed statement showing--
    (1) 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; and
    (2) For applicants intending to conduct operations under part 121 of 
this chapter, the financial information listed in paragraph (e) of this 
section.
    (d) Each applicant for, or holder of, a certificate issued under 
paragraph (a) of this section, shall notify the Administrator within 10 
days after--
    (1) A change in any of the persons, or the names and addresses of 
any of the persons, submitted to the Administrator under paragraph 
(b)(1) or (b)(2) of this section; or
    (2) For applicants intending to conduct operations under part 121 of 
this chapter, a change in the financial information submitted to the 
Administrator under paragraph (e) 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.
    (e) Each applicant for the original issue of an operating 
certificate under paragraph (a) of this section who intends to conduct 
operations under part 121 of this chapter 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

[[Page 392]]

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);
    (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 or her 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.
    (f) Each financial statement containing financial information 
required by paragraph (e) 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.

[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



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;

[[Page 393]]

    (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 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

[[Page 394]]

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 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).

[[Page 395]]

    (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.
    (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

[[Page 396]]

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 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

[[Page 397]]

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 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

[[Page 398]]

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 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.

[[Page 399]]



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
    (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

[[Page 400]]

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:
    (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

[[Page 401]]

    (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 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 experience, managerial 
experience, or supervisory experience requirements of this section if 
the Manager of the Air Transportation Division, AFS-200, or the Manager 
of the Aircraft Maintenance Division, AFS-300, as appropriate, finds 
that the person has comparable experience, and can effectively perform 
the functions associated with the position in accordance with the 
requirements of this chapter 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; Amdt. 119-3, 62 FR 13255, Mar. 19, 1997]



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

[[Page 402]]

    (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 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. If an instrument 
rating is required for any pilot in command for that certificate holder, 
the Director of Operations must also hold an instrument rating. In 
addition, the Director of Operations must 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. If an instrument rating is 
required for any pilot in command for that certificate holder, the Chief 
Pilot must also hold an instrument rating. The Chief Pilot must be 
qualified to serve as pilot in command in at least one aircraft used in 
the certificate holder's operation. In addition, the Chief Pilot must:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the

[[Page 403]]

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 airmen experience requirements, 
managerial experience requirements, or supervisory experience 
requirements of this section if the Manager of the Air Transportation 
Division, AFS-200, or the Manager of the Aircraft Maintenance Division, 
AFS-300, as appropriate, find that the person has comparable experience, 
and can effectively perform the functions associated with the position 
in accordance with the requirements of this chapter and the procedures 
outlined in the certificate holder's manual. 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. 119-3, 
62 FR 13255, Mar. 19, 1997]



Sec. 119.72  Reports by air carriers on incidents involving animals 
during air transport.

    (a) Any air carrier that provides scheduled passenger air 
transportation shall, within 15 days of the end of the month to which 
the information applies, submit to the Animal & Plant Health Inspection 
Service, United States Department of Agriculture, a report on any 
incidents involving the loss, injury, or death of an animal during air 
transport provided by the air carrier.
    (b) The report shall be made in the form and manner set forth in 
reporting directives issued by the Animal & Plant Health Inspection 
Service, and shall contain the following information:
    (1) Carrier and flight number;
    (2) Date and time of the incident;
    (3) Description of the animal, including name, if applicable;
    (4) Identification of the owner(s) and/or guardian of the animal;
    (5) Narrative description of the incident;
    (6) Narrative description of the cause of the incident;
    (7) Narrative description of any corrective action taken in response 
to the incident; and
    (8) Name, title, address, and telephone number of the individual 
filing the report on behalf of the air carrier.
    (c) For purposes of this section: (1) The air transport of an animal 
includes the entire period during which an animal is in the custody of 
an air carrier, from check-in of the animal prior to departure until the 
animal is returned to the owner or guardian of the animal at the final 
destination of the animal; and
    (2) Animal means any warm or cold blooded animal which, at the time 
of transportation, is being kept as a pet in a family household in the 
United States.

[Doc. No. FAA-2002-13378, 68 FR 47800, Aug. 11, 2003]

    Effective Date Note: At 68 FR 47800, Aug. 11, 2003, Sec. 119.72 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



PART 121_OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS--Table of Contents




Special Federal Aviation Regulation No. 14
Special Federal Aviation Regulation No. 36
Special Federal Aviation Regulation No. 50-2 [Note]

[[Page 404]]

Special Federal Aviation Regulation No. 58
Special Federal Aviation Regulation No. 71 [Note]
Special Federal Aviation Regulation No. 78 [Note]
Special Federal Aviation Regulation No. 80
Special Federal Aviation Regulation No. 92-5
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 97 [Note]

                            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 Communication 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 Requirements 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.
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.

[[Page 405]]

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.
121.306 Portable electronic devices.
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 requirements, smoking prohibitions, and 
          additional seat belt requirements.
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 Digital flight data recorders for transport category airplanes.
121.344a Digital flight data recorders for 10-19 seat airplanes.
121.345 Radio equipment.
121.347 Radio equipment for operations under VFR over routes navigated 
          by pilotage.
121.349 Radio equipment for operations under VFR over routes not 
          navigated by pilotage or for operations under IFR or over-the-
          top.
121.351 Radio equipment for extended overwater operations and for 
          certain other operations.
121.353 Emergency equipment for operations over uninhabited terrain 
          areas: Flag,

[[Page 406]]

          supplemental, and certain domestic operators.
121.354 Terrain awareness and warning system.
121.355 Equipment for operations on which specialized means of 
          navigation are used.
121.356 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.
121.368 Aging airplane inspections and records reviews.
121.369 Manual requirements.
121.370 Special maintenance program requirements.
121.370a Supplemental inspections.
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.
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.

[[Page 407]]

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 Aircraft 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.
121.548a DOD Commercial Air Carrier Evaluator's Credential.
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.
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.

[[Page 408]]

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.
121.580 Prohibition on interference with crewmembers.
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 in the United States.

             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.
121.703 Mechanical reliability reports.
121.704 Service difficulty reports (structural).

[[Page 409]]

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.

           Subpart X_Emergency Medical Equipment and Training

121.801 Applicability.
121.803 Emergency medical equipment.
121.805 Crewmember training for in-flight medical events.

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
Appendix M to Part 121--Airplane Flight Recorder Specifications
Appendix N to Part 121--Design-Life Goals

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.

               Special Federal Aviation Regulation 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

[[Page 410]]

of the airborne portion and at no point shall it lie above the take-off 
path specified in paragraph (a) of this section.
    (3) Take-off distance. The take-off distance shall be the horizontal 
distance along the one/engine-inoperative take-off to the point where 
the airplane attains a height of 50 feet aove the take-off surface for 
reciprocating-engine-powered airplanes and a height of 35 feet above the 
take-off surface for turbine-powered airplanes.
    (4) Maximum certificated take-off weights. The maximum certificated 
take-off weights shall be determined at all altitudes, and at ambient 
temperatures if applicable, at which performance credit is to be applied 
and shall not exceed the weights established in compliance with 
paragraphs (a) and (b) of this section.
    (a) The conditions of section (2) (b) through (d) shall be met at 
the maximum certificated take-off weight.
    (b) Without the use of standby power, the airplane shall meet all of 
the en route requirements of the applicable airworthiness regulations 
under which the airplane was originally certificated. In addition, 
turbine-powered airplanes without the use of standby power shall meet 
the final take-off climb requirements prescribed in the applicable 
airworthiness regulations.
    (5) Maximum certificated landing weights. (a) The maximum 
certificated landing weights (one-engine/inoperative approach and all-
engine/operating landing climb) shall be determined at all altitudes, 
and at ambient temperatures if applicable, at which performance credit 
is to be applied and shall not exceed that established in compliance 
with the provisions of paragraph (b) of this section.
    (b) The flight path, with the engines operating at the power and/or 
thrust appropriate to the airplane configuration and with standby power 
in use, shall lie above the flight path without standby power in use at 
the maximum weight at which all of the applicable airworthiness 
requirements are met. In addition, the flight paths shall comply with 
the provisions of paragraphs (i) and (ii) of this paragraph (b).
    (i) The flight paths shall be established without changing the 
appropriate airplane configuration.
    (ii) The flight paths shall be carried out for a minimum height of 
400 feet above the point where standby power is actuated.
    (6) Airplane configuration, speed, and power and/or thrust; general. 
Any change in the airplane's configuration, speed, and power and/or 
thrust shall be made in accordance with the procedures established by 
the applicant for the operation of the airplane in service and shall 
comply with the provisions of paragraphs (a) through (c) of this 
section. In addition, procedures shall be established for the execution 
of balked landings and missed approaches.
    (a) The Administrator shall find that the procedure can be 
consistently executed in service by crews of average skill.
    (b) The procedure shall not involve methods or the use of devices 
which have not been proven to be safe and reliable.
    (c) Allowances shall be made for such time delays in the execution 
of the procedures as may be reasonably expected to occur during service.
    (7) Installation and operation; standby power. The standby power 
unit and its installation shall comply with the provisions of paragraphs 
(a) and (b) of this section.
    (a) The standby power unit and its installation shall not adversely 
affect the safety of the airplane.
    (b) The operation of the standby power unit and its control shall 
have proven to be safe and reliable.

[23 FR 7454, Sept. 25, 1958. Redesignated at 29 FR 19099, Dec. 30, 1964]

               Special Federal Aviation Regulation 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) and Sec. 
135.437(b) of this chapter notwithstanding, the holder of an air carrier 
certificate or operating certificate, that operates large aircraft, and 
that has been issued operations specifications for operations required 
to be conducted in accordance with 14 CFR part 121 or 135, may perform a 
major repair on a product as described in Sec. 121.379(b) or Sec. 
135.437(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) [Reserved]
    (c) Contrary provisions of Sec. 145.201(c)(2) notwithstanding, the 
holder of a repair station certificate under 14 CFR part 145 that is 
located in the United States may perform a major repair on an article 
for which it is rated using technical data not approved by the FAA 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, 
approve that product or article for return to service.

[[Page 411]]

    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. 36-8, 
effective on January 23, 2004;
    (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 
Certificate Holding 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 certificate or operating certificate, 
operate large aircraft, and have been issued operations specifications 
for operations required to be conducted in accordance with 14 CFR part 
121 or 135, 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--
    (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.

[[Page 412]]

    (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, 2009, 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, 
2009.

[SFAR 36-6, 59 FR 3940, Jan. 27, 1994, as amended by Amdt. SFAR 36-7, 64 
FR 960, Jan. 6, 1999; Amdt. 121-286, 66 FR 41116, Aug. 6, 2001; Amdt. 
SFAR 36-8, 68 FR 65378, Nov. 19, 2003]

[[Page 413]]

              Special Federal Aviation Regulation No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 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, model, and series.
    3. Required Curriculums. Each AQP must have separate curriculums for 
indoctrination, qualification, and continuing qualification as specified 
in sections 4, 5, and 6 of this SFAR.
    4. Indoctrination Curriculums. Each indoctrination curriculum must 
include the following:
    (a) For newly hired persons being trained under an AQP: Company 
policies and operating practices and general operational knowledge.
    (b) For newly hired flight crewmembers and aircraft dispatchers: 
General aeronautical knowledge.
    (c) For instructors: The fundamental principles of the teaching and 
learning process; methods and theories of instruction; and the knowledge 
necessary to use aircraft, flight training devices, flight simulators, 
and other training equipment in advanced qualification curriculums.
    (d) For evaluators: Evaluation requirements specified in each 
approved curriculum; methods of evaluating crewmembers and aircraft 
dispatchers and other operations personnel; and policies and practices 
used to conduct the kinds of evaluations particular to an advanced 
qualification curriculum (e.g., proficiency and online).
    5. Qualification Curriculums. Each qualification curriculum must 
include the following:
    (a) The certificate holder's planned hours of training, evaluation, 
and supervised operating experience.

[[Page 414]]

    (b) A list of and text describing the training, qualification, and 
certification activities, as applicable for specific positions subject 
to the AQP, as follows:
    (1) Crewmembers, aircraft dispatchers, and other operations 
personnel. Training, evaluation, and certification activities which are 
aircraft- and equipment-specific to qualify a person for a particular 
duty position on, or duties related to the operation of a specific make, 
model, and series aircraft (or variant); a list of and text describing 
the knowledge requirements, subject materials, job skills, and each 
maneuver and procedure to be trained and evaluated; the practical test 
requirements in addition to or in place of the requirements of parts 61, 
63, and 65; and a list of and text describing supervised operating 
experience.
    (2) Instructors. Training and evaluation to qualify a person to 
impart instruction on how to operate, or on how to ensure the safe 
operation of a particular make, model, and series aircraft (or variant).
    (3) Evaluators. Training, evaluation, and certification activities 
that are aircraft and equipment specific to qualify a person to evaluate 
the performance of persons who operate or who ensure the safe operation 
of, a particular make, model, and series aircraft (or variant).
    6. Continuing Qualification Curriculums. Continuing qualification 
curriculums must comply with the following requirements:
    (a) General. A continuing qualification curriculum must be based 
on--
    (1) A continuing qualification cycle that ensures that during each 
cycle each person qualified under an AQP, including instructors and 
evaluators, will receive a balanced mix of training and evaluation on 
all events and subjects necessary to ensure that each person maintains 
the minimum proficiency level of knowledge, skills, and attitudes 
required for original qualification; and
    (2) If applicable, flight crewmember or aircraft dispatcher recency 
of experience requirements.
    (b) Continuing Qualification Cycle Content. Each continuing 
qualification cycle must include at least the following:
    (1) Evaluation period. An evaluation period during which each person 
qualified under an AQP must receive at least one training session and a 
proficiency evaluation at a training facility. The number and frequency 
of training sessions must be approved by the Administrator. A training 
session, including any proficiency evaluation completed at that session, 
that occurs any time during the two calendar months before the last date 
for completion of an evaluation period can be considered by the 
certificate holder to be completed in the last calendar month.
    (2) Training. Continuing qualification must include training in all 
events and major subjects required for original qualification, as 
follows:
    (i) For pilots in command, seconds in command, flight engineers, and 
instructors and evaluators: Ground training including a general review 
of knowledge and skills covered in qualification training, updated 
information on newly developed procedures, and safety information.
    (ii) For crewmembers, aircraft dispatchers, instructors, evaluators, 
and other operation personnel who conduct their duties in flight: 
Proficiency training in an aircraft, flight training device, or flight 
simulator on normal, abnormal, and emergency flight procedures and 
maneuvers.
    (iii) For instructors and evaluators who are limited to conducting 
their duties in flight simulators and flight training devices: 
Proficiency training in a flight training device and/or flight simulator 
regarding operation of this training equipment and in operational flight 
procedures and maneuvers (normal, abnormal, and emergency).
    (3) Evaluations. Continuing qualification must include evaluation in 
all events and major subjects required for original qualification, and 
online evaluations for pilots in command and other eligible flight 
crewmembers. Each person qualified under an AQP must successfully 
complete a proficiency evaluation and, if applicable, an online 
evaluation during each evaluation period. An individual's proficiency 
evaluation may be accomplished over several training sessions if a 
certificate holder provides more than one training session in an 
evaluation period. The following evaluation requirements apply:
    (i) Proficiency evaluations as follows:
    (A) For pilots in command, seconds in command, and flight engineers: 
A proficiency evaluation, portions of which may be conducted in an 
aircraft, flight simulator, or flight training device as approved in the 
certificate holder's curriculum which must be completed during each 
evaluation period.
    (B) For any other persons covered by an AQP a means to evaluate 
their proficiency in the performance of their duties in their assigned 
tasks in an operational setting.
    (ii) Online evaluations as follows:
    (A) For pilots in command: An online evaluation conducted in an 
aircraft during actual flight operations under part 121 or part 135 or 
during operationally (line) oriented flights, such as ferry flights or 
proving flights. An online evaluation in an aircraft must be completed 
in the calendar month that includes the midpoint of the evaluation 
period. An online evaluation that is satisfactorily completed in the 
calendar month before or the calendar month after the calendar month in 
which it becomes due is considered to have been completed during the 
calendar month it became due. However, in no case is an online 
evaluation under this

[[Page 415]]

paragraph required more often than once during an evaluation period.
    (B) During the online evaluations required under paragraph 
(b)(3)(ii)(A) of this section, each person performing duties as a pilot 
in command, second in command, or flight engineer for that flight, must 
be individually evaluated to determine whether he or she--(1) Remains 
adequately trained and currently proficient with respect to the 
particular aircraft, crew position, and type of operation in which he or 
she serves; and (2) Has sufficient knowledge and skills to operate 
effectively as part of a crew.
    (4) Recency of experience. For pilots in command and seconds in 
command, and, if the certificate holder elects, flight engineers and 
aircraft dispatchers, approved recency of experience requirements.
    (c) Duration periods. Initially the continuing qualification cycle 
approved for an AQP may not exceed 26 calendar months and the evaluation 
period may not exceed 13 calendar months. Thereafter, upon demonstration 
by a certificate holder that an extension is warranted, the 
Administrator may approve extensions of the continuing qualification 
cycle and the evaluation period in increments not exceeding 3 calendar 
months. However, a continuing qualification cycle may not exceed 39 
calendar months and an evaluation period may not exceed 26 calendar 
months.
    (d) Requalification. Each continuing qualification curriculum must 
include a curriculum segment that covers the requirements for 
requalifying a crewmember, aircraft dispatcher, or other operations 
personnel who has not maintained continuing qualification.
    7. Other Requirements. In addition to the requirements of sections 
4, 5, and 6, each AQP qualification and continuing qualification 
curriculum must include the following requirements:
    (a) Approved Cockpit Resource Management (CRM) Training applicable 
to each position for which training is provided under an AQP.
    (b) Approved training on and evaluation of skills and proficiency of 
each person being trained under an AQP to use their cockpit resource 
management skills and their technical (piloting or other) skills in an 
actual or simulated operations scenario. For flight crewmembers this 
training and evaluation must be conducted in an approved flight training 
device or flight simulator.
    (c) Data collection procedures that will ensure that the certificate 
holder provides information from its crewmembers, instructors, and 
evaluators that will enable the FAA to determine whether the training 
and evaluations are working to accomplish the overall objectives of the 
curriculum.
    8. Certification. A person enrolled in an AQP is eligible to receive 
a commercial or airline transport pilot, flight engineer, or aircraft 
dispatcher certificate or appropriate rating based on the successful 
completion of training and evaluation events accomplished under that 
program if the following requirements are met:
    (a) Training and evaluation of required knowledge and skills under 
the AQP must meet minimum certification and rating criteria established 
by the Administrator in parts 61, 63, or 65. The Administrator may 
accept substitutes for the practical test requirements of parts 61, 63, 
or 65, as applicable.
    (b) The applicant satisfactorily completes the appropriate 
qualification curriculum.
    (c) The applicant shows competence in required technical knowledge 
and skills (e.g., piloting) and cockpit resource management knowledge 
and skills in scenarios that test both types of knowledge and skills 
together.
    (d) The applicant is otherwise eligible under the applicable 
requirements of part 61, 63, or 65.
    9. Training Devices and Simulators.
    (a) Qualification and approval of flight training devices and flight 
simulators. (1) Any training device or simulator that will be used in an 
AQP for one of the following purposes must be evaluated by the 
Administrator for assignment of a flight training device or flight 
simulator qualification level:
    (i) Required evaluation of individual or crew proficiency.
    (ii) Training activities that determine if an individual or crew is 
ready for a proficiency evaluation.
    (iii) Activities used to meet recency of experience requirements.
    (iv) Line Operational Simulations (LOS).
    (2) To be eligible to request evaluation for a qualification level 
of a flight training device or flight simulator an applicant must--
    (i) Hold an operating certificate; or
    (ii) Be a training center that has applied for authorization to the 
Administrator or has been authorized by the Administrator to conduct 
training or qualification under an AQP.
    (3) Each flight training device or flight simulator to be used by a 
certificate holder or training center for any of the purposes set forth 
in paragraph (a)(1) of this section must--
    (i) Be, or have been, evaluated against a set of criteria 
established by the Administrator for a particular qualification level of 
simulation;
    (ii) Be approved for its intended use in a specified AQP; and
    (iii) Be part of a flight simulator or flight training device 
continuing qualification program approved by the Administrator.
    (b) Approval of other Training Equipment. (1) Any training device 
that is intended to be used in an AQP for purposes other than those set 
forth in paragraph (a)(1) of this section

[[Page 416]]

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.
    (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

[[Page 417]]

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, 2005, 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; Amdt. 121-280, 65 FR 60336, 
Oct. 10, 2000]

               Special Federal Aviation Regulation No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.

               Special Federal Aviation Regulation No. 78

    Editorial Note: For the text of SFAR No. 78, see part 91 of this 
chapter.

 Special Federal Aviation Regulation 80--Alternative Communications and 
                         Dispatching Procedures

    1. Applicability. This Special Federal Aviation Regulation applies 
to each holder of an air carrier or operating certificate (hereafter, 
certificate holder) that meets one of the following eligibility 
requirements:
    a. The certificate holder conducts scheduled 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 under part 121 of this chapter.
    b. The certificate holder conducts domestic operations in Alaska 
under part 121 of this chapter.
    2. Alternative requirements.
    a. If an operator described in paragraph 1.a. of this SFAR is 
conducting a flight with an airplane described in 1.a. and if 
communications cannot be maintained over the entire route (which would 
be contrary to the requirements of Sec. 121.99 of this chapter), such 
an operator may continue to operate over such a route subject to 
approval by the Administrator. In granting such approval the 
Administrator considers the following:
    i. The operator has an established dispatch communication system.
    ii. Gaps in communication are not over the entire route, but only 
over portions of the route.
    iii. When communication gaps occur, they occur due to one or more of 
the following:
    A. Lack of infrastructure.
    B. Geographical considerations.
    C. Assigned operating altitude.
    iv. Procedures are established for the prompt re-establishment of 
communications.
    v. The operator has presented a plan or schedule for coming into 
compliance with the requirements in Sec. 121.99 of this chapter.
    b. A certificate holder who conducts domestic operations in Alaska 
may, notwithstanding the requirements of Sec. 121.99 of this chapter, 
use a communications system operated by the United States for those 
operations.
    c. An operator described in paragraph 1.a. of this SFAR who conducts 
operations in Alaska may share the aircraft dispatcher required by Sec. 
121.395 with another operator described in paragraph 1.a. of this SFAR 
who conducts operations in Alaska if authorized to do so by the 
Administrator. Before granting such an authorization, the Administrator 
considers:
    i. The operators' joint plans for complying with the aircraft 
dispatcher training rules in subpart N of part 121 of this chapter and 
the aircraft dispatcher qualification and duty time limitation rules in 
subpart P of part 121 of this chapter.
    ii. The number of flights for which the aircraft dispatcher would be 
responsible.
    iii. Whether the responsibilities of the dispatcher would be beyond 
the capability of a single dispatcher.
    3. Expiration. This Special Federal Aviation Regulation terminates 
on March 12, 2001, unless sooner terminated.

[SFAR-80, 62 FR 13255, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]

Special Federal Aviation Regulation 92-5--Flightcrew Compartment Access 
                            and Door Designs

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to all operators that hold an air carrier certificate or 
operating certificate issued under 14 CFR part 119 and that conduct 
operations under this part 121 and to operators of U.S. registered 
transport category airplanes operated under 14 CFR part 129, except 
paragraph 5 of this SFAR does not apply to cargo operations and 14 CFR 
part 129 operations. It applies to the operators specified in this SFAR 
that modify airplanes to improve the flightcrew compartment door 
installations

[[Page 418]]

to restrict the unwanted entry of persons into the flightcrew 
compartment. This SFAR also applies to production certificate holders 
and applicants for airworthiness certificates for airplanes to be 
operated by operators specified in this SFAR, and producers of parts to 
be used in modifications of such airplanes.
    2. Regulatory Relief. Contrary provisions of this part 21, and 
Sec. Sec. 121.313(h), 121.153(a)(2), 121.153(c), 121.379(b), 
121.583(b)(1) and (2) and 14 CFR 129.13 notwithstanding:
    (a) An operator may operate airplanes modified to improve the 
flightcrew compartment door installations to restrict the unauthorized 
entry of persons into the flightcrew compartment without regard to the 
applicable airworthiness requirements and may modify those airplanes for 
that purpose, using technical data not previously approved by the 
Administrator, subject to the following conditions:
    (i) Not later than February 15, 2002, submit to the Director, 
Aircraft Certification Service, a detailed description of the changes to 
the airplane that have been accomplished before that date to enhance the 
intrusion resistance of the flightcrew compartment including 
identification of what major alterations have been done without 
previously approved data.
    (ii) If, upon reviewing the data submitted in paragraph 2(a)(i) of 
this SFAR, the Administrator determines that a door modification 
presents an unacceptable safety risk, the FAA may issue an order 
requiring changes to such modifications.
    (b) An applicant for an airworthiness certificate may obtain such a 
certificate for modified airplanes to be operated by operators described 
in this SFAR.
    (c) A holder of a production certificate may submit for 
airworthiness certification or approval, modified airplanes to be 
operated by operators described in this SFAR.
    (d) A person may produce parts for installation on airplanes in 
connection with modifications described in this SFAR, without FAA parts 
manufacturer approval (PMA).
    3. Report of Modifications. Not later than April 22, 2002, all 
operators who are required to install flightdeck door modifications in 
accordance with 14 CFR 121.313(j) must submit a report to the Director, 
Aircraft Certification Service. The report must describe the 
modifications to be made and provide a schedule for the changes 
necessary to restore compliance with all applicable airworthiness 
requirements and to meet the requirements of 14 CFR 121.313(j). The 
schedule may not extend beyond the termination date of this SFAR.
    4. Return to Service Documentation. Where operators have modified 
airplanes as authorized in this SFAR, the affected airplane must be 
returned to service with a note that it was done under the provisions of 
this SFAR.
    5. Provision for Flightdeck Door Compartment Key. Contrary to 
provisions of Sec. 121.313(g), the following provision applies: A key 
for each door that separates a passenger compartment from an emergency 
exit must be identified to passengers in the briefing required by Sec. 
121.571(a)(1)(ii). The key required for access to the emergency exit 
must be readily available for each crewmember. No key to the flightcrew 
compartment shall be available to any crewmember during flight, except 
for flight crewmembers, unless an internal flightdeck locking device 
such as a deadbolt or bar is installed, operative, and in use.
    6. Door Modification Requirement. After March 1, 2002, for each 
airplane required under Sec. 121.313(f) to have a door between the 
passenger and pilot compartments, and for transport category all-cargo 
airplanes that have a door installed between the pilot compartment and 
any other occupied compartment on or after January 15, 2002, such door 
must be equipped with an internal locking device installed, operative, 
and in use. Such internal locking device has to be designed so that it 
can only be unlocked from inside the flightdeck.
    7. Termination. For all-cargo transport category airplanes, this 
SFAR terminates on October 1, 2003. For passenger airplanes, this SFAR 
expires on April 9, 2003, except for airplanes meeting the criteria 
specified in paragraphs 7.a, b, and c, below. For airplanes meeting 
these criteria, this SFAR expires on July 31, 2003.
    a. Before midnight April 9, 2003, the operator must have installed a 
strengthened flightdeck door meeting the requirement of paragraph 7.b;
    b. Before midnight April 9, 2003, the FAA must have found that the 
door complies with 14 CFR 25.795(a)(1) and (2) in effect on January 15, 
2002; and
    c. Before March 10, 2003, a formal application for certification 
approval of the door must have been submitted to the FAA.

[Doc. FAA-2001-10770, 68 FR 17516, Apr. 9, 2003]

               Special Federal Aviation Regulation No. 93

    Editorial Note: For the text of SFAR No. 93, see part 61 of this 
chapter.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.

[[Page 419]]



                            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 Sec. Sec. 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 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

[[Page 420]]

(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 Sec. Sec. 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.
    (iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit 
locating sign.
    (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.
    (iv) Manufactured on or after March 12, 1999: Section 121.310(b)(1), 
Interior emergency exit locating sign.
    (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.

[[Page 421]]

    (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 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; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]



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

[[Page 422]]

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 Sec. Sec. 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 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.

[[Page 423]]

    (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]



Sec. 121.99  Communication facilities.

    (a) Each certificate holder conducting domestic or flag operations 
must show that a two-way radio communication system or other means of 
communication approved by the Administrator 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 as Sec. 121.351(c).
    (b) For the following types of operations, the communications 
systems between each airplane and the dispatch office must be 
independent of any system operated by the United States:
    (1) All domestic operations;
    (2) Flag operations in the 48 contiguous States and the District of 
Columbia; and
    (3) After March 12, 2001, flag operations outside the 48 contiguous 
States and the District of Columbia.

[Doc. No. 28154, 62 FR 13256, Mar. 19, 1997]



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

[[Page 424]]

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 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,

[[Page 425]]

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.
    (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

[[Page 426]]

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
    (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

[[Page 427]]

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]



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.

[[Page 428]]

    (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.
    (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

[[Page 429]]

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 printed form or other form, acceptable 
to the Administrator, that is retrievable in the English language.

[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; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]



Sec. 121.139  Requirements for manual aboard aircraft: Supplemental 
operations.

    (a) Except is provided in paragraph (b) of this section, each 
certificate holder conducting supplemental operations shall carry 
appropriate parts of the manual on each airplane when away from the 
principal base of operations. The appropriate parts must be available 
for use by ground or flight personnel. If the certificate holder carries 
aboard an airplane all or any portion of the maintenance part of its 
manual in other than printed form, it must carry a compatible reading 
device that produces a legible image of the maintenance information and 
instructions or a system that is able to retrieve the maintenance 
information and instructions in the English language.
    (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. 12-71, 
35 FR 17176, Nov. 7, 1970; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



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.

[[Page 430]]



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 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 Sec. Sec. 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

[[Page 431]]

    (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 Sec. Sec. 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 Sec. Sec. 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.
    (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]

[[Page 432]]



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 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: Nomenclature changes to subpart I appear at 60 FR 
65928, Dec. 20, 1995.

[[Page 433]]



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 Sec. Sec. 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 Sec. Sec. 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 
Sec. Sec. 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 
Sec. Sec. 121.199 through 121.205 and any determination of compliance 
must be based only on approved performance data.
    (d) The performance data in the Airplane Flight Manual applies in 
determining compliance with Sec. Sec. 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 Sec. Sec. 121.179 through 
121.183 may be reduced to five miles, for not more than 20 miles, when 
operating VFR or where

[[Page 434]]

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 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.

[[Page 435]]

    (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 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

[[Page 436]]

    (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 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]

[[Page 437]]



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, the ambient temperature and wind component at 
the time of takeoff, and, if operating limitations exist for the minimum 
distances required for takeoff from wet runways, the runway surface 
condition (dry or wet). Wet runway distances associated with grooved or 
porous friction course runways, if provided in the Airplane Flight 
Manual, may be used only for runways that are grooved or treated with a 
porous friction course (PFC) overlay, and that the operator determines 
are designed, constructed, and maintained in a manner acceptable to the 
Administrator.
    (f) For the purposes of this section, it is assumed that the 
airplane is not banked before reaching a height of 50 feet, as shown by 
the takeoff path or net takeoff flight path data (as appropriate) in the 
Airplane Flight Manual, and thereafter that the maximum bank is not more 
than 15 degrees.
    (g) For the purposes of this section the terms, takeoff distance, 
takeoff run, net takeoff flight path and takeoff path have the same 
meanings as set forth in the rules under which the airplane was 
certificated.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-268, 
63 FR 8321, Feb. 18, 1998]



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

[[Page 438]]

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 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

[[Page 439]]

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 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

[[Page 440]]

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 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.

[[Page 441]]

    (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 non transport 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 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.

[[Page 442]]

    (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 non transport 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 part 04 of the 
Civil Air Regulations in effect before November 1, 1946 must meet the 
special airworthiness requirements in Sec. Sec. 121.215 through 
121.283.

[[Page 443]]

    (c) Each certificate holder must comply with the requirements of 
Sec. Sec. 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 resist ant.
    (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'' category if enough access is provided while in flight to enable a 
member of

[[Page 444]]

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-resist ant 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-resist ant 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 contained in any one compartment, either during the time 
it is being extinguished, or thereafter, unless the extinguishing system 
floods those compartments simultaneously.

[[Page 445]]



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.
    (b) Engine breathers must discharge in a location that does not 
constitute a fire hazard in case foaming occurs and

[[Page 446]]

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 Sec. Sec. 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 the shutoff means after it has been closed.

[[Page 447]]



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 ability to resist, without failure, all vibration, inertia, and 
other loads to which they may be normally subjected.

[[Page 448]]

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 means for 
proper notification of the passenger is provided.
    (c) Cargo may be carried aft of a bulkhead or divider in any 
passenger

[[Page 449]]

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.
    (b) The warning system required by paragraph (a) of this section--
    (1) May not have a manual shutoff;

[[Page 450]]

    (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;
    (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 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.

[[Page 451]]

    (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; Amdt. 121-307, 69 FR 67499, Nov. 17, 2004]



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 Sec. Sec. 121.305 through 
121.359 and 121.803 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 Sec. Sec. 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 Sec. Sec. 121.213 through 121.283 and 121.289.
    (2) Instruments and equipment specified in Sec. Sec. 121.305 
through 121.321, 121.359, 121.360, and 121.803 for all operations, and 
the instruments and equipment specified in Sec. Sec. 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; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



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 required when a third attitude instrument system 
usable through flight attitudes of 360[deg] of pitch and roll

[[Page 452]]

is installed in accordance with paragraph (k) 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 airplane 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 is installed in accordance 
with paragraph (k) of this section:
    (1) On each turbojet powered airplane.
    (2) On each turbopropeller powered airplane having a passenger-seat 
configuration of more than 30 seats, excluding each crewmember seat, or 
a payload capacity of more than 7,500 pounds.
    (3) On each turbopropeller powered airplane having a passenger-seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less that is manufactured on or 
after March 20, 1997.
    (4) After December 20, 2010, on each turbopropeller powered airplane 
having a passenger seat configuration of 10-30 seats and a payload 
capacity of 7,500 pounds or less 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; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]



Sec. 121.306  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 U.S.-
registered civil aircraft operating under this part.
    (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 part 119 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c) The determination required by paragraph (b)(5) of this section 
shall be made by that part 119 certificate holder operating the 
particular device to be used.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



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.

[[Page 453]]

    (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 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 Sec. Sec. 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:

[[Page 454]]

    (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.
    (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) [Reserved]
    (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; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



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

[[Page 455]]

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 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) Except as provided in paragraph (b)(2)(iii) of this section, 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 a transport category 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.
    (iii) For a nontransport category turbopropeller powered airplane 
type certificated after December 31, 1964, each passenger emergency exit 
marking and each locating sign must be manufactured to meet the 
requirements of Sec. 23.811(b) of this chapter. On these airplanes, no 
sign may continue to be used if its luminescence (brightness) decreases 
to below 100 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

[[Page 456]]

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 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) For each Type I or Type II emergency exit equipped with an 
assist means, there must be enough space next to the 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. In addition, all airplanes 
manufactured on or after November 26, 2008 must comply with the 
provisions of

[[Page 457]]

Sec. Sec. 25.813(b)(1), (b)(2), (b)(3) and (b)(4) in effect on November 
26, 2004. However, a deviation from this requirement may be authorized 
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 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 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) No person may operate an airplane manufactured after November 
27, 2006, that incorporates a door installed between any passenger seat 
occupiable for takeoff and landing and any passenger emergency exit, 
such that the door crosses any egress path (including aisles, 
crossaisles and passageways).
    (7) 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.

[[Page 458]]

    (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:
    (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) Emergency exit features. (1) Each transport category airplane 
manufactured after November 26, 2007 must comply with the provisions of 
Sec. 25.809(i) and
    (2) After November 26, 2007 each transport category airplane must 
comply with the provisions of Sec. 25.813(b)(6)(ii) in effect on 
November 26, 2007.
    (m) Except for an airplane used in operations under this part on 
October 16,

[[Page 459]]

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.
    (n) 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. 2033, 30 FR 3205, Mar. 9, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 
121.310, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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 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).

[[Page 460]]

    (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.
    (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

[[Page 461]]

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 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,

[[Page 462]]

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, 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.
    (e) Thermal/acoustic insulation materials. For transport category 
airplanes type certificated after January 1, 1958:
    (1) For airplanes manufactured before September 2, 2005, when 
thermal/acoustic insulation materials are installed in the fuselage as 
replacements after September 2, 2005, those materials must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.
    (2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.
    (3) For airplanes with a passenger capacity of 20 or greater, 
manufactured after September 3, 2007, thermal/acoustic insulation 
materials installed in the lower half of the fuselage must meet the 
flame penetration resistance requirements of Sec. 25.856 of this 
chapter, effective September 2, 2003.

[Doc. No. 28154, 60 FR 65930, Dec. 20, 1995, as amended by Amdt. 121-
301, 68 FR 45083, July 31, 2003]

[[Page 463]]



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 Sec. Sec. 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 (i.e., 
flightdeck door), 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. For airplanes equipped with a 
crew rest area having separate entries from the flightdeck and the 
passenger compartment, a door with such a locking means must be provided 
between the crew rest area and the passenger compartment.
    (g) A key for each door that separates a passenger compartment from 
another compartment that has emergency exit provisions. Except for 
flightdeck doors, a key must be readily available for each crewmember. 
Except as provided below, no person other than a person who is assigned 
to perform duty on the flightdeck may have a key to the flightdeck door. 
Before April 22, 2003, any crewmember may have a key to the flightdeck 
door but only if the flightdeck door has an internal flightdeck locking 
device installed, operative, and in use. Such ``internal flightdeck 
locking device'' has to be designed so that it can only be unlocked from 
inside the flightdeck.
    (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.
    (j) After April 9, 2003, for airplanes required by paragraph (f) of 
this section to have a door between the passenger and pilot or crew rest 
compartments, and for transport category, all-cargo airplanes that have 
a door installed between the pilot compartment and any other occupied 
compartment on January 15, 2002;
    (1) After April 9, 2003, for airplanes required by paragraph (f) of 
this section to have a door between the passenger and pilot or crew rest 
compartments,
    (i) Each such door must meet the requirements of Sec. 25.795(a)(1) 
and (2) in effect on January 15, 2002; and
    (ii) Each operator must establish methods to enable a flight 
attendant to enter the pilot compartment in the event that a flightcrew 
member becomes incapacitated. Any associated signal or confirmation 
system must be operable by each flightcrew member from that flightcrew 
member's duty station.
    (2) After October 1, 2003, for transport category, all-cargo 
airplanes that had a door installed between the pilot compartment and 
any other occupied compartment on or after January 15, 2002,

[[Page 464]]

each such door must meet the requirements of Sec. 25.795(a)(1) and (2) 
in effect on January 15, 2002; or the operator must implement a security 
program approved by the Transportation Security Administration (TSA) for 
the operation of all airplanes in that operator's fleet.

[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; 
Amdt. 121-288, 67 FR 2127, Jan. 15, 2002; Amdt. 121-299, 68 FR 42881, 
July 18, 2003]



Sec. 121.314  Cargo and baggage compartments.

    For each transport category airplane type certificated after January 
1, 1958:
    (a) Each Class C or Class D compartment, as defined in Sec. 25.857 
of this Chapter in effect on June 16, 1986 (see Appendix L to this 
part), that is greater than 200 cubic feet in volume 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 paragraph (a) of 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.
    (c) After March 19, 2001, each Class D compartment, regardless of 
volume, must meet the standards of Sec. Sec. 25.857(c) and 25.858 of 
this Chapter for a Class C compartment unless the operation is an all-
cargo operation in which case each Class D compartment may meet the 
standards in Sec. 25.857(e) for a Class E compartment.
    (d) Reports of conversions and retrofits. (1) Until such time as all 
Class D compartments in aircraft operated under this part by the 
certificate have been converted or retrofitted with appropriate 
detection and suppression systems, each certificate holder must submit 
written progress reports to the FAA that contain the information 
specified below.
    (i) The serial number of each airplane listed in the operations 
specifications issued to the certificate holder for operation under this 
part in which all Class D compartments have been converted to Class C or 
Class E compartments;
    (ii) The serial number of each airplane listed in the operations 
specification issued to the certificate holder for operation under this 
part, in which all Class D compartments have been retrofitted to meet 
the fire detection and suppression requirements for Class C or the fire 
detection requirements for Class E; and
    (iii) The serial number of each airplane listed in the operations 
specifications issued to the certificate holder for operation under this 
part that has at least one Class D compartment that has not been 
converted or retrofitted.
    (2) The written report must be submitted to the Certificate Holding 
District Office by July 1, 1998, and at each three-month interval 
thereafter.

[Doc. No. 28937, 63 FR 8049, Feb. 17, 1998]



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]

[[Page 465]]



Sec. 121.317  Passenger information requirements, smoking prohibitions, 
and additional seat belt requirements.

    (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 airplane on a flight on which smoking 
is prohibited by part 252 of this title unless either the ``No Smoking'' 
passenger information signs are lighted during the entire flight, or one 
or more ``No Smoking'' placards meeting the requirements of Sec. 
25.1541 of this chapter 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.
    (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 
while ``No Smoking'' placards are posted, except as follows:
    (1) Supplemental operations. The pilot in command of an airplane 
engaged in a supplemental operation may authorize smoking on the flight 
deck (if it is physically separated from any passenger compartment), but 
not in any of the following situations:
    (i) During airplane movement on the surface or during takeoff or 
landing;
    (ii) During scheduled passenger-carrying public charter operations 
conducted under part 380 of this title; or
    (iii) During any operation where smoking is prohibited by part 252 
of this title or by international agreement.
    (2) Certain intrastate domestic operations. Except during airplane 
movement on the surface or during takeoff or landing, a pilot in command 
of an airplane engaged in a domestic operation may authorize smoking on 
the flight deck (if it is physically separated from the passenger 
compartment) if--
    (i) Smoking on the flight deck is not otherwise prohibited by part 
252 of this title;
    (ii) The flight is conducted entirely within the same State of the 
United States (a flight from one place in Hawaii to another place in 
Hawaii through the airspace over a place outside of Hawaii is not 
entirely within the same State); and
    (iii) The airplane is either not turbojet-powered or the airplane is 
not capable of carrying at least 30 passengers.
    (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

[[Page 466]]

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; Amdt. 121-277, 
65 FR 36779, June 9, 2000]



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;
    (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

[[Page 467]]

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 under this part unless it 
is equipped with the following instruments and equipment in addition to 
those required by Sec. Sec. 121.305 through 121.321 and 121.803:
    (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; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



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 under this part unless it is equipped with the following 
instruments and equipment, in addition to those required by Sec. Sec. 
121.305 through 121.321 and 121.803:
    (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.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended at Amdt. 121-281, 
66 FR 19043, Apr. 12, 2001



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.
    (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

[[Page 468]]

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 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

[[Page 469]]

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 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]

[[Page 470]]



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, in accordance with 
the following:
    (i) The one pilot need not wear and use an oxygen mask at or below 
the following flight levels 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:
    (A) For airplanes having a passenger seat configuration of more than 
30 seats, excluding any required crewmember seat, or a payload capacity 
of more than 7,500 pounds, at or below flight level 410.
    (B) For airplanes having a passenger seat configuration of less than 
31 seats, excluding any required crewmember seat, and a payload capacity 
of 7,500 pounds or less, at or below flight level 350.
    (ii) Whenever a quick-donning type of oxygen mask is to be used 
under this section, 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. After 
November 28, 2005 each mask used for portable oxygen equipment must be 
connected to its oxygen supply. Above flight level 250, one of the 
following is required:
    (1) Each attendant shall carry portable oxygen equipment with a 15 
minute supply of oxygen; or

[[Page 471]]

    (2) There must be sufficient portable oxygen equipment (including 
masks and spare outlets) distributed throughout the cabin so that such 
equipment is immediately available to each attendant, regardless of 
their location in the cabin; or
    (3) There are sufficient spare outlets and masks distributed 
throughout the cabin to ensure immediate availability of oxygen to each 
cabin attendant, regardless of their location in the cabin.
    (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; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997; 
Amdt. 121-306, 69 FR 62789, Oct. 27, 2004]



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 Sec. Sec. 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

[[Page 472]]

requirements of this section is provided as follows:
    (1) General. The equipment must protect the flightcrew from the 
effects of smoke, carbon dioxide or other harmful gases or an oxygen 
deficient environment caused by other than an airplane depressurization 
while on flight deck duty and must protect crewmembers from the above 
effects while combatting fires on board the airplane.
    (2) The equipment must be inspected regularly in accordance with 
inspection guidelines and the inspection periods established by the 
equipment manufacturer to ensure its condition for continued 
serviceability and immediate readiness to perform its intended emergency 
purposes. The inspection periods may be changed upon a showing by the 
certificate holder that the changes would provide an equivalent level of 
safety.
    (3) That part of the equipment protecting the eyes must not impair 
the wearer's vision to the extent that a crewmember's duties cannot be 
accomplished and must allow corrective glasses to be worn without 
impairment of vision or loss of the protection required by paragraph 
(b)(1) of this section.
    (4) The equipment, while in use, must allow the flightcrew to 
communicate using the airplane radio equipment and to communicate by 
interphone with each other while at their assigned duty stations. The 
equipment, while in use, must also allow crewmember interphone 
communications between each of two flight crewmember stations in the 
pilot compartment and at least one normal flight attendant station in 
each passenger compartment.
    (5) The equipment, while in use, must allow any crewmember to use 
the airplane interphone system at any of the flight attendant stations 
referred to in paragraph (b)(4) of this section.
    (6) The equipment may also be used to meet the supplemental oxygen 
requirements of this part provided it meets the oxygen equipment 
standards of 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

[[Page 473]]

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 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 beyond the rated 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]

[[Page 474]]



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.
    (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

[[Page 475]]

the following may be determined within the ranges, accuracies, and 
recording intervals specified in appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (b) No person may operate a large airplane type certificated up to 
and including September 30, 1969, for operations above 25,000 feet 
altitude, or a turbine-engine powered airplane certificated before the 
same date, unless it is equipped before May 26, 1989 with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (c) 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

[[Page 476]]

part that are available on the digital data bus must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified.
    (f) After October 11, 1991, no person may operate an airplane 
specified in paragraph (b) of this section that is manufactured after 
October 11, 1991, nor an airplane specified in paragraph (a) of this 
section that has been type certificated after September 30, 1969, and 
manufactured after October 11, 1991, unless it is equipped with one or 
more flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The parameters specified in appendix B of this part must 
be recorded within the ranges, accuracies, resolutions, and sampling 
intervals specified.
    (g) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as appropriate, until the 
airplane has been operated for at least 25 hours of the operating time 
specified in 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

[[Page 477]]

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 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   Digital flight data recorders for transport category 
airplanes.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows: The phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (a)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in Appendix M of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;

[[Page 478]]

    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, control 
column, rudder pedal).
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by August 20, 2001.
    (1) For airplanes not equipped as of July 16, 1996, with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) 
through (a)(18) of this section must be recorded within the ranges and 
accuracies specified in Appendix B of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that parameter;
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airplanes that were equipped as of July 16, 1996, with a 
flight data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(22) of this section must be recorded within the 
ranges, accuracies, and recording intervals specified in Appendix M of 
this part. Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.

[[Page 479]]

    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after August 18, 1999 and no later than August 
20, 2001. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991--
    (1) That were equipped as of July 16, 1996, with one or more digital 
data bus(es) and an ARINC 717 digital flight data acquisition unit 
(DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) 
through (a)(22) of this section must be recorded within the ranges, 
accuracies, resolutions, and sampling intervals specified in Appendix M 
of this part by August 20, 2001. Parameters listed in paragraphs (a)(12) 
through (a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system (DFDAU or 
equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this part 
by August 20, 2001.
    (3) That were subject to Sec. 121.343(e) of this part, all 
conditions of Sec. 121.343(e) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes that 
were manufactured after October 11, 1991--
    (1) The parameters listed in paragraph (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix M of this 
part by August 20, 2001. Parameters listed in paragraphs (a)(12) through 
(a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part by August 20, 2001.
    (e) For all turbine-engine-powered transport category airplanes that 
are manufactured after August 18, 2000--
    (1) The parameters listed in paragraph (a)(1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part.
    (f) For all turbine-engine-powered transport category airplanes that 
are manufactured after August 19, 2002 the parameters listed in 
paragraph (a)(1) through (a)(88) of this section must be recorded within 
the ranges, accuracies, resolutions, and recording intervals specified 
in Appendix M of this part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (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 by 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) of 
this part. 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 
49 CFR 830 of its

[[Page 480]]

regulations and that results in termination of the flight, the 
certificate holder shall remove the recorder from the airplane and keep 
the recorder data prescribed by 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 data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system 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 sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes that were manufactured before August 18, 
1997 need not comply with this section, but must continue to comply with 
applicable paragraphs of Sec. 121.343 of this chapter, as appropriate:
    (1) Airplanes that meet the State 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under Part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) British Aerospace 1-11, General Dynamics Convair 580, General 
Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft 
Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except 
Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, 
Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A, 
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft 
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188, 
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries, 
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited 
SD3-30, Short Bros. Limited SD3-60.

[Doc. No. 28109, 62 FR 38378, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 121-300, 68 FR 42936, July 18, 2003; 68 FR 
50069, Aug. 20, 2003]



Sec. 121.344a  Digital flight data recorders for 10-19 seat airplanes.

    (a) Except as provided in paragraph (f) of this section, no person 
may operate under this part a turbine-engine-powered airplane having a 
passenger seating configuration, excluding any required crewmember seat, 
of 10 to 19 seats, that was brought onto the U.S. register after, or was 
registered outside the United States and added to the operator's U.S. 
operations specifications after, October 11, 1991, unless it is equipped 
with one or more approved flight recorders that use a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. On or before August 20, 2001, airplanes brought 
onto the U.S. register after October 11, 1991, must comply with either 
the requirements in this section or the applicable paragraphs in Sec. 
135.152 of this chapter. In addition, by August 20, 2001.
    (1) The parameters listed in Sec. Sec. 121.344(a)(1) through 
121.344(a)(18) of this part must be recorded with the ranges, 
accuracies, and resolutions specified in Appendix B of part 135 of this 
chapter, except that--
    (i) Either the parameter listed in Sec. 121.344 (a)(12) or (a)(15) 
of this part must be recorded; either the parameters listed in Sec. 
121.344(a)(13) or (a)(16)

[[Page 481]]

of this part must be recorded; and either the parameter listed in Sec. 
121.344(a)(14) or (a)(17) of this part must be recorded.
    (ii) For airplanes with more than two engines, the parameter 
described in Sec. 121.344(a)(18) of this part must also be recorded if 
sufficient capacity is available on the existing recorder to record that 
parameter;
    (iii) Parameters listed in Sec. Sec. 121.344(a)(12) through 
121.344(a)(17) of this part each may be recorded from a single source;
    (iv) Any parameter for which no value is contained in Appendix B of 
part 135 of this chapter must be recorded within the ranges, accuracies, 
and resolutions specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system (FDAU or 
equivalent and the DFDR), the parameters listed in Sec. Sec. 
121.344(a)(19) through 121.344(a)(22) of this part also must be recorded 
within the ranges, accuracies, resolutions, and recording intervals 
specified in Appendix B of part 135 of this chapter.
    (3) The approved flight recorder required by this section must be 
installed as soon as practicable, but no later than the next heavy 
maintenance check or equivalent after August 18, 1999. A heavy 
maintenance check is considered to be any time an airplane is scheduled 
to be out of service for 4 more days and is scheduled to include access 
to major structural components.
    (b) For a turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat, of 10 to 
19 seats, that are manufactured after August 18, 2000.
    (1) The parameters listed in Sec. Sec. 121.344(a)(1) through 
121.344(a)(57) of this part, must be recorded within the ranges, 
accuracies, resolutions, and recording intervals specified in Appendix M 
of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters listed in Sec. 121.344(a) of this part for which 
information sources are installed and which are connected to the 
recording system, must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this part 
by August 20, 2001.
    (c) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seats, of 10 to 
19 seats, that are manufactured after August 19, 2002, the parameters 
listed in Sec. 121.344(a)(1) through (a)(88) of this part must be 
recorded within the ranges, accuracies, resolutions, and recording 
intervals specified in Appendix M of this part.
    (d) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 23.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. A single 
correlation may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system 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 sensors associated with the flight data 
recorder system. Correlation documentation must be maintained by the 
certificate holder.
    (e) All airplanes subject to this section are also subject to the 
requirements and exceptions stated in Sec. Sec. 121.344(g) through 
121.344(k) of this part.
    (f) For airplanes that were manufactured before August 18, 1997, the 
following airplane types need not comply with this section, but must 
continue to comply with applicable paragraphs of Sec. 135.152 of this 
chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300, 
Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212, 
deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110,

[[Page 482]]

Jetstream 3101, Jetstream 3201, Fairchild Aircraft SA-226, Fairchild 
Metro SA-227.

[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62 FR 48135, Sept. 12, 
1997; 62 FR 65202, Dec. 11, 1997, as amended by Amdt. 121-300, 68 FR 
42936, July 18, 2003]



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 Sec. Sec. 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



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.

[[Page 483]]

    (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
    (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

[[Page 484]]

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. 121.354  Terrain awareness and warning system.

    (a) Airplanes manufactured after March 29, 2002. No person may 
operate a turbine-powered airplane unless that airplane is equipped with 
an approved terrain awareness and warning system that meets the 
requirements for Class A equipment in Technical Standard Order (TSO)-
C151. The airplane must also include an approved terrain situational 
awareness display.
    (b) Airplanes manufactured on or before March 29, 2002. No person 
may operate a turbine-powered airplane after March 29, 2005, unless that 
airplane is equipped with an approved terrain awareness and warning 
system that meets the requirements for Class A equipment in Technical 
Standard Order (TSO)-C151. The airplane must also include an approved 
terrain situational awareness display.

(Approved by the Office of Management and Budget under control number 
2120-0631)

    (c) Airplane Flight Manual. The Airplane Flight Manual shall contain 
appropriate procedures for--
    (1) The use of the terrain awareness and warning system; and
    (2) Proper flight crew reaction in response to the terrain awareness 
and warning system audio and visual warnings.

[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]



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  Collision avoidance system.

    Effective January 1, 2005, any airplane you operate under this part 
must be equipped and operated according to the following table:

[[Page 485]]



                       Collision Avoidance Systems
------------------------------------------------------------------------
                                            Then you must operate that
          If you operate any--                   airplane with--
------------------------------------------------------------------------
(a) Turbine-powered airplane of more     (1) An appropriate class of
 than 33,000 pounds maximum               Mode S transponder that meets
 certificated takeoff weight.             Technical Standard Order (TSO)
                                          C-112, or a later version, and
                                          one of the following approved
                                          units:
                                         (i) TCAS II that meets TSO C-
                                          119b (version 7.0), or takeoff
                                          weight a later version.
                                         (ii) TCAS II that meets TSO C-
                                          119a (version 6.04A Enhanced)
                                          that was installed in that
                                          airplane before May 1, 2003.
                                          If that TCAS II version 6.04A
                                          Enhanced no longer can be
                                          repaired to TSO C-119a
                                          standards, it must be replaced
                                          with a TCAS II that meets TSO
                                          C-119b (version 7.0), or a
                                          later version.
                                         (iii) A collision avoidance
                                          system equivalent to TSO C-
                                          119b (version 7.0), or a later
                                          version, capable of
                                          coordinating with units that
                                          meet TSO C-119a (version 6.04A
                                          Enhanced), or a later version.
(b) Passenger or combination cargo/      (1) TCAS I that meets TSO C-
 passenger (combi) airplane that has a    118, or a later version, or
 passenger seat configuration of 10-30   (2) A collision avoidance
 seats.                                   system equivalent to has a TSO
                                          C-118, or a later version, or
                                         (3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
(c) Piston-powered airplane of more      (1) TCAS I that meets TSO C-
 than 33,000 pounds maximum               118, or a later version, or
 certificated takeoff weight.            (2) A collision avoidance
                                          system equivalent to maximum
                                          TSO C-118, or a later version,
                                          or
                                         (3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
------------------------------------------------------------------------


[Doc. No. FAA-2001-10910, 68 FR 15902, Apr. 1, 2003]



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.

[[Page 486]]

    (b) Airplanes manufactured before January 3, 1991. Except as 
provided in paragraph (c) of this section, after January 2, 1991, no 
person may operate a turbine-powered airplane manufactured before 
January 3, 1991 unless it meets one of the following requirements as 
applicable.
    (1) The makes/models/series listed below must be equipped with 
either an approved airborne windshear warning and flight guidance 
system, an approved airborne detection and avoidance system, or an 
approved combination of these systems:
    (i) A-300-600;
    (ii) A-310--all series;
    (iii) A-320--all series;
    (iv) B-737-300, 400, and 500 series;
    (v) B-747-400;
    (vi) B-757--all series;
    (vii) B-767--all series;
    (viii) F-100--all series;
    (ix) MD-11--all series; and
    (x) MD-80 series equipped with an EFIS and Honeywell-970 digital 
flight guidance computer.
    (2) All other turbine-powered airplanes not listed above must be 
equipped with as a minimum requirement, an approved airborne windshear 
warning system. These airplanes may be equipped with an approved 
airborne windshear detection and avoidance system, or an approved 
combination of these systems.
    (c) Extension of the compliance date. A certificate holder may 
obtain an extension of the compliance date in paragraph (b) of this 
section if it obtains FAA approval of a retrofit schedule. To obtain 
approval of a retrofit schedule and show continued compliance with that 
schedule, a certificate holder must do the following:
    (1) Submit a request for approval of a retrofit schedule by June 1, 
1990, to the Flight Standards Division Manager in the region of the 
certificate holding district office.
    (2) Show that all of the certificate holder's airplanes required to 
be equipped in accordance with this section will be equipped by the 
final compliance date established for TCAS II retrofit.
    (3) Comply with its retrofit schedule and submit status reports 
containing information acceptable to the Administrator. The initial 
report must be submitted by January 2, 1991, and subsequent reports must 
be submitted every six months thereafter until completion of the 
schedule. The reports must be submitted to the certificate holder's 
assigned Principal Avionics Inspector.
    (d) Definitions. For the purposes of this section the following 
definitions apply--
    (1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-, 
propfan-, and ultra-high bypass fan-powered airplanes. The definition 
specifically excludes turbopropeller-powered airplanes.
    (2) An airplane is considered manufactured on the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA Approved Type Design data.

[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.

[[Page 487]]

    (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.
    (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

[[Page 488]]

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.
    (g) This section expires on March 29, 2005.

[Doc. No. 28154, 60 FR 65933, Dec. 20, 1995, as amended by Amdt. 121-
273, 65 FR 16755, Mar. 29, 2000]



     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 alterations for all certificate holders.
    (b) The Administrator may amend a certificate holder's operations 
specifications to permit deviation from those provisions of this subpart 
that would prevent the return to service and use of airframe components, 
powerplants, appliances, and spare parts thereof because those items 
have been maintained, altered, or inspected by persons employed outside 
the United States who do not hold U.S. airman certificates. Each 
certificate holder who uses parts under this deviation must provide for 
surveillance of facilities and practices to assure that all work 
performed on these parts is accomplished in accordance with the 
certificate holder's manual.

[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

[[Page 489]]

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. 121.368  Aging airplane inspections and records reviews.

    (a) Applicability. This section applies to all airplanes operated by 
a certificate holder under this part, except for those airplanes 
operated between any point within the State of Alaska and any other 
point within the State of Alaska.
    (b) Operation after inspection and records review. After the dates 
specified in this paragraph, a certificate holder may not operate an 
airplane under this part unless the Administrator has notified the 
certificate holder that the Administrator has completed the aging 
airplane inspection and records review required by this section. During 
the inspection and records review, the certificate holder must 
demonstrate to the Administrator that the maintenance of age-sensitive 
parts and components of the airplane has been adequate and timely enough 
to ensure the highest degree of safety.
    (1) Airplanes exceeding 24 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has exceeded 24 years in service on December 8, 2003, no later than 
December 5, 2007, and thereafter at intervals not to exceed 7 years.
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records reviews. For an airplane that has exceeded 14 years in service 
but not 24 years in service on December 8, 2003, no later than December 
4, 2008, and thereafter at intervals not to exceed 7 years.
    (3) Airplanes not exceeding 14 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has not exceeded 14 years in service on December 8, 2003, no later 
than 5 years after the start of the airplane's 15th year in service and 
thereafter at intervals not to exceed 7 years.
    (c) Unforeseen schedule conflict. In the event of an unforeseen 
scheduling conflict for a specific airplane, the Administrator may 
approve an extension of up to 90 days beyond an interval specified in 
paragraph (b) of this section.
    (d) Airplane and records availability. The certificate holder must 
make available to the Administrator each airplane for which an 
inspection and records review is required under this section, in a 
condition for inspection specified by the Administrator, together with 
records containing the following information:
    (1) Total years in service of the airplane;
    (2) Total flight hours of the airframe;
    (3) Total flight cycles of the airframe;
    (4) Date of the last inspection and records review required by this 
section;
    (5) Current status of life-limited parts of the airframe;
    (6) Time since the last overhaul of all structural components 
required to be overhauled on a specific time basis;
    (7) Current inspection status of the airplane, including the time 
since the last inspection required by the inspection program under which 
the airplane is maintained;
    (8) Current status of the following, including the method of 
compliance:
    (i) Airworthiness directives;

[[Page 490]]

    (ii) Corrosion Prevention and Control Programs; and
    (iii) Inspections and procedures required by Sec. 121.370a of this 
part;
    (9) A list of major structural alterations; and
    (10) A report of major structural repairs and the current inspection 
status for those repairs.
    (e) Notification to Administrator. Each certificate holder must 
notify the Administrator at least 60 days before the date on which the 
airplane and airplane records will be made available for the inspection 
and records review.

[Doc. No. FAA-1999-5401, 67 FR 72761, Dec. 6, 2002]



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 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. 121.370  Special maintenance program requirements.

    (a) No certificate holder may operate an Airbus Model A300 
(excluding the -600 series), British Aerospace Model

[[Page 491]]

BAC 1-11, Boeing Model 707, 720, 727, 737, or 747, McDonnel Douglas 
Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or Lockheed Model L-
1011 airplane beyond the applicable flight cycle implementation time 
specified below, or May 25, 2001, whichever occurs later, unless 
operations specifications have been issued to reference repair 
assessment guidelines applicable to the fuselage pressure boundary 
(fuselage skin, door skin, and bulkhead webs), and those guidelines are 
incorporated in its maintenance program. The repair assessment 
guidelines must be approved by the FAA Aircraft Certification Office 
(ACO), or office of the Transport Airplane Directorate, having 
cognizance over the type certificate for the affected airplane.
    (1) For the Airbus Model A300 (excluding the -600 series), the 
flight cycle implementation time is:
    (i) Model B2: 36,000 flights.
    (ii) Model B4-100 (including Model B4-2C): 30,000 flights above the 
window line, and 36,000 flights below the window line.
    (iii) Model B4-200: 25,500 flights above the window line, and 34,000 
flights below the window line.
    (2) For all models of the British Aerospace BAC 1-11, the flight 
cycle implementation time is 60,000 flights.
    (3) For all models of the Boeing 707, the flight cycle 
implementation time is 15,000 flights.
    (4) For all models of the Boeing 720, the flight cycle 
implementation time is 23,000 flights.
    (5) For all models of the Boeing 727, the flight cycle 
implementation time is 45,000 flights.
    (6) For all models of the Boeing 737, the flight cycle 
implementation time is 60,000 flights.
    (7) For all models of the Boeing 747, the flight cycle 
implementation time is 15,000 flights.
    (8) For all models of the McDonnell Douglas DC-8, the flight cycle 
implementation time is 30,000 flights.
    (9) For all models of the McDonnell Douglas DC-9/MD-80, the flight 
cycle implementation time is 60,000 flights.
    (10) For all models of the McDonnell Douglas DC-10, the flight cycle 
implementation time is 30,000 flights.
    (11) For all models of the Lockheed L-1011, the flight cycle 
implementation time is 27,000 flights.
    (12) For the Fokker F-28 Mark 1000, 2000, 3000, and 4000, the flight 
cycle implementation time is 60,000 flights.
    (b) After December 16, 2008, no certificate holder may operate a 
turbine-powered transport category airplane with a type certificate 
issued after January 1, 1958 and either a maximum type certificated 
passenger capacity of 30 or more, or a maximum type certificated payload 
capacity of 7,500 pounds or more, unless instructions for maintenance 
and inspection of the fuel tank system are incorporated in its 
maintenance program. These instructions must address the actual 
configuration of the fuel tank systems of each affected airplane and 
must be approved by the FAA Aircraft Certification Office (ACO), or 
office of the Transport Airplane Directorate, having cognizance over the 
type certificate for the affected airplane. Operators must submit their 
request through an appropriate FAA Principal Maintenance Inspector, who 
may add comments and then send it to the manager of the appropriate 
office. Thereafter, the approved instructions can be revised only with 
the approval of the FAA Aircraft Certification Office (ACO), or office 
of the Transport Airplane Directorate, having cognizance over the type 
certificate for the affected airplane. Operators must submit their 
requests for revisions through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the manager of the 
appropriate office.

[Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 FR 50744, Aug. 21, 2000, 
as amended by Amdt. 121-282, 66 FR 23130, May 7, 2001; Amdt. 121-295, 67 
Fr 72834, Dec. 9, 2002; Amdt. 121-305, 69 FR 45942, July 30, 2004]



Sec. 121.370a  Supplemental inspections.

    (a) Applicability and general requirements. After December 5, 2007, 
a certificate holder may not operate an airplane under this part unless 
the maintenance program for that airplane includes damage-tolerance-
based inspections and procedures. Paragraphs (b), (c), and (d) of this 
section list the exceptions to this requirement. This section does not 
apply to an airplane operated by a certificate holder under this

[[Page 492]]

part between any point within the State of Alaska and any other point 
within the State of Alaska.
    (b) New model added through type certificate amendment. This 
paragraph applies to each airplane added to a type certificate after 
December 8, 2003, that has a certification basis that does not include a 
requirement for damage-tolerance-based inspections and procedures. A 
certificate holder may not operate that airplane more than 4 years after 
the date of the type certificate amendment unless the maintenance 
program for that airplane includes damage-tolerance-based inspections 
and procedures.
    (c) Design-life goal airplanes. If on or after December 5, 2007, the 
time in service of an airplane reaches the design-life goal listed in 
appendix N to this part, the certificate holder may operate that 
airplane until the date the airplane's time in service reaches the 
design-life goal or until December 20, 2010, whichever occurs sooner. 
After that date, the certificate holder may not operate the airplane 
unless the maintenance program for that airplane includes damage-
tolerance-based inspections and procedures.
    (d) Airworthiness directive-mandated service-history-based 
inspections. Until December 20, 2010, a certificate holder may operate 
an airplane for which an airworthiness directive requires the 
maintenance program to include service-history-based inspections and 
procedures. After that date, the certificate holder may not operate the 
airplane unless the maintenance program for that airplane includes 
damage-tolerance-based inspections and procedures.
    (e) Approvals. The inspections and procedures required by this 
section to be included in the certificate holder's maintenance program 
for an airplane must be approved by the FAA Aircraft Certification 
Office or office of the Small Airplane Directorate or Transport Airplane 
Directorate having cognizance over the type certificate for the affected 
airplane.

[Doc. No. FAA-1999-5401, 67 FR 72761, Dec. 6, 2002]



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 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

[[Page 493]]

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 a certificated repair station that is 
located outside the United States, 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 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; Amdt. 121-286, 66 FR 41116, Aug. 6, 2001]



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 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.

[[Page 494]]

    (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).
    (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.

[[Page 495]]



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.
    (d) On each flight requiring a flight engineer at least one flight 
crewmember, other than the flight engineer, must be qualified to provide 
emergency performance of the flight engineer's functions for the safe 
completion of the flight if the flight engineer becomes ill or is 
otherwise incapacitated. A pilot need not hold a flight engineer's 
certificate to perform the flight engineer's functions in such a 
situation.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982; 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 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;

[[Page 496]]

    (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, 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

[[Page 497]]

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 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

[[Page 498]]

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 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

[[Page 499]]

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 flight training center 
certificated under part 142 of this chapter is eligible under this 
subpart to provide flight 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 Sec. Sec. 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, as amended by Amdt. 121-263, 
62 FR 13791, Mar. 21, 1997]



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.



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

[[Page 500]]

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.
    (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.

[[Page 501]]

    (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 Sec. Sec. 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
    (4) Is given by an instructor who meets the applicable requirements 
of Sec. 121.412.

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--

[[Page 502]]

    (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 Sec. Sec. 
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; Amdt. 121-264, 62 FR 23120, Apr. 
28, 1997]



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 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

[[Page 503]]

    (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 March 19, 1997 that person need not hold a type rating for 
the airplane type involved provided that he or she only provides the 
instruction described in Sec. Sec. 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

[[Page 504]]

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) Flight instructors who have reached their 60th birthday, or who 
do not hold an appropriate medical certificate, may function as flight 
instructors, but may not serve as pilot flight crewmembers 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; 
62 FR 3739, Jan. 24, 1997; Amdt. 121-264, 62 FR 23120, Apr. 28, 1997]



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 March 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 
approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
airplane to 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:

[[Page 505]]

    (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; 62 FR 3739, Jan. 24, 1997; 
Amdt. 121-264, 62 FR 23120, Apr. 28, 1997]



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 March 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;
    (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.

[[Page 506]]

    (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; 62 FR 3739, Jan. 24, 1997]



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 
Sec. Sec. 121.419 through 121.422, as applicable.
    (3) For crewmembers, emergency training as specified in Sec. Sec. 
121.417 and 121.805.
    (b) Each training program must provide the flight training specified 
in Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 121.419 through 121.425 for transition or 
upgrade training, as applicable, may be omitted, or the programmed hours 
of ground instruction or inflight training may be reduced, as provided 
in 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

[[Page 507]]

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; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



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) [Reserved]
    (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) [Reserved]
    (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
    (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

[[Page 508]]

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.
    (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, which appears in the

[[Page 509]]

Finding Aids section of the printed volume and on GPO Access.



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 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]

[[Page 510]]



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 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;

[[Page 511]]

    (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--
    (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

[[Page 512]]

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.
    (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. Sec. 121.415(a) and 121.805, as appropriate, 
including emergency training (not required for aircraft dispatchers).

[[Page 513]]

    (3) For flight attendants and dispatchers, a competence check as 
required by Sec. Sec. 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 Sec. Sec. 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; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



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 
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:

[[Page 514]]

    (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 Sec. Sec. 121.411 through 
121.414 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; Amdt. 121-263, 62 FR 13791, Mar. 21, 1997]



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:
    (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

[[Page 515]]

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 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]

[[Page 516]]



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 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).

[[Page 517]]

    (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 Sec. Sec. 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 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

[[Page 518]]

    (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 Sec. Sec. 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) No certificate holder may use nor may any pilot act as a pilot 
in a capacity other than those specified in paragraph (a) of this 
section unless the pilot holds at least a commercial pilot certificate 
with appropriate category and class ratings for the aircraft concerned, 
and an instrument rating. Notwithstanding the requirements of Sec. 
61.63 (b) and (c) of this chapter, a pilot who is currently employed by 
a certificate holder and meets applicable training requirements of 
subpart N of this part, and the proficiency check requirements of Sec. 
121.441, may be issued the appropriate category and class ratings by 
presenting proof of compliance with those requirements to a Flight 
Standards District Office.

[Doc. No. 6258, 29 FR 19215, Dec. 31, 1964, as amended by Amdt. 121-148, 
43 FR 46235, Oct. 5, 1978; 44 FR 25202, Apr. 30, 1979; Amdt. 121-207, 54 
FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2612, Jan. 26, 1996; 
Amdt. 121-262, 62 FR 13257, Mar. 19, 1997]



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
    (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.

[[Page 519]]

    (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 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

[[Page 520]]

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.
    (b) Except as provided in paragraphs (c) and (d) of this section, a 
proficiency check must meet the following requirements:
    (1) It must include at least the procedures and maneuvers set forth 
in appendix F to this part unless otherwise specifically provided in 
that appendix.
    (2) It must be given by the Administrator or a pilot check airman.
    (c) An approved airplane simulator or other appropriate training 
device may be used in the conduct of a proficiency check as provided in 
appendix F to this part.
    (d) A person giving a proficiency check may, in his discretion, 
waive any of the maneuvers or procedures for which a specific waiver 
authority is set forth in appendix F to this part if--
    (1) The Administrator has not specifically required the particular 
maneuver or procedure to be performed;
    (2) The pilot being checked is, at the time of the check, employed 
by a certificate holder as a pilot; and
    (3) The pilot being checked is currently qualified for operations 
under this part in the particular type airplane and flight crewmember 
position or has, within the preceding six calendar months, 
satisfactorily completed an approved training program for the particular 
type airplane.
    (e) If the pilot being checked fails any of the required maneuvers, 
the person giving the proficiency check may give additional training to 
the pilot during the course of the proficiency check. In addition to 
repeating the maneuvers failed, the person giving the proficiency check 
may require the pilot being checked to repeat any other maneuvers he 
finds are necessary to determine the pilot's proficiency. If the pilot 
being checked is unable to demonstrate satisfactory performance to the 
person conducting the check, the certificate holder may not use him nor 
may he serve in operations under this part until he has satisfactorily 
completed a proficiency check.

However, the entire proficiency check (other than the initial second-in-
command proficiency check) required by this section may be conducted in 
an approved visual simulator if the pilot being checked accomplishes at 
least two landings in the appropriate airplane during a line check or 
other check conducted by a pilot check airman (a pilot-in-command may 
observe and certify the satisfactory accomplishment of these landings by 
a second-in-command). If a pilot proficiency

[[Page 521]]

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; Amdt. 121-263, 62 FR 13791, Mar. 21, 
1997]



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 
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.

[[Page 522]]

    (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.
    (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

[[Page 523]]

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.
    (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,

[[Page 524]]

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 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

[[Page 525]]

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 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

[[Page 526]]

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 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

[[Page 527]]

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, unless 
otherwise noted.



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 Sec. Sec. 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 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.

[[Page 528]]

    (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 Sec. Sec. 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.
    (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.

[[Page 529]]

    (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 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),

[[Page 530]]

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 Sec. Sec. 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]



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

[[Page 531]]

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 Sec. Sec. 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 Sec. Sec. 121.503 
through 121.511, a certificate holder conducting supplemental operations 
may elect to comply with the flight time limitations of Sec. Sec. 
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 532]]



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.

[[Page 533]]

    (b) The flight time limitations for a pilot who is scheduled for 
duty aloft for more than 20 hours in two-pilot crews in 30 consecutive 
days, or whose assignment in such a crew is interrupted more than once 
in any 30 consecutive days by assignment to a crew of two or more pilots 
and an additional flight crewmember, are those listed in Sec. Sec. 
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 534]]

    (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  Aircraft security.

    Certificate holders conducting operations under this part must 
comply with the applicable security requirements in 49 CFR chapter XII.

[67 FR 8350, Feb. 22, 2002]



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 535]]

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 aircraft, and is checking 
flight operations; or

[[Page 536]]

    (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, a DOD commercial air carrier 
evaluator, or an authorized representative of the National 
Transportation Safety Board, who is performing official duties;
    (3) Any person who--
    (i) Has permission of the pilot in command, an appropriate 
management official of the part 119 certificate holder, and the 
Administrator; and
    (ii) Is an employee of--
    (A) The United States, or
    (B) A part 119 certificate holder and whose duties are such that 
admission to the flightdeck is necessary or advantageous for safe 
operation; or
    (C) An aeronautical enterprise certificated by the Administrator and 
whose duties are such that admission to the flightdeck is necessary or 
advantageous for safe operation.
    (4) Any person who has the permission of the pilot in command, an 
appropriate management official of the part 119 certificate holder and 
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 flightdeck 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, a DOD commercial air carrier 
evaluator, or 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 part 119 certificate 
holder whose duties with that part 119 certificate holder require an 
airman certificate and who is authorized by the part 119 certificate 
holder operating the aircraft to make specific trips over a route;
    (5) An employee of the part 119 certificate holder operating the 
aircraft whose duty is directly related to the conduct or planning of 
flight operations or the in-flight monitoring of aircraft equipment or 
operating procedures, if his presence on the flightdeck 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 flightdeck 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 part 119 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; 
Amdt. 121-288, 67 FR 2127, Jan. 15, 2002; Amdt. 121-298, 68 FR 41217, 
July 10, 2003]

[[Page 537]]



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]



Sec. 121.548a  DOD Commercial Air Carrier Evaluator's Credential.

    Whenever, in performing the duties of conducting an evaluation, a 
DOD commercial air carrier evaluator presents S&A Form 110B, ``DOD 
Commercial Air Carrier Evaluator's Credential,'' to the pilot in command 
of an airplane operated by the certificate holder, the evaluator must be 
given free and uninterrupted access to the pilot's compartment of that 
airplane.

[Doc. No. FAA-2003-15571, 68 FR 41217, July 10, 2003]



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

[[Page 538]]

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]



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]



Sec. 121.565  Engine inoperative: Landing; reporting.

    (a) Except as provided in paragraph (b) of this section, whenever an 
engine

[[Page 539]]

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 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.

[[Page 540]]

    (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.
    (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 must carry on each passenger-carrying 
airplane, in convenient locations for use of each passenger, printed 
cards supplementing the oral briefing. Each card must contain 
information pertinent only to the type and model of airplane used for 
that flight, including--
    (1) Diagrams of, and methods of operating, the emergency exits;
    (2) Other instructions necessary for use of emergency equipment; and
    (3) No later than June 12, 2005, for Domestic and Flag scheduled 
passenger-carrying flights, the sentence, ``Final assembly of this 
airplane was completed in [INSERT NAME OF COUNTRY].''

[[Page 541]]

    (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; 69 FR 39294, June 29, 2004]

    Effective Date Note: At 69 FR 39294, June 29, 2004, Sec. 121.571(b) 
was revised. This paragraph contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



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 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.

[[Page 542]]

    (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 49 
CFR 1544.221; or
    (3) Has a deadly or dangerous weapon accessible to him while aboard 
the aircraft in accordance with 49 CFR 1544.219, 1544.221, or 1544.223.
    (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; 
Amdt. 121-275, 67 FR 31932, May 10, 2002]



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]

[[Page 543]]



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--
    (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), (c), 
and (d) 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

[[Page 544]]

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.
    (d) Takeoffs. Notwithstanding paragraph (a) of this section, the 
Administrator issues operations specifications to allow the use of an 
approved autopilot system with automatic capability below the altitude 
specified in paragraph (a) of this section during the takeoff and 
initial climb phase of flight provided:
    (1) The Airplane Flight Manual specifies a minimum altitude 
engagement certification restriction;
    (2) The system is not engaged prior to the minimum engagement 
certification restriction specified in the Airplane Flight Manual or an 
altitude specified by the Administrator, whichever is higher; and
    (3) The Administrator finds that the use of the system 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; Amdt. 121-265, 62 FR 27922, May 21, 1997]



Sec. 121.580  Prohibition on 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 under this part.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



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 an observer seat on the 
flightdeck, the certificate holder must provide a forward passenger seat 
with headset or speaker for occupancy by the Administrator while 
conducting en route 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; 
Amdt. 121-288, 67 FR 2128, Jan. 15, 2002]



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 
Sec. Sec. 121.309(f), 121.310, 121.391, 121.571, and 121.587; the 
passenger-carrying operation requirements in Sec. Sec. 121.157(c) and 
121.291; and the requirements pertaining to passengers in Sec. Sec. 
121.285, 121.313(f), 121.317, 121.547, and 121.573:
    (1) A crewmember.
    (2) A company employee.

[[Page 545]]

    (3) An FAA air carrier inspector, a DOD commercial air carrier 
evaluator, 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.
    (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; Amdt. 
121-298, 68 FR 41217, July 10, 2003]



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

[[Page 546]]

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
    (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;

[[Page 547]]

    (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--
    (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

[[Page 548]]

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.
    (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.

[[Page 549]]

    (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 flightcrew compartment door.

    (a) Except as provided in paragraph (b) of this section, a pilot in 
command of an airplane that has a lockable flightcrew compartment door 
in accordance with Sec. 121.313 and that is carrying passengers shall 
ensure that the door separating the flightcrew compartment from the 
passenger compartment is closed and locked at all times when the 
aircraft is being operated.
    (b) The provisions of paragraph (a) of this section do not apply at 
any time when it is necessary to permit access and egress by persons 
authorized in accordance with Sec. 121.547 and provided the part 119 
operator complies with FAA approved procedures regarding the opening, 
closing and locking of the flightdeck doors.

[Doc. No. FAA-2001-11032, 67 FR 2128, Jan. 15, 2002]



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 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 in the United States.

    (a) Except as provided in paragraphs (b) or (c) of this section, or 
unless authorized by the Administrator under 49 U.S.C. 44706(c), no air 
carrier and no

[[Page 550]]

pilot being used by an air carrier may operate, in the conduct of a 
domestic type operation, flag type operation, or supplemental type 
operation, an airplane at 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. Further, after June 9, 2005 for Class I airports and after 
December 9, 2005 for Class II, III, and IV airports, when an air carrier 
and a pilot being used by the air carrier are required to operate at an 
airport certificated under part 139 of this chapter, the air carrier and 
the pilot may only operate at that airport if the airport is classified 
under part 139 to serve the type airplane to be operated and the type of 
operation to be conducted.
    (b)(1) An air carrier and a pilot being used by the air carrier in 
the conduct of a domestic type operation, flag type operation, or 
supplemental type operation 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.
    (2) Until December 9, 2005, an air carrier and a pilot being used by 
the air carrier in the conduct of domestic type operations and flag type 
operations, may operate an airplane designed for more than 9 but less 
than 31 passenger seats, at a land airport, in any State of the United 
States, the District of Columbia, or any territory or possession of the 
United States, that does not hold an airport operating certificate 
issued under part 139 of this chapter, and that serves small air carrier 
aircraft (as defined under ``Air carrier aircraft'' and ``Class III 
airport'' in Sec. 139.5 of this Chapter).
    (c) An air carrier and a pilot used by the air carrier in conducting 
a domestic type operation, flag type operation, or supplemental type 
operation may operate an airplane at an airport operated by the U.S. 
Government that is not certificated under part 139 of this chapter, only 
if that airport meets the equivalent--
    (1) Safety standards for airports certificated under part 139 of 
this chapter; and
    (2) Airport classification requirements under part 139 to serve the 
type airplane to be operated and the type of operation to be conducted.
    (d) An air carrier, a commercial operator, and a pilot being used by 
the air carrier or the commercial operator--when conducting a passenger-
carrying airplane operation under this part that is not a domestic type 
operation, a flag type operation, or a supplemental type operation--may 
operate at a land airport not certificated under part 139 of this 
chapter only when 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 authorized by the Administrator.
    (e) A commercial operator and a pilot used by the commercial 
operator in conducting a domestic type operation, flag type operation, 
or supplemental type operation may operate an airplane at an airport 
operated by the U.S. Government that is not certificated under part 139 
of this chapter only if that airport meets the equivalent--
    (1) Safety standards for airports certificated under part 139 of 
this chapter; and
    (2) Airport classification requirements under part 139 of this 
chapter to serve the type airplane to be operated and the type of 
operation to be conducted.
    (f) For the purpose of this section, the terms--
    Domestic type operation means any domestic operation conducted 
with--
    (1) An airplane designed for at least 31 passenger seats (as 
determined by the aircraft type certificate issued by a

[[Page 551]]

competent civil aviation authority) at any land airport in any State of 
the United States, the District of Columbia, or any territory or 
possession of the United States; or
    (2) An airplane designed for more than 9 passenger seats but less 
than 31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States (except Alaska), the District of 
Columbia, or any territory or possession of the United States.
    Flag type operation means any flag operation conducted with--
    (1) An airplane designed for at least 31 passenger seats (as 
determined by the aircraft type certificate issued by a competent civil 
aviation authority) at any land airport in any State of the United 
States, the District of Columbia, or any territory or possession of the 
United States; or
    (2) An airplane designed for more than 9 passenger seats but less 
than 31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States (except Alaska), the District of 
Columbia, or any territory or possession of the United States.
    Supplemental type operation means any supplemental operation (except 
an all-cargo operation) conducted with an airplane designed for at least 
31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States, the District of Columbia, or any 
territory or possession of the United States.
    United States means the States of the United States, the District of 
Columbia, and the territories and possessions of the United States.
    Note: Special Statutory Requirement to Operate to or From a Part 139 
Airport. Each air carrier that provides--in an aircraft (e.g., airplane, 
rotorcraft, etc.) designed for more than 9 passenger seats--regularly 
scheduled charter air transportation for which the public is provided in 
advance a schedule containing the departure location, departure time, 
and arrival location of the flight must operate to and from an airport 
certificated under part 139 of this chapter in accordance with 49 U.S.C. 
41104(b). That statutory provision contains stand-alone requirements for 
such air carriers and special exceptions for operations in Alaska and 
outside the United States. Nothing in Sec. 121.590 exempts the air 
carriers described in this note from the requirements of 49 U.S.C. 
41104(b). Certain operations by air carriers that conduct public charter 
operations under 14 CFR part 380 are covered by the statutory 
requirements to operate to and from part 139 airports. See 49 U.S.C. 
41104(b).

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 121-304, 69 FR 
31522, June 4, 2004]



             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.



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

[[Page 552]]

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 ir 
regularities 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 Sec. Sec. 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 Sec. Sec. 121.99 and 121.103 are not available 
over a route or route segment outside 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]

[[Page 553]]



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.



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

[[Page 554]]

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 Sec. Sec. 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 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]

[[Page 555]]



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 Sec. Sec. 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.
    (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.

[[Page 556]]

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 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

[[Page 557]]

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 Sec. Sec. 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 Sec. Sec. 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 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.

[[Page 558]]

    (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 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]

[[Page 559]]



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 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]

[[Page 560]]



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 if either the 
requirements of Sec. 91.175(l) of this chapter, or the following 
requirements are met:
    (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 
an airport when the visibility is less than the visibility minimums 
prescribed for that procedure if that airport is served by an operative 
ILS and an operative PAR, and both are used by

[[Page 561]]

the pilot. However, no pilot may continue an approach below the 
authorized DH unless the requirements of Sec. 91.175(l) of this 
chapter, or the following requirements are met:
    (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, as amended by Amdt. 121-303, 
69 FR 1641, Jan. 9, 2004]



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 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]

[[Page 562]]



Sec. 121.653  [Reserved]



Sec. 121.655  Applicability of reported weather minimums.

    In conducting operations under Sec. Sec. 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 top of 
the lower cloud or the minimum altitude determined by the Administrator 
for that part of the IFR approach, whichever is lower.

[[Page 563]]



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 take off. 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 Sec. Sec. 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 564]]

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 565]]

    (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]



Sec. Sec. 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 566]]

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 567]]

(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]

    Effective Date Note: By Amdt. 121-279, 65 FR 56201, Sept. 15, 2000, 
Sec. 121.703 was amended by revising the section heading and paragraphs 
(a), (c), (d), (e), and (f); redesignating paragraphs (g) and (h) as 
paragraphs (h) and (i) respectively; revising newly redesignated 
paragraph (i); and by adding a new paragraph (g), effective Jan. 16, 
2001. At 65 FR 80743, Dec. 22, 2000, the effective date was delayed 
until July 16, 2001. At 66 FR 21626, Apr. 30, 2001, the effective date 
was delayed until Jan. 16, 2002. At 66 FR 58912, Nov. 23, 2001, the 
effective date was delayed until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 
2002, the effective date was delayed until Jan. 16, 2004. At 68 FR 
75116, Dec. 30, 2003, the effective date was delayed until Jan. 30, 
2006. For the convenience of the user, the added and revised text is set 
forth as follows:

Sec. 121.703  Service difficulty reports (operational).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect concerning--
    (1) Any fire and, when monitored by a related fire-warning system, 
whether the fire-warning system functioned properly;
    (2) Any false warning of fire or smoke;
    (3) An engine exhaust system that causes damage to the engine, 
adjacent structure, equipment, or components;
    (4) An aircraft component that causes the accumulation or 
circulation of smoke, vapor, or toxic or noxious fumes;
    (5) Any engine flameout or shutdown during flight or ground 
operations;
    (6) A propeller feathering system or ability of the system to 
control overspeed;
    (7) A fuel or fuel-dumping system that affects fuel flow or causes 
hazardous leakage;
    (8) A landing gear extension or retraction, or the opening or 
closing of landing gear doors during flight;
    (9) Any brake system component that results in any detectable loss 
of brake actuating force when the aircraft is in motion on the ground;
    (10) Any aircraft component or system that results in a rejected 
takeoff after initiation of the takeoff roll or the taking of emergency 
actions, as defined by the Aircraft Flight Manual or Pilot's Operating 
Handbook;
    (11) Any emergency evacuation system or component including any exit 
door, passenger emergency evacuation lighting system, or evacuation 
equipment found to be defective or that fails to perform the intended 
function during an actual emergency or during training, testing, 
maintenance, demonstrations, or inadvertent deployments; and

[[Page 568]]

    (12) Autothrottle, autoflight, or flight control systems or 
components of these systems.

                                * * * * *

    (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, system, component, or powerplant 
that occurs or is detected at any time if that failure, malfunction, or 
defect has endangered or may endanger the safe operation of an aircraft.
    (d) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. Each certificate holder 
also shall make the report data available for 30 days for examination by 
the certificate-holding district office in a form and manner acceptable 
to the Administrator.
    (e) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, and serial number of the aircraft, 
engine, or propeller;
    (2) The registration number of the aircraft;
    (3) The operator designator;
    (4) The date on which the failure, malfunction, or defect was 
discovered;
    (5) The stage of flight or ground operation during which the 
failure, malfunction, or defect was discovered;
    (6) The nature of the failure, malfunction, or defect;
    (7) The applicable Joint Aircraft System/Component Code;
    (8) The total cycles, if applicable, and total time of the aircraft, 
aircraft engine, propeller, or component;
    (9) The manufacturer, manufacturer part number, part name, serial 
number, and location of the component that failed, malfunctioned, or was 
defective, if applicable;
    (10) The manufacturer, manufacturer part number, part name, serial 
number, and location of the part that failed, malfunctioned, or was 
defective, if applicable;
    (11) The precautionary or emergency action taken;
    (12) Other information necessary for a more complete analysis of the 
cause of the failure, malfunction, or defect, including available 
information pertaining to type designation of the major component and 
the time since the last maintenance overhaul, repair, or inspection; and
    (13) A unique control number for the occurrence, in a form 
acceptable to the Administrator.
    (f) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a 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 that certificate holder 
under Sec. 21.3 of this chapter or under the accident reporting 
provisions of 49 CFR part 830.
    (g) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by a part 121 certificate holder. However, the part 
121 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 121 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (h) No person may withhold a report required by this section 
although all information required by this section is not available.
    (i) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.



Sec. 121.704  Service difficulty reports (structural).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure or defect related to--
    (1) Corrosion, cracks, or disbonding that requires replacement of 
the affected part;
    (2) Corrosion, cracks, or disbonding that requires rework or 
blendout because the corrosion, cracks, or disbonding exceeds the 
manufacturer's established allowable damage limits;
    (3) Cracks, fractures, or disbonding in a composite structure that 
the equipment manufacturer has designated as a primary structure or a 
principal structural element; or
    (4) Repairs made in accordance with approved data not contained in 
the manufacturer's maintenance manual.
    (b) In addition to the reports required by paragraph (a) of this 
section, each certificate holder shall report any

[[Page 569]]

other failure or defect in aircraft structure that occurs or is detected 
at any time if that failure or defect has endangered or may endanger the 
safe operation of an aircraft.
    (c) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. Each certificate holder 
also shall make the report data available for 30 days for examination by 
the certificate-holding district office in a form and manner acceptable 
to the Administrator.
    (d) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, serial number, and registration number 
of the aircraft;
    (2) The operator designator;
    (3) The date on which the failure or defect was discovered;
    (4) The stage of ground operation during which the failure or defect 
was discovered;
    (5) The part name, part condition, and location of the failure or 
defect;
    (6) The applicable Joint Aircraft System/Component Code;
    (7) The total cycles, if applicable, and total time of the aircraft;
    (8) Other information necessary for a more complete analysis of the 
cause of the failure or defect, including corrosion classification, if 
applicable, or crack length and available information pertaining to type 
designation of the major component and the time since the last 
maintenance overhaul, repair, or inspection; and
    (9) A unique control number for the occurrence, in a form acceptable 
to the Administrator.
    (e) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a licensee of a Type Certificate holder, need not report a 
failure or defect under this section if the failure or defect has been 
reported by that certificate holder under Sec. 21.3 of this chapter or 
under the accident reporting provisions of 49 CFR part 830.
    (f) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by the part 121 certificate holder. However, the 
part 121 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 121 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (g) No person may withhold a report required by this section 
although all information required by this section is not available.
    (h) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.

    Effective Date Note: By Amdt. 121-279, 65 FR 56203, Sept. 15, 2000, 
Sec. 121.704 was added, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date 
was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the 
effective date was delayed until Jan. 30, 2006.



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

[[Page 570]]

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]

    Effective Date Note: By Amdt. 121-279, 65 FR 56203, Sept. 15, 2000, 
Sec. 121.705 was revised, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2001. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date 
was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the 
effective date was delayed until Jan. 30, 2006. For the convenience of 
the user, the revised text is set forth as follows:

Sec. 121.705  Mechanical interruption summary report.

    Each certificate holder shall submit to the Administrator, before 
the end of the 10th day of the following month, a summary report for the 
previous month of each interruption to a flight, unscheduled change of 
aircraft en route, unscheduled stop or diversion from a route, or 
unscheduled engine removal caused by known or suspected mechanical 
difficulties or malfunctions that are not required to be reported under 
Sec. 121.703 or Sec. 121.704 of this part.



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
    (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.
    (c) Notwithstanding paragraph (b)(3) of this section, after 
maintenance, preventive maintenance, or alterations performed by a 
repair station that is located outside the United States, the 
airworthiness release or log entry required by paragraph (a) of this 
section may be signed by a person authorized by that repair station.
    (d) 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 2 months.
    (e) 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

[[Page 571]]

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; Amdt. 
121-286, 66 FR 41116, Aug. 6, 2001]



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. 119.36 (e)(2), (e)(7), and 
(e)(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, as amended by Amdt. 121-
262, 62 FR 13257, Mar. 19, 1997]



             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]



           Subpart X_Emergency Medical Equipment and Training

    Source: Docket No. FAA-2000-7119, 66 FR 19044, Apr. 12, 2001, unless 
otherwise noted.



Sec. 121.801  Applicability.

    This subpart prescribes the emergency medical equipment and training

[[Page 572]]

requirements applicable to all certificate holders operating passenger-
carrying airplanes under this part. Nothing in this subpart is intended 
to require certificate holders or its agents to provide emergency 
medical care or to establish a standard of care for the provision of 
emergency medical care.



Sec. 121.803  Emergency medical equipment.

    (a) No person may operate a passenger-carrying airplane under this 
part unless it is equipped with the emergency medical equipment listed 
in this section.
    (b) Each equipment item listed in this section--
    (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) For treatment of injuries, medical events, or minor accidents 
that might occur during flight time each airplane must have the 
following equipment that meets the specifications and requirements of 
appendix A of this part:
    (1) Approved first-aid kits.
    (2) In airplanes for which a flight attendant is required, an 
approved emergency medical kit.
    (3) In airplanes for which a flight attendant is required, an 
approved emergency medical kit as modified effective April 12, 2004.
    (4) In airplanes for which a flight attendant is required and with a 
maximum payload capacity of more than 7,500 pounds, an approved 
automated external defibrillator as of April 12, 2004.



Sec. 121.805  Crewmember training for in-flight medical events.

    (a) Each training program must provide the instruction 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) Training must provide the following:
    (1) Instruction in emergency medical event procedures, including 
coordination among crewmembers.
    (2) Instruction in the location, function, and intended operation of 
emergency medical equipment.
    (3) Instruction to familiarize crewmembers with the content of the 
emergency medical kit.
    (4) Instruction to familiarize crewmembers with the content of the 
emergency medical kit as modified on April 12, 2004.
    (5) For each flight attendant--
    (i) Instruction, to include performance drills, in the proper use of 
automated external defibrillators.
    (ii) Instruction, to include performance drills, in cardiopulmonary 
resuscitation.
    (iii) Recurrent training, to include performance drills, in the 
proper use of an automated external defibrillators and in 
cardiopulmonary resuscitation at least once every 24 months.
    (c) The crewmember instruction, performance drills, and recurrent 
training required under this section are not required to be equivalent 
to the expert level of proficiency attained by professional emergency 
medical personnel.

    Appendix A to Part 121--First Aid Kits and Emergency Medical Kits

    Approved first-aid kits, at least one approved emergency medical 
kit, and at least one approved automated external defibrillator required 
under Sec. 121.803 of this part must be readily accessible to the crew, 
stored securely, and kept free from dust, moisture, and damaging 
temperatures.

                             First-aid Kits

    1. The minimum number of first aid kits required is set forth in the 
following table:

[[Page 573]]



------------------------------------------------------------------------
                                                                 No. of
                    No. of passenger seats                     first-aid
                                                                  kits
------------------------------------------------------------------------
0-50.........................................................          1
51-150.......................................................          2
151-250......................................................          3
More than 250................................................          4
------------------------------------------------------------------------

    2. Except as provided in paragraph (3), each approved first-aid kit 
must contain at least the following appropriately maintained contents in 
the specified quantities:

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

    3. 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

    1. Until April 12, 2004, at least one approved emergency medical kit 
that must contain at least the following appropriately maintained 
contents in the specified quantities:

------------------------------------------------------------------------
                    Contents                             Quantity
------------------------------------------------------------------------
Sphygmomanometer...............................  1
Stethoscope....................................  1
Airways, cropharyngeal (3 sizes)...............  3
Syringes (sizes necessary to administer          4
 required drugs).
Needles (sizes necessary to administer required  6
 drugs).
50% Dextrose injection, 50cc...................  1
Epinephrine 1:1000, single dose ampule or        2
 equivalent).
Diphenhydramine HC1 injection, single dose       2
 ampule or equivalent.
Nitroglycerin tablets..........................  10
Basic instructions for use of the drugs in the   1
 kit.
protective nonpermeable gloves or equivalent...  1 pair
------------------------------------------------------------------------

    2. As of April 12, 2004, at least one approved emergency medical kit 
that must contain at least the following appropriately maintained 
contents in the specified quantities:

------------------------------------------------------------------------
                    Contents                             Quantity
------------------------------------------------------------------------
Sphygmonanometer...............................  1
Stethoscope....................................  1
Airways, oropharyngeal (3 sizes): 1 pediatric,   3
 1 small adult, 1 large adult or equivalent.
Self-inflating manual resuscitation device with  1:3 masks
 3 masks (1 pediatric, 1 small adult, 1 large
 adult or equivalent).
CPR mask (3 sizes), 1 pediatric, 1 small adult,  3
 1 large adult, or equivalent.
IV Admin Set: Tubing w/ 2 Y connectors.........  1
    Alcohol sponges............................  2
    Adhesive tape, 1-inch standard roll          1
     adhesive.
    Tape scissors..............................  1 pair
    Tourniquet.................................  1
Saline solution, 500 cc........................  1
Protective nonpermeable gloves or equivalent...  1 pair
Needles (2-18 ga., 2-20 ga., 2-22 ga., or sizes  6
 necessary to administer required medications).
Syringes (1-5 cc, 2-10 cc, or sizes necessary    4
 to administer required medications).
Analgesic, non-narcotic, tablets, 325 mg.......  4
Antihistamine tablets, 25 mg...................  4
Antihistamine injectable, 50 mg, (single dose    2
 ampule or equivalent).

[[Page 574]]

 
Atropine, 0.5 mg, 5 cc (single dose ampule or    2
 equivalent).
Aspirin tablets, 325 mg........................  4
Bronchodilator, inhaled (metered dose inhaler    1
 or equivalent).
Dextrose, 50%/50 cc injectable, (single dose     1
 ampule or equivalent).
Epinephrine 1:1000, 1 cc, injectable, (single    2
 dose ampule or equivalent).
Epinephrine 1:10,000, 2 cc, injectable, (single  2
 dose ampule or equivalent).
Lidocaine, 5 cc, 20 mg/ml, injectable (single    2
 dose ampule or equivalent).
Nitroglycerin tablets, 0.4 mg..................  10
Basic instructions for use of the drugs in the   1
 kit.
------------------------------------------------------------------------

    3. If all of the above-listed items do not fit into one container, 
more than one container may be used.

                    Automated External Defibrillators

    At least one approved automated external defibrillator, legally 
marketed in the United States in accordance with Food and Drug 
Administration requirements, that must:
    1. Be stored in the passenger cabin.
    2. On and after April 30, 2005, meet FAA Technical Standard Order 
requirements for power sources for electronic devices used in aviation 
as approved by the Administrator.
    3. Be maintained in accordance with the manufacturer's 
specifications.

[Doc. No. FAA-2000-7119, 66 FR 19044, Apr. 12, 2001, as amended by Amdt. 
No. 121-280, 69 FR 19762, Apr. 14, 2004]

     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% Per       seconds).
 frame).                                               Hour.
Altitude........................  -1,000 ft to max    100 to 7
                                   aircraft.           00 ft (See Table
                                                       1, TSO-C51a).
Airspeed........................  50 KIAS to V so,    5%, 3
                                                       %.
Heading.........................  360[deg]..........  2[deg].
Normal Acceleration (Vertical)..  -3g to +6g........  1% of max
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  75[deg].         eq>2[deg].
Roll Attitude...................  180[deg].        eq>2[deg].
Radio Transmitter Keying........  On-Off (Discrete).  2[deg].          eq>2%.
Thrust/Power on Each Engine.....  Full Range Forward  2[deg].
Trailing Edge Flap or Cockpit     Full Range or Each  3[deg] or as
                                                       Pilot's Indicator.
Leading Edge Flap or Cockpit      Full Range or Each  3[deg] or 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% Unless
                                                       Higher Accuracy
                                                       Uniquely Required.
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pilot Input and/or Surface        Full Range........  2[deg] Unless
 (Pitch, Roll, Yaw) \3\.                               Higher Accuracy
                                                       Uniquely Required.
Lateral Acceleration............  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pitch Trim Position.............  Full Range........  3% Unless
                                                       Higher Accuracy
                                                       Uniquely Required.
Glideslope Deviation............  400 Microamps.   eq>3%.
Localizer Deviation.............  400 Microamps.   eq>3%.
AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft or 3
                                                       % Whichever is
                                                       Greater Below 500
                                                       Ft and 5
                                                       % Above 500 Ft.
Master Warning..................  Discrete..........  ..................  1.................  ..................

[[Page 575]]

 
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  -50[deg] C to       2[deg] c.
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)....  ..................
    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

[[Page 576]]

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 
Sec. Sec. 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--
    (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 
Sec. Sec. 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 Sec. Sec. 121.245 and 121.247. The following 
requirements must be met in showing compliance with these sections:

[[Page 577]]

    (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 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

[[Page 578]]

paragraph (a). Furthermore, fire-extinguishing systems for combustion 
heater compartments which conform to the requirements of AD-49-18-1 or 
an FAA approved equivalent also meet the requirements in paragraph (a).
    In addition, a fire-extinguishing system for C-46 airplanes meets 
the adequacy requirement of paragraph (a) if it provides the same or 
equivalent protection to that demonstrated by the CAA in tests conducted 
in 1941 and 1942, using a CW-20 type engine nacelle (without diaphragm). 
These tests were conducted at the Bureau of Standards facilities in 
Washington, DC, and copies of the test reports are available through the 
FAA Regional Engineering Offices. In this connection, the flow rates and 
distribution of extinguishing agent substantiated in American Airmotive 
Report No. 128-52-d, FAA approved February 9, 1953, provides protection 
equivalent to that demonstrated by the CAA in the CW-20 tests. In 
evaluating any C-46 fire-extinguishing system with respect to the 
aforementioned CW-20 tests, the Administration would require data in a 
narrative form, utilizing drawings or photographs to show at least the 
following:
    Installation of containers; installation and routing of plumbing; 
type, number, and location of outlets or nozzles; type, total volume, 
and distribution of extinguishing agent; length of time required for 
discharging; means for thermal relief, including type and location of 
discharge indicators; means of discharging, e.g., mechanical 
cutterheads, electric cartridge, or other method; and whether a one- or 
two-shot system is used; and if the latter is used, means of cross-
feeding or otherwise selecting distribution of extinguishing agent; and 
types of materials used in makeup of plumbing.
    High rate discharge (HRD) systems using agents such as 
bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), 
may also meet the requirements of paragraph (a).
    26. Fire-extinguishing agents, Extinguishing agent container 
pressure relief, Extinguishing agent container compartment temperatures, 
and Fire-extinguishing system materials. No change from the requirements 
of Sec. Sec. 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 Sec. Sec. 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                               45,000
                                             39,000    42,000      \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

[[Page 579]]

 
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[foot].

    (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                               45,000
                                             39,000    42,000      \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[foot].

    (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                                    48,000
                                   39,000    42,000    45,000      \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
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[foot].

    (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                                    48,000
                                   39,000    42,000    45,000      \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[foot].

                      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)

[[Page 580]]



                                                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
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.)

[[Page 581]]



                                                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
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).


[[Page 582]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.009


[[Page 583]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.010


[[Page 584]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.011


[[Page 585]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.012


[[Page 586]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.013


[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.014


[[Page 588]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.015


[[Page 589]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.016


[[Page 590]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.017


[[Page 591]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.018


[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.019


[[Page 593]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.020


[[Page 594]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.021


[[Page 595]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.022


[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 596]]

    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 597]]

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 598]]



                                                                                                                                              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[foot] 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 599]]

 
    (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 600]]

 
    (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 601]]

 
  (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 602]]

 
    (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 603]]

 
    (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.
    (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.

[[Page 604]]

 
  (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 605]]

         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
                                                                                       -----------------------------------------------------------------
                                                                                                                                                Waiver
                                 Maneuvers/Procedures                                    Simulated              Visual   Nonvisual  Training  provisions
                                                                                        instrument  Inflight  simulator  simulator   device     of Sec.
                                                                                        conditions                                            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        ..........  ........  .........  .........        B   ..........
   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--.................................................
    (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 606]]

 
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       ..........        B   .........  .........  ........  ..........
   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...
  (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   ..........       B*   .........  .........  ........  ..........
   the airplane is taxied into position on the runway to be used......................
  (b) Instrument. One takeoff with instrument conditions simulated at or before                 B   ........       B*    .........  ........  ..........
   reaching an altitude of 100[foot] above the airport elevation......................
  (c) Crosswind. One crosswind takeoff, if practicable, under the existing              ..........       B*   .........  .........  ........  ..........
   meteorological, airport, and traffic conditions....................................
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     ..........  ........        B    .........  ........  ..........
   critical powerplant--..............................................................
    (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        ..........  ........  .........       B*    ........          B
 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........................................................
III. Instrument procedures:
  (a) Area departure and area arrival. During each of these maneuvers the applicant             B   ........  .........        B    ........         B*
   must--.............................................................................
    (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                B   ........  .........        B    ........          B
   patterns. It may be performed in connection with either area departure or area
   arrival............................................................................
  (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           B   ........  .........  .........  ........  ..........
     powerplant. The simulated failure should occur before initiating the final
     approach course and must continue to touchdown or through the missed approach
     procedure........................................................................
    (3) At least one nonprecision approach procedure that is representative of the              B   ........        B    .........  ........  ..........
     nonprecision approach procedures that the certificate holder is likely to use....

[[Page 607]]

 
    (4) Demonstration of at least one nonprecision approach procedure on a letdown aid          B   ........  .........  .........        B   ..........
     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.......................................................................
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[foot] above touchdown zone elevation
  (d) Circling approaches. If the certificate holder is approved for circling minimums  ..........  ........       B*    .........  ........         B*
   below 1000-3, at least one circling approach must be made under the following
   conditions--.......................................................................
    (1) The portion of the approach to the authorized minimum circling approach                 B   ........  .........  .........  ........  ..........
     altitude must be made under simulated instrument conditions......................
    (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            P   ........  .........        P    ........          P
   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]................................................
  (b) Approaches to stalls. For the purpose of this maneuver the required approach to           B   ........  .........        B    ........         B*
   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:...................................................

[[Page 608]]

 
    (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    ..........  ........  .........        B    ........          B
   that are peculiar to the airplane type.............................................
  (d) Powerplant failures. In addition to specific requirements for maneuvers with      ..........  ........  .........        B    ........  ..........
   simulated powerplant failures, the person conducting the check may require a
   simulated powerplant failure at any time during the check..........................
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  ..........       B*   .........  .........  ........  ..........
   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.....................................................
  (c) Crosswind landing, if practical under existing meteorological, airport, and       ..........       B*   .........  .........  ........  ..........
   traffic conditions.................................................................
  (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    ..........  ........       B*    .........  ........  ..........
     procedure that approximates the loss of two powerplants (center and one outboard
     engine); or......................................................................
    (2) In the case of other multiengine airplanes, maneuvering to a landing with a     ..........  ........       B*    .........  ........  ..........
     simulated failure of 50 percent of available powerplants, with the simulated loss
     of power on one side of the airplane.............................................

[[Page 609]]

 
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    ..........  ........       B*    .........  ........  ..........
   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...............................................................
  (f) A rejected landing, including a normal missed approach procedure, that   ..........  ........        B    .........  ........  ..........
   is rejected approximately 50[foot] 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..........................................................
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        ..........  ........  .........        B    ........  ..........
   devices............................................................................
  (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      ..........  ........  .........        B    ........  ..........
   Flight Manual......................................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------


[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 610]]

  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 611]]

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 20 miles cross-track and 25 miles 
along-track on 95 percent of system flights completed is permitted.
    (b) Compass heading information to the Doppler Radar must be 
maintained to an accuracy of 1[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 
20 miles cross-track and 25 
miles along-track for 95 percent of the system flights completed. 
Updating is permitted.

A system that does not meet the requirements of this section will be 
considered a failed system.
    7. Evaluation program. (a) Approval by evaluation must be requested 
as a part of the application for operational approval of a Doppler Radar 
or Inertial Navigation System.
    (b) The applicant must provide sufficient flights which show to the 
satisfaction of the Administrator the applicant's ability to use cockpit 
navigation in his operation.
    (c) The Administrator bases his evaluation on the following:
    (1) Adequacy of operational procedures.
    (2) Operational accuracy and reliability of equipment and 
feasibility of the system with regard to proposed operations.
    (3) Availability of terminal, gateway, area, and en route ground-
based aids, if required, to support the self-contained system.
    (4) Acceptability of cockpit workload.
    (5) Adequacy of flight crew qualifications.
    (6) Adequacy of maintenance training and availability of spare 
parts.

After successful completion of evaluation demonstrations, FAA approval 
is indicated by issuance of amended operations specifications and en 
route flight procedures defining the new operation. Approval is limited 
to those operations for which the adequacy of the equipment and the 
feasibility of cockpit navigation has been satisfactorily demonstrated.

[Doc. No. 10204, 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 appendix for 
the level for which approval is requested.

[[Page 612]]

    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 flight segments contains strictly 
normal operating procedures from push back at one airport to arrival at 
another. Another flight

[[Page 613]]

segment contains training in appropriate abnormal and emergency flight 
operations.

                                 Level B

                     Training and Checking Permitted

    1. Recency 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. 61.153(g) 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. 61.159 of this chapter in 
the airplane, the initial and upgrade training and checking required by 
this part, and the certification check requirements of Sec. 61.153 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.
    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

[[Page 614]]

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. 61.153(g) of this chapter. The line check 
required by Sec. 121.440 of this part, the static airplane requirements 
of appendix E of this part, and the operating experience requirements of 
Sec. 121.434 of this part 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 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

[[Page 615]]

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; Amdt. 121-267, 62 FR 68137, Dec. 30, 1997]

              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. General
    A. Purpose. The purpose of this appendix is to establish a program 
designed to help prevent accidents and injuries resulting from the use 
of prohibited drugs by employees who perform safety-sensitive functions.
    B. 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 (HHS) under the National 
Laboratory Certification Program.
    C. Employer Responsibility. As an employer, you are responsible for 
all actions of your officials, representatives, and service agents in 
carrying out the requirements of this appendix and 49 CFR part 40.
    D. Applicable Federal Regulations. The following applicable 
regulations appear in 49 CFR or 14 CFR:

                                1. 49 CFR

    Part 40--Procedures for Transportation Workplace Drug Testing 
Programs

                                2. 14 CFR

61.14--Refusal to submit to a drug or alcohol test.
63.12b--Refusal to submit to a drug or alcohol test.
65.23--Refusal to submit to a drug or alcohol test.
65.46--Use of prohibited drugs.
67.107--First-Class Airman Medical Certificate, Mental.
67.207--Second-Class Airman Medical Certificate, Mental.
67.307--Third-Class Airman Medical Certificate, Mental.
121.429--Prohibited drugs.
121.455--Use of prohibited drugs.
121.457--Testing for prohibited drugs.
135.1--Applicability.
135.249--Use of prohibited drugs.
135.251--Testing for prohibited drugs.
135.353--Prohibited drugs.

    E. Falsification. No person may make, or cause to be made, any of 
the following:
    1. Any fraudulent or intentionally false statement in any 
application of an antidrug program.
    2. Any fraudulent or intentionally false entry in any record or 
report that is made, kept, or used to show compliance with this 
appendix.
    3. Any reproduction or alteration, for fraudulent purposes, of any 
report or record required to be kept by this appendix.
    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

[[Page 616]]

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.
    Contractor is an individual or company that performs a safety-
sensitive function by contract for an employer or another contractor.
    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 is hired, either directly or by contract, 
to perform a safety-sensitive function for an employer, as defined 
below. An employee is also a person who transfers into a position to 
perform a safety-sensitive function for an employer.
    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. An employer may use a contract employee 
who is not included under that employer's FAA-mandated antidrug program 
to perform a safety-sensitive function only if that contract employee is 
included under the contractor's FAA-mandated antidrug program and is 
performing a safety-sensitive function on behalf of that contractor 
(i.e., within the scope of employment with the contractor.)
    Hire means retaining an individual for a safety-sensitive function 
as a paid employee, as a volunteer, or through barter or other form of 
compensation.
    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 function.
    Positive rate for random drug testing means the number of verified 
positive results for random drug tests conducted under this appendix 
plus the number of refusals of random drug tests required by this 
appendix, divided by the total number of random drug test results (i.e., 
positives, negatives, and refusals) under this appendix.
    Prohibited drug means marijuana, cocaine, opiates, phencyclidine 
(PCP), and amphetamines, as specified in 49 CFR 40.85.
    Refusal to submit means that a covered employee engages in conduct 
specified in 49 CFR 40.191.
    Safety-sensitive function means a function listed in section III of 
this appendix.
    Verified negative drug test result means a drug test result from an 
HHS-certified laboratory that has undergone review by an MRO and has 
been determined by the MRO to be a negative result.
    Verified positive drug test result means a drug test result from an 
HHS-certified laboratory that has undergone review by an MRO and has 
been determined by the MRO to be a positive result.
    III. Employees Who Must be Tested. Each employee, including any 
assistant, helper, or individual in a training status, who performs a 
safety-sensitive function listed in this section directly or by contract 
for an employer as defined in this appendix must be subject to drug 
testing under an antidrug program implemented in accordance with this 
appendix. This includes full-time, part-time, temporary, and 
intermittent employees regardless of the degree of supervision. The 
safety-sensitive functions are:
    A. Flight crewmember duties.
    B. Flight attendant duties.
    C. Flight instruction duties.
    D. Aircraft dispatcher duties.
    E. Aircraft maintenance and 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.
    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. No employer may hire any individual for a safety-sensitive 
function listed in section III of this appendix unless the employer 
first conducts a pre-employment test and receives a verified negative 
drug test result for that individual.
    2. No employer may allow an individual to transfer from a nonsafety-
sensitive to a safety-sensitive function unless the employer first 
conducts a pre-employment test and receives a verified negative drug 
test result for the individual.
    3. Employers must conduct another pre-employment test and receive a 
verified negative drug test result before hiring or transferring an 
individual into a safety-sensitive function if more than 180 days elapse 
between conducting the pre-employment test required by section V.A.1. or 
V.A.2. of this appendix and hiring or transferring the individual into a 
safety-sensitive function, resulting in that individual being brought 
under an FAA drug-testing program.
    4. If the following criteria are met, an employer is permitted to 
conduct a pre-employment test, and if such a test is conducted, the 
employer must receive a negative test

[[Page 617]]

result before putting the individual into a safety-sensitive function:
    (a) The individual previously performed a safety-sensitive function 
for the employer and the employer is not required to pre-employment test 
the individual under section V.A.1. or V.A.2 of this appendix before 
putting the individual to work in a safety-sensitive function;
    (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.
    5. Before hiring or transferring an individual to a safety-sensitive 
function, the employer must advise each individual that the individual 
will be required to undergo pre-employment testing in accordance with 
this appendix, 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.A.4. of this appendix.
    B. 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. As an employer, you must select and test a percentage of 
employees at least equal to the minimum annual percentage rate each 
year.
    (a) As an employer, to determine whether you have met the minimum 
annual percentage rate, you must divide the number of random testing 
results for safety-sensitive employees by the average number of safety-
sensitive employees eligible for random testing.
    (1) To calculate whether you have met the annual minimum percentage 
rate, count all random positives, random negatives, and random refusals 
as your ``random testing results.''
    (2) To calculate the average number of safety-sensitive employees 
eligible for random testing throughout the year, add the total number of 
safety-sensitive employees eligible for testing during each random 
testing period for the year and divide that total by the number of 
random testing periods. Only safety-sensitive employees are to be in an 
employer's random testing pool, and all safety-sensitive employees must 
be in the random pool. If you are an employer conducting random testing 
more often than once per month (e.g., you select daily, weekly, bi-
weekly) you do not need to compute this total number of safety-sensitive 
employees more than on a once per month basis.
    (b) As an employer, you may use a service agent to perform random 
selections for you, and your safety-sensitive employees may be part of a 
larger random testing pool of safety-sensitive employees. However, you 
must ensure that the service agent you use is testing at the appropriate 
percentage established for your industry and that only safety-sensitive 
employees are in the random testing pool. For example:
    (1) If the service agent has your employees in a random testing pool 
for your company alone, you must ensure that the testing is conducted at 
least at the minimum annual percentage rate under this part.
    (2) If the service agent has your employees in a random testing pool 
combined with other FAA-regulated companies, you must ensure that the 
testing is conducted at least

[[Page 618]]

at the minimum annual percentage rate under this part.
    (3) If the service agent has your employees in a random testing pool 
combined with other DOT-regulated companies, you must ensure that the 
testing is conducted at least at the highest rate required for any DOT-
regulated company in the pool.
    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. Each employer shall require that each safety-sensitive employee 
who is notified of selection for random drug testing proceeds to the 
collection 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 collection site as 
soon as possible.
    9. 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.
    10. 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.
    11. 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.
    C. 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.
    D. Testing Based on Reasonable Cause. Each employer must test each 
employee who performs a safety-sensitive function and who is reasonably 
suspected of having used a prohibited drug. 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. At least two 
of the employee's supervisors, one of whom is trained in detection of 
the symptoms of possible drug use, must substantiate and concur in the 
decision to test an employee who is reasonably suspected of drug use; 
except 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 must substantiate the decision to test 
an employee who is reasonably suspected of drug use.
    E. 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 return to duty 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. The 
test cannot occur until after the SAP has determined that the employee 
has successfully complied with the prescribed education and/or 
treatment.
    F. 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 Substance Abuse Professional conducted in accordance with 
the provisions of 49 CFR part 40, but shall consist of at least six 
tests in the first 12 months following the employee's return to duty.
    3. The employer must direct the employee to undergo testing for 
alcohol in accordance with appendix J of this part, in addition to 
drugs, if the Substance Abuse Professional 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.

[[Page 619]]

    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 Substance Abuse Professional may terminate the 
requirement for follow-up testing at any time after the first six tests 
have been conducted, if the Substance Abuse Professional determines that 
such testing is no longer necessary.
    VI. Administrative and Other Matters. A. MRO Record Retention 
Requirements. 1. Records concerning drug tests confirmed positive by the 
laboratory shall be maintained by the MRO 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.
    2. 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 ten working days of 
receiving notice from the employer of the new MRO's name and address.
    3. Any employer obtaining MRO services by contract, including a 
contract through a C/TPA, shall ensure that the contract includes a 
recordkeeping provision that is consistent with this paragraph, 
including requirements for transferring records to a new MRO.
    B. Access to Records. The employer and the MRO shall permit the 
Administrator or the Administrator's representative to examine records 
required to be kept under this appendix and 49 CFR part 40. The 
Administrator or the Administrator's representative may require that all 
records maintained by the service agent for the employer must be 
produced at the employer's place of business.
    C. 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 49 CFR part 40. 
Except as required by law, this appendix, or 49 CFR part 40, no employer 
shall release employee information.
    D. Refusal to Submit to Testing. 1. Each employer must notify the 
FAA within 5 working days of any employee who holds a certificate issued 
under part 61, part 63, or part 65 of this chapter who has refused to 
submit to a drug test required under this appendix. Send these 
notifications to: Federal Aviation Administration, Office of Aerospace 
Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, 
SW, Washington, DC 20591.
    2. Employers are not required to notify the above office of refusals 
to submit to pre-employment or return to duty testing.
    E. 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.
    F. DOT Management Information System Annual Reports. Copies of any 
annual reports submitted to the FAA under this appendix must be 
maintained by the employer for a minimum of 5 years.
    VII. Medical Review Officer/Substance Abuse Professional, and 
Employer Responsibilities. 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. Medical Review Officer (MRO). The MRO must perform the functions 
set forth in 49 CFR part 40, Subpart G, and this appendix. 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 fact that the split specimen test result is pending. 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.
    B. Substance Abuse Professional (SAP). The SAP must perform the 
functions set forth in 49 CFR part 40, Subpart O.
    C. Additional Medical Review Officer, Substance Abuse Professional, 
and Employer Responsibilities Regarding 14 CFR part 67 Airman Medical 
Certificate Holders. 1. As part of verifying a confirmed positive test 
result, the MRO shall inquire, and the individual shall disclose, 
whether the individual is or would be required to hold a medical 
certificate issued under 14 CFR part 67 to perform a safety-sensitive 
function for the employer. If the individual answers in the negative, 
the MRO shall then inquire, and the individual shall disclose whether 
the individual currently holds a medical certificate issued under 14 CFR 
part 67. If the individual answers in the affirmative to either 
question, in addition to notifying the employer in accordance with 49 
CFR part 40, the MRO must

[[Page 620]]

forward to the Federal Air Surgeon, at the address listed in paragraph 
5, the name of the individual, along with identifying information and 
supporting documentation, within 12 working days after verifying a 
positive drug test result.
    2. The SAP shall inquire, and the individual shall disclose, whether 
the individual is or would be required to hold a medical certificate 
issued under 14 CFR part 67 of this chapter to perform a safety 
sensitive function for the employer. If the individual answers in the 
affirmative, the SAP cannot recommend that the individual be returned to 
a safety-sensitive function that requires the individual to hold a 14 
CFR part 67 medical certificate unless and until such individual has 
received a medical certificate or a special issuance medical certificate 
from the Federal Air Surgeon. The receipt of a medical certificate or a 
special issuance medical certificate does not alter any obligations 
otherwise required by 49 CFR part 40 or this appendix.
    3. The employer must forward to the Federal Air Surgeon a copy of 
any report provided by the SAP, if available, regarding an individual 
for whom the MRO has provided a report to the Federal Air Surgeon under 
section VII.C.1 of this appendix, within 12 working days of the 
employer's receipt of the report.
    4. The employer cannot permit an employee who is required to hold a 
medical certificate under part 67 of this chapter to perform a safety-
sensitive duty to resume that duty until the employee has received a 
medical certificate or a special issuance medical certificate from the 
Federal Air Surgeon unless and until the employer has ensured that the 
employee meets the return-to-duty requirements in accordance with 49 CFR 
part 40.
    5. Reports required under this section shall be forwarded to the 
Federal Air Surgeon, Federal Aviation Administration, Office of 
Aerospace Medicine, Attn: Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591.
    VIII. Employee Assistance Program (EAP). The employer shall provide 
an EAP for employees. The employer may establish the EAP as a part of 
its internal personnel services or the employer may contract with an 
entity that will provide EAP services to an employee. Each EAP must 
include education and training on drug use for employees and training 
for supervisors making determinations for testing of employees based on 
reasonable cause.
    A. EAP Education Program. Each EAP education program must include at 
least the following elements: display and distribution of informational 
material; display and distribution of a community service hot-line 
telephone number for employee assistance; and display and distribution 
of the employer's policy regarding drug use in the workplace. 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, 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. Implementing an Antidrug Program.
    A. Each company must meet the requirements of this appendix. Use the 
following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations Specification 
or whether you must register with the FAA:

------------------------------------------------------------------------
             If you are . . .                      You must . . .
------------------------------------------------------------------------
1. A part 121 or 135 certificate holder...  Obtain an Antidrug and
                                             Alcohol Misuse Prevention
                                             Program Operations
                                             Specification by contacting
                                             your FAA Principal
                                             Operations Inspector.
2. A sightseeing operator as defined in     Register with the FAA,
 Sec. 135.1(c) of this chapter.            Office of Aerospace
                                             Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.
3. An air traffic control facility not      Register with the FAA,
 operated by the FAA or by or under          Office of Aerospace
 contract to the U.S. Military.              Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.

[[Page 621]]

 
4. A part 145 certificate holder who has    Obtain an Antidrug and
 your own antidrug program.                  Alcohol Misuse Prevention
                                             Program Operations
                                             Specification by contacting
                                             your Principal Maintenance
                                             Inspector.
5. A contractor who has your own antidrug   Register with the FAA,
 program.                                    Office of Aerospace
                                             Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.
------------------------------------------------------------------------

    B. Use the following chart for implementing an antidrug program if 
you are applying for a part 121 or 135 certificate, if you intend to 
begin sightseeing operations as defined in Sec. 135.1(c) of this 
chapter, or if you intend to begin air traffic control operations (not 
operated by the FAA or by or under contract to the U.S. military.) Use 
it to determine whether you need to have an Antidrug and Alcohol Misuse 
Prevention Program Operations Specification, or whether you need to 
register with the FAA. Your employees who perform safety-sensitive 
duties must be tested in accordance with this appendix. The chart 
follows:

------------------------------------------------------------------------
             If you are . . .                      You must . . .
------------------------------------------------------------------------
1. Apply for a part 121 certificate or      a. Have an Antidrug and
 apply for a part 135 certificate.           Alcohol Misuse Prevention
                                             Program Operations
                                             Specification,
                                            b. Implement an FAA antidrug
                                             program no later than the
                                             date you start operations,
                                             and
                                            c. Meet the requirements of
                                             this appendix.
2. Intend to begin sightseeing operations   a. Register with the FAA,
 as defined in Sec. 135.1(c) of this       Office of Aerospace
 chapter.                                    Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 prior
                                             to starting operations,
                                            b. Implement an FAA antidrug
                                             program no later than the
                                             date you start operations,
                                             and
                                            c. Meet the requirements of
                                             this appendix.
3. Intend to begin air traffic control      a. Register with the FAA,
 operations (at an air traffic control       Office of Aerospace
 facility not operated by the FAA or by or   Medicine, Drug Abatement
 under contract to the U.S. military).       Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591,
                                            b. Implement an FAA antidrug
                                             program no later than the
                                             date you start operations,
                                             and
                                            c. Meet the requirements of
                                             this appendix.
------------------------------------------------------------------------

    C. 1. If you are an individual or company that intends to provide 
safety-sensitive services by contract to a part 121 or 135 certificate 
holder, a sightseeing operation 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, use the chart in paragraph 
C.2 of this section to determine what you must do if you opt to have 
your own antidrug program.
    2. The following chart explains what you must do if you opt to have 
your own antidrug program:

------------------------------------------------------------------------
               If you . . .                        You must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder......  i. Have an Antidrug and
                                             Alcohol Misuse Prevention
                                             Program Operations
                                             Specification,
                                            ii. Implement an FAA
                                             Antidrug Program no later
                                             than the date you start
                                             performing safety-sensitive
                                             functions for a part 121 or
                                             135 certificate holder or
                                             sightseeing operator as
                                             defined in Sec. 135.1(c)
                                             of this chapter, and
                                            iii. Meet the requirements
                                             of this appendix as if you
                                             were an employer.
b. Are a contractor (e.g., a security       i. Register with the FAA,
 company, a non-certificated repair          Office of Aerospace
 station, a temporary employment service     Medicine, Drug Abatement
 company or any other individual or          Division (AAM-810), 800
 company that provides safety-sensitive      Independence Avenue, SW,
 services).                                  Washington, DC 20591,
                                            ii. Implement an FAA
                                             Antidrug Program no later
                                             than the date you start
                                             performing safety-sensitive
                                             functions for a part 121 or
                                             135 certificate holder, a
                                             sightseeing 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, and
                                            iii. Meet the requirements
                                             of this appendix as if you
                                             were an employer.
------------------------------------------------------------------------

    D. 1. To obtain an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification, you must contact your FAA Principal Operations 
Inspector or Principal Maintenance Inspector. Provide him/her with the 
following information:
    a. Company name.
    b. Certificate number.
    c. Telephone number.
    d. Address where your Antidrug and Alcohol Misuse Prevention Program 
records are kept.
    e. Whether you have 50 or more safety-sensitive employees, or 49 or 
fewer safety-sensitive employees. (Part 121 certificate holders are not 
required to provide this information.)

[[Page 622]]

    2. You must certify on your Antidrug and Alcohol Misuse Prevention 
Program Operations Specification issued by your FAA Principal Operations 
Inspector or Principal Maintenance Inspector that you will comply with 
this appendix, appendix J of this part, and 49 CFR part 40.
    3. You are required to obtain only one Antidrug and Alcohol Misuse 
Prevention Program Operations Specification to satisfy this requirement 
under this appendix and appendix J of this part.
    4. You must update the Antidrug and Alcohol Misuse Prevention 
Program Operations Specification when any changes to the information 
contained in the Operation Specification occur.
    E. 1. To register with the FAA, submit the following information:
    a. Company name.
    b. Telephone number.
    c. Address where your Antidrug and Alcohol Misuse Prevention Program 
records are kept.
    d. Type of safety-sensitive functions you perform for an employer 
(such as flight instruction duties, aircraft dispatcher duties, 
maintenance or preventive maintenance duties, ground security 
coordinator duties, aviation screening duties, air traffic control 
duties).
    e. Whether you have 50 or more safety-sensitive employees, or 49 or 
fewer covered employees.
    f. A signed statement indicating that: your company will comply with 
this appendix, appendix J of this part, and 49 CFR part 40; and, if you 
are a contractor, you intend to provide safety-sensitive functions by 
contract to a part 121 or part 135 certificate holder, a sightseeing 
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.
    2. Send this information in the form and manner prescribed by the 
Administrator, in duplicate to: The Federal Aviation Administration, 
Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 
Independence Avenue, SW., Washington, DC 20591.
    3. Update the registration information as changes occur. Send the 
updates in duplicate to the address specified in paragraph 2.
    4. This registration will satisfy the registration requirements for 
both your Antidrug Program under this appendix and your Alcohol Misuse 
Prevention Program under appendix J of this part.
    X. Annual Reports.
    A. Annual reports of testing results must be submitted to the FAA 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 this part, 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. As an employer, you must use the Management Information System 
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 
40.26 and appendix H to 49 CFR part 40). You may also use the electronic 
version of the MIS form provided by DOT. The Administrator may designate 
means (e.g., electronic program transmitted via the Internet) other than 
hard-copy, for MIS form submission. For information on where to submit 
MIS forms and for the electronic version of the form, see: http://
www.faa.gov/avr/aam/adap.
    C. A service agent may prepare the MIS report on behalf of an 
employer. However, a company official (e.g., Designated Employer 
Representative as defined in 49 CFR part 40) must certify the accuracy 
and completeness of the MIS report, no matter who prepares it.
    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 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. Testing Outside the Territory of the United States. A. No part 
of the testing process (including specimen collection, laboratory 
processing, and MRO actions) shall be conducted 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.

[[Page 623]]

    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.
    XIII. Waivers from 49 CFR 40.21. An employer subject to this part 
may petition the Drug Abatement Division, Office of Aerospace Medicine, 
for a waiver allowing the employer to stand down an employee following a 
report of a laboratory confirmed positive drug test or refusal, pending 
the outcome of the verification process.
    A. Each petition for a waiver must be in writing and include 
substantial facts and justification to support the waiver. Each petition 
must satisfy the substantive requirements for obtaining a waiver, as 
provided in 49 CFR 40.21.
    B. Each petition for a waiver must be submitted to the Federal 
Aviation Administration, Office of Aerospace Medicine, Drug Abatement 
Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.
    C. The Administrator may grant a waiver subject to 49 CFR 40.21(d).

[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; 65 FR 18887, Apr. 10, 2000; 
66 FR 41966, Aug. 9, 2001; Amdt. 121-287, 66 FR 57866, Nov. 19, 2001; 68 
FR 75460, Dec. 31, 2003; Amdt. 121-302, 69 FR 1855, Jan. 12, 2004]

        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. Employer Responsibility. As an employer, you are responsible for 
all actions of your officials, representatives, and service agents in 
carrying out the requirements of the DOT agency regulations.
    D. 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.
    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.
    Contractor means an individual or company that performs a safety-
sensitive function by contract for an employer or another contractor.
    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.
    Refusal to submit means that a covered employee engages in conduct 
specified in 49 CFR 40.261.
    Safety-sensitive function means a function listed in section II of 
this appendix.
    Violation rate for random alcohol testing means the number of 0.04 
and above random alcohol confirmation test results conducted under this 
appendix plus the number of refusals of random alcohol tests required by 
this appendix, divided by the total number of random alcohol screening 
tests (including refusals) conducted under this appendix.
    E. 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:

[[Page 624]]

    (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.
    F. 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.
    G. 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.
    H. Applicable Federal Regulations. The following applicable 
regulations appear in 49 CFR and 14 CFR:

                                1. 49 CFR

 Part 40--Procedures for Transportation Workplace Drug Testing Programs

                                2. 14 CFR

61.14--Refusal to submit to a drug or alcohol test.
63.12b--Refusal to submit to a drug or alcohol test.
65.23--Refusal to submit to a drug or alcohol test.
65.46a--Misuse of Alcohol.
65.46b--Testing for Alcohol.
67.107--First-Class Airman Medical Certificate, Mental.
67.207--Second-Class Airman Medical Certificate, Mental.
67.307--Third-Class Airman Medical Certificate, Mental.
121.458--Misuse of alcohol.
121.459--Testing for alcohol.
135.1--Applicability.
135.253--Misuse of alcohol.
135.255--Testing for alcohol.
    I. Falsification. No person may make, or cause to be made, any of 
the following:
    1. Any fraudulent or intentionally false statement in any 
application of an alcohol misuse prevention program.
    2. Any fraudulent or intentionally false entry in any record or 
report that is made, kept, or used to show compliance with this 
appendix.
    3. Any reproduction or alteration, for fraudulent purposes, of any 
report or record required to be kept by this appendix.

                          II. Covered Employees

    A. Each employee, including any assistant, helper, or individual in 
a training status, who performs a safety-sensitive 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 alcohol misuse 
prevention program implemented in accordance with this appendix. This 
not only includes full-time and part-time employees, but temporary and 
intermittent employees regardless of the degree of supervision. The 
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.
    B. Each employer must identify any employee who is subject to the 
alcohol testing regulations of more than one DOT agency. Prior to 
conducting any alcohol test on a covered employee subject to the alcohol 
testing regulations of more than one DOT agency, the employer must 
determine which DOT agency authorizes or requires the test.

                           III. Tests Required

                        A. Pre-employment testing

    As an employer, you may, but are not required to, conduct pre-
employment alcohol testing under this part. If you choose to conduct 
pre-employment alcohol testing, you must comply with the following 
requirements:
    1. You must conduct a pre-employment alcohol test before the first 
performance of safety-sensitive functions by every covered employee 
(whether a new employee or someone who has transferred to a position 
involving the performance of safety-sensitive functions).
    2. You must treat all safety-sensitive employees performing safety-
sensitive functions the same for the purpose of pre-employment alcohol 
testing (i.e., you must not test some covered employees and not others).
    3. You must conduct the pre-employment tests after making a 
contingent offer of employment or transfer, subject to the employee 
passing the pre-employment alcohol test.
    4. You must conduct all pre-employment alcohol tests using the 
alcohol testing procedures of 49 CFR Part 40.

[[Page 625]]

    5. You must not allow a covered employee to begin performing safety-
sensitive functions unless the result of the employee's test indicates 
an alcohol concentration of 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.

                        B. Post-accident testing

    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. 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.
    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 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. As an employer, you must select and test a percentage of 
employees at least equal to the minimum annual percentage rate each 
year.
    (a) As an employer, to determine whether you have met the minimum 
annual percentage rate, you must divide the number of random alcohol 
screening test results for safety-sensitive employees by the average 
number

[[Page 626]]

of safety-sensitive employees eligible for random testing.
    (1) To calculate whether you have met the annual minimum percentage 
rate, count all random screening test results below 0.02 breath alcohol 
concentration, random screening test results of 0.02 or greater breath 
alcohol concentration, and random refusals as your ``random alcohol 
screening test results.''
    (2) To calculate the average number of safety-sensitive employees 
eligible for random testing throughout the year, add the total number of 
safety-sensitive employees eligible for testing during each random 
testing period for the year and divide that total by the number of 
random testing periods. Only safety-sensitive employees are to be in an 
employer's random testing pool, and all safety-sensitive employees must 
be in the random pool. If you are an employer conducting random testing 
more often than once per month (e.g., you select daily, weekly, bi-
weekly) you do not need to compute this total number of safety-sensitive 
employees more than on a once per month basis.
    (b) As an employer, you may use a service agent to perform random 
selections for you, and your safety-sensitive employees may be part of a 
larger random testing pool of safety-sensitive employees. However, you 
must ensure that the service agent you use is testing at the appropriate 
percentage established for your industry and that only safety-sensitive 
employees are in the random testing pool. For example:
    (1) If the service agent has your employees in a random testing pool 
for your company alone, you must ensure that the testing is conducted at 
least at the minimum annual percentage rate under this part.
    (2) If the service agent has your employees in a random testing pool 
combined with other FAA-regulated companies, you must ensure that the 
testing is conducted at least at the minimum annual percentage rate 
under this part.
    (3) If the service agent has your employees in a random testing pool 
combined with other DOT-regulated companies, you must ensure that the 
testing is conducted at least at the highest rate required for any DOT-
regulated company in the pool.
    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.
    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

[[Page 627]]

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) 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.
    (c) No employer shall take any action under this appendix against a 
covered employee based 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, Sec. 121.458, or Sec. 
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. The test cannot occur until after the SAP has determined that 
the employee has successfully complied with the prescribed education 
and/or treatment.

                          F. Follow-up Testing

    1. Each employer shall ensure that the employee who engages in 
conduct prohibited by Sec. 65.46a, Sec. 121.458, or Sec. 135.253 of 
this chapter is subject to unannounced follow-up alcohol testing as 
directed by a SAP.
    2. The number and frequency of such testing shall be determined by 
the employer's SAP, but must consist of at least six tests in the first 
12 months following the employee's return to duty.
    3. The employer must direct the employee to undergo testing for 
drugs in accordance with appendix I of this part, in addition to 
alcohol, if the SAP determines that drug testing is necessary for the 
particular employee. Any such drug 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 SAP may terminate the requirement for follow-up 
testing at any time after the first six tests have been conducted, if 
the SAP determines that such testing is no longer necessary.
    5. A covered employee shall be tested for alcohol 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. In addition to the records required to be 
maintained under 49 CFR part 40, employers must maintain records 
required by this appendix in a secure location with controlled access.
    2. Period of retention.
    (a) Five years.
    (1) Copies of any annual reports submitted to the FAA under this 
appendix for a minimum of 5 years.
    (2) 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.
    (3) Documents presented by a covered employee to dispute the result 
of an alcohol test administered under this appendix.
    (4) Records related to other violations of Sec. 65.46a, Sec. 
121.458, or Sec. 135.253 of this chapter.
    (b) Two years. Records related to the testing process and training 
required under this appendix.
    (1) Documents related to the random selection process.
    (2) Documents generated in connection with decisions to administer 
reasonable suspicion alcohol tests.

[[Page 628]]

    (3) Documents generated in connection with decisions on post-
accident tests.
    (4) Documents verifying existence of a medical explanation of the 
inability of a covered employee to provide adequate breath for testing.
    (5) Materials on alcohol misuse awareness, including a copy of the 
employer's policy on alcohol misuse.
    (6) Documentation of compliance with the requirements of section VI, 
paragraph A of this appendix.
    (7) Documentation of training provided to supervisors for the 
purpose of qualifying the supervisors to make a determination concerning 
the need for alcohol testing based on reasonable suspicion.
    (8) Certification that any training conducted under this appendix 
complies with the requirements for such training.

                            B. Annual Reports

    1. Annual reports of alcohol misuse prevention program results must 
be submitted to the FAA by March 15 of the succeeding calendar year for 
the prior 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 this part, 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.
    (c) 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.
    2. As an employer, you must use the Management Information System 
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 
40.26 and appendix H to 49 CFR part 40). You may also use the electronic 
version of the MIS form provided by the DOT. The Administrator may 
designate means (e.g., electronic program transmitted via the Internet) 
other than hard-copy, for MIS form submission. For information on where 
to submit MIS forms and for the electronic version of the form, see: 
http://www.faa.gov/avr/aam/adap.
    3. A service agent may prepare the MIS report on behalf of an 
employer. However, a company official (e.g., Designated Employer 
Representative as defined in 49 CFR part 40) must certify the accuracy 
and completeness of the MIS report, no matter who prepares it.

                   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 in 
accordance with 49 CFR part 40. 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 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 49 CFR part 40, 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.C. of this appendix within

[[Page 629]]

2 working days of the employer's receipt of the report.
    3. All documents must be sent to the Federal Air Surgeon, Federal 
Aviation Administration, Office of Aerospace Medicine, Attn: Drug 
Abatement Division (AAM-800), 800 Independence Avenue, SW, Washington, 
DC 20591.
    4. No covered employee who is required to hold a medical certificate 
under part 67 of this chapter to perform a safety-sensitive duty shall 
perform that duty following a violation of this appendix until and 
unless the Federal Air Surgeon has recommended that the employee be 
permitted to perform such duties.
    5. Once the Federal Air Surgeon has recommended under paragraph C.4. 
of this section that the employee be permitted to perform safety-
sensitive duties, the employer cannot permit the employee to perform 
those safety-sensitive duties until the employer has ensured that the 
employee meets the return to duty requirements in accordance with 49 CFR 
part 40.

                          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 must be sent to: Federal Aviation 
Administration, Office of Aerospace Medicine, Drug Abatement Division 
(AAM-800), 800 Independence Avenue, SW, Washington, DC 20591.
    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 49 
CFR part 40. 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 49 CFR part 40.

                    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 Substance Abuse 
                              Professional

 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.

[[Page 630]]

    (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 process in 49 CFR part 40, subpart O.
    (j) The consequences for covered employees found to have an alcohol 
concentration of 0.02 or greater but less than 0.04.
    (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. Substance Abuse Professional (SAP) Duties

    The SAP must perform the functions set forth in 49 CFR part 40, 
Subpart O, and this appendix.

       VII. How To Implement an Alcohol Misuse Prevention Program

    A. Each company must meet the requirements of this appendix. Use the 
following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations Specification 
or whether you must register with the FAA:

------------------------------------------------------------------------
             If you are . . .                      You must . . .
------------------------------------------------------------------------
1. A part 121 or 135 certificate holder...  Obtain an Antidrug and
                                             Alcohol Misuse Prevention
                                             Program Operations
                                             Specification by contacting
                                             your FAA Principal
                                             Operations Inspector.
2. A sightseeing operator as defined in     Register with the FAA,
 Sec. 135.1(c).                            Office of Aerospace
                                             Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.
3. An air traffic control facility not      Register with the FAA,
 operated by the FAA or by or under          Office of Aerospace
 contract to the U.S. Military.              Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.
4. A part 145 certificate holder who has    Obtain an Antidrug and
 your own alcohol misuse prevention          Alcohol Misuse Prevention
 program.                                    Program Operations
                                             Specification by contacting
                                             your FAA Principal
                                             Maintenance Inspector.
5. A contractor who has your own alcohol    Register with the FAA,
 misuse prevention program.                  Office of Aerospace
                                             Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 by
                                             March 12, 2004.
------------------------------------------------------------------------

    B. Use the following chart for implementing an Alcohol Misuse 
Prevention Program if you are applying for a part 121 or 135 
certificate, if you intend to begin sightseeing operations as defined in 
Sec. 135.1(c) of this chapter, or if you intend to begin air traffic 
control operations (not operated by the FAA or by or under contract to 
the U.S. military.) Use it to determine whether you need to have an 
Antidrug and Alcohol Misuse Prevention Program Operations Specification, 
or whether you need to register with the FAA. Your employees who perform 
safety-sensitive duties must be tested in accordance with this appendix. 
The chart follows:

------------------------------------------------------------------------
               If you . . .                        You must . . .
------------------------------------------------------------------------
1. Apply for a part 121 certificate or      a. Have an Antidrug and
 apply for a part 135 certificate.           Alcohol Misuse Prevention
                                             Operations Specification,
                                            b. Implement an FAA Alcohol
                                             Misuse Prevention Program
                                             no later than the date you
                                             start operations, and
                                            c. Meet the requirements of
                                             this appendix.
2. Intend to begin sightseeing operations   a. Register with the FAA,
 as defined in Sec. 135.1(c) of this       Office of Aerospace
 chapter..                                   Medicine, Drug Abatement
                                             Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591 prior
                                             to starting operations,
                                            b. Implement an FAA Alcohol
                                             Misuse Prevention Program
                                             no later than the date you
                                             start operations, and
                                            c. Meet the requirements of
                                             this appendix.

[[Page 631]]

 
3. Intend to begin air traffic control      a. Register with the FAA,
 operations (at an air traffic control       Office of Aerospace
 facility not operated by the FAA or by or   Medicine, Drug Abatement
 under contract to the U.S. military).       Division (AAM-810), 800
                                             Independence Avenue, SW,
                                             Washington, DC 20591,
                                            b.Implement an FAA Alcohol
                                             Misuse Prevention Program
                                             no later than the date you
                                             start operations, and
                                            c. Meet the requirements of
                                             this appendix.
------------------------------------------------------------------------

    C. 1. If you are an individual or a company that intends to provide 
safety-sensitive services by contract to a part 121 or 135 certificate 
holder or a sightseeing operator as defined in Sec. 135.1(c) of this 
chapter, use the chart in paragraph C.2. of this section to determine 
what you must do if you opt to have your own Alcohol Misuse Prevention 
Program.
    2. The following chart explains what you must do if you opt to have 
your own Alcohol Misuse Prevention Program:

------------------------------------------------------------------------
               If you . . .                        You must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder......  i. Have an Antidrug and
                                             Alcohol Misuse Prevention
                                             Program Operations
                                             Specification,
                                            ii. Implement an FAA Alcohol
                                             Misuse Prevention Program
                                             no later than the date you
                                             start performing safety-
                                             sensitive functions for a
                                             part 121 or 135 certificate
                                             holder or sightseeing
                                             operator as defined in Sec.
                                               135.1(c) of this chapter,
                                             and
                                            iii. Meet the requirements
                                             of this appendix as if you
                                             were an employer.
b. Are a contractor (e.g., a security       i. Register with the FAA,
 company, a noncertificated repair           Office of Aerospace
 station, a temporary employment service     Medicine, Drug Abatement
 company or any other individual or          Division (AAM-810), 800
 company that provides safety-sensitive      Independence Avenue, SW.,
 services).                                  Washington, DC 20591,
                                            ii. Implement an FAA Alcohol
                                             Misuse Prevention Program
                                             no later than the date you
                                             start performing safety-
                                             sensitive functions for a
                                             part 121 or 135 certificate
                                             holder or sightseeing
                                             operator as defined in Sec.
                                               135.1(c) of this chapter,
                                             and
                                            iii. Meet the requirements
                                             of this appendix as if you
                                             were an employer.
------------------------------------------------------------------------

    D. 1. To obtain an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification, you must contact your FAA Principal Operations 
Inspector or Principal Maintenance Inspector. Provide him/her with the 
following information:
    a. Company name.
    b. Certificate number.
    c. Telephone number.
    d. Address where your Antidrug and Alcohol Misuse Prevention Program 
records are kept.
    e. Whether you have 50 or more covered employees, or 49 or fewer 
covered employees. (Part 121 certificate holders are not required to 
provide this information.)
    2. You must certify on your Antidrug and Alcohol Misuse Prevention 
Program Operations Specification, issued by your FAA Principal 
Operations Inspector or Principal Maintenance Inspector, that you will 
comply with appendix I of this part, this appendix, and 49 CFR part 40.
    3. You are required to obtain only one Antidrug and Alcohol Misuse 
Prevention Program Operations Specification to satisfy this requirement 
under appendix I of this part and this appendix.
    4. You must update the Antidrug and Alcohol Misuse Prevention 
Program Operations Specification when any changes to the information 
contained in the Operation Specification occur.
    E. 1. To register with the FAA, submit the following information:
    a. Company name.
    b. Telephone number.
    c. Address where your Antidrug and Alcohol Misuse Prevention Program 
records are kept.
    d. Type of safety-sensitive functions you perform for an employer 
(such as flight instruction duties, aircraft dispatcher duties, 
maintenance or preventive maintenance duties, ground security 
coordinator duties, aviation screening duties, air traffic control 
duties).
    e. Whether you have 50 or more covered employees, or 49 or fewer 
covered employees.
    f. A signed statement indicating that: Your company will comply with 
this appendix, appendix I of this part, and 49 CFR part 40; and, if you 
are a contractor, you intend to provide safety-sensitive functions by 
contract to a part 121 or part 135 certificate holder, a sightseeing 
operator as defined by 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.
    2. Send this information in the form and manner prescribed by the 
Administrator, in duplicate to: The Federal Aviation Administration, 
Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 
Independence Avenue, SW., Washington, DC 20591.
    3. Update the registration information as changes occur. Send the 
updates in duplicate to the address specified in paragraph 2.
    4. This registration will satisfy the registration requirements for 
both your Antidrug Program under appendix I of this part

[[Page 632]]

and your Alcohol Misuse Prevention Program under this appendix.

                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; 65 FR 18887, Apr. 10, 2000; 66 FR 
41967, Aug. 9, 2001; Amdt. 121-287, 66 FR 57866, Nov. 19, 2001; 68 FR 
75461, Dec. 31, 2003; 69 FR 1858, Jan. 12, 2004; 69 FR 12938, Mar. 18, 
2004]

    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 Sec. Sec. 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 
Sec. Sec. 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, 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

[[Page 633]]

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 Sec. Sec. 121.189 through 121.197.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Doc. No. OST-
2002-13435]

 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.

------------------------------------------------------------------------
                                                      Provisions: CFR/FR
        Part 121 section         Applicable aircraft      references
------------------------------------------------------------------------
Sec. 121.312(a)(1)(i)........  Transport category;  Heat release rate
                                  or nontransport      testing. 14 CFR
                                  category type        25.853(d) in
                                  certificated         effect March 6,
                                  before January 1,    1995: 14 CFR
                                  1965; passenger      parts 1 to 59,
                                  capacity of 20 or    Revised as of
                                  more; manufactured   January 1, 1995,
                                  prior to August      and amended by
                                  20, 1990.            Amdt 25-83, 60 FR
                                                       6623, February 2,
                                                       1995.
                                                      Formerly 14 CFR
                                                       25.853(a-1) in
                                                       effect August 20,
                                                       1986: 14 CFR
                                                       parts 1 to 59,
                                                       Revised as of
                                                       January 1, 1986.
Sec. 121.312(a)(1)(ii).......  Transport category;  Heat release rate
                                  or nontransport      and smoke
                                  category type        testing. 14 CFR
                                  certificated         25.853(d) in
                                  before January 1,    effect March 6,
                                  1965; passenger      1995: 14 CFR
                                  capacity of 20 or    parts 1 to 59,
                                  more; manufactured   Revised as of
                                  after August 19,     January 1, 1995,
                                  1990.                and amended by
                                                       Amdt 25-83, 60 FR
                                                       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 category;  Provisions of 14
                                  or nontransport      CFR 25.853 in
                                  category type        effect on April
                                  certificate before   30, 1972: 14 CFR
                                  January 1, 1965;     parts 1 to 59,
                                  application for      Revised as of
                                  type certificate     January 1, 1972.
                                  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 category   Heat release rate
                                  type certificated    testing. 14 CFR
                                  after January 1,     25.853(d) in
                                  1958; nontransport   effect March 6,
                                  category type        1995: 14 CFR
                                  certificated after   parts 1 to 59,
                                  January 1, 1958,     Revised as of
                                  but before January   January 1, 1995;
                                  1, 1965; passenger   and amended by
                                  capacity of 20 or    Amdt 25-83, 60 FR
                                  more;                6623, February 2,
                                  substantially        1995.
                                  complete            Formerly 14 CFR
                                  replacement of the   25.853(a-1) in
                                  cabin interior on    effect August 20,
                                  or after March 6,    1986: 14 CFR
                                  1995.                parts 1 to 59,
                                                       Revised as of
                                                       January 1, 1986.
Sec. 121.312(a)(3)(ii).......  Transport category   Heat release rate
                                  type certificated    and smoke
                                  after January 1,     testing. 14 CFR
                                  1958; nontransport   25.853(d) in
                                  category type        effect March 6,
                                  certificated after   1995; 14 CFR
                                  January 1, 1958,     parts 1 to 59,
                                  but before January   Revised as of
                                  1, 1965; passenger   January 1, 1995;
                                  capacity of 20 or    and amended by
                                  more;                Amdt 25-83, 60 FR
                                  substantially        6623, February 2,
                                  complete             1995.
                                  replacement of the  Formerly 14 CFR
                                  cabin interior on    Sec. 25.853(a-
                                  or after August      1) in effect
                                  20, 1990.            September 26,
                                                       1988: CFR, Title
                                                       14, Parts 1 to
                                                       59, Revised as of
                                                       January 1, 1988,
                                                       and amended by
                                                       Amdt 25-66, 53 FR
                                                       32584, August 25,
                                                       1988.

[[Page 634]]

 
Sec. 121.312(b) (1) and (2)..  Transport category   Seat cushions. 14
                                  airplane type        CFR 25.853(c)
                                  certificated after   effective on
                                  January 1, 1958;     November 26,
                                  Nontransport         1984: 14 CFR
                                  category airplane    parts 1 to 59,
                                  type certificated    Revised as of
                                  after December 31,   January 1, 1984,
                                  1964.                and amended by
                                                       Amdt 25-59, 49 FR
                                                       43188, October
                                                       26, 1984.
Sec. 121.312(c)..............  Airplane type        Compartment
                                  certificated in      interior
                                  accordance with      requirements. 14
                                  SFAR No. 41;         CFR 25.853(a) in
                                  maximum              effect March 6,
                                  certificated         1995: 14 CFR
                                  takeoff weight in    parts 1 to 59,
                                  excess of 12,500     Revised as of
                                  pounds.              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.
Sec. 121.314(a)..............  Transport category   Class C or D cargo
                                  airplanes type       or baggage
                                  certificated after   compartment
                                  January 1, 1958.     definition, 14
                                                       CFR 25.857 in
                                                       effect on June
                                                       16, 1986, 14 CFR
                                                       parts 1 to 59,
                                                       Revised 1/1/97,
                                                       and amended by
                                                       Amendment 25-60,
                                                       51 FR 18243, May
                                                       16, 1986.
------------------------------------------------------------------------


[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Amdt. 121-
269, 63 FR 8049, Feb. 17, 1998]

     Appendix M to Part 121--Airplane Flight Recorder Specifications

 The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
                                                       be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Accuracy (sensor      Seconds per sampling
             Parameters                       Range                  input)                 interval              Resolution              Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Times            24 Hrs, 0 to 4095.....  0.125% Per Hour.                                                   when available.
                                                                                                                                    Count increments
                                                                                                                                    each 4 second of
                                                                                                                                    system operation.
2. Pressure Altitude...............  -1000 ft to max         100 to 700                                                   air data computer
                                                              ft (see table, TSO                                                    when practicable.
                                                              C124a or TSO C51a).
3. Indicated airspeed or Calibrated  50 KIAS or minimum      5% and 3%.                                                   air data computer
                                                                                                                                    when practicable.
4. Heading (Primary flight crew      0-360[deg] and          2[deg].                                                            heading can be
                                      ``mag''.                                                                                      selected as the
                                                                                                                                    primary heading
                                                                                                                                    reference, a
                                                                                                                                    discrete indicating
                                                                                                                                    selection must be
                                                                                                                                    recorded.
5. Normal acceleration (vertical)    -3g to +6g............  1% of max range
                                                              excluding datum error
                                                              of 5%.
6. Pitch Attitude..................  75[deg].             eq>2[deg].              airplanes operated                            0.25 is recommended.
                                                                                      under Sec.
                                                                                      121.344(f).
7. Roll attitude \2\...............  180[deg].            eq>2[deg].              airplanes operated                            0.5 is recommended.
                                                                                      under Sec.
                                                                                      121.344(f).
8. Manual Radio Transmitter Keying   On-Off (Discrete).....  ......................  1....................  .....................  Preferably each crew
 or CVR/DFDR synchronization         None..................                                                                         member but one
 reference.                                                                                                                         discrete acceptable
                                                                                                                                    for all transmission
                                                                                                                                    provided the CVR/FDR
                                                                                                                                    system complies with
                                                                                                                                    TSO C124a CVR
                                                                                                                                    synchronization
                                                                                                                                    requirements
                                                                                                                                    (paragraph 4.2.1 ED-
                                                                                                                                    55).

[[Page 635]]

 
9. Thrust/power on each engine--     Full range forward....  2%.                                                                (e.g. EPR, N1 or
                                                                                                                                    Torque, NP) as
                                                                                                                                    appropriate to the
                                                                                                                                    particular engine
                                                                                                                                    being recorded to
                                                                                                                                    determine power in
                                                                                                                                    forward and reverse
                                                                                                                                    thrust, including
                                                                                                                                    potential overspeed
                                                                                                                                    condition.
10. Autopilot Engagement...........  Discrete ``on'' or      ......................  1....................  .....................  .....................
                                      ``off''.
11. Longitudinal Acceleration......  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
12a. Pitch control(s) (non fly-by-   Full range............  2% Unless higher     airplanes operated                            have a flight
                                                              accuracy uniquely       under $121.344(f).                            control break away
                                                              required.                                                             capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
12b. Pitch Control(s) position (fly- Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required..     121.344(f)..
13a. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated                            have a flight
                                                              Higher Accuracy         under Sec. control break away
                                                              Uniquely Required.      121.344(f).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
13b. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      121.344(f).
14a. Yaw control position(s) (non-   Full range............  2[deg] Unless                                                      have a flight
                                                              higher accuracy                                                       control break away
                                                              uniquely required.                                                    capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5.
14b. Yaw Control position(s) (fly-   Full Range............  2[deg] Unless
                                                              Higher Accuracy
                                                              Uniquely Required.
15. Pitch Control Surface(s)         Full Range............  2[deg] Unless        airplanes operated                            with multiple or
                                                              Higher Accuracy         under Sec. split surfaces, a
                                                              Uniquely Required..     121.344(f)..                                  suitable combination
                                                                                                                                    of inputs is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.

[[Page 636]]

 
16. Lateral control surface(s)       Full range............  2[deg] Unless        airplanes operated                            combination of
                                                              higher accuracy         under Sec. surface position
                                                              uniquely required.      121.344(f).                                   sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.
17. Yaw Control Surface(s)           Full Range............  2[deg] Unless                                                      multiple or split
                                                              Higher Accuracy                                                       surfaces, a suitable
                                                              Uniquely Required.                                                    combination of
                                                                                                                                    surface position
                                                                                                                                    sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sapling
                                                                                                                                    interval of 0.5.
18. Lateral Acceleration...........  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
19. Pitch trime surface position...  Full range............  3[deg] Unless
                                                              higher accuracy
                                                              uniquely required.
20. Trailing Edge Flap or Cockpit    Full Range or Each      3[deg] or as                                                       cockpit control may
                                                              Pilot's indicator.                                                    each be sampled at 4
                                                                                                                                    second intervals, to
                                                                                                                                    give a data point
                                                                                                                                    every 2 seconds.
21. Leading Edge Flap or Cockpit     Full Range or Each      3[deg] or as                                                       or flap position and
                                                              Pilot's indicator and                                                 cockpit control may
                                                              sufficient to                                                         each be sampled at 4
                                                              determine each                                                        second intervals, so
                                                              discrete position.                                                    as to give a data
                                                                                                                                    point every 2
                                                                                                                                    seconds.
22. Each Thrust Reverser Position    Stowed, In Transit,     ......................  1 (per engine).......  .....................  Turbo-jet--2
 (or equivalent for propeller         and Reverse                                                                                   discretes enable the
 airplane).                           (Discrete).                                                                                   3 states to be
                                                                                                                                    determined.
                                                                                                                                   Turbo-prop--discrete.
23. Ground spoiler position or       Full range or each      2[deg] Unless        airplanes operated
                                                              higher accuracy         under Sec.
                                                              uniquely required.      121.344(f).
24. Outside Air Temperature or       -50 [deg]C to +90       2 [deg]C.
25. Autopilot/Autothrottle/AFCS      A suitable combination  ......................  1....................  .....................  Discretes should show
 Mode and Engagement Status.          of discretes.                                                                                 which systems are
                                                                                                                                    engaged and which
                                                                                                                                    primary modes are
                                                                                                                                    controlling the
                                                                                                                                    flight path and
                                                                                                                                    speed of the
                                                                                                                                    aircraft.
26. Radio Altitude \14\............  -20 ft to 2,500 ft....  2 ft or 3%                                                    radio altimeter
                                                              whichever is greater                                                  should be recorded,
                                                              below 500 ft and                                                      but arranged so that
                                                              5% above 500 ft.                                                   recorded each
                                                                                                                                    second.

[[Page 637]]

 
27. Localizer Deviation, MLS         400 Microamps or     minus3%                                                    3 operations. Each
                                      available sensor        recommended.                                                          system should be
                                      range as installed.                                                                           recorded but
                                     62[deg].                                                                                   least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
28. Glideslope Deviation, MLS        400 Microamps or     recommended.                                                          3 operations. Each
 Deviation.                           available sensor                                                                              system should be
                                      range as installed                                                                            recorded but
                                     0.9 to +30[deg].......                                                                         arranged so that at
                                                                                                                                    least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
29. Marker Beacon Passage..........  Discrete ``on'' or      ......................  1....................  .....................  A single discrete is
                                      ``off''.                                                                                      acceptable for all
                                                                                                                                    markers.
30. Master Warning.................  Discrete..............  ......................  1....................  .....................  Record the master
                                                                                                                                    warning and record
                                                                                                                                    each ``red'' warning
                                                                                                                                    that cannot be
                                                                                                                                    determined from
                                                                                                                                    other parameters or
                                                                                                                                    from the cockpit
                                                                                                                                    voice recorder.
31. Air/ground sensor (primary       Discrete ``air'' or     ......................  1 (0.25 recommended).
 airplane system reference nose or    ``ground''.
 main gear).
32. Angle of Attack (If measured     As installed..........  As installed..........  2 or 0.5 for           0.3% of full range...  If left and right
 directly).                                                                           airplanes operated                            sensors are
                                                                                      under Sec. available, each may
                                                                                      121.344(f).                                   be recorded at 4 or
                                                                                                                                    1 second intervals,
                                                                                                                                    as appropriate, so
                                                                                                                                    as to give a data
                                                                                                                                    point at 2 seconds
                                                                                                                                    or 0.5 second, as
                                                                                                                                    required.
33. Hydraulic Pressure Low, Each     Discrete or available   5%.
                                      or ``normal''.
34. Groundspeed....................  As Installed..........  Most Accurate Systems   1....................  0.2% of full range...
                                                              Installed.
35. GPWS (ground proximity warning   Discrete ``warning''    ......................  1....................  .....................  A suitable
 system).                             or ``off''.                                                                                   combination of
                                                                                                                                    discretes unless
                                                                                                                                    recorder capacity is
                                                                                                                                    limited in which
                                                                                                                                    case a single
                                                                                                                                    discrete for all
                                                                                                                                    modes is acceptable.
36. Landing Gear Position or         Discrete..............  ......................  4....................  .....................  A suitable
 Landing gear cockpit control                                                                                                       combination of
 selection.                                                                                                                         discretes should be
                                                                                                                                    recorded.
37. Drift Angle.\15\...............  As installed..........  As installed..........  4....................  0.1[deg].............  .....................
38. Wind Speed and Direction.......  As installed..........  As installed..........  4....................  1 knot, and 1.0[deg].
39. Latitude and Longitude.........  As installed..........  As installed..........  4....................  0.002[deg], or as      Provided by the
                                                                                                             installed.             Primary Navigation
                                                                                                                                    System Reference.
                                                                                                                                    Where capacity
                                                                                                                                    permits Latitude/
                                                                                                                                    longitude resolution
                                                                                                                                    should be
                                                                                                                                    0.0002[deg].
40. Stick shaker and pusher          Discrete(s) ``on'' or   ......................  1....................  .....................  A suitable
 activation.                          ``off''.                                                                                      combination of
                                                                                                                                    discretes to
                                                                                                                                    determine
                                                                                                                                    activation.
41. Windshear Detection............  Discrete ``warning''    ......................  1....................
                                      or ``off''.

[[Page 638]]

 
42. Throttle/power Leverl            Full Range............  2%.                                                                non-mechanically
                                                                                                                                    linked cockpit
                                                                                                                                    engine controls.
43. Additional Engine Parameters...  As installed..........  As installed..........  Each engine each       2% of full range.....  Where capacity
                                                                                      second.                                       permits, the
                                                                                                                                    preferred priority
                                                                                                                                    is indicated
                                                                                                                                    vibration level, N2,
                                                                                                                                    EGT, Fuel Flow, Fuel
                                                                                                                                    Cut-off lever
                                                                                                                                    position and N3,
                                                                                                                                    unless engine
                                                                                                                                    manufacturer
                                                                                                                                    recommends
                                                                                                                                    otherwise.
44. Traffic Alert and Collision      Discretes.............  As installed..........  1....................  .....................  A suitable
 Avoidance System (TCAS).                                                                                                           combination of
                                                                                                                                    discretes should be
                                                                                                                                    recorded to
                                                                                                                                    determine the status
                                                                                                                                    of--Combined
                                                                                                                                    Control, Vertical
                                                                                                                                    Control, Up
                                                                                                                                    Advisory, and Down
                                                                                                                                    Advisory. (ref.
                                                                                                                                    ARINC Characteristic
                                                                                                                                    735 Attachment 6E,
                                                                                                                                    TCAS VERTICAL RA
                                                                                                                                    DATA OUTPUT WORD.)
45. DME 1 and 2 Distance...........  0-200 NM..............  As installed..........  4....................  1 NM.................  1 mile
46. Nav 1 and 2 Selected Frequency.  Full Range............  As installed..........  4....................  .....................  Sufficient to
                                                                                                                                    determine selected
                                                                                                                                    frequency
47. Selected barometric setting....  Full Range............  5%.
48. Selected Altitude..............  Full Range............  5%.
49. Selected speed.................  Full Range............  5%.
50. Selected Mach..................  Full Range............  5%.
51. Selected vertical speed........  Full Range............  5%.
52. Selected heading...............  Full Range............  5%.
53. Selected flight path...........  Full Range............  5%.
54. Selected decision height.......  Full Range............  5%.
55. EFIS display format............  Discrete(s)...........  ......................  4....................  .....................  Discretes should show
                                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail,
                                                                                                                                    composite, sector,
                                                                                                                                    plan, nav aids,
                                                                                                                                    weather radar,
                                                                                                                                    range, copy.
56. Multi-function/Engine Alerts     Discrete(s)...........  ......................  4....................  .....................  Discretes should show
 Display format.                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail, and
                                                                                                                                    the identity of
                                                                                                                                    display pages for
                                                                                                                                    emergency
                                                                                                                                    procedures, need not
                                                                                                                                    be recorded.
57. Thrust command.\17\............  Full Range............  2%.
58. Thrust target..................  Full Range............  2%.
59. Fuel quantity in CG trim tank..  Full Range............  5%.
60. Primary Navigation System        Discrete GPS, INS, VOR/ ......................  4....................  .....................  A suitable
 Reference.                           DME, MLS, Loran C,                                                                            combination of
                                      Omega, Localizer                                                                              discretes to
                                      Glideslope.                                                                                   determine the
                                                                                                                                    Primary Navigation
                                                                                                                                    System reference.
61. Ice Detection..................  Discrete ``ice'' or     ......................  4
                                      ``no ice''.
62. Engine warning each engine       Discrete..............  ......................  1
 vibration.

[[Page 639]]

 
63. Engine warning each engine over  Discrete..............  ......................  1
 temp.
64. Engine warning each engine oil   Discrete..............  ......................  1
 pressure low.
65. Engine warning each engine over  Discrete..............  ......................  1
 speed.
66. Yaw Trim Surface Position......  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
67. Roll Trim Surface Position.....  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
68. Brake Pressure (left and right)  As installed..........  5%.                                                                effort applied by
                                                                                                                                    pilots or by
                                                                                                                                    autobrakes.
69. Brake Pedal Application (left    Discrete or Analog      5% (Analog).                                                       applied by pilots.
                                      ``off''.
70. Yaw or sideslip angle..........  Full Range............  5%.
71. Engine bleed valve position....  Discrete ``open'' or    ......................  4
                                      ``closed''.
72. De-icing or anti-icing system    Discrete ``on'' or      ......................  4
 selection.                           ``off''.
73. Computed center of gravity.....  Full Range............  5%.
74. AC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
75. DC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
76 APU bleed valve position........  Discrete ``open'' or    ......................  4
                                      ``closed''.
77. Hydraulic Pressure (each         Full range............  5%.
78. Loss of cabin pressure.........  Discrete ``loss'' or    ......................  1....................  .....................  .....................
                                      ``normal''.
79. Computer failure (critical       Discrete ``fail'' or    ......................  4....................  .....................  .....................
 flight and engine control systems).  ``normal''.
80. Heads-up display (when an        Discrete(s) ``on'' or   ......................  4
 information source is installed).    ``off''.
81. Para-visual display (when an     Discrete(s) ``on'' or   ......................
 information source is installed).    ``off''.
82. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
83. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    position should be
                                                                                                                                    recorded.

[[Page 640]]

 
84. Cockpit trim control input       Full range............  5%.                                                                means for control
                                                                                                                                    input are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
85. Trailing edge flap and cockpit   Full Range............  5%.                                                                and cockpit flap
                                                                                                                                    control position may
                                                                                                                                    each be sampled
                                                                                                                                    alternately at 4
                                                                                                                                    second intervals to
                                                                                                                                    provide a sample
                                                                                                                                    each 0.5 second.
86. Leading edge flap and cockpit    Full Range or Discrete  5%.
87. Ground spoiler position and      Full range or discrete  5%.
88. All cockpit flight control       Full range control      5%.                                                                flight control
 control column, rudder pedal).       thn-eq>70 lb control                                                                          systems, where
                                      column 85 rudder                                                                              surface position is
                                      pedal 165.                                                                                   displacement of the
                                                                                                                                    control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    break away).
                                                                                                                                    capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    control
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    force inputs. The
                                                                                                                                    control force inputs
                                                                                                                                    may be sampled
                                                                                                                                    alternately once per
                                                                                                                                    2 seconds to produce
                                                                                                                                    the sampling
                                                                                                                                    interval of 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For A300 B2/B4 airplanes, resolution=6 seconds.
\2\ For A330/A340 series airplanes, resolution=0.703[deg].
\3\ For A318/A319/A320/A321 series airplanes, resolution=0.275% (0.088[deg]0.064[deg]).
 For A330/A340 series airplanes, resolution=2.20%(0.703[deg]0.064[deg]).
\4\ For A318/A319/A320/A321 series airplanes, resolution=0.22% (0.088[deg]0.080[deg]).
 For A330/A340 series airplanes, resolution=1.76% (0.703[deg]0.080[deg]).
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
\6\ For A330/A340 series airplanes, resolution=0.783% (0.352[deg]0.090[deg]).
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
  1.406% (0.703[deg]0.100[deg]).
\8\ For A330/A340 series airplanes, resolution=0.30% (0.176[deg]0.12[deg]).
 For A330/A340 series airplanes, seconds per sampling interval=1.
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
\10\ For A330/A340 series airplanes, resolution=1.05% (0.250[deg]0.120[deg]).
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A300 B2/B4 series airplanes, resolution = 0.92%
  (0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
\13\ For A330/A340 series airplanes, resolution=0.5[deg]C.
\14\ For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft.
\15\ For A330/A340 series airplanes, resolution = 0.352 degrees.
\16\ For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever
  angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54
  degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value
  of 96.14 degrees.
\17\ For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.


[Doc. No. 28109, 62 FR 38382, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 121-271, 64 FR 46120, Aug. 24, 1999; Amdt. 
121-278, 65 FR 51745, Aug. 24, 2000; 65 FR 81733, Dec. 27, 2000; Amdt. 
121-292, 67 FR 54323, Aug. 21, 2002; Amdt. 121-300, 68 FR 42936, July 
18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003]

[[Page 641]]

                Appendix N to Part 121--Design-Life Goals

----------------------------------------------------------------------------------------------------------------
                                                 Number of                                          Design-life
                Airplane type                      seats          Type certificate data sheet      goal (hours)
----------------------------------------------------------------------------------------------------------------
Raytheon (Beech) Aircraft Co.:
    --Beech 99 (all models).................            15+2  A14CE.............................          46,000
    --Beech 1900 and 1900C..................            19+2  A24CE.............................          45,000
    --Beech 300 and 300LW...................            13+2  A24CE.............................          30,000
    --Beech B300 and B300C..................            15+2  A24CE.............................          30,000
    --Beech 1900D...........................            19+2  A24CE.............................          45,000
British Aerospace Ltd.:
    --BAe Jetstream 3101....................            19+2  A21EU.............................          45,000
    --BAe Jetstream 3201....................            19+2  A56EU.............................          30,000
deHavilland Aircraft Co.: DHC-6.............            22+2  A9EA..............................          33,000
Dornier Luftfahrt GmbH:
    --Dornier 228-100 and -200..............            19+2  A16EU.............................          42,800
    --Dornier 228-101 and -201..............            19+2  A16EU.............................          32,800
    --Dornier 228-202.......................            19+2  A16EU.............................          29,600
    --Dornier 228-212 (Except SN 155 & 191              19+2  A16EU.............................          26,400
     and up).
    --Dornier 228-212 (SN 155 and 191 and               19+2  A16EU.............................          42,800
     up).
Empresa Brasileira de Aeronautica (Embraer):            19+2  A21SO.............................          30,000
 Embraer EMB-110.
Fairchild Aircraft Corporation:
    --SA226-TC..............................            20+2  A8SW..............................          35,000
    --SA227-AT..............................            14+2  A5SW..............................          35,000
    --SA227-TT..............................             9+2  A5SW..............................          35,000
    --SA227-AC..............................            20+2  A8SW..............................          35,000
    --SA227-PC..............................            20+2  A8SW..............................          35,000
    --SA227-BC..............................            20+2  A8SW..............................          35,000
    --SA227-CC..............................            19+2  A18SW.............................          35,000
    --SA227-DC..............................            19+2  A18SW.............................          35,000
Pilatus Britten-Norman: PBN BN-2 Mk III (all            16+2  A29EU.............................          20,480
 models).
Short Brothers PLC:
    --SD3-30................................            39+2  A41EU.............................          57,600
    --SD3-60................................            39+2  A41EU.............................          28,800
    --SD3-Sherpa............................            39+2  A41EU.............................          40,000
----------------------------------------------------------------------------------------------------------------


[Doc. No. FAA-1999-5401, 67 FR 72762, Dec. 6, 2002]



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; AND 
RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT--Table of Contents




Special Federal Aviation Regulation No. 89 [Note]
Special Federal Aviation Regulation No. 97 [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.
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.

[[Page 642]]

                      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.
125.204 Portable electronic devices.
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 Collision Avoidance System.
125.225 Flight recorders.
125.226 Digital flight data 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.
125.248 Special maintenance program requirements.
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.
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.

[[Page 643]]

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.
125.328 Prohibition on crew interference.
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.
125.410 Service difficulty reports (structural).
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
Appendix E to Part 125--Airplane Flight Recorder Specifications

    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. 89

    Editorial Note: For the text of SFAR No. 89, see part 121 of this 
chapter.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.



                            Subpart A_General



Sec. 125.1  Applicability.

    (a) Except as provided in paragraphs (b), (c) and (d) 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

[[Page 644]]

certificates, special flight permits, or experimental certificates;
    (3) They are being operated by a part 125 certificate holder without 
carrying passengers or cargo under part 91 for training, ferrying, 
positioning, or maintenance purposes;
    (4) They are being operated under part 91 by an operator 
certificated to operate those airplanes under 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;
    (5) They are being operated under a deviation authority issued under 
Sec. 125.3;
    (6) They are being operated under part 91, subpart K by a fractional 
owner as defined in Sec. 91.1001 of this chapter; or
    (7) They are being operated by a fractional ownership program 
manager as defined in Sec. 91.1001 of this chapter, for training, 
ferrying, positioning, maintenance, or demonstration purposes under part 
91 of this chapter and without carrying passengers or cargo for 
compensation or hire except as permitted for demonstration flights under 
Sec. 91.501(b)(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.
    (d) The provisions of this part apply to each person on board an 
aircraft being operated under this part, unless otherwise specified.

[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; Amdt. 125-31, 64 FR 
1080, Jan. 7, 1999; Amdt. 125-44, 68 FR 54585, Sept. 17, 2003]



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.

[[Page 645]]



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.
    (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--

[[Page 646]]

    (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 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.

[[Page 647]]

    (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 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.

[[Page 648]]



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 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.

[[Page 649]]

    (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 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) For the purpose of complying with paragraph (d) of this section, 
a certificate holder may furnish the persons listed therein with the 
maintenance part of its manual in printed form or other form, acceptable 
to the Administrator, that is retrievable in the English language. If 
the certificate holder furnishes the maintenance part of the manual in 
other than printed form, it must ensure there is a compatible reading 
device available to those persons that provides a legible image of the 
maintenance information and instructions or a system that is able to 
retrieve the maintenance information and instructions in the English 
language.
    (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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-28, 
62 FR 13257, Mar. 19, 1997]



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;

[[Page 650]]

    (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;
    (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.

[[Page 651]]



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 Sec. Sec. 125.113 through 
125.181.
    (b) If the Administrator determines that, for a particular model of 
airplane used in cargo service, literal compliance with any requirement 
under paragraph (a) of this section would be extremely difficult and 
that compliance would not contribute materially to the objective sought, 
the Administrator may require compliance with only those requirements 
that are necessary to accomplish the basic objectives of this part.
    (c) This section does not apply to any airplane certificated under--
    (1) Part 4b of the Civil Air Regulations in effect after October 31, 
1946;
    (2) Part 25 of this chapter; or
    (3) Special Civil Air Regulation 422, 422A, or 422B.



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.
    (c) Thermal/acoustic insulation materials. For transport category 
airplanes type certificated after January 1, 1958:
    (1) For airplanes manufactured before September 2, 2005, when 
thermal/acoustic insulation materials are installed in the fuselage as 
replacements after September 2, 2005, those materials must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.
    (2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.

[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-43, 
68 FR 45084, July 31, 2003]



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.

[[Page 652]]

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 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.

[[Page 653]]

    (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.



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.

[[Page 654]]



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.



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.

[[Page 655]]



Sec. 125.151  Powerplant fire protection.

    (a) Designated fire zones must be protected from fire by compliance 
with Sec. Sec. 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 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

[[Page 656]]

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 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

[[Page 657]]

holder may carry cargo in the passenger compartment of an airplane.
    (b) Cargo may be carried aft of the foremost seated passengers if it 
is carried in an approved cargo bin that meets the following 
requirements:
    (1) The bin must withstand the load factors and emergency landing 
conditions applicable to the passenger seats of the airplane in which 
the bin is installed, multiplied by a factor of 1.15, using the combined 
weight of the bin and the maximum weight of cargo that may be carried in 
the bin.
    (2) The maximum weight of cargo that the bin is approved to carry 
and any instructions necessary to ensure proper weight distribution 
within the bin must be conspicuously marked on the bin.
    (3) The bin may not impose any load on the floor or other structure 
of the airplane that exceeds the load limitations of that structure.
    (4) The bin must be attached to the seat tracks or to the floor 
structure of the airplane, and its attachment must withstand the load 
factors and emergency landing conditions applicable to the passenger 
seats of the airplane in which the bin is installed, multiplied by 
either the factor 1.15 or the seat attachment factor specified for the 
airplane, whichever is greater, using the combined weight of the bin and 
the maximum weight of cargo that may be carried in the bin.
    (5) The bin may not be installed in a position that restricts access 
to or use of any required emergency exit, or of the aisle in the 
passenger compartment.
    (6) The bin must be fully enclosed and made of material that is at 
least flame-resistant.
    (7) Suitable safeguards must be provided within the bin to prevent 
the cargo from shifting under emergency landing conditions.
    (8) The bin may not be installed in a position that obscures any 
passenger's view of the ``seat belt'' sign, ``no smoking'' sign, or any 
required exit sign, unless an auxiliary sign or other approved means for 
proper notification of the passenger is provided.
    (c) All cargo may be carried forward of the foremost seated 
passengers and carry-on baggage may be carried alongside the foremost 
seated passengers if the cargo (including carry-on baggage) is carried 
either in approved bins as specified in paragraph (b) of this section or 
in accordance with the following:
    (1) It is properly secured by a safety belt or other tie down having 
enough strength to eliminate the possibility of shifting under all 
normally anticipated flight and ground conditions.
    (2) It is packaged or covered in a manner to avoid possible injury 
to passengers.
    (3) It does not impose any load on seats or the floor structure that 
exceeds the load limitation for those components.
    (4) Its location does not restrict access to or use of any required 
emergency or regular exit, or of the aisle in the passenger compartment.
    (5) Its location does not obscure any passenger's view of the ``seat 
belt'' sign, ``no smoking'' sign, or required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passenger is provided.



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.

[[Page 658]]

    (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 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

[[Page 659]]

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 Sec. Sec. 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, 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. 125.204  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

[[Page 660]]

on any U.S.-registered civil aircraft operating under this part.
    (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 Part 125 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c) The determination required by paragraph (b)(5) of this section 
shall be made by that Part 125 certificate holder operating the 
particular device to be used.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



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) 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

[[Page 661]]

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]



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

[[Page 662]]

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 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

[[Page 663]]

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 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

[[Page 664]]

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 Sec. Sec. 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.



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.

[[Page 665]]

    (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 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:

[[Page 666]]

    (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 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  Collision avoidance system.

    Effective January 1, 2005, any airplane you operate under this part 
125 must be equipped and operated according to the following table:

[[Page 667]]



                       Collision Avoidance Systems
------------------------------------------------------------------------
                                            Then you must operate that
        If you operate any . . .                  airplane with:
------------------------------------------------------------------------
(a) Turbine-powered airplane of more     (1) An appropriate class of
 than 33,000 pounds maximum               Mode S transponder that meets
 certificated takeoff weight.             Technical Standard Order (TSO)
                                          C-112, or a later version, and
                                          one of the following approved
                                          units:
                                         (i) TCAS II that meets TSO C-
                                          119b (version 7.0), or a later
                                          version.
                                         (ii) TCAS II that meets TSO C-
                                          119a (version 6.04A Enhanced)
                                          that was installed in that
                                          airplane before May 1, 2003.
                                          If that TCAS II version 6.04A
                                          Enhanced no longer can be
                                          repaired to TSO C-119a
                                          standards, it must be replaced
                                          with a TCAS II that meets TSO
                                          C-119b (version 7.0), or a
                                          later version.
                                         (iii) A collision avoidance
                                          system equivalent to TSO C-
                                          119b (version 7.0), or a later
                                          version, capable of
                                          coordinating with units that
                                          meet TSO C-119a (version 6.04A
                                          Enhanced), or a later version.
(b) Piston-powered airplane of more      (1) TCAS I that meets TSO C-
 than 33,000 pounds maximum               118, or a later version, or
 certificated takeoff weight.            (2) A collision avoidance
                                          system equivalent to TSO C-
                                          118, or a later version, or
                                         (1)(3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
------------------------------------------------------------------------


[Doc. No. FAA-2001-10910, 68 FR 15903, Apr. 1, 2003]



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

[[Page 668]]

with a digital data bus and ARINC 717 digital flight data acquisition 
unit (DFDAU) or equivalent unless it is equipped with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. Any parameters specified in appendix D of this part that 
are available on the digital data bus must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified.
    (d) No person may operate under this part an airplane that is 
manufactured after October 11, 1991, unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. The parameters specified in appendix D of this 
part must be recorded within the ranges, accuracies, resolutions and 
sampling intervals specified. For the purpose of this section, 
``manufactured'' means the point in time at which the airplane 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data.
    (e) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (f) Except as provided in paragraph (g) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as applicable, until the airplane 
has been operated for at least 25 hours of the operating time specified 
in 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. 125.226  Digital flight data recorders.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows: the phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:

[[Page 669]]

    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (a)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designed in appendix E of this 
part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);

[[Page 670]]

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

[[Page 671]]

must be recorded within the ranges, accuracies, resolutions, and 
sampling intervals specified in Appendix E of this part by August 20, 
2001.
    (3) That were subject to Sec. 125.225(e) of this part, all 
conditions of Sec. 125.225(c) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes that 
were manufactured after October 11, 1991--
    (1) The parameters listed in paragraphs (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix E of this 
part by August 20, 2001. Paramaters listed in paragraphs (a)(12) through 
(a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix E of this part by August 20, 2001.
    (e) For all turbine-engine-powered transport category airplanes that 
are manufactured after August 18, 2000--
    (1) The parameters listed in paragraph (a) (1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix E of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix E of this part.
    (f) For all turbine-engine-powered transport category airplanes that 
are manufactured after August 19, 2002 parameters listed in paragraph 
(a)(1) through (a)(88) of this section must be recorded within the 
ranges, accuracies, resolutions, and recording intervals specified in 
Appendix E of this part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (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 by 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) of 
this part. 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 to 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 
49 CFR 830 of its regulations and that results in termination of the 
flight, the certificate holder shall remove the recorder from the 
airplane and keep the recorder data prescribed by 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 data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are the 
same; and

[[Page 672]]

    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes that were manufactured before August 18, 
1997 need not comply with this section, but must continue to comply with 
applicable paragraphs of Sec. 125.225 of this chapter, as appropriate:
    (1) Airplanes that meet the Stage 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under Part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) British Aerospace 1-11, General Dynamics Convair 580, General 
Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft 
Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except 
Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, 
Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A, 
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft 
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188, 
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries, 
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited 
SD3-30, Short Bros. Limited SD3-60.

[Doc. No. 28109, 62 FR 38387, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 125-42, 68 FR 42937, July 18, 2003; 68 FR 
50069, Aug. 20, 2003]



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:
    (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

[[Page 673]]

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.



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

[[Page 674]]

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. 125.248  Special maintenance program requirements.

    (a) No person may operate an Airbus Model A300 (exlcuding the -600 
series), British Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 
737 or 747, McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker 
Model F28, or Lockheed Model L-1011 beyond the applicable flight cycle 
implementation time specified below, or May 25, 2001, whichever occurs 
later, unless operations specifications have been issued to reference 
repair assessment guidelines applicable to the fuselage pressure 
boundary (fuselage skin, door skin, and bulkhead webs), and those 
guidelines are incorporated in its maintenance program. The repair 
assessment guidelines must be approved by the FAA Aircraft Certification 
Office (ACO), or office of the Transport Airplane Directorate, having 
cognizance over the type certificate for the affected airplane.
    (1) For the Airbus Model A300 (excluding the -600 series), the 
flight cycle implementation time is:
    (i) Model B2: 36,000 flights.
    (ii) Model B4-100 (including Model B4-2C): 30,000 flights above the 
window line, and 36,000 flights below the window line.
    (iii) Model B4-200: 25,500 flights above the window line, and 34,000 
flights below the window line.
    (2) For all models of the British Aerospace BAC 1-11, the flight 
cycle implementation time is 60,000 flights.
    (3) For all models of the Boeing 707, the flight cycle 
implementation time is 15,000 flights.
    (4) For all models of the Boeing 720, the flight cycle 
implementation time is 23,000 flights.
    (5) For all models of the Boeing 727, the flight cycle 
implementation time is 45,000 flights.
    (6) For all models of the Boeing 737, the flight cycle 
implementation time is 60,000 flights.
    (7) For all models of the Boeing 747, the flight cycle 
implementation time is 15,000 flights.
    (8) For all models of the McDonnell Douglas DC-8, the flight cycle 
implementation time is 30,000 flights.
    (9) For all models of the McDonnell Douglas DC-9/MD-80, the flight 
cycle implementation time is 60,000 flights.
    (10) For all models of the McDonnell Douglas DC-10, the flight cycle 
implementation time is 30,000 flights.
    (11) For all models of the Lockheed L-1011, the flight cycle 
implementation time is 27,000 flights.
    (12) For the Fokker F-28 Mark, 1000, 2000, 3000, and 4000, the 
flight cycle implementation time is 60,000 flights.
    (b) After December 16, 2008, no certificate holder may operate a 
turbine-powered transport category airplane with a type certificate 
issued after January 1, 1958 and either a maximum type certificated 
passenger capacity of 30 or more, or a maximum type certificated payload 
capacity of 7,500 pounds or more, unless instructions for maintenance 
and inspection of the fuel tank system are incorporated in its 
inspection program. These instructions must address the actual 
configuration of the fuel tank systems of each affected airplane and 
must be approved by the

[[Page 675]]

FAA Aircraft Certification Office (ACO), or office of the Transport 
Airplane Directorate, having cognizance over the type certificate for 
the affected airplane. Operators must submit their request through an 
appropriate FAA Principal Maintenance Inspector, who may add comments 
and then send it to the manager of the appropriate office. Thereafter, 
the approved instructions can be revised only with the approval of the 
FAA Aircraft Certification Office (ACO), or office of the Transport 
Airplane Directorate, having cognizance over the type certificate for 
the affected airplane. Operators must submit their requests for 
revisions through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the manager of the appropriate 
office.

[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65 FR 50744, Aug. 21, 2000, 
as amended by Amdt. 125-36, 66 FR 23131, May 7, 2001; Amdt. 125-40, 67 
FR 72834, Dec. 9, 2002; Amdt. 125-46, 69 FR 45942, July 30, 2004]



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
    (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

[[Page 676]]

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 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

[[Page 677]]

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 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

[[Page 678]]

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) 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

[[Page 679]]

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 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

[[Page 680]]

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 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

[[Page 681]]

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.

[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.



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

[[Page 682]]

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.



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;

[[Page 683]]

    (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. 125.328  Prohibition on crew interference.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated under this part.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



Sec. 125.329  Minimum altitudes for use of autopilot.

    (a) Except as provided in paragraphs (b), (c), (d), and (e) of this 
section, no person may use an autopilot at an altitude above the terrain 
which is less than 500 feet or less than twice the maximum altitude loss 
specified in the approved Airplane Flight Manual or equivalent for a 
malfunction of the autopilot, whichever is higher.
    (b) When using an instrument approach facility other than ILS, no 
person may use an autopilot at an altitude above the terrain that is 
less than 50 feet below the approved minimum descent altitude for that 
procedure, or less than twice the maximum loss specified in the approved 
Airplane Flight Manual or equivalent for a malfunction of the autopilot 
under approach conditions, whichever is higher.
    (c) For ILS approaches when reported weather conditions are less 
than the basic weather conditions in 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.
    (e) Notwithstanding paragraph (a) of this section, the Administrator 
issues operations specifications to allow the use of an approved 
autopilot system with automatic capability during the

[[Page 684]]

takeoff and initial climb phase of flight provided:
    (1) The Airplane Flight Manual specifies a minimum altitude 
engagement certification restriction;
    (2) The system is not engaged prior to the minimum engagement 
certification restriction specified in the Airplane Flight Manual or an 
altitude specified by the Administrator, whichever is higher; and
    (3) The Administrator finds that the use of the system will not 
otherwise affect the safety standards required by this section.

[Doc. No. 19779, 45 FR 67325, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34332, Aug. 18, 1989; Amdt. 125-29, 62 FR 27922, May 21, 1997]



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.



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.

[[Page 685]]



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 Sec. Sec. 125.375 and 125.377 for flights outside the 
48 conterminous States and the District of Columbia over routes without 
an available alternate airport for a particular airport of destination.
    (c) For the purposes of paragraph (a) of this section, the weather 
requirements at the alternate airport must meet the requirements of the 
operator's operations specifications.
    (d) No person may release a flight unless that person lists each 
required alternate airport in the flight release.

[[Page 686]]



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--
    (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

[[Page 687]]

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 based on a 
weather report that indicates that the specified visibility minimums 
exist and subsequently receives another weather report that indicates 
that conditions are below the minimum requirements, then the pilot may 
continue with the approach only if, the requirements of Sec. 91.175(l) 
of this chapter, or both of the following conditions are met--
    (1) The later weather report is received when the airplane is in one 
of the following approach phases:
    (i) The airplane is on a ILS approach and has passed the final 
approach fix;
    (ii) The airplane is on an ASR or PAR final approach and has been 
turned over to the final approach controller; or
    (iii) The airplane is on a nonprecision final approach and the 
airplane--
    (A) Has passed the appropriate facility or final approach fix; or

[[Page 688]]

    (B) Where a final approach fix is not specified, has completed the 
procedure turn and is established inbound toward the airport on the 
final approach course within the distance prescribed in the procedure; 
and
    (2) The pilot in command finds, on reaching the authorized MDA, or 
DH, that the actual weather conditions are at or above the minimums 
prescribed for the procedure being used.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-2, 
46 FR 24409, Apr. 30, 1981; Amdt. 125-45, 69 FR 1641, Jan. 9, 2004]



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;

[[Page 689]]

    (3) Airworthiness release; and
    (4) Flight plan, including route.
    (b) If a flight originates at the principal operations base of the 
certificate holder, it shall retain at that base a signed copy of each 
document listed in paragraph (a) of this section.
    (c) Except as provided in paragraph (d) of this section, if a flight 
originates at a place other than the principal operations base of the 
certificate holder, the pilot in command (or another person not aboard 
the airplane who is authorized by the operator) shall, before or 
immediately after departure of the flight, mail signed copies of the 
documents listed in paragraph (a) of this section to the principal 
operations base.
    (d) If a flight originates at a place other than the principal 
operations base of the certificate holder and there is at that place a 
person to manage the flight departure for the operator who does not 
depart on the airplane, signed copies of the documents listed in 
paragraph (a) of this section may be retained at that place for not more 
than 30 days before being sent to the principal operations base of the 
certificate holder. However, the documents for a particular flight need 
not be further retained at that place or be sent to the principal 
operations base, if the originals or other copies of them have been 
previously returned to the principal operations base.
    (e) The certificate holder shall:
    (1) Identify in its operations manual the person having custody of 
the copies of documents retained in accordance with paragraph (d) of 
this section; and
    (2) Retain at its principal operations base either the original or a 
copy of the records required by this section for at least 30 days.



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).

    Effective Date Note: By Amdt. 125-35, 65 FR 56203, Sept. 15, 2000, 
Sec. 125.409 was revised, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date 
was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the 
effective date was delayed until Jan. 30, 2006. For the convenience of 
the user, the revised text is set forth as follows:

Sec. 125.409  Service difficulty reports (operational).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect concerning--
    (1) Any fire and, when monitored by a related fire-warning system, 
whether the fire-warning system functioned properly;
    (2) Any false warning of fire or smoke;
    (3) An engine exhaust system that causes damage to the engine, 
adjacent structure, equipment, or components;
    (4) An aircraft component that causes the accumulation or 
circulation of smoke, vapor, or toxic or noxious fumes;
    (5) Any engine flameout or shutdown during flight or ground 
operations;
    (6) A propeller feathering system or ability of the system to 
control overspeed;
    (7) A fuel or fuel-dumping system that affects fuel flow or causes 
hazardous leakage;
    (8) A landing gear extension or retraction, or the opening or 
closing of landing gear doors during flight;
    (9) Any brake system component that results in any detectable loss 
of brake actuating force when the aircraft is in motion on the ground;
    (10) Any aircraft component or system that results in a rejected 
takeoff after initiation

[[Page 690]]

of the takeoff roll or the taking of emergency actions, as defined by 
the Aircraft Flight Manual or Pilot's Operating Handbook;
    (11) Any emergency evacuation system or component including any exit 
door, passenger emergency evacuation lighting system, or evacuation 
equipment found to be defective or that fails to perform the intended 
function during an actual emergency or during training, testing, 
maintenance, demonstrations, or inadvertent deployments; and
    (12) Autothrottle, autoflight, or flight control systems or 
components of these systems.
    (b) For the purposes 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, system, component, or powerplant 
that occurs or is detected at any time if that failure, malfunction, or 
defect has endangered or may endanger the safe operation of an aircraft.
    (d) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. For aircraft operating in 
areas where mail is not collected, reports may be submitted within 24 
hours after the aircraft returns to a point where the mail is collected. 
Each certificate holder also shall make the report data available for 30 
days for examination by the certificate-holding district office in a 
form and manner acceptable to the Administrator.
    (e) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, and serial number of the aircraft, 
engine, or propeller;
    (2) The registration number of the aircraft;
    (3) The operator designator;
    (4) The date on which the failure, malfunction, or defect was 
discovered;
    (5) The stage of flight or ground operation during which the 
failure, malfunction, or defect was discovered;
    (6) The nature of the failure, malfunction, or defect;
    (7) The applicable Joint Aircraft System/Component Code;
    (8) The total cycles, if applicable, and total time of the aircraft, 
aircraft engine, propeller, or component;
    (9) The manufacturer, manufacturer part number, part name, serial 
number, and location of the component that failed, malfunctioned, or was 
defective, if applicable;
    (10) The manufacturer, manufacturer part number, part name, serial 
number, and location of the part that failed, malfunctioned, or was 
defective, if applicable;
    (11) The precautionary or emergency action taken;
    (12) Other information necessary for a more complete analysis of the 
cause of the failure, malfunction, or defect, including available 
information pertaining to type designation of the major component and 
the time since the last maintenance overhaul, repair, or inspection; and
    (13) A unique control number for the occurrence, in a form 
acceptable to the Administrator.
    (f) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a 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 that certificate holder 
under Sec. 21.3 of this chapter or under the accident reporting 
provisions of 49 CFR part 830.
    (g) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by a part 125 certificate holder. However, the part 
125 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 125 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (h) No person may withhold a report required by this section 
although all information required by this section is not available.
    (i) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.



Sec. 125.410  Service difficulty reports (structural).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure or defect related to--
    (1) Corrosion, cracks, or disbonding that requires replacement of 
the affected part;

[[Page 691]]

    (2) Corrosion, cracks, or disbonding that requires rework or 
blendout because the corrosion, cracks, or disbonding exceeds the 
manufacturer's established allowable damage limits;
    (3) Cracks, fractures, or disbonding in a composite structure that 
the equipment manufacturer has designated as a primary structure or a 
principal structural element; or
    (4) Repairs made in accordance with approved data not contained in 
the manufacturer's maintenance manual.
    (b) In addition to the reports required by paragraph (a) of this 
section, each certificate holder shall report any other failure or 
defect in aircraft structure that occurs or is detected at any time if 
that failure or defect has endangered or may endanger the safe operation 
of an aircraft.
    (c) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. For aircraft operating in 
areas where mail is not collected, reports may be submitted within 24 
hours after the aircraft returns to a point where the mail is collected. 
Each certificate holder also shall make the report data available for 30 
days for examination by the certificate-holding district office in a 
form and manner acceptable to the Administrator.
    (d) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, serial number, and registration number 
of the aircraft;
    (2) The operator designator;
    (3) The date on which the failure or defect was discovered;
    (4) The stage of ground operation during which the failure or defect 
was discovered;
    (5) The part name, part condition, and location of the failure or 
defect;
    (6) The applicable Joint Aircraft System/Component Code;
    (7) The total cycles, if applicable, and total time of the aircraft;
    (8) Other information necessary for a more complete analysis of the 
cause of the failure or defect, including corrosion classification, if 
applicable, or crack length and available information pertaining to type 
designation of the major component and the time since the last 
maintenance overhaul, repair, or inspection; and
    (9) A unique control number for the occurrence, in a form acceptable 
to the Administrator.
    (e) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a licensee of a Type Certificate holder, need not report a 
failure or defect under this section if the failure or defect has been 
reported by that certificate holder under Sec. 21.3 of this chapter or 
under the accident reporting provisions of 49 CFR part 830.
    (f) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by the part 125 certificate holder. However, the 
part 125 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 125 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (g) No person may withhold a report required by this section 
although all information required by this section is not available.
    (h) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.

    Effective Date Note: By Amdt. 125-35, 65 FR 56204, Sept. 15, 2000, 
Sec. 125.410 was added, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22,

[[Page 692]]

2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date 
was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the 
effective date was delayed until Jan. 30, 2006.



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.
    (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

[[Page 693]]

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--
    (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.

[[Page 694]]

    (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.
    (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.

[[Page 695]]

    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 young er. 
Crewmembers, mechanics, and training personnel who maintain or operate 
the airplane in the normal course of their duties may not be used as 
passengers.
    (8) No passenger may be assigned a specific seat except as the 
Administrator may require. Except as required by item (12) of this 
paragraph, no employee of the certificate holder may be seated next to 
an emergency exit.
    (9) Seat belts and shoulder harnesses (as required) must be 
fastened.
    (10) Before the start of the demonstration, approximately one-half 
of the total average amount of carry-on baggage, blankets, pillows, and 
other similar articles must be distributed at several locations in the 
aisles and emergency exit access ways to create minor obstructions.
    (11) The seating density and arrangement of the airplane must be 
representative of the highest capacity passenger version of that 
airplane the certificate holder operates or proposes to operate.
    (12) Each crewmember must be a member of a regularly scheduled line 
crew, must be seated in that crewmember's normally assigned seat for 
takeoff, and must remain in that seat until the signal for commencement 
of the demonstration is received.
    (13) No crewmember or passenger may be given prior knowledge of the 
emergency exits available for the demonstration.
    (14) The certificate holder may not practice, rehearse, or describe 
the demonstration for the participants nor may any participant have 
taken part in this type of demonstration within the preceding 6 months.
    (15) The pretakeoff passenger briefing required by 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. Evac uees 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

[[Page 696]]

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:
    (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% Per       seconds).
 frame).                                               Hour.
Altitude........................  -1,000 ft to max    100 to 7
                                   aircraft.           00 ft (See Table
                                                       1, TSO-C51a).
Airspeed........................  50 KIAS to Vso,     5%, 3
                                                       %.
Heading.........................  360[deg]..........  2[deg].
Normal Acceleration (Vertical)..  -3g to +6g........  1% of max
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  75[deg].         eq>2[deg].
Roll Attitude...................  180[deg].        eq>2[deg].
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  ..................
Thrust/Power on Each Engine.....  Full range forward  2%.
Trailing Edge Flap or Cockpit     Full range or each  3[deg] or as
                                                       pilot's Indicator.
Leading Edge Flap or Cockpit      Full range or each  3[deg] or as
                                                       pilot's indicator.

[[Page 697]]

 
Thrust Reverser Position........  Stowed, in          ..................  1 (per 4 seconds    ..................
                                   transit, and                            per engine).
                                   reverse
                                   (Discrete).
Ground Spoiler Position/Speed     Full range or each  2% unless
                                                       higher accuracy
                                                       uniquely required.
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pilot Input and/or Surface        Full range........  2[deg] unless
 (Pitch, Roll, Yaw) \3\.                               higher accuracy
                                                       uniquely required.
Lateral Acceleration............  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pitch Trim Position.............  Full range........  3% unless
                                                       higher accuracy
                                                       uniquely required.
Glideslope Deviation............  400 Microamps.   eq>3%.
Localizer Deviation.............  400 Microamps.   eq>3%.
AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft or 3
                                                       % 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  -50[deg] C to       2[deg] C.
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..............  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.


[[Page 698]]


[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

     Appendix E to Part 125--Airplane Flight Recorder Specifications

  The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
                                                       be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Accuracy (sensor      Seconds per sampling
             Parameters                       Range                  input)                 interval              Resolution              Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Times            24 Hrs, 0 to 4095.....  0.125% Per Hour.                                                   when available.
                                                                                                                                    Count increments
                                                                                                                                    each 4 seconds of
                                                                                                                                    system operation.
2. Pressure Altitude...............  -1000 ft to max         100 to 700                                                   air data computer
                                                              ft (see table, TSO                                                    when practicable.
                                                              C124a or TSO C51a).
3. Indicated airspeed or Calibrated  50 KIAS or minimum      5% and 3%.                                                   air data computer
                                                                                                                                    when practicable.
4, Heading (Primary flight crew      0-360[deg] and          2[deg].                                                            heading can be
                                      ``mag''.                                                                                      selected as the
                                                                                                                                    primary heading
                                                                                                                                    reference, a
                                                                                                                                    discrete indicating
                                                                                                                                    selection must be
                                                                                                                                    recorded.
5. Normal Acceleration (Vertical)    -3g to +6g............  1% of max range
                                                              excluding datum error
                                                              of 5%.
6. Pitch Attitude..................  75[deg].             eq>2[deg].              airplanes operated                            0.25 is recommended.
                                                                                      under Sec.
                                                                                      125.226(f).
7. Roll Attitude \2\...............  180[deg].            eq>2[deg].              airplanes operated                            0.5 is recommended.
                                                                                      under Sec.
                                                                                      121.344(f).
8. Manual Radio Transmitter Keying   On-Off (Discrete)       ......................  1....................  .....................  Preferably each crew
 or CVR/DFDR synchronization         None..................                                                                         member but one
reference..........................                                                                                                 discrete acceptable
                                                                                                                                    for all transmission
                                                                                                                                    provided the CVR/FDR
                                                                                                                                    system complies with
                                                                                                                                    TSO C124a CVR
                                                                                                                                    synchronization
                                                                                                                                    requirements
                                                                                                                                    (paragraph 4.2.1 ED-
                                                                                                                                    55).
9. Thrust/Power on each engine--     Full Range Forward....  2%.                                                                (e.g. EPR, N1 or
                                                                                                                                    Torque, NP) as
                                                                                                                                    appropriate to the
                                                                                                                                    particular engine
                                                                                                                                    being recorded to
                                                                                                                                    determine power in
                                                                                                                                    forward and reverse
                                                                                                                                    thrust, including
                                                                                                                                    potential overspeed
                                                                                                                                    condition.
10. Autopilot Engagement...........  Discrete ``on'' or      ......................  1.                                            .....................
                                      ``off''.
11. Longitudinal Acceleration......  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
12a. Pitch Control(s) position (non- Full Range............  2% Unless Higher     airplanes operated                            have a flight
                                                              Accuracy Uniquely       under Sec. control break away
                                                              Required.               121.344(f).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
12b. Pitch Control(s) position (fly- Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      121.344(f).

[[Page 699]]

 
13a. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated                            have a flight
                                                              Higher Accuracy         under Sec. control break away
                                                              Uniquely Required.      125.226(f).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
13b. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      121.344(f).
14a. Yaw Control position(s) (non-   Full Range............  2[deg] Unless                                                      have a flight
                                                              Higher Accuracy                                                       control break away
                                                              Uniquely Required.                                                    capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5.
14b. Yaw Control position(s) (fly-   Full Range............  2[deg] Unless
                                                              Higher Accuracy
                                                              Uniquely Required.
15. Pitch Control Surface(s)         Full Range............  2[deg] Unless        airplanes operated                            with multiple or
                                                              Higher Accuracy         under Sec. split surfaces, a
                                                              Uniquely Required..     121.344(f)..                                  suitable combination
                                                                                                                                    of inputs is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.
16. Lateral Control Surface(s)       Full Range............  2[deg] Unless        airplanes operated                            combination of
                                                              Higher Accuracy         under Sec. surface position
                                                              Uniquely Required.      121.344(f).                                   sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.
17. Yaw Control Surface(s)           Full Range............  2[deg] Unless                                                      multiple or split
                                                              Higher Accuracy                                                       surfaces, a suitable
                                                              Uniquely Required.                                                    combination of
                                                                                                                                    surface position
                                                                                                                                    sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sapling
                                                                                                                                    interval of 0.5.
18. Lateral Acceleration...........  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
19. Pitch Trim Surface Position....  Full Range............  3[deg] Unless
                                                              Higher Accuracy
                                                              Uniquely Required.

[[Page 700]]

 
20. Trailing Edge Flap or Cockpit    Full Range or Each      3[deg] or as                                                       cockpit control may
                                                              Pilot's indicator.                                                    each be sampled at 4
                                                                                                                                    second intervals, to
                                                                                                                                    give a data point
                                                                                                                                    every 2 seconds.
21. Leading Edge Flap or Cockpit     Full Range or Each      3[deg] or as                                                       or flap position and
                                                              Pilot's indicator and                                                 cockpit control may
                                                              sufficient to                                                         each be sampled at 4
                                                              determine each                                                        second intervals, so
                                                              discrete position.                                                    as to give a data
                                                                                                                                    point every 2
                                                                                                                                    seconds.
22. Each Thrust Reverser Position    Stowed, In Transit,     ......................  1 (per engine).......  .....................  Turbo-jet--2
 (or equivalent for propeller         and Reverse                                                                                   discretes enable the
 airplane).                           (Discrete).                                                                                   3 states to be
                                                                                                                                    determined.
                                                                                                                                   Turbo-prop--1
                                                                                                                                    discrete.
23. Ground Spoiler Position or       Full Range or Each      2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      121.344(f).
24. Outside Air Temperature or       -50 [deg]C to +90       2 [deg]C.
25. Autopilot/Autothrottle/AFCS      A suitable combination  ......................  1....................  .....................  Discretes should show
 Mode and Engagement Status.          of discretes.                                                                                 which systems are
                                                                                                                                    engaged and which
                                                                                                                                    primary modes are
                                                                                                                                    controlling the
                                                                                                                                    flight path and
                                                                                                                                    speed of the
                                                                                                                                    aircraft.
26. Radio Altitude \14\............  -20 ft to 2,500 ft....  2 ft or 3%                                                    radio altimeter
                                                              Whichever is Greater                                                  should be recorded,
                                                              Below 500 ft and                                                      but arranged so that
                                                              5% above 500 ft.                                                   recorded each
                                                                                                                                    second.
27. Localizer Deviation, MLS         400 Microamps or     minus3%.                                                   3 operations. each
                                      available sensor       recommended...........                                                 system should be
                                      range as installed                                                                            recorded but
                                      62[deg].                                                                                   least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
28. Glideslope Deviation, MLS        400 Microamps or     minus3%.                                                   3 operations. each
 Deviation.                           available sensor       recommended...........                                                 system should be
                                      range as installed.                                                                           recorded but
                                      0.9 to                                                                                        arranged so that at
                                     + 30[deg].............                                                                         least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
29. Marker Beacon Passage..........  Discrete ``on'' or      ......................  1....................  .....................  A single discrete is
                                      ``off''.                                                                                      acceptable for all
                                                                                                                                    markers.
30. Master Warning.................  Discrete..............  ......................  1....................  .....................  Record the master
                                                                                                                                    warning and record
                                                                                                                                    each `red' warning
                                                                                                                                    that cannot be
                                                                                                                                    determined from
                                                                                                                                    other parameters or
                                                                                                                                    from the cockpit
                                                                                                                                    voice recorder.
31. Air/ground sensor (primary       Discrete ``air'' or     ......................  1 (0.25 recommended).                         .....................
 airplane system reference nose or    ``ground''.
 main gear).

[[Page 701]]

 
32. Angle of Attack (If measured     As installed..........  As Installed..........  2 or 0.5 for           0.3% of full range...  If left and right
 directly).                                                                           airplanes operated                            sensors are
                                                                                      under Sec. available, each may
                                                                                      125.226(f).                                   be recorded at 4 or
                                                                                                                                    1 second intervals,
                                                                                                                                    as appropriate, so
                                                                                                                                    as to give a data
                                                                                                                                    point at 2 seconds
                                                                                                                                    or 0.5 second, as
                                                                                                                                    required.
33. Hydraulic Pressure Low, Each     Discrete or available   5%.
                                      or ``normal''.
34. Groundspeed....................  As Installed..........  Most Accurate Systems   1....................  0.2% of full range.    .....................
                                                              Installed.
35. GPWS (ground proximity warning   Discrete ``warning''    ......................  1....................  .....................  A suitable
 system).                             or ``off''.                                                                                   combination of
                                                                                                                                    discretes unless
                                                                                                                                    recorder capacity is
                                                                                                                                    limited in which
                                                                                                                                    case a single
                                                                                                                                    discrete for all
                                                                                                                                    modes is acceptable.
36. Landing Gear Position or         Discrete..............  ......................  4....................  .....................  A suitable
 Landing gear cockpit control                                                                                                       combination of
 selection.                                                                                                                         discretes should be
                                                                                                                                    recorded.
37. Drift Angle.\15\...............  As installed..........  As installed..........  4....................  0.1%.................  .....................
38. Wind Speed and Direction.......  As installed..........  As installed..........  4....................  1 knot, and 1.0[deg].  .....................
39. Latitude and Longitude.........  As installed..........  As installed..........  4....................  0.002[deg], or as      Provided by the
                                                                                                             installed.             Primary Navigation
                                                                                                                                    System Reference.
                                                                                                                                    Where capacity
                                                                                                                                    permits Latitude/
                                                                                                                                    longtitude
                                                                                                                                    resolution should be
                                                                                                                                    0.0002[deg].
40. Stick shaker and pusher          Discrete(s) ``on'' or   ......................  1....................  .....................  A suitable
 activation.                          ``off''.                                                                                      combination of
                                                                                                                                    discretes to
                                                                                                                                    determine
                                                                                                                                    activation.
41. WIndshear Detection............  Discrete ``warning''    ......................  1                                             .....................
                                      or ``off''.
42. Throttle/power lever             Full Range............  2%.                                                                non-mechanically
                                                                                                                                    linked cockpit
                                                                                                                                    engine controls.
43. Additional Engine Parameters...  As installed..........  As installed..........  Each engine each       2% of full range.....  Where capacity
                                                                                      second.                                       permits, the
                                                                                                                                    preferred priority
                                                                                                                                    is indicated
                                                                                                                                    vibration level, N2,
                                                                                                                                    EGT, Fuel Flow, Fuel
                                                                                                                                    Cut-off lever
                                                                                                                                    position and N3,
                                                                                                                                    unless engine
                                                                                                                                    manufacturer
                                                                                                                                    recommends
                                                                                                                                    otherwise.
44. Traffic Alert and Collision      Discretes.............  As installed..........  1....................  .....................  A suitable
 Avoidance System (TCAS).                                                                                                           combination of
                                                                                                                                    discretes should be
                                                                                                                                    recorded to
                                                                                                                                    determine the status
                                                                                                                                    of-Combined Control,
                                                                                                                                    Vertical Control, Up
                                                                                                                                    Advisory, and Down
                                                                                                                                    Advisory. (ref.
                                                                                                                                    ARINC Characteristic
                                                                                                                                    735 Attachment 6E,
                                                                                                                                    TCAS VERTICAL RA
                                                                                                                                    DATA OUTPUT WORD.)
45. DME 1 and 2 Distance...........  0-200 NM..............  As installed..........  4....................  1 NM.................  1 mile.
46. Nav 1 and 2 Selected Frequency.  Full range............  As installed..........  4....................  .....................  Sufficient to
                                                                                                                                    determine selected
                                                                                                                                    frequency
47. Selected barometric setting....  Full range............  5%.
48. Selected Altitude..............  Full range............  5%.
49. Selected speed.................  Full range............  5%.

[[Page 702]]

 
50. Selected Mach..................  Full range............  5%.
51. Selected vertical speed........  Full range............  5%.
52. Selected heading...............  Full range............  5%.
53. Selected flight path...........  Full range............  5%.
54. Selected decision height.......  Full range............  5%.
55. EFIS display format............  Discrete(s)...........  ......................  4....................  .....................  Discretes should show
                                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail,
                                                                                                                                    composite, sector,
                                                                                                                                    plan, nav aids,
                                                                                                                                    weather radar,
                                                                                                                                    range, copy).
56. Multi-function/Engine Alerts     Discrete(s)...........  ......................  4....................  .....................  Discretes should show
 Display format.                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail, and
                                                                                                                                    the identity of
                                                                                                                                    display pages for
                                                                                                                                    emergency
                                                                                                                                    procedures, need not
                                                                                                                                    be recorded).
57. Thrust command.\17\............  Full Range............  2%.
58. Thrust target..................  Full range............  2%.
59. Fuel quantity in CG trim tank..  Full range............  5%.
60. Primary Navigation System        Discrete GPS, INS, VOR/ ......................  4....................  .....................  A suitable
 Reference.                           DME, MLS, Loran C,                                                                            combination of
                                      Omega, Localizer                                                                              discrete to
                                      Glideslope.                                                                                   determine the
                                                                                                                                    Primary Navigation
                                                                                                                                    System reference.
61. Ice Detection..................  Discrete ``ice'' or     ......................  4....................                         .....................
                                      ``no ice''.
62. Engine warning each engine       Discrete..............  ......................  1....................                         .....................
 vibration.
63. Engine warning each engine over  Discrete..............  ......................  1....................                         .....................
 temp.
64. Engine warning each engine oil   Discrete..............  ......................  1....................                         .....................
 pressure low.
65. Engine warning each engine over  Discrete..............  ......................  1....................                         .....................
 speed.
66. Yaw Trim Surface Position......  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
67. Roll Trim Surface Position.....  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
68. Brake Pressure (left and right)  As installed..........  5%.                                                                effort applied by
                                                                                                                                    pilots or by
                                                                                                                                    autobrakes.
69. Brake Pedal Application (left    Discrete or Analog      5% (Analog).                                                       applied by pilots.
                                      ``off''.
70. Yaw or sideslip angle..........  Full Range............  5%.
71. Engine bleed valve position....  Decrete ``open'' or     ......................  4....................  .....................  .....................
                                      ``closed''.
72. De-icing or anti-icing system    Discrete ``on'' or      ......................  4....................  .....................  .....................
 selection.                           ``off''.
73. Computed center of gravity.....  Full Range............  5%.

[[Page 703]]

 
74. AC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
75. DC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
76. APU bleed valve position.......  Discrete ``open'' or    ......................  4....................                         .....................
                                      ``closed.
77. Hydraulic Pressure (each         Full range............  5%.
78. Loss of cabin pressure.........  Discrete ``loss'' or    ......................  1....................                         .....................
                                      ``normal''.
79. Computer failure (critical       Discrete ``fail'' or    ......................  4....................                         .....................
 flight and engine control systems).  ``normal''.
80. Heads-up display (when an        Discrete(s) ``on'' or   ......................  4....................                         .....................
 information source is installed).    ``off''.
81. Para-visual display (when an     Discrete(s) ``on'' or   ......................  1....................                         .....................
 information source is installed).    ``off''.
82. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
83. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    position should be
                                                                                                                                    recorded.
84. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    input are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
85. Trailing edge flap and cockpit   Full Range............  5%.                                                                and cockpit flap
                                                                                                                                    control position may
                                                                                                                                    each be sampled
                                                                                                                                    alternately at 4
                                                                                                                                    second intervals to
                                                                                                                                    provide a sample
                                                                                                                                    each 0.5 second.
86. Leading edge flap and cockpit    Full Range or Discrete  5%.
87. Ground spoiler position and      Full Range or Discrete  5%.

[[Page 704]]

 
88. All cockpit flight control       Full Range Control      5%.                                                                flight control
 control column, rudder pedal).       thn-eq>70 lbs Control                                                                         systems, where
                                      Column 85 lb Rudder                                                                           surface position is
                                      pedal 165 lbs.                                                                               displacement of the
                                                                                                                                    control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    break away
                                                                                                                                    capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    control
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    force inputs. The
                                                                                                                                    control force inputs
                                                                                                                                    may be sampled
                                                                                                                                    alternately once per
                                                                                                                                    2 seconds to produce
                                                                                                                                    the sampling
                                                                                                                                    interval of 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For A300 B2/B4 airplanes, resolution = 6 seconds.
\2\ For A330/A340 series airplanes, resolution = 0.703[deg].
\3\ For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088[deg]0.064[deg])
 For A330/A340 series airplanes, resolution = 2.20% (0.703[deg]0.064[deg])
\4\ For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088[deg]0.080[deg])
 For A330/A340 series airplanes, resolution = 1.76% (0.703[deg]0.080[deg])
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
\6\ For A330/A340 series airplanes, resolution = 0.783% (0.352[deg]0.090[deg])
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
  1.406% (0.703[deg]0.100[deg]).
\8\ For A330/A340 series airplanes, resolution = 0.30% (0.176[deg]0.12[deg])
 For A330/A340 series airplanes, seconds per sampling interval = 1
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
\10\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg])
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A330 B2/B4 series airplanes, resolution = 0.92%
  (0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
\13\ For A330/A340 series airplanes, resolution = 0.5[deg]C.
\14\ For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
\15\ For A330/A340 series airplanes, resolution = 0.352 degrees.
\16\ For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever
  angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54
  degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value
  of 96.14 degrees.
\17\ For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.


[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 125-32, 64 FR 46121, Aug. 24, 1999; 65 FR 
2295, Jan. 14, 2000; Amdt. 125-32, 65 FR 2295, Jan. 14, 2000; Amdt. 125-
34, 65 FR 51745, Aug. 24, 2000; 65 FR 81735, Dec. 27, 2000; Amdt. 125-
39, 67 FR 54323, Aug. 21, 2002; Amdt. 125-42, 68 FR 42937, July 18, 
2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003]



PART 129_OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE--Table of Contents




Sec.

Special Federal Aviation Regulation No. 97 [Note]
129.1 Applicability and definitions.
129.11 Operations specifications.
129.13 Airworthiness and registration certificates.
129.14 Maintenance program and minimum equipment list requirements for 
          U.S.-registered aircraft.
129.15 Flight crewmember certificates.
129.16 Supplemental inspections for U.S.-registered aircraft.
129.17 Radio equipment.
129.18 Collision Avoidance System.
129.19 Air traffic rules and procedures.
129.20 Digital flight data recorders.
129.21 Control of traffic.
129.23 Transport category cargo service airplanes: Increased zero fuel 
          and landing weights.
129.25 Airplane security.
129.28 Flightdeck security.
129.29 Smoking prohibitions.
129.32 Special maintenance program requirements.

[[Page 705]]

129.33 Aging airplane inspections and records reviews for U.S.-
          registered multiengine aircraft.
Appendix A to Part 129--Application for Operations Specifications by 
          Foreign Air Carriers
Appendix B to Part 129--Design-Life Goals

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702, 44705, 
44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906, 44912, 
46105, Pub. L. 107-71 sec. 104.

    Source: Docket No. 1994, 29 FR 1720, Feb. 5, 1964, unless otherwise 
noted.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.



Sec. 129.1  Applicability and definitions.

    (a) Foreign air carrier operations in the United States. This part 
prescribes rules governing the operation within the United States of 
each foreign air carrier holding the following:
    (1) A permit issued by the Civil Aeronautics Board or the U.S. 
Department of Transportation under 49 U.S.C. 41301 through 41306 
(formerly section 402 of the Federal Aviation Act of 1958, as amended), 
or
    (2) Other appropriate economic or exemption authority issued by the 
Civil Aeronautics Board or the U.S. Department of Transportation.
    (b) Operations of U.S.-registered aircraft solely outside the United 
States. In addition to the operations specified under paragraph (a) of 
this section, Sec. Sec. 129.14, 129.16, 129.20, 129.32, and 129.33 also 
apply to U.S.-registered aircraft operated solely outside the United 
States in common carriage by a foreign person or foreign air carrier.
    (c) Definitions. For the purpose of this part--
    (1) Foreign person means any person who is not a citizen of the 
United States and who operates a U.S.-registered aircraft in common 
carriage solely outside the United States.
    (2) Years in service means the calendar time elapsed since an 
aircraft was issued its first U.S. or first foreign airworthiness 
certificate.

[Doc. No. FAA-1999-5401, 67 FR 72762, Dec. 6, 2002]



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.
    (5) Registration and markings of each aircraft that meets equipment 
requirements of Sec. 129.28(a).
    (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; Amdt. 129-33, 67 FR 42455, June 21, 2002]

[[Page 706]]



Sec. 129.13  Airworthiness and registration certificates.

    (a) Except as provided in Sec. 129.28(b) of this part, 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.

[Docket No. 1994, 29 FR 1720, Feb. 5, 1964, as amended byAmdt. 129-33, 
67 FR 42455, June 21, 2002]



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.
    (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. 129.16  Supplemental inspections for U.S.-registered aircraft.

    (a) Multiengine airplanes with 10 or more passenger seats. After 
December 5, 2007, a foreign air carrier or foreign person may not 
operate a U.S.-registered multiengine airplane initially type 
certificated with 10 or more passenger seats under this part unless the 
maintenance program for that airplane includes damage-tolerance-based 
inspections and procedures. Paragraphs

[[Page 707]]

(c), (d), and (e) of this section list the exceptions to this 
requirement.
    (b) Multiengine airplanes with nine or fewer passenger seats. After 
December 20, 2010, a foreign air carrier or foreign person may not 
operate a U.S.-registered multiengine airplane initially type 
certificated with nine or fewer passenger seats under this part unless 
the inspection program for that airplane includes service-history-based 
inspections and procedures. Paragraphs (d) and (e) of this section list 
the exceptions to this requirement.
    (c) New model added through type certificate amendment. This 
paragraph applies to each U.S.-registered multiengine airplane initially 
type certificated with 10 or more passenger seats that is added to a 
type certificate after December 8, 2003, that has a certification basis 
that does not include a requirement for damage-tolerance-based 
inspections and procedures. A foreign air carrier or foreign person may 
not operate that airplane more than 4 years after the date of the type 
certificate amendment unless the maintenance program for that airplane 
includes damage-tolerance-based inspections and procedures.
    (d) Design-life goal airplanes. If on or after December 5, 2007, the 
time in service of the airplane reaches the design-life goal listed in 
appendix B to this part, the foreign air carrier or foreign person may 
operate the airplane until the airplane's time in service reaches the 
design-life goal or until December 20, 2010, whichever occurs sooner. 
After that date, the foreign air carrier or foreign person may not 
operate the airplane unless it complies with paragraph (a) or paragraph 
(b) of this section.
    (e) Airworthiness directive-mandated service-history-based 
inspections. Until December 20, 2010, a foreign air carrier or foreign 
person may operate a U.S.-registered multiengine airplane initially type 
certificated with 10 or more passenger seats and for which an 
airworthiness directive requires the maintenance program to include 
service-history-based inspections and procedures. After that date, the 
foreign air carrier or foreign person may not operate the airplane 
unless the maintenance program for that airplane includes damage-
tolerance-based inspections and procedures.
    (f) Approvals. The inspections and procedures required by this 
section to be included in the certificate holder's maintenance program 
for an airplane must be approved by the FAA Aircraft Certification 
Office or office of the Small Aircraft Directorate or Transport Airplane 
Directorate having cognizance over the type certificate for the affected 
airplane.

[Doc. No. FAA-1999-5401, 67 FR 72762, Dec. 6, 2002]



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  Collision avoidance system.

    Effective January 1, 2005, any airplane you, as a foreign air 
carrier, operate under part 129 must be equipped and operated according 
to the following table:

[[Page 708]]



                       Collision Avoidance Systems
------------------------------------------------------------------------
If you operate in the United States any     Then you must operate that
                 . . .                            airplane with:
------------------------------------------------------------------------
(a) Turbine-powered airplane of more     (1) An appropriate class of
 than 33,000 pounds maximum               Mode S transponder that meets
 certificated takeoff weight.             Technical Standard Order (TSO)
                                          C-112, or a later version, and
                                          one of the followign approved
                                          units;
                                         (i) TCAS II that meets TSO C-
                                          119b (version 7.0), or takeoff
                                          weight a later version.
                                         (ii) TCAS II that meets TSO C-
                                          119a (version 6.04A Enhanced)
                                          that was installed in that
                                          airplane before May 1, 2003.
                                          If that TCAS II version 6.04A
                                          Enhanced no longer can be
                                          repaired to TSO C-119a
                                          standards, it must be replaced
                                          with a TCAS II that meets TSO
                                          C-119b (version 7.0), or a
                                          later version.
                                         (iii) A collision avoidance
                                          system equivalent to TSO C-
                                          119b (version 7.0), or a later
                                          version, capable of
                                          coordinating with units that
                                          meet TSO C-119a (version 6.04A
                                          Enhanced), or a later version.
(b) Turbine-powered airplane with a      (1) TCAS I that meets TSO C-
 passenger-seat configuration,            118, or a later version, or
 excluding any pilot seat, or 10-30      (2) A collision avoidance
 seats.                                   system equivalent to excluding
                                          any TSO C-118, or a later
                                          version, or
                                         (3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
------------------------------------------------------------------------


[Doc. No. FAA-2001-10910, 68 FR 15903, Apr. 1, 2003]



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. 129.20  Digital flight data recorders.

    No person may operate an aircraft under this part that is registered 
in the United States unless it is equipped with one or more approved 
flight recorders that use a digital method of recording and storing data 
and a method of readily retrieving that data from the storage medium. 
The flight data recorder must record the parameters that would be 
required to be recorded if the aircraft were operated under part 121, 
125, or 135 of this chapter, and must be installed by the compliance 
times required by those parts, as applicable to the aircraft.

[Doc. No. 28109, 62 FR 38396, July 17, 1997]



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--

[[Page 709]]

    (1) DC-6A, DC-6B, DC-7B, and DC-7C; and
    (2) L-1049 B, C, D, E, F, G, and H, and the L-1649A when modified in 
accordance with supplemental type certificate SA 4-1402.
    (b) The zero fuel weight (maximum weight of the airplane with no 
disposable fuel and oil) and the structural landing weight may be 
increased beyond the maximum approved in full compliance with applicable 
rules only if the Administrator finds that--
    (1) The increase is not likely to reduce seriously the structural 
strength;
    (2) The probability of sudden fatigue failure is not noticeably 
increased;
    (3) The flutter, deformation, and vibration characteristics do not 
fall below those required by applicable regulations; and
    (4) All other applicable weight limitations will be met.
    (c) No zero fuel weight may be increased by more than five percent, 
and the increase in the structural landing weight may not exceed the 
amount, in pounds, of the increase in zero fuel weight.
    (d) Each airplane must be inspected in accordance with the approved 
special inspection procedures, for operations at increased weights, 
established and issued by the manufacturer of the type of airplane.
    (e) A foreign air carrier may not operate an airplane under this 
section unless the country of registry requires the airplane to be 
operated in accordance with the passenger-carrying transport category 
performance operating limitations in part 121 or the equivalent.
    (f) The Airplane Flight Manual for each airplane operated under this 
section must be appropriately revised to include the operating 
limitations and information needed for operation at the increased 
weights.
    (g) Each airplane operated at an increased weight under this section 
must, before it is used in passenger service, be inspected under the 
special inspection procedures for return to passenger service 
established and issued by the manufacturer and approved by the 
Administrator.

[Doc. No. 6403, 29 FR 19098, Dec. 30, 1964]



Sec. 129.25  Airplane security.

    Foreign air carriers conducting operations under this part must 
comply with the applicable security requirements in 49 CFR chapter XII.

[67 FR 8350, Feb. 22, 2002]



Sec. 129.28  Flightdeck security.

    (a) After August 20, 2002, except for a newly manufactured airplane 
on a non-revenue delivery flight, no foreign air carrier covered by 
Sec. 129.1(a), may operate:
    (1) A passenger carrying transport category airplane within the 
United States, except for overflights, unless the airplane is equipped 
with a door between the passenger and pilot compartment that 
incorporates features to restrict the unwanted entry of persons into the 
flightdeck that are operable from the flightdeck only; or
    (2) A transport category all-cargo airplane within the United 
States, except for overflights, that has a door installed between the 
pilot compartment and any other occupied compartment on or after June 
21, 2002, unless the door incorporates features to restrict the unwanted 
entry of persons into the flightdeck that are operable from the 
flightdeck only.
    (b) To the extent necessary to meet the requirements of paragraph 
(a) of this section, the requirements of Sec. 129.13(a) to maintain 
airworthiness certification are waived until April 9, 2003. After that 
date, the requirements of Sec. 129.13(a) apply in full.
    (c) After April 9, 2003, except for a newly manufactured airplane on 
a non-revenue delivery flight, no foreign air carrier covered by Sec. 
129.1(a) may operate a passenger carrying transport category airplane, 
or a transport category all-cargo airplane that has a door installed 
between the pilot compartment and any other occupied compartment on or 
after June 21, 2002, within the United States, except for overflights, 
unless the airplane's flightdeck door installation meets the 
requirements of paragraphs (c)(1) and(2) of this section or an 
alternative standard found acceptable to the Administrator.
    (1) Except for a newly manufactured airplane on a non-revenue 
delivery

[[Page 710]]

flight, no foreign air carrier covered by Sec. 129.1(a) may operate:
    (i) After April 9, 2003, a passenger carrying transport category 
airplane within the United States, except on overflights, unless the 
airplane's flightdeck door installation meets the requirements of 
paragraphs (c)(2) and (c)(3) of this section or an alternative standard 
found acceptable to the Administrator.
    (ii) After October 1, 2003, a transport category all-cargo airplane 
that had a door installed between the pilot compartment and any other 
occupied compartment on or after June 21, 2002, within the United 
States, except on overflights, unless the airplane's flightdeck door 
installation meets the requirements of paragraphs (c)(2) and (c)(3) of 
this section or an alternative standard found acceptable to the 
Administrator; or the operator must implement a security program 
approved by the Transportation Security Administration (TSA) for the 
operation of all airplanes in that operator's fleet.
    (2) The door must resist forcible intrusion by unauthorized persons 
and be capable of withstanding impacts of 300 joules (221.3 foot-pounds) 
at the critical locations on the door, as well as a 1,113-newton (250 
pounds) constant tensile load on the knob or handle, and
    (3) The door must resist penetration by small arms fire and 
fragmentation devices to a level equivalent to Level IIIa of the 
National Institute of Justice Standard (NIJ) 0101.04.
    (d) After August 20, 2002, no foreign air carrier covered by Sec. 
129.1 may operate a passenger carrying transport category airplane, or a 
transport category all-cargo airplane that has a door installed between 
the pilot compartment and any other occupied compartment on or after 
June 21, 2002, within the United States, except for overflights, unless 
the carrier has procedures in place that are acceptable to the civil 
aviation authority responsible for oversight of the foreign air carriers 
operating under this part to prevent access to the flightdeck except as 
authorized as follows:
    (1) No person other than a person who is assigned to perform duty on 
the flight deck may have a key to the flight deck door that will provide 
access to the flightdeck.
    (2) Except when it is necessary to permit access and egress by 
persons authorized in accordance with paragraph (d)(3) of this section, 
a pilot in command of an airplane that has a lockable flight deck door 
in accordance with Sec. 129.28(a) and that is carrying passengers shall 
ensure that the door separating the flight crew compartment from the 
passenger compartment is closed and locked at all times when the 
airplane is being operated.
    (3) No person may admit any person to the flight deck of an airplane 
unless the person being admitted is--
    (i) A crewmember,
    (ii) An inspector of the civil aviation authority responsible for 
oversight of the part 129 operator, or
    (iii) Any other person authorized by the civil aviation authority 
responsible for oversight of the part 129 operator.
    (e) The requirements of paragraph (a) through (d) except (d)(3), do 
not apply to transport category passenger carrying airplanes originally 
type certificated with a maximum passenger seating configuration of 19 
seats or less, or to all-cargo airplanes with a payload capacity of 
7,500 pounds or less.

[Doc. No. FAA-2002-12504, 67 FR 79824, Dec. 30, 2002, as amended by 
Amdt. 129-38, 68 FR 42882, July 18, 2003]



Sec. 129.29  Smoking prohibitions.

    (a) No person may smoke and no operator may permit smoking in any 
aircraft lavatory.
    (b) Unless otherwise authorized by the Secretary of Transportation, 
no person may smoke and no operator may permit smoking anywhere on the 
aircraft (including the passenger cabin and the flight deck) during 
scheduled passenger foreign air transportation or during any scheduled 
passenger interstate or intrastate air transportation.

[Doc. No. FAA-2000-7467, 65 FR 36780, June 9, 2000]



Sec. 129.32  Special maintenance program requirements.

    (a) No foreign air carrier or foreign persons operating a U.S. 
registered airplane may operate an Airbus Model A300 (excluding -600 
series), British Aerospace Model BAC 1-11, Boeing

[[Page 711]]

Model 707, 720, 727, 737, or 747, McDonnell Douglas Model DC-8, DC-9/MD-
80 or DC-10, Fokker Model F28, or Lockheed Model L-1011 beyond the 
applicable flight cycle implementation time specified below, or May 25, 
2001, whichever occurs later, unless operations specifications have been 
issued to reference repair assessment guidelines applicable to the 
fuselage pressure boundary (fuselage skin, door skin, and bulkhead 
webs), and those guidelines are incorporated in its maintenance program. 
The repair assessment guidelines must be approved by the FAA Aircraft 
Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane.
    (1) For the Airbus Model A300 (excluding the -600 series), the 
flight cycle implementation time is:
    (i) Model B2: 36,000 flights.
    (ii) Model B4-100 (including Model B4-2C): 30,000 flights above the 
window line, and 36,000 flights below the window line.
    (iii) Model B4-200: 25,500 flights above the window line, and 34,000 
flights below the window line.
    (2) For all models of the British Aerospace BAC 1-11, the flight 
cycle implementation time is 60,000 flights.
    (3) For all models of the Boeing 707, the flight cycle 
implementation time is 15,000 flights.
    (4) For all models of the Boeing 720, the flight cycle 
implementation time is 23,000 flights.
    (5) For all models of the Boeing 727, the flight cycle 
implementation time is 45,000 flights.
    (6) For all models of the Boeing 737, the flight cycle 
implementation time is 60,00 flights.
    (7) For all models of the Boeing 747, the flight cycle 
implementation time is 15,000 flights.
    (8) For all models of the McDonnell Douglas DC-8, the flight cycle 
implementation time is 30,000 flights.
    (9) For all models of the McDonnell Douglas DC-9/MD-80, the flight 
cycle implementation time is 60,000 flights.
    (10) For all models of the McDonnell Douglas DC-10, the flight cycle 
implementation time is 30,000 flights.
    (11) For all models of the Lockheed L-1011, the flight cycle 
implementation time is 27,000 flights.
    (12) For the Fokker F-28 Mark 1000, 2000, 3000, and 4000, the flight 
cycle implementation time is 60,000 flights.
    (b) For turbine-powered transport category airplanes with a type 
certificate issued after January 1, 1958 and either a maximum type 
certificated passenger capacity of 30 or more, or a maximum type 
certificated payload capacity of 7,500 pounds or more, the program 
required by paragraph (a) of this section must include instructions for 
maintenance and inspection of the fuel tank systems no later than 
December 16, 2008. These instructions must address the actual 
configuration of the fuel tank systems of each affected airplane and 
must be approved by the FAA Aircraft Certification Office (ACO), or 
office of the Transport Airplane Directorate, having cognizance over the 
type certificate for the affected airplane. Operators must submit their 
request through an appropriate FAA Principal Maintenance Inspector, who 
may add comments and then send it to the manager of the appropriate 
office. Thereafter the approved instructions can be revised only with 
the approval of the FAA Aircraft Certification Office (ACO), or office 
of the Transport Airplane Directorate, having cognizance over the type 
certificate for the affected airplane. Operators must submit their 
requests for revisions through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the manager of the 
appropriate office.

[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65 FR 35703, June 5, 2000, 
as amended by Amdt. 129-30, 66 FR 23131, May 7, 2001; Amdt. 129-35, 67 
FR 72834, Dec. 9, 2002; Amdt. 129-39, 69 FR 45942, July 30, 2004]



Sec. 129.33  Aging airplane inspections and records reviews for 
U.S.-registered multiengine aircraft.

    (a) Operation after inspection and records review. After the dates 
specified in this paragraph, a foreign air carrier or foreign person may 
not operate a U.S.-registered multiengine airplane

[[Page 712]]

under this part unless the Administrator has notified the foreign air 
carrier or foreign person that the Administrator has completed the aging 
airplane inspection and records review required by this section. During 
the inspection and records review, the foreign air carrier or foreign 
person must demonstrate to the Administrator that the maintenance of age 
sensitive parts and components of the airplane has been adequate and 
timely enough to ensure the highest degree of safety.
    (1) Airplanes exceeding 24 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has exceeded 24 years in service on December 8, 2003, no later than 
December 5, 2007, and thereafter at intervals not to exceed 7 years.
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records reviews. For an airplane that has exceeded 14 years in service, 
but not 24 years in service, on December 8, 2003, no later than December 
4, 2008, and thereafter at intervals not to exceed 7 years.
    (3) Airplanes not exceeding 14 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has not exceeded 14 years in service on December 8, 2003, no later 
than 5 years after the start of the airplane's 15th year in service and 
thereafter at intervals not to exceed 7 years.
    (b) Unforeseen schedule conflict. In the event of an unforeseen 
scheduling conflict for a specific airplane, the Administrator may 
approve an extension of up to 90 days beyond an interval specified in 
paragraph (b) of this section.
    (c) Airplane and records availability. The foreign air carrier or 
foreign person must make available to the Administrator each U.S.-
registered multiengine airplane for which an inspection and records 
review is required under this section, in a condition for inspection 
specified by the Administrator, together with the records containing the 
following information:
    (1) Total years in service of the airplane;
    (2) Total flight hours of the airframe;
    (3) Total flight cycles of the airframe;
    (4) Date of the last inspection and records review required by this 
section;
    (5) Current status of life-limited parts of the airframe;
    (6) Time since the last overhaul of all structural components 
required to be overhauled on a specific time basis;
    (7) Current inspection status of the airplane, including the time 
since the last inspection required by the inspection program under which 
the airplane is maintained;
    (8) Current status of the following, including the method of 
compliance:
    (i) Airworthiness directives;
    (ii) Corrosion Prevention and Control Programs; and
    (iii) Inspections and procedures required by Sec. 129.16 of this 
part;
    (9) A list of major structural alterations; and
    (10) A report of major structural repairs and the current inspection 
status for those repairs.
    (d) Notification to Administrator. Each foreign air carrier or 
foreign person must notify the Administrator at least 60 days before the 
date on which the airplane and airplane records will be made available 
for the inspection and records review.

[Doc. No. FAA-1999-5401, 67 FR 72763, Dec. 6, 2002]

  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

[[Page 713]]

Federal Air Regulations, application is hereby made for the issuance of 
Foreign Operations Specifications.
    Give exact name and full post office address of applicant.
    Give the name, title, and post office address (within the United 
States if possible) of the official or employee to whom correspondence 
in regard to the application is to be addressed.
    Unless otherwise specified, the applicant must submit the following 
information only with respect to those parts of his proposed operations 
that will be conducted within the United States.
    Section I. Operations. State whether the operation proposed is day 
or night, visual flight rules, instrument flight rules, or a particular 
combination thereof.
    Sec. II. Operational plans. State the route by which entry will be 
made into the United States, and the route to be flown therein.
    Sec. III. A. Route. Submit a map suitable for aerial navigation upon 
which is indicated the exact geographical track of the proposed route 
from the last point of foreign departure to the United States terminal, 
showing the regular terminal, and alternate airports, and radio 
navigational facilities. This material will be indicated in a manner 
that will facilitate identification. The applicant may use any method 
that will clearly distinguish the information, such as different colors, 
different types of lines, etc. For example, if different colors are 
used, the identification will be accomplished as follows:
    1. Regular route: Black.
    2. Regular terminal airport: Green circle.
    3. Alternate airports: Orange circle.
    4. The location of radio navigational facilities which will be used 
in connection with the proposed operation, indicating the type of 
facility to be used, such as radio range ADF, VOR, etc.
    B. Airports. Submit the following information with regard to each 
regular terminal and alternate to be used in the conduct of the proposed 
operation:
    1. Name of airport or landing area.
    2. Location (direction distance to and name of nearest city or 
town).
    Sec. IV. Radio facilities: Communications. List all ground radio 
communication facilities to be used by the applicant in the conduct of 
the proposed operations within the United States and over that portion 
of the route between the last point of foreign departure and the United 
States.
    Sec. V. Aircraft. Submit the following information in regard to each 
type and model aircraft to be used.
    A. Aircraft.
    1. Manufacturer and model number.
    2. State of origin.
    3. Single-engine or multiengine. If multiengine, indicate number of 
engines.
    4. What is the maximum takeoff and landing weight to be used for 
each type of aircraft?
    5. Registration markings of each U.S.-registered aircraft.
    B. Aircraft Radio. List aircraft radio equipment necessary for 
instrument operation within the United States.
    C. Licensing. State name of country by whom aircraft are 
certificated.
    Sec. VI. Airmen. List the following information with respect to 
airmen to be employed in the proposed operation within the United 
States.
    A. State the type and class of certificate held by each flight 
crewmember.
    B. State whether or not pilot personnel have received training in 
the use of navigational facilities necessary for en route operation and 
instrument letdowns along or adjacent to the route to be flown within 
the United States.
    C. State whether or not personnel are familiar with those parts of 
the Federal Air Regulations pertaining to the conduct of foreign air 
carrier operations within the United States.
    D. State whether pilot personnel are able to speak and understand 
the English language to a degree necessary to enable them to properly 
communicate with Airport Traffic Control Towers and Airway Radio 
Communication Stations using radiotelephone communications.
    Sec. VII. Dispatchers.
    A. Describe briefly the dispatch organization which you propose to 
set up for air carrier operations within the United States.
    B. State whether or not the dispatching personnel are familiar with 
the rules and regulations prescribed by the Federal Air Regulations 
governing air carrier operations.
    C. Are dispatching personnel able to read and write the English 
language to a degree necessary to properly dispatch flights within the 
United States?
    D. Are dispatching personnel certificated by the country of origin?
    Sec. VIII. Additional Data.
    A. Furnish such additional information and substantiating data as 
may serve to expedite the issuance of the operations specifications.
    B. Each application shall be concluded with a statement as follows:
    I certify that the above statements are true.
    Signed this ------ day of ------ 19----
------------------------ (Name of Applicant)____________________________
By______________________________________________________________________

[[Page 714]]

(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]

                Appendix B to Part 129--Design-Life Goals

----------------------------------------------------------------------------------------------------------------
                                                 Number of                                          Design-life
                Airplane type                      seats          Type certificate data sheet      goal (hours)
----------------------------------------------------------------------------------------------------------------
Raytheon (Beech) Aircraft Co.:
    --Beech 99 (all models).................            19+2  A14CE.............................          46,000
    --Beech 1900 and 1900C..................            13+2  A24CE.............................          45,000
    --Beech 300 and 300LW...................            15+2  A24CE.............................          30,000
    --Beech B300 and B300C..................            19+2  A24CE.............................          30,000
    --Beech 1900D...........................            15+2  A24CE.............................          45,000
British Aerospace Ltd.:
    --BAe Jetstream 3101....................            19+2  A21EU.............................          45,000
    --BAe Jetstream 3201....................            19+2  A56EU.............................          30,000
Cessna Aircraft Co.:
    --Cessna 402 Series (all models except               8+2  A7CE..............................          12,000
     402C).
    --Cessna 402C...........................             8+2  A7CE..............................           7,700
deHavilland Aircraft Co.: DHC-6.............            22+2  A9EA..............................          33,000
Dornier-Luftfahrt GmbH:
    --Dornier 228-100 and -200..............            19+2  A16EU.............................          42,800
    --Dornier 228-101 and -201..............            19+2  A16EU.............................          32,800
    --Dornier 228-202.......................            19+2  A16EU.............................          29,600
    --Dornier 228-212 (Except SN 155 & 191              19+2  A16EU.............................          26,400
     and up).
    --Dornier 228-212 (SN 155 and 191 and               19+2  A16EU.............................          42,800
     up).
Empresa Brasileira de Aeronautica (Embraer):            19+2  A21SO.............................          30,000
 Embraer EMB-110
Fairchild Aircraft Corporation:
    --SA226-TC..............................            20+2  A8SW..............................          35,000
    --SA227-AT..............................            14+2  A5SW..............................          35,000
    --SA227-TT..............................             9+2  A5SW..............................          35,000
    --SA227-AC..............................            20+2  A8SW..............................          35,000
    --SA227-PC..............................            20+2  A8SW..............................          35,000
    --SA227-BC..............................            20+2  A8SW..............................          35,000
    --SA227-CC..............................            19+2  A18SW.............................          35,000
    --SA227-DC..............................            19+2  A18SW.............................          35,000
Pilatus Britten-Norman: PBN BN-2 Mk III (all            16+2  A29EU.............................          20,480
 models).
Piper Aircraft Inc., The New:
    --PA 31 Navajo..........................             6+2  A20SO.............................          11,000
    --PA 31-300 Navajo......................             6+2  A20SO.............................          15,500
    --PA 31P Pressurized Navajo.............             6+2  A8EA..............................          14,000
    --PA 31T Cheyenne and Cheyenne II.......             7+2  A8EA..............................          12,000
    --PA 31-350 Chieftain and (T-1020)......             9+2  A20SO.............................          13,000
    --PA 31-325 Navajo CR...................             9+2  A20SO.............................          11,000
    --PA 31T2 Cheyenne II XL................             5+2  A8EA..............................          11,400
    --PA 31T3 (T-1040) without tip tanks....             9+2  A8EA..............................          17,400
    --PA 31T3 (T-1040) with tip tanks.......             9+2  A8EA..............................          13,800
Short Brothers PLC:
    --SD3-30................................            39+2  A41EU.............................          57,600
    --SD3-60................................            39+2  A41EU.............................          28,800
    --SD3-Sherpa............................            39+2  A41EU.............................          40,000
----------------------------------------------------------------------------------------------------------------


[Doc. No. FAA-1999-5401, 67 FR 72763, Dec. 6, 2002]



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.

[[Page 715]]

133.17 Requirements for issuance of a rotorcraft external-load operator 
          certificate.
133.19 Rotorcraft.
133.21 Personnel.
133.23 Knowledge and skill.
133.25 Amendment of certificate.
133.27 Availability, transfer, and surrender of certificate.

           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]

[[Page 716]]



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 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 Sec. Sec. 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.

[[Page 717]]

    (2) Proper method of loading, rigging, or attaching the external 
load.
    (3) Performance capabilities, under approved operating procedures 
and limitations, of the rotorcraft to be used.
    (4) Proper instructions of flight crew and ground workers.
    (5) Appropriate rotorcraft-load combination flight manual.
    (c) The test of skill requires appropriate maneuvers for each class 
requested. The appropriate maneuvers for each load class must be 
demonstrated in the rotorcraft prescribed in 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 Sec. Sec. 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

[[Page 718]]

rules of this part to the extent required to meet that emergency.
    (b) Each person who, under the authority of this section, deviates 
from a rule of this part shall notify the Administrator within 10 days 
after the deviation. Upon the request of the Administrator, that person 
shall provide the certificate-holding FAA Flight Standards District 
Office a complete report of the aircraft operation involved, including a 
description of the deviation and reasons for it.

[Doc. No. 24550, 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

[[Page 719]]

are conducted without creating a hazard to persons or property on the 
surface.
    (f) No person may conduct rotorcraft external-load operations under 
IFR unless specifically approved by the Administrator. However, under no 
circumstances may a person be carried as part of the external-load under 
IFR.

[Doc. No. 24550, 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.

[[Page 720]]

    (4) Horizontal flight at airspeeds up to the maximum airspeed for 
which authorization is requested.
    (c) Class B and D rotorcraft-load combinations: The operational 
flight check must consist of at least the following maneuvers:
    (1) Pickup of the external load.
    (2) Demonstration of adequate directional control while hovering.
    (3) Acceleration from a hover.
    (4) Horizontal flight at airspeeds up to the maximum airspeed for 
which authorization is requested.
    (5) Demonstrating appropriate lifting device operation.
    (6) Maneuvering of the external load into release position and its 
release, under probable flight operation conditions, by means of each of 
the quick-release controls installed on the rotorcraft.
    (d) Class C rotorcraft-load combinations: For Class C rotorcraft-
load combinations used in wire-stringing, cable-laying, or similar 
operations, the operational flight check must consist of the maneuvers, 
as applicable, prescribed in paragraph (c) of this section.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-5, 41 
FR 55475, Dec. 20, 1976; Amdt. 133-9, 51 FR 40709, Nov. 7, 1986]



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 Sec. Sec. 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 
Sec. Sec. 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.

[[Page 721]]

    (2) The rotorcraft must be equipped to allow direct radio 
intercommunication among required crewmembers.
    (3) The personnel lifting device must be FAA approved.
    (4) The lifting device must have an emergency release requiring two 
distinct actions.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-1, 30 
FR 883, Jan. 28, 1965; Amdt. 133-5, 41 FR 55476, Dec. 20, 1976; Amdt. 
133-6, 42 FR 24198, May 12, 1977; Amdt. 133-9, 51 FR 40709, Nov. 7, 
1986]



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 
Sec. Sec. 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 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT--Table of Contents




Special Federal Aviation Regulation No. 36 [Note]
Special Federal Aviation Regulation No. 50-2 [Note]
Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 71 [Note]
Special Federal Aviation Regulation No. 78 [Note]
Special Federal Aviation Regulation No. 89 [Note]
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 97 [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.
135.4 Applicability of rules for eligible on-demand operations.
135.7 Applicability of rules to unauthorized operators.
135.12 Previously trained crewmembers.
135.19 Emergency operations.
135.21 Manual requirements.

[[Page 722]]

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.
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.
135.76 DOD Commercial Air Carrier Evaluator's 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 under IFR.
135.103 [Reserved]
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.
135.120 Prohibition on interference with crewmembers.
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 Aircraft security.
135.127 Passenger information requirements and smoking prohibitions.
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.
135.144 Portable electronic devices.
135.145 Aircraft proving and validation 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.
135.154 Terrain awareness and 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.
135.168 Supplemental inspections.
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.

[[Page 723]]

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.
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.

[[Page 724]]

135.367 Large transport category airplanes: Reciprocating engine 
          powered: Takeoff limitations.
135.369 Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: All engines operating.
135.371 Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: One engine inoperative.
135.373 Part 25 transport category airplanes with four or more engines: 
          Reciprocating engine powered: En route limitations: Two 
          engines inoperative.
135.375 Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Destination airports.
135.377 Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Alternate airports.
135.379 Large transport category airplanes: Turbine engine powered: 
          Takeoff limitations.
135.381 Large transport category airplanes: Turbine engine powered: En 
          route limitations: One engine inoperative.
135.383 Large transport category airplanes: Turbine engine powered: En 
          route limitations: Two engines inoperative.
135.385 Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Destination airports.
135.387 Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Alternate airports.
135.389 Large nontransport category airplanes: Takeoff limitations.
135.391 Large nontransport category airplanes: En route limitations: One 
          engine inoperative.
135.393 Large nontransport category airplanes: Landing limitations: 
          Destination airports.
135.395 Large nontransport category airplanes: Landing limitations: 
          Alternate airports.
135.397 Small transport category airplane performance operating 
          limitations.
135.398 Commuter category airplanes performance operating limitations.
135.399 Small nontransport category airplane performance operating 
          limitations.

     Subpart J_Maintenance, Preventive Maintenance, and Alterations

135.411 Applicability.
135.413 Responsibility for airworthiness.
135.415 Mechanical reliability reports.
135.416 Service difficulty reports (structural).
135.417 Mechanical interruption summary report.
135.419 Approved aircraft inspection program.
135.421 Additional maintenance requirements.
135.422 Aging airplane inspections and records reviews for multiengine 
          airplanes certificated with 10 or more passenger seats.
135.423 Aging airplane inspections and records reviews for multiengine 
          airplanes certificated with nine or fewer passenger seats.
135.424 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
Appendix F to Part 135--Airplane Flight Recorder Specifications
Appendix G to Part 135--Design-Life Goals

    Authority: 49 U.S.C. 106(g), 41706, 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 Regulation No. 36

    Editorial Note: For the text of SFAR No. 36, see part 121 of this 
chapter.

              Special Federal Aviation Regulation No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 of this 
chapter.

               Special Federal Aviation Regulation No. 58

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

[[Page 725]]

               Special Federal Aviation Regulation No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.

               Special Federal Aviation Regulation No. 78

    Editorial Note: For the text of SFAR No. 78, see part 91 of this 
chapter.

               Special Federal Aviation Regulation No. 89

    Editorial Note: For the text of SFAR No. 89, see part 121 of this 
chapter.

               Special Federal Aviation Regulation No. 93

    Editorial Note: For the text of SFAR No. 93, see part 61 of this 
chapter.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, 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 Sec. Sec. 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 Sec. Sec. 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]

[[Page 726]]



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, 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 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 Sec. Sec. 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.
    (iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit 
locating sign.
    (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

[[Page 727]]

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: Section 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 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 20, 1997: Section 121.317(a), 
Fasten seat belt light.
    (iii) Manufactured on or after December 20, 1999: Section 121.293, 
Takeoff warning system.
    (iv) Manufactured on or after March 12, 1999: Section 121.310(b)(1), 
Interior emergency exit locating sign.
    (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; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]



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

[[Page 728]]

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 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. 135.4  Applicability of rules for eligible on-demand operations.

    (a) An ``eligible on-demand operation'' is an on-demand operation 
conducted under this part that meets the following requirements:
    (1) Two-pilot crew. The flightcrew must consist of at least two 
qualified pilots employed or contracted by the certificate holder.
    (2) Flight crew experience. The crewmembers must have met the 
applicable requirements of part 61 of this chapter and have the 
following experience and ratings:
    (i) Total flight time for all pilots:
    (A) Pilot in command--A minimum of 1,500 hours.
    (B) Second in command--A minimum of 500 hours.
    (ii) For multi-engine turbine-powered fixed-wing and powered-lift 
aircraft, the following FAA certification and ratings requirements:
    (A) Pilot in command--Airline transport pilot and applicable type 
ratings.
    (B) Second in command--Commercial pilot and instrument ratings.
    (iii) For all other aircraft, the following FAA certification and 
rating requirements:
    (A) Pilot in command--Commercial pilot and instrument ratings.
    (B) Second in command--Commercial pilot and instrument ratings.
    (3) Pilot operating limitations. If the second in command of a 
fixed-wing aircraft has fewer than 100 hours of flight time as second in 
command flying in the aircraft make and model and, if a type rating is 
required, in the type aircraft being flown, and the pilot in command is 
not an appropriately qualified check pilot, the pilot in command shall 
make all takeoffs and landings in any of the following situations:
    (i) Landings at the destination airport when a Destination Airport 
Analysis is required by Sec. 135.385(f); and
    (ii) In any of the following conditions:
    (A) The prevailing visibility for the airport is at or below \3/4\ 
mile.
    (B) The runway visual range for the runway to be used is at or below 
4,000 feet.
    (C) The runway to be used has water, snow, slush, ice, or similar 
contamination that may adversely affect aircraft performance.
    (D) The braking action on the runway to be used is reported to be 
less than ``good.''
    (E) The crosswind component for the runway to be used is in excess 
of 15 knots.
    (F) Windshear is reported in the vicinity of the airport.
    (G) Any other condition in which the pilot in command determines it 
to be prudent to exercise the pilot in command's authority.
    (4) Crew pairing. Either the pilot in command or the second in 
command must have at least 75 hours of flight time in that aircraft make 
or model and, if a type rating is required, for that type aircraft, 
either as pilot in command or second in command.
    (b) The Administrator may authorize deviations from paragraphs 
(a)(2)(i) or (a)(4) of this section if the Flight Standards District 
Office that issued the certificate holder's operations specifications 
finds that the crewmember has comparable experience, and can effectively 
perform the functions associated with the position in accordance with 
the requirements of this chapter. The Administrator may, at any time, 
terminate any grant of deviation authority issued under this

[[Page 729]]

paragraph. Grants of deviation under this paragraph may be granted after 
consideration of the size and scope of the operation, the qualifications 
of the intended personnel and the following circumstances:
    (1) A newly authorized certificate holder does not employ any pilots 
who meet the minimum requirements of paragraphs (a)(2)(i) or (a)(4) of 
this section.
    (2) An existing certificate holder adds to its fleet a new category 
and class aircraft not used before in its operation.
    (3) An existing certificate holder establishes a new base to which 
it assigns pilots who will be required to become qualified on the 
aircraft operated from that base.
    (c) An eligible on-demand operation may comply with alternative 
requirements specified in Sec. Sec. 135.225(b), 135.385(f), and 
135.387(b) instead of the requirements that apply to other on-demand 
operations.

[Doc. No. FAA-2001-10047, 68 FR 54585, Sept. 17, 2003]



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--

[[Page 730]]

    (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 (h) of this section, each 
certificate holder must carry appropriate parts of the manual on each 
aircraft when away from the principal operations base. The appropriate 
parts must be available for use by ground or flight personnel.
    (g) For the purpose of complying with paragraph (d) of this section, 
a certificate holder may furnish the persons listed therein with all or 
part of its manual in printed form or other form, acceptable to the 
Administrator, that is retrievable in the English language. If the 
certificate holder furnishes all or part of the manual in other than 
printed form, it must ensure there is a compatible reading device 
available to those persons that provides a legible image of the 
information and instructions, or a system that is able to retrieve the 
information and instructions in the English language.
    (h) If a certificate holder conducts aircraft inspections or 
maintenance at specified stations where it keeps the approved inspection 
program manual, it is not required to carry the manual aboard the 
aircraft en route to those stations.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-18, 
47 FR 33396, Aug. 2, 1982; Amdt. 135-58, 60 FR 65939, Dec. 20, 1995; 
Amdt. 135-66, 62 FR 13257, Mar. 19, 1997; Amdt. 135-91, 68 FR 54585, 
Sept. 17, 2003]



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;

[[Page 731]]

    (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) If required by Sec. 135.385, an approved Destination Airport 
Analysis establishing runway safety margins at destination airports, 
taking into account the following factors as supported by published 
aircraft performance data supplied by the aircraft manufacturer for the 
appropriate runway conditions--
    (1) Pilot qualifications and experience;
    (2) Aircraft performance data to include normal, abnormal and 
emergency procedures as supplied by the aircraft manufacturer;
    (3) Airport facilities and topography;
    (4) Runway conditions (including contamination);
    (5) Airport or area weather reporting;
    (6) Appropriate additional runway safety margins, if required;
    (7) Airplane inoperative equipment;
    (8) Environmental conditions; and
    (9) Other criteria affecting aircraft performance.
    (s) Other procedures and policy instructions regarding the 
certificate holder's operations 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; 
Amdt. 135-91, 68 FR 54586, Sept. 17, 2003]



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 operations under this 
part 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

[[Page 732]]

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; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]



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.
    (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.

[[Page 733]]

    (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 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.

    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.

[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995, as amended by Amdt. 135-65, 
61 FR 30435, June 14, 1996; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]



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

[[Page 734]]

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]



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. 135.76  DOD Commercial Air Carrier Evaluator's Credentials: 
Admission to pilots compartment: Forward observer's seat.

    (a) Whenever, in performing the duties of conducting an evaluation, 
a

[[Page 735]]

DOD commercial air carrier evaluator presents S&A Form 110B, ``DOD 
Commercial Air Carrier Evaluator's Credential,'' to the pilot in command 
of an aircraft operated by the certificate holder, the evaluator must be 
given free and uninterrupted access to the pilot's 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 
evaluator while conducting en route evaluations. The suitability of the 
location of the seat and the headset or speaker for use in conducting en 
route evaluations is determined by the FAA.

[Doc. No. FAA-2003-15571, 68 FR 41218, July 10, 2003]



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.



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

[[Page 736]]

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.
    (h) A DOD commercial air carrier evaluator conducting an en route 
evaluation.

[Docket No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
88, 68 FR 41218, July 10, 2003]



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
    (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

[[Page 737]]

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--
    (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

[[Page 738]]

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), (d), and (e) 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 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) Notwithstanding paragraph (a) of this section, the Administrator 
issues operations specifications to allow the use of an approved 
autopilot system with automatic capability during the takeoff and 
initial climb phase of flight provided:
    (1) The Airplane Flight Manual specifies a minimum altitude 
engagement certification restriction;
    (2) The system is not engaged prior to the minimum engagement 
certification restriction specified in the Airplane Flight Manual, or an 
altitude specified by the Administrator, whichever is higher; and
    (3) The Administrator finds that the use of the system will not 
otherwise affect the safety standards required by this section.
    (f) 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; Amdt. 135-68, 62 FR 27923, May 21, 1997]

[[Page 739]]



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 under IFR.

    Except as provided in Sec. 135.105, no person may operate an 
aircraft carrying passengers under IFR unless there is a second in 
command in the aircraft.

[Doc. No. 28743, 62 FR 42374, Aug. 6, 1997]



Sec. 135.103  [Reserved]



Sec. 135.105  Exception to second in command requirement: Approval 
for use of autopilot system.

    (a) Except as provided in Sec. Sec. 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.

[[Page 740]]

    (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 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

[[Page 741]]

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) of this section must 
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;
    (3) Contain other instructions necessary for the use of emergency 
equipment on board the aircraft; and
    (4) No later than June 12, 2005, for scheduled Commuter passenger-
carrying flights, include the sentence, ``Final assembly of this 
aircraft was completed in [INSERT NAME OF COUNTRY].''
    (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; 
69 FR 39294, June 29, 2004]

    Effective Date Note: At 69 FR 39294, June 29, 2004, Sec. 135.117(e) 
was revised. This paragraph contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



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. 135.120  Prohibition on 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 under this part.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



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.

[[Page 742]]

    (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  Aircraft security.

    Certificate holders conducting operators conducting operations under 
this part must comply with the applicable security requirements in 49 
CFR chapter XII.

[67 FR 8350, Feb. 22, 2002]



Sec. 135.127  Passenger information requirements and smoking prohibitions.

    (a) No person may conduct a scheduled flight on which smoking is 
prohibited by part 252 of this title unless the ``No Smoking'' passenger 
information signs are lighted during the entire flight, or one or more 
``No Smoking'' placards meeting the requirements of Sec. 25.1541 of 
this chapter are posted during the entire flight. If both the lighted 
signs and the placards are used, the signs must remain lighted during 
the entire flight segment.
    (b) No person may smoke while a ``No Smoking'' sign is lighted or 
while ``No Smoking'' placards are posted, except as follows:
    (1) On-demand operations. The pilot in command of an aircraft 
engaged in an on-demand operation may authorize smoking on the flight 
deck (if it is physically separated from any passenger compartment), 
except in any of the following situations:
    (i) During aircraft movement on the surface or during takeoff or 
landing;
    (ii) During scheduled passenger-carrying public charter operations 
conducted under part 380 of this title;
    (iii) During on-demand operations conducted interstate that meet 
paragraph (2) of the definition ``On-demand operation'' in Sec. 119.3 
of this chapter, unless permitted under paragraph (b)(2) of this 
section; or
    (iv) During any operation where smoking is prohibited by part 252 of 
this title or by international agreement.
    (2) Certain intrastate commuter operations and certain intrastate 
on-demand operations. Except during aircraft movement on the surface or 
during takeoff or landing, a pilot in command of an aircraft engaged in 
a commuter operation or an on-demand operation that meets paragraph (2) 
of the definition of ``On-demand operation'' in Sec. 119.3 of this 
chapter may authorize smoking on the flight deck (if it is physically 
separated from the passenger compartment, if any) if--

[[Page 743]]

    (i) Smoking on the flight deck is not otherwise prohibited by part 
252 of this title;
    (ii) The flight is conducted entirely within the same State of the 
United States (a flight from one place in Hawaii to another place in 
Hawaii through the airspace over a place outside Hawaii is not entirely 
within the same State); and
    (iii) The aircraft is either not turbojet-powered or the aircraft is 
not capable of carrying at least 30 passengers.
    (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; Amdt. 135-76, 65 FR 36780, June 
9, 2000]



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;

[[Page 744]]

    (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 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

[[Page 745]]

the applicable functions listed in paragraph (d) of this section 
because--
    (1) The person lacks sufficient mobility, strength, or dexterity in 
both arms and hands, and both legs:
    (i) To reach upward, sideways, and downward to the location of 
emergency exit and exit-slide operating mechanisms;
    (ii) To grasp and push, pull, turn, or otherwise manipulate those 
mechanisms;
    (iii) To push, shove, pull, or otherwise open emergency exits;
    (iv) To lift out, hold, deposit on nearby seats, or maneuver over 
the seatbacks to the next row objects the size and weight of over-wing 
window exit doors;
    (v) To remove obstructions of size and weight similar over-wing exit 
doors;
    (vi) To reach the emergency exit expeditiously;
    (vii) To maintain balance while removing obstructions;
    (viii) To exit expeditiously;
    (ix) To stabilize an escape slide after deployment; or
    (x) To assist others in getting off an escape slide;
    (2) The person is less than 15 years of age or lacks the capacity to 
perform one or more of the applicable functions listed in paragraph (d) 
of this section without the assistance of an adult companion, parent, or 
other relative;
    (3) The person lacks the ability to read and understand instructions 
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--

[[Page 746]]

    (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--
    (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

[[Page 747]]

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 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. 135.144  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 operating under this part.
    (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 part 119 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c). The determination required by paragraph (b)(5) of this section 
shall be made by that part 119 certificate holder

[[Page 748]]

operating the aircraft on which the particular device is to be used.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



Sec. 135.145  Aircraft proving and validation tests.

    (a) No certificate holder may operate an aircraft, other than a 
turbojet aircraft, for which two pilots are required by this chapter for 
operations under VFR, if it has not previously proved such an aircraft 
in operations under this part in at least 25 hours of proving tests 
acceptable to the Administrator including--
    (1) Five hours of night time, if night flights are to be authorized;
    (2) Five instrument approach procedures under simulated or actual 
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 operate a turbojet airplane if it has 
not previously proved a turbojet airplane in operations under this part 
in at least 25 hours of proving tests acceptable to the Administrator 
including--
    (1) Five hours of night time, if night flights are to be authorized;
    (2) Five instrument approach procedures under simulated or actual 
conditions, if IFR flights are to be authorized; and
    (3) Entry into a representative number of en route airports as 
determined by the Administrator.
    (c) 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.
    (d) Validation testing is required to determine that a certificate 
holder is capable of conducting operations safely and in compliance with 
applicable regulatory standards. Validation tests are required for the 
following authorizations:
    (1) The addition of an aircraft for which two pilots are required 
for operations under VFR or a turbojet airplane, if that aircraft or an 
aircraft of the same make or similar design has not been previously 
proved or validated in operations under this part.
    (2) Operations outside U.S. airspace.
    (3) Class II navigation authorizations.
    (4) Special performance or operational authorizations.
    (e) Validation tests must be accomplished by test methods acceptable 
to the Administrator. Actual flights may not be required when an 
applicant can demonstrate competence and compliance with appropriate 
regulations without conducting a flight.
    (f) Proving tests and validation tests may be conducted 
simultaneously when appropriate.
    (g) The Administrator may authorize deviations from this section if 
the Administrator finds that special circumstances make full compliance 
with this section unnecessary.

[Doc. No. FAA-2001-10047, 68 FR 54586, Sept. 17, 2003]



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]

[[Page 749]]



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--
    (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

[[Page 750]]

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) Except as provided in paragraph (k) of this section, no person 
may operate under this part a multi-engine, turbine-engine powered 
airplane or rotorcraft having a passenger seating configuration, 
excluding any required crewmember seat, of 10 to 19 seats, that was 
either brought onto the U.S. register after, or was registered outside 
the United States and added to the operator's U.S. operations 
specifications after, October 11, 1991, unless it is equipped with one 
or more approved flight recorders that use a digital method of recording 
and storing data and a method of readily retrieving that data from the 
storage medium. The parameters specified in either Appendix B or C of 
this part, as applicable must be recorded within the range, accuracy, 
resolution, and recording intervals as specified. The recorder shall 
retain no less than 25 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;

[[Page 751]]

    (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 
25 hours of the operating time specified in paragraph (c) of this 
section. In addition, each certificate holder shall keep the recorded 
data prescribed in paragraph (b) of this section for an airplane until 
the airplane has been operating for at least 25 hours, and for a 
rotorcraft until the rotorcraft has been operating for at least 10 
hours, of the operating time specified in paragraph (c) of this section. 
A total of 1 hour of recorded data may be erased for the purpose of 
testing the flight recorder or the flight recorder system. Any erasure 
made in accordance with this paragraph must be of the oldest recorded 
data accumulated at the time of testing. Except as provided in paragraph 
(c) of this section, no record need be kept more than 60 days.
    (e) In the event of an accident or occurrence that requires the 
immediate notification of the National Transportation Safety Board under 
49 CFR part 830 of its regulations and that results in termination of 
the flight, the certificate holder shall remove the recording media from 
the aircraft and keep the recorded data required by paragraphs (a) and 
(b) of this section for at least 60 days or for a longer period upon 
request of the Board or the Administrator.
    (f)(1) For airplanes manufactured on or before August 18, 2000, and 
all other aircraft, 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:
    (i) That are of the same type;
    (ii) On which the flight recorder models and their installations are 
the same; and
    (iii) On which there are no differences in the type designs 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.
    (f)(2) For airplanes manufactured after August 18, 2000, each flight 
data recorder system required by this section must be installed in 
accordance with the requirements of Sec. 23.1459 (a),

[[Page 752]]

(b), (d) and (e) of this chapter, or Sec. 25.1459 (a), (b), (d), and 
(e) of this chapter. A correlation must be established between the 
values recorded by the flight data recorder and the corresponding values 
being measured. The correlation must contain a sufficient number of 
correlation points to accurately establish the conversion from the 
recorded values to engineering units or discrete state over the full 
operating range of the parameter. Except for airplanes having separate 
altitude and airspeed sensors that are an integral part of the flight 
data recorder system, a single correlation may be established for any 
group of airplanes--
    (i) That are of the same type;
    (ii) On which the flight recorder system and its installation are 
the same; and
    (iii) On which there is no difference in the type design with 
respect to the installation of those sensors associated with the flight 
data recorder system. Documentation sufficient to convert recorded data 
into the engineering units and discrete values specified in the 
applicable appendix must be maintained 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.
    (h) The operational parameters required to be recorded by digital 
flight data recorders required by paragraphs (i) and (j) of this section 
are as follows, the phrase ``when an information source is installed'' 
following a parameter indicates that recording of that parameter is not 
intended to require a change in installed equipment.
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (h)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (h)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (h)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (h)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);

[[Page 753]]

    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in appendix F of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed;
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, control 
column, rudder pedal).
    (i) For all turbine-engine powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, manufactured after August 18, 2000--
    (1) The parameters listed in paragraphs (h)(1) through (h)(57) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix F of this 
part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system

[[Page 754]]

must be recorded within the ranges, accuracies, resolutions, and 
sampling intervals specified in Appendix F of this part.
    (j) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, that are manufactured after August 19, 2002 the 
parameters listed in paragraph (a)(1) through (a)(88) of this section 
must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix F of this part.
    (k) For aircraft manufactured before August 18, 1997, the following 
aircraft types need not comply with this section: Bell 212, Bell 214ST, 
Bell 412, Bell 412SP, Boeing Chinook (BV-234), Boeing/Kawasaki Vertol 
107 (BV/KV-107-II), deHavilland DHC-6, Eurocopter Puma 330J, Sikorsky 
58, Sikorsky 61N, Sikorsky 76A.

[Doc. No. 25530, 53 FR 26151, July 11, 1988, as amended by Amdt. 135-69, 
62 FR 38396, July 17, 1997; 62 FR 48135, Sept. 12, 1997; Amdt. 135-89, 
68 FR 42939, July 18, 2003]



Sec. 135.153  Ground proximity warning system.

    (a) No person may operate a turbine-powered airplane having a 
passenger seat configuration of 10 seats or more, excluding any pilot 
seat, unless it is equipped with an approved ground proximity warning 
system.
    (b) [Reserved]
    (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.
    (f) This section expires on March 29, 2005.

[Doc. No. 26202, 57 FR 9951, Mar. 20, 1992, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997; 
Amdt. 135-75, 65 FR 16755, Mar. 29, 2000]



Sec. 135.154  Terrain awareness and warning system.

    (a) Airplanes manufactured after March 29, 2002:
    (1) No person may operate a turbine-powered airplane configured with 
10 or more passenger seats, excluding any pilot seat, unless that 
airplane is equipped with an approved terrain awareness and warning 
system that meets the requirements for Class A equipment in Technical 
Standard Order (TSO)-C151. The airplane must also include an approved 
terrain situational awareness display.
    (2) No person may operate a turbine-powered airplane configured with 
6 to 9 passenger seats, excluding any pilot seat, unless that airplane 
is equipped with an approved terrain awareness and warning system that 
meets as a minimum the requirements for Class B equipment in Technical 
Standard Order (TSO)-C151.
    (b) Airplanes manufactured on or before March 29, 2002:
    (1) No person may operate a turbine-powered airplane configured with 
10 or more passenger seats, excluding any pilot seat, after March 29, 
2005, unless that airplane is equipped with an approved terrain 
awareness and warning system that meets the requirements for Class A 
equipment in Technical Standard Order (TSO)-C151. The airplane must also 
include an approved terrain situational awareness display.
    (2) No person may operate a turbine-powered airplane configured with 
6 to 9 passenger seats, excluding any pilot seat, after March 29, 2005, 
unless that airplane is equipped with an approved terrain awareness and 
warning system that meets as a minimum the requirements for Class B 
equipment in Technical Standard Order (TSO)-C151.

(Approved by the Office of Management and Budget under control number 
2120-0631)

    (c) Airplane Flight Manual. The Airplane Flight Manual shall contain 
appropriate procedures for--

[[Page 755]]

    (1) The use of the terrain awareness and warning system; and
    (2) Proper flight crew reaction in response to the terrain awareness 
and warning system audio and visual warnings.

[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]



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.



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

[[Page 756]]

    (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.
    (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:
    (1) Two independent electrical power generating sources each of 
which is able to supply all probable combinations of continuous inflight 
electrical

[[Page 757]]

loads for required instruments and equipment; or
    (2) In addition to the primary electrical power generating source, a 
standby battery or an alternate source of electric power that is capable 
of supplying 150% of the electrical loads of all required instruments 
and equipment necessary for safe emergency operation of the aircraft for 
at least one hour;
    (g) For multi-engine aircraft, at least two generators or 
alternators 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 
multi-engine 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 required gyroscopic instruments 
powered by, or to be powered by, that particular source 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 in all cargo operations only, 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 
multi-engine aircraft, each engine-driven source of energy must be on a 
different engine.
    (i) For the purpose of paragraph (f) of this section, a continuous 
inflight electrical load includes one that draws current continuously 
during flight, such as radio equipment, electrically driven instruments, 
and lights, but does not include occasional intermittent loads.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-70, 
62 FR 42374, Aug. 6, 1997; Amdt. 135-72, 63 FR 25573, May 8, 1998]



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:

[[Page 758]]

    (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) 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 aircraft in extended overwater 
operations unless it carries, installed in conspicuously marked 
locations easily accessible to the occupants if a ditching occurs, the 
following equipment:
    (1) An approved life preserver equipped with an approved survivor 
locator light for each occupant of the aircraft. The life preserver must 
be easily accessible to each seated occupant.
    (2) Enough approved liferafts of a rated capacity and buoyancy to 
accommodate the occupants of the aircraft.
    (b) Each liferaft required by paragraph (a) of this section must be 
equipped with or contain at least the following:
    (1) One approved survivor locator light.
    (2) One approved pyrotechnic signaling device.
    (3) Either--
    (i) One survival kit, appropriately equipped for the route to be 
flown; or
    (ii) One canopy (for sail, sunshade, or rain catcher);
    (iii) One radar reflector;
    (iv) One liferaft repair kit;
    (v) One bailing bucket;
    (vi) One signaling mirror;
    (vii) One police whistle;
    (viii) One raft knife;
    (ix) One CO2 bottle for emergency inflation;
    (x) One inflation pump;
    (xi) Two oars;
    (xii) One 75-foot retaining line;
    (xiii) One magnetic compass;
    (xiv) One dye marker;
    (xv) One flashlight having at least two size ``D'' cells or 
equivalent;
    (xvi) A 2-day supply of emergency food rations supplying at least 
1,000 calories per day for each person;
    (xvii) For each two persons the raft is rated to carry, two pints of 
water or one sea water desalting kit;
    (xviii) One fishing kit; and
    (xix) One book on survival appropriate for the area in which the 
aircraft is operated.
    (c) No person may operate an 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; Amdt. 135-91, 68 FR 54586, 
Sept. 17, 2003]



Sec. 135.168  Supplemental inspections.

    (a) Applicability. This section applies to each multiengine airplane 
operated by a certificate holder in scheduled operations under this 
part, except for those operations conducted between any point within the 
State of Alaska and any other point within the State of Alaska.
    (b) Multiengine airplanes with 10 or more passenger seats. After 
December 5,

[[Page 759]]

2007, a certificate holder may not operate, in scheduled operations 
under this part, a multiengine airplane initially type certificated with 
10 or more passenger seats unless the maintenance program for that 
airplane includes damage-tolerance-based inspections and procedures. 
Paragraphs (d), (e), and (f) of this section list the exceptions to this 
requirement.
    (c) Multiengine airplanes with nine or fewer passenger seats. After 
December 20, 2010, a certificate holder may not operate, in scheduled 
operations under this part, a multiengine airplane initially type 
certificated with nine or fewer passenger seats unless the inspection 
program for that airplane includes service-history-based inspections and 
procedures. Paragraph (e) of this section lists the exception to this 
requirement.
    (d) New model added through type certificate amendment. This 
paragraph applies to each U.S.-registered multiengine airplane initially 
type certificated with 10 or more passenger seats added to a type 
certificate after December 8, 2003, that has a certification basis that 
does not include a requirement for damage-tolerance-based inspections 
and procedures. A certificate holder may not operate that airplane, in 
scheduled operations, more than 4 years after the date of the type 
certificate amendment unless the maintenance program for that airplane 
includes damage-tolerance-based inspections and procedures.
    (e) Design-life goal airplanes. If on or after December 5, 2007, the 
time in service of the airplane reaches the design-life goal listed in 
appendix G to this part the certificate holder may operate that airplane 
in scheduled operations until the date the airplane's time in service 
reaches the design-life goal or until December 20, 2010, whichever 
occurs sooner. After that date, the certificate holder may not operate 
the airplane in scheduled operations unless it complies with paragraph 
(b) or paragraph (c) of this section.
    (f) Airworthiness directive-mandated service-history-based 
inspections. Until December 20, 2010, a certificate holder may operate 
an airplane for which an airworthiness directive requires the 
maintenance program to include service-history-based inspections and 
procedures. After that date, the certificate holder may not operate the 
airplane unless the maintenance program for that airplane includes 
damage-tolerance-based inspections and procedures.
    (g) Approvals. The inspections and procedures required by this 
section to be included in the certificate holder's maintenance program 
for an airplane must be approved by the FAA Aircraft Certification 
Office or office of the Small Aircraft Directorate or Transport Airplane 
Directorate having cognizance over the type certificate for the affected 
airplane.

[Doc. No. FAA-1999-5401, 67 FR 72764, Dec. 6, 2002]



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 Sec. Sec. 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

[[Page 760]]

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
    (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

[[Page 761]]

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, 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.
    (c) Thermal/acoustic insulation materials. For transport category 
airplanes type certificated after January 1, 1958:
    (1) For airplanes manufactured before September 2, 2005, when 
thermal/acoustic insulation materials are installed in the fuselage as 
replacements after September 2, 2005, those materials must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.
    (2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the 
flame propagation requirements of Sec. 25.856 of this chapter, 
effective September 2, 2003.

[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; Amdt. 135-90, 68 
FR 45084, July 31, 2003]



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

[[Page 762]]

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 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) At least one approved first-aid kit for treatment of injuries 
likely to occur in flight or in a minor accident that must:
    (i) Be readily accessible to crewmembers.
    (ii) Be stored securely and kept free from dust, moisture, and 
damaging temperatures.
    (iii) Contain at least the following appropriately maintained 
contents in the specified quantities:

[[Page 763]]



------------------------------------------------------------------------
                    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
Protective nonpermeable gloves or equivalent...  1 pair
------------------------------------------------------------------------

    (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 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; Amdt. 121-281, 66 FR 19045, Apr. 12, 2001]



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;

[[Page 764]]

    (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. 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

[[Page 765]]

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 
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

[[Page 766]]

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 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.

[[Page 767]]

    (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 Sec. Sec. 21.197 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; Amdt. 135-91, 68 
FR 54586, Sept. 17, 2003]



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 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
    (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, 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.
    (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

[[Page 768]]

    (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; Amdt. 135-70, 62 FR 42374, Aug. 6, 1997]



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
    (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

[[Page 769]]

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
    (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.

[[Page 770]]

    (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 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) Except to the extent permitted by paragraph (b) of this section, 
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) A pilot conducting an eligible on-demand operation may begin an 
instrument approach procedure to an airport that does not have a weather 
reporting facility operated by the U.S. National Weather Service, a 
source approved by the U.S. National Weather Service, or a

[[Page 771]]

source approved by the Administrator if--
    (1) The alternate airport has a weather reporting facility operated 
by the U.S. National Weather Service, a source approved by the U.S. 
National Weather Service, or a source approved by the Administrator; and
    (2) The latest weather report issued by the weather reporting 
facility includes a current local altimeter setting for the destination 
airport. If no local altimeter setting for the destination airport is 
available, the pilot may use the current altimeter setting provided by 
the facility designated on the approach chart for the destination 
airport.
    (c) If a pilot has begun the final approach segment of an instrument 
approach to an airport under paragraph (b) of this section, and the 
pilot receives a later weather report indicating that conditions have 
worsened to below the minimum requirements, then the pilot may continue 
the approach only if the requirements of Sec. 91.175(l) of this 
chapter, or both of the following conditions, are met--
    (1) The later weather report is received when the aircraft is in one 
of the following approach phases:
    (i) The aircraft is on an ILS final approach and has passed the 
final approach fix;
    (ii) The aircraft is on an ASR or PAR final approach and has been 
turned over to the final approach controller; or
    (iii) The aircraft is on a nonprecision final approach and the 
aircraft--
    (A) Has passed the appropriate facility or final approach fix; or
    (B) Where a final approach fix is not specified, has completed the 
procedure turn and is established inbound toward the airport on the 
final approach course within the distance prescribed in the procedure; 
and
    (2) The pilot in command finds, on reaching the authorized MDA or 
DH, that the actual weather conditions are at or above the minimums 
prescribed for the procedure being used.
    (d) If a pilot has begun the final approach segment of an instrument 
approach to an airport under paragraph (c) of this section and a later 
weather report indicating below minimum conditions is received after the 
aircraft is--
    (1) On an ILS final approach and has passed the final approach fix; 
or
    (2) On an ASR or PAR final approach and has been turned over to the 
final approach controller; or
    (3) On a final approach using a VOR, NDB, or comparable approach 
procedure; and the aircraft--
    (i) Has passed the appropriate facility or final approach fix; or
    (ii) Where a final approach fix is not specified, has completed the 
procedure turn and is established inbound toward the airport on the 
final approach course within the distance prescribed in the procedure; 
the approach may be continued and a landing made if the pilot finds, 
upon reaching the authorized MDA or DH, that actual weather conditions 
are at least equal to the minimums prescribed for the procedure.
    (e) 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.
    (f) 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.
    (g) 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.

[[Page 772]]

    (h) Except as provided in paragraph (i) 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.
    (i) 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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-91, 
68 FR 54586, Sept. 17, 2003; Amdt. 135-93, 69 FR 1641, Jan. 9, 2004]



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 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

[[Page 773]]

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--
    (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

[[Page 774]]

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]



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

[[Page 775]]

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.
    (3) Paragraph (a)(2) of this section does not apply to a pilot in 
command of a turbine-powered airplane that is type certificated for more 
than one pilot crewmember, provided that pilot has complied with the 
requirements of paragraph (a)(3)(i) or (ii) of this section:
    (i) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:
    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight experience of paragraph (a) of this section, as 
the sole manipulator of the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) That pilot has accomplished and logged at least 3 takeoffs and 3 
landings to a full stop, as the sole manipulator of the flight controls, 
in a turbine-powered airplane that requires more than one pilot 
crewmember. The pilot must have performed the takeoffs and landings 
during the period beginning 1 hour after sunset and ending 1 hour before 
sunrise within the preceding 6 months prior to the month of the flight.
    (ii) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:

[[Page 776]]

    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight experience of paragraph (a) of this section, as 
the sole manipulator of the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) Within the preceding 12 months prior to the month of the flight, 
the pilot must have completed a training program that is approved under 
part 142 of this chapter. The approved training program must have 
required and the pilot must have performed, at least 6 takeoffs and 6 
landings to a full stop as the sole manipulator of the controls in a 
flight simulator that is representative of a turbine-powered airplane 
that requires more than one pilot crewmember. The flight simulator's 
visual system must have been adjusted to represent the period beginning 
1 hour after sunset and ending 1 hour before sunrise.
    (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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-91, 
68 FR 54587, Sept. 17, 2003]



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 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) Except as provided in paragraph (c) of this section, no 
certificate holder or operator may use any contractor to perform a 
function listed in appendix I 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.
    (c) If a certificate holder conducts an on-demand operation into an 
airport at which no maintenance providers are available that are subject 
to the requirements of appendix I to part 121 and emergency maintenance 
is required, the certificate holder may use persons not meeting the 
requirements of paragraph (b) of this section to provide such emergency 
maintenance under both of the following conditions:
    (1) The certificate holder must give written notification of the 
emergency maintenance to the Drug Abatement Program Division, AAM-800, 
800 Independence Avenue, Washington, DC, 20591, within 10 days after 
being provided same in accordance with this

[[Page 777]]

paragraph. A certificate holder must retain copies of all such written 
notifications for two years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (b) of this section when the aircraft 
is next at an airport where such maintenance personnel are available.
    (d) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.

[Doc. No. 25148, 53 FR 47061, Nov. 21, 1988, as amended by Amdt. No. 
135-91, 68 FR 54587, Sept. 17, 2003]



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, 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) Except as provided in paragraph (c) of this section, no 
certificate holder or operator may use any person who meets the 
definition of ``covered employee'' in appendix J to part 121 of this 
chapter 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.
    (c) If a certificate holder conducts an on-demand operation into an 
airport at which no maintenance providers are available that are subject 
to the requirements of appendix J to part 121 of

[[Page 778]]

this chapter and emergency maintenance is required, the certificate 
holder may use persons not meeting the requirements of paragraph (b) of 
this section to provide such emergency maintenance under both of the 
following conditions:
    (1) The certificate holder must give written notification of the 
emergency maintenance to the Drug Abatement Program Division, AAM-800, 
800 Independence Avenue, Washington, DC, 20591, within 10 days after 
being provided same in accordance with this paragraph. A certificate 
holder must retain copies of all such written notifications for two 
years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (b) of this section when the aircraft 
is next at an airport where such maintenance personnel are available.
    (d) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled, and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.

[Amdt. 135-48, 59 FR 7397, Feb. 15, 1994, as amended by Amdt. No. 135-
91, 68 FR 54587, Sept. 17, 2003]



 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 Sec. Sec. 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

[[Page 779]]

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.



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

[[Page 780]]

rest period of at least 10 consecutive hours of rest;
    (2) If flight time is assigned during this period, that total flight 
time when added to any other commercial flying by the flight crewmember 
may not exceed--
    (i) 8 hours for a flight crew consisting of one pilot; or
    (ii) 10 hours for a flight crew consisting of two pilots; and
    (3) If the combined duty and rest periods equal 24 hours.
    (d) Each assignment under paragraph (b) of this section must provide 
for at least 10 consecutive hours of rest during the 24-hour period that 
precedes the planned completion time of the assignment.
    (e) When a flight crewmember has exceeded the daily flight time 
limitations in this section, because of circumstances beyond the control 
of the certificate holder or flight crewmember (such as adverse weather 
conditions), that flight crewmember must have a rest period before being 
assigned or accepting an assignment for flight time of at least--
    (1) 11 consecutive hours of rest if the flight time limitation is 
exceeded by not more than 30 minutes;
    (2) 12 consecutive hours of rest if the flight time limitation is 
exceeded by more than 30 minutes, but not more than 60 minutes; and
    (3) 16 consecutive hours of rest if the flight time limitation is 
exceeded by more than 60 minutes.
    (f) The certificate holder must provide each flight crewmember at 
least 13 rest periods of at least 24 consecutive hours each in each 
calendar quarter.

[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 Sec. Sec. 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.

[[Page 781]]



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.
    (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

[[Page 782]]

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 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

[[Page 783]]

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 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. Sec. 135.337 and 135.339 
to conduct 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, as amended by Amdt. 135-91, 
68 FR 54587, Sept. 17, 2003]



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

[[Page 784]]

balance limitations for takeoff, landing and en route operations;
    (4) Navigation and use of air navigation aids appropriate to the 
operation or pilot authorization, including, when applicable, instrument 
approach facilities and procedures;
    (5) Air traffic control procedures, including IFR procedures when 
applicable;
    (6) Meteorology in general, including the principles of frontal 
systems, icing, fog, thunderstorms, and windshear, and, if appropriate 
for the operation of the certificate holder, high altitude weather;
    (7) Procedures for--
    (i) Recognizing and avoiding severe weather situations;
    (ii) Escaping from severe weather situations, in case of inadvertent 
encounters, including low-altitude windshear (except that rotorcraft 
pilots are not required to be tested on escaping from low-altitude 
windshear); and
    (iii) Operating in or near thunderstorms (including best penetrating 
altitudes), turbulent air (including clear air turbulence), icing, hail, 
and other potentially hazardous meteorological conditions; and
    (8) New equipment, procedures, or techniques, as appropriate.
    (b) No certificate holder may use a pilot, nor may any person serve 
as a pilot, in any aircraft unless, since the beginning of the 12th 
calendar month before that service, that pilot has passed a competency 
check given by the Administrator or an authorized check pilot in that 
class of aircraft, if single-engine airplane other than turbojet, or 
that type of aircraft, if helicopter, multiengine airplane, or turbojet 
airplane, to determine the pilot's competence in practical skills and 
techniques in that aircraft or class of aircraft. The extent of the 
competency check shall be determined by the Administrator or authorized 
check pilot conducting the competency check. The competency check may 
include any of the maneuvers and procedures currently required for the 
original issuance of the particular pilot certificate required for the 
operations authorized and appropriate to the category, class and type of 
aircraft involved. For the purposes of this paragraph, type, as to an 
airplane, means any one of a group of airplanes determined by the 
Administrator to have a similar means of propulsion, the same 
manufacturer, and no significantly different handling or flight 
characteristics. For the purposes of this paragraph, type, as to a 
helicopter, means a basic make and model.
    (c) The instrument proficiency check required by 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

[[Page 785]]

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. 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

[[Page 786]]

flight check during each period described in paragraph (a) of this 
section. Portions of a required flight check may be given in an aircraft 
simulator or other appropriate training device, if approved by the 
Administrator.
    (g) If the pilot in command is authorized to use an autopilot system 
in place of a second in command, that pilot must show, during the 
required instrument proficiency check, that the pilot is able (without a 
second in command) both with and without using the autopilot to--
    (1) Conduct instrument operations competently; and
    (2) Properly conduct air-ground communications and comply with 
complex air traffic control instructions.
    (3) Each pilot taking the autopilot check must show that, while 
using the autopilot, the airplane can be operated as proficiently as it 
would be if a second in command were present to handle air-ground 
communications and air traffic control instructions. The autopilot check 
need only be demonstrated once every 12 calendar months during the 
instrument proficiency check required under paragraph (a) of this 
section.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-15, 
46 FR 30971, June 11, 1981]



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;

[[Page 787]]

    (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.
    (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 conducts 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; Amdt. 135-91, 68 FR 54588, Sept. 17, 2003]



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

[[Page 788]]

that training or check. That certification shall be made a part of the 
crewmember's record. When the certification required by this paragraph 
is made by an entry in a computerized recordkeeping system, the 
certifying instructor, supervisor, or check airman, must be identified 
with that entry. However, the signature of the certifying instructor, 
supervisor, or check airman, is not required for computerized entries.
    (d) Training subjects that apply to more than one aircraft or 
crewmember position and that have been satisfactorily completed during 
previous training while employed by the certificate holder for another 
aircraft or another crewmember position, need not be repeated during 
subsequent training other than recurrent training.
    (e) Aircraft simulators and other training devices may be used in 
the certificate holder's training program if approved by the 
Administrator.



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 conduct 
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 conduct 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 Sec. Sec. 135.337 through 135.340 to provide 
training, testing, and checking to persons subject to the requirements 
of this subpart.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 135-67, 
62 FR 13791, Mar. 21, 1997; Amdt. 135-91, 68 FR 54588, Sept. 17, 2003]



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

[[Page 789]]

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 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 Sec. Sec. 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 Sec. Sec. 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;

[[Page 790]]

    (iii) Ditching and evacuation;
    (iv) Illness, injury, or other abnormal situations involving 
passengers or crewmembers; and
    (v) Hijacking and other unusual situations.
    (4) Review of the certificate holder's previous aircraft accidents 
and incidents involving actual emergency situations.
    (c) Each crewmember must perform at least the following emergency 
drills, using the proper emergency equipment and procedures, unless the 
Administrator finds that, for a particular drill, the crewmember can be 
adequately trained by demonstration:
    (1) Ditching, if applicable.
    (2) Emergency evacuation.
    (3) Fire extinguishing and smoke control.
    (4) Operation and use of emergency exits, including deployment and 
use of evacuation chutes, if applicable.
    (5) Use of crew and passenger oxygen.
    (6) Removal of life rafts from the aircraft, inflation of the life 
rafts, use of life lines, and boarding of passengers and crew, if 
applicable.
    (7) Donning and inflation of life vests and the use of other 
individual flotation devices, if applicable.
    (d) Crewmembers who serve in operations above 25,000 feet must 
receive instruction in the following:
    (1) Respiration.
    (2) Hypoxia.
    (3) Duration of consciousness without supplemental oxygen at 
altitude.
    (4) Gas expansion.
    (5) Gas bubble formation.
    (6) Physical phenomena and incidents of decompression.



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--

[[Page 791]]

    (i) Approved for the type aircraft and, if applicable, the 
particular variation within type for which the training or check is 
being conducted; and
    (ii) Modified to conform with any modification to the aircraft being 
simulated that changes the performance, functional, or other 
characteristics required for approval.
    (c) A particular aircraft simulator or other training device may be 
used by more than one certificate holder.
    (d) In granting initial and final approval of training programs or 
revisions to them, the Administrator considers the training devices, 
methods and procedures listed in the certificate holder's curriculum 
under 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 Sec. 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 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--

[[Page 792]]

    (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.
    (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 March 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

[[Page 793]]

    (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 in the calendar 
month after, the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996; 62 FR 3739, Jan. 24, 1997]



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 March 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; 62 FR 3739, Jan. 24, 1997]

[[Page 794]]



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
    (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 March 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; 
62 FR 3739, Jan. 24, 1997]



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

[[Page 795]]

establish and maintain an approved pilot training program, and each 
certificate holder who uses a flight attendant crewmember shall 
establish and maintain an approved flight attendant training program, 
that is appropriate to the operations to which each pilot and flight 
attend- ant is to be assigned, and will ensure that they are adequately 
trained to meet the applicable knowledge and practical testing 
requirements of Sec. Sec. 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;

[[Page 796]]

    (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 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.

[[Page 797]]



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.
    (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 Sec. Sec. 135.365 
through 135.377.

[[Page 798]]

    (b) Each certificate holder operating a turbine engine powered large 
transport category airplane shall comply with Sec. Sec. 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 Sec. Sec. 135.365 through 135.377.
    (c) Each certificate holder operating a large nontransport category 
airplane shall comply with Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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

[[Page 799]]

category airplane may take off that airplane unless it is possible--
    (1) To stop the airplane safely on the runway, as shown by the 
accelerate-stop distance data, at any time during takeoff until reaching 
critical-engine failure speed;
    (2) If the critical engine fails at any time after the airplane 
reaches critical-engine failure speed V1, to continue the 
takeoff and reach a height of 50 feet, as indicated by the takeoff path 
data, before passing over the end of the runway; and
    (3) To clear all obstacles either by at least 50 feet vertically (as 
shown by the takeoff path data) or 200 feet horizontally within the 
airport boundaries and 300 feet horizontally beyond the boundaries, 
without banking before reaching a height of 50 feet (as shown by the 
takeoff path data) and after that without banking more than 15 degrees.
    (b) In applying this section, corrections must be made for any 
runway gradient. To allow for wind effect, takeoff data based on still 
air may be corrected by taking into account not more than 50 percent of 
any reported headwind component and not less than 150 percent of any 
reported tailwind component.



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

[[Page 800]]

will be able to proceed to a predetermined alternate airport by use of 
this procedure. In determining the takeoff weight, the airplane is 
assumed to pass over the critical obstruction following engine failure 
at a point no closer to the critical obstruction than the nearest 
approved radio navigational fix, unless the Administrator approves a 
procedure established on a different basis upon finding that adequate 
operational safeguards exist.
    (3) The airplane must meet the provisions of paragraph (a) of this 
section at 1,000 feet above the airport used as an alternate in this 
procedure.
    (4) The procedure must include an approved method of accounting for 
winds and temperatures that would otherwise adversely affect the flight 
path.
    (5) In complying with this procedure, fuel jettisoning is allowed if 
the certificate holder shows that it has an adequate training program, 
that proper instructions are given to the flight crew, and all other 
precautions are taken to ensure a safe procedure.
    (6) The certificate holder and the pilot in command shall jointly 
elect an alternate airport for which the appropriate weather reports or 
forecasts, or any combination of them, indicate that weather conditions 
will be at or above the alternate weather minimum specified in the 
certificate holder's operations specifications for that airport when the 
flight arrives.



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:

[[Page 801]]

    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction (forecast for the expected time 
of arrival), the ground handling characteristics of the type of 
airplane, and other conditions such as landing aids and terrain, and 
allowing for the effect of the landing path and roll of not more than 50 
percent of the headwind component or not less than 150 percent of the 
tailwind component.
    (b) An airplane that would be prohibited from being taken off 
because it could not meet paragraph (a)(2) of this section may be taken 
off if an alternate airport is selected that meets all of this section 
except that the airplane can accomplish a full stop landing within 70 
percent of the effective length of the runway.



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, the ambient temperature and wind component at 
the time of takeoff, and, if operating limitations exist for the minimum 
distances required for takeoff from wet runways,

[[Page 802]]

the runway surface condition (dry or wet). Wet runway distances 
associated with grooved or porous friction course runways, if provided 
in the Airplane Flight Manual, may be used only for runways that are 
grooved or treated with a porous friction course (PFC) overlay, and that 
the operator determines are designed, constructed, and maintained in a 
manner acceptable to the Administrator.
    (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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-71, 
63 FR 8321, Feb. 18, 1998]



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

[[Page 803]]

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 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.

[[Page 804]]



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), (e), or (f) 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 
expected there at the time of landing), would allow a full stop landing 
at the intended destination airport within 60 percent of the effective 
length of each runway described below from a point 50 feet above the 
intersection of the obstruction clearance plane and the runway. For the 
purpose of determining the allowable landing weight at the destination 
airport the following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction, in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction and the ground handling 
characteristics of the airplane, and considering other conditions such 
as landing aids and terrain.
    (c) A turbopropeller powered airplane that would be prohibited from 
being taken off because it could not meet paragraph (b)(2) of this 
section, may be taken off if an alternate airport is selected that meets 
all of this section except that the airplane can accomplish a full stop 
landing within 70 percent of the effective length of the runway.
    (d) Unless, based on a showing of actual operating landing 
techniques on wet runways, a shorter landing distance (but never less 
than that required by paragraph (b) of this section) has been approved 
for a specific type and model airplane and included in the Airplane 
Flight Manual, no person may take off a turbojet airplane when the 
appropriate weather reports or forecasts, or any combination of them, 
indicate that the runways at the destination airport may be wet or 
slippery at the estimated time of arrival unless the effective runway 
length at the destination airport is at least 115 percent of the runway 
length required under paragraph (b) of this section.
    (e) A turbojet airplane that would be prohibited from being taken 
off because it could not meet paragraph (b)(2) of this section may be 
taken off if an alternate airport is selected that meets all of 
paragraph (b) of this section.
    (f) An eligible on-demand operator may take off a turbine engine 
powered large transport category airplane on an on-demand flight if all 
of the following conditions exist:
    (1) The operation is permitted by an approved Destination Airport 
Analysis in that person's operations manual.
    (2) The airplane's 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 expected there at the time 
of landing), would allow a full stop landing at the intended destination 
airport within 80 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:
    (i) The airplane is landed on the most favorable runway and in the 
most favorable direction, in still air.
    (ii) 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.

[[Page 805]]

    (3) The operation is authorized by operations specifications.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-91, 
68 FR 54588, Sept. 17, 2003]



Sec. 135.387  Large transport category airplanes: Turbine engine 
powered: Landing limitations: Alternate airports.

    (a) Except as provided in paragraph (b) of this section, 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 expected 
at the time of arrival, can be brought to a full stop landing within 70 
percent of the effective length of the runway for turbo-propeller-
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.
    (b) Eligible on-demand operators may select an airport as an 
alternate airport for a turbine engine powered large transport category 
airplane if (based on the assumptions in Sec. 135.385(f)) that 
airplane, at the weight expected at the time of arrival, can be brought 
to a full stop landing within 80 percent of the effective length of the 
runway from a point 50 feet above the intersection of the obstruction 
clearance plane and the runway.

[Doc. No. FAA-2001-10047, 68 FR 54588, Sept. 17, 2003]



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 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.

[[Page 806]]

    (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.



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 Sec. Sec. 
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 Sec. Sec. 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 Sec. Sec. 
135.385 and 135.387 of this part. For purposes of this

[[Page 807]]

paragraph, Sec. Sec. 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 Sec. Sec. 135.385 and 135.387 of this part. 
For purposes of this paragraph, Sec. Sec. 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 Sec. Sec. 135.415, 
135.416, 135.417, 135.421 and 135.423. 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 more, shall be 
maintained under a maintenance program in Sec. Sec. 135.415, 135.416, 
135.417, 135.422, and 135.424 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.
    (c) Single engine aircraft used in passenger-carrying IFR operations 
shall also be maintained in accordance with Sec. 135.421 (c), (d), and 
(e).

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-70, 
62 FR 42374, Aug. 6, 1997; Amdt. 135-78, 65 FR 60556, Oct. 11, 2000; 
Amdt. 135-92, 68 FR 69308, Dec. 12, 2003]



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

[[Page 808]]

    (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 
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,

[[Page 809]]

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.

    Effective Date Note: By Amdt. 135-77, 65 FR 56204, Sept. 15, 2000, 
Sec. 135.415 was amended by revising the section heading and paragraphs 
(a), (c), (d), (e), and (f); redesignating paragraphs (g) and (h) as 
paragraphs (h) and (i) respectively; revising newly redesignated 
paragraph (i); and by adding a new paragraph (g), effective Jan. 16, 
2001. At 65 FR 80743, Dec. 22, 2000, the effective date was delayed 
until July 16, 2001. At 66 FR 21626, the effective date was delayed 
until Jan. 16, 2002. At 66 FR 58912, Nov. 23, 2001, the effective date 
was delayed until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the 
effective date was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 
2003, the effective date was delayed until Jan. 30, 2006. For the 
convenience of the user, the added and revised text is set forth as 
follows:

Sec. 135.415  Service difficulty reports (operational).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect concerning--
    (1) Any fire and, when monitored by a related fire-warning system, 
whether the fire-warning system functioned properly;
    (2) Any false warning of fire or smoke;
    (3) An engine exhaust system that causes damage to the engine, 
adjacent structure, equipment, or components;
    (4) An aircraft component that causes the accumulation or 
circulation of smoke, vapor, or toxic or noxious fumes;
    (5) Any engine flameout or shutdown during flight or ground 
operations;
    (6) A propeller feathering system or ability of the system to 
control overspeed;
    (7) A fuel or fuel-dumping system that affects fuel flow or causes 
hazardous leakage;
    (8) A landing gear extension or retraction, or the opening or 
closing of landing gear doors during flight;
    (9) Any brake system component that results in any detectable loss 
of brake actuating force when the aircraft is in motion on the ground;
    (10) Any aircraft component or system that results in a rejected 
takeoff after initiation of the takeoff roll or the taking of emergency 
action, as defined by the Aircraft Flight Manual or Pilot's Operating 
Handbook;
    (11) Any emergency evacuation system or component including any exit 
door, passenger emergency evacuation lighting system, or evacuation 
equipment found to be defective, or that fails to perform the intended 
function during an actual emergency or during training, testing, 
maintenance, demonstrations, or inadvertent deployments; and
    (12) Autothrottle, autoflight, or flight control systems or 
components of these systems.

                                * * * * *

    (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, system, component, or powerplant 
that occurs or is detected at any time if that failure, malfunction, or 
defect has endangered or may endanger the safe operation of an aircraft.
    (d) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. For aircraft operating in 
areas where mail is not collected, reports may be submitted within 24 
hours after the aircraft returns to a point where the mail is collected. 
Each certificate holder also shall make the report data available for 30 
days for examination by the certificate-holding

[[Page 810]]

district office in a form and manner acceptable to the Administrator.
    (e) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, and serial number of the aircraft, 
engine, or propeller;
    (2) The registration number of the aircraft;
    (3) The operator designator;
    (4) The date on which the failure, malfunction, or defect was 
discovered;
    (5) The stage of flight or ground operation during which the 
failure, malfunction, or defect was discovered;
    (6) The nature of the failure, malfunction, or defect;
    (7) The applicable Joint Aircraft System/Component Code;
    (8) The total cycles, if applicable, and total time of the aircraft, 
aircraft engine, propeller, or component;
    (9) The manufacturer, manufacturer part number, part name, serial 
number, and location of the component that failed, malfunctioned, or was 
defective, if applicable;
    (10) The manufacturer, manufacturer part number, part name, serial 
number, and location of the part that failed, malfunctioned, or was 
defective, if applicable;
    (11) The precautionary or emergency action taken;
    (12) Other information necessary for more complete analysis of the 
cause of the failure, malfunction, or defect, including available 
information pertaining to type designation of the major component and 
the time since the last maintenance overhaul, repair, or inspection; and
    (13) A unique control number for the occurrence, in a form 
acceptable to the Administrator.
    (f) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a 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 that certificate holder 
under Sec. 21.3 of this chapter or under the accident reporting 
provisions of 49 CFR part 830.
    (g) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by a part 135 certificate holder. However, the part 
135 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 135 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (h) No person may withhold a report required by this section 
although all information required by this section is not available.
    (i) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.



Sec. 135.416  Service difficulty reports (structural).

    (a) Each certificate holder shall report the occurrence or detection 
of each failure or defect related to--
    (1) Corrosion, cracks, or disbonding that requires replacement of 
the affected part;
    (2) Corrosion, cracks, or disbonding that requires rework or 
blendout because the corrosion, cracks, or disbonding exceeds the 
manufacturer's established allowable damage limits;
    (3) Cracks, fractures, or disbonding in a composite structure that 
the equipment manufacturer has designated as a primary structure or a 
principal structural element; or
    (4) Repairs made in accordance with approved data not contained in 
the manufacturer's maintenance manual.
    (b) In addition to the reports required by paragraph (a) of this 
section, each certificate holder shall report any other failure or 
defect in aircraft structure that occurs or is detected at any time if 
that failure or defect has endangered or may endanger the safe operation 
of an aircraft.
    (c) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to a 
centralized collection point as specified by the Administrator. Each 
report of occurrences during a 24-hour period shall be submitted to the 
FAA within the next 96 hours. However, a report due on Saturday or 
Sunday may be submitted on the following Monday, and a report due on a 
holiday may be submitted on the next workday. For aircraft operating in 
areas where mail is not collected, reports may be submitted within 24 
hours after the aircraft returns to a point

[[Page 811]]

where the mail is collected. Each certificate holder also shall make the 
report data available for 30 days for examination by the certificate-
holding district office in a form and manner acceptable to the 
Administrator.
    (d) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) The manufacturer, model, serial number, and registration number 
of the aircraft;
    (2) The operator designator;
    (3) The date on which the failure or defect was discovered;
    (4) The stage of ground operation during which the failure or defect 
was discovered;
    (5) The part name, part condition, and location of the failure or 
defect;
    (6) The applicable Joint Aircraft System/Component Code;
    (7) The total cycles, if applicable, and total time of the aircraft;
    (8) Other information necessary for a more complete analysis of the 
cause of the failure or defect, including corrosion classification, if 
applicable, or crack length and available information pertaining to type 
designation of the major component and the time since the last 
maintenance overhaul, repair, or inspection; and
    (9) A unique control number for the occurrence, in a form acceptable 
to the Administrator.
    (e) A certificate holder that also is the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order authorization, or 
that is a licensee of a Type Certificate holder, need not report a 
failure or defect under this section if the failure or defect has been 
reported by that certificate holder under Sec. 21.3 of this chapter or 
under the accident reporting provisions of 49 CFR part 830.
    (f) A report required by this section may be submitted by a 
certificated repair station when the reporting task has been assigned to 
that repair station by the part 135 certificate holder. However, the 
part 135 certificate holder remains primarily responsible for ensuring 
compliance with the provisions of this section. The part 135 certificate 
holder shall receive a copy of each report submitted by the repair 
station.
    (g) No person may withhold a report required by this section 
although all information required by this section is not available.
    (h) When a certificate holder gets supplemental information to 
complete the report required by this section, the certificate holder 
shall expeditiously submit that information as a supplement to the 
original report and use the unique control number from the original 
report.

    Effective Date Note: By Amdt. 135-77, 65 FR 56205, Sept. 15, 2000, 
Sec. 135.416 was added, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002. At 66 FR 58912, Nov. 23, 2001, the effective date was delayed 
until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date 
was delayed until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the 
effective date was delayed until Jan. 30, 2006.



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]

    Effective Date Note: By Amdt. 135-77, 65 FR 56206, Sept. 15, 2000, 
Sec. 135.417 was revised, effective Jan. 16, 2001. At 65 FR 80743, Dec. 
22, 2000, the effective date was delayed until July 16, 2001. At 66 FR 
21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 
2002.

[[Page 812]]

At 66 FR 58912, Nov. 23, 2001, the effective date was delayed until Jan. 
16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date was delayed 
until Jan. 16, 2004. At 68 FR 75116, Dec. 30, 2003, the effective date 
was delayed until Jan. 30, 2006. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 135.417  Mechanical interruption summary report.

    Each certificate holder shall submit to the Administrator, before 
the end of the 10th day of the following month, a summary report for the 
previous month of each interruption to a flight, unscheduled change of 
aircraft en route, unscheduled stop or diversion from a route, or 
unscheduled engine removal caused by known or suspected mechanical 
difficulties or malfunctions that are not required to be reported under 
Sec. 135.415 or Sec. 135.416 of this part.



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 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

[[Page 813]]

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.
    (c) For each single engine aircraft to be used in passenger-carrying 
IFR operations, each certificate holder must incorporate into its 
maintenance program either:
    (1) The manufacturer's recommended engine trend monitoring program, 
which includes an oil analysis, if appropriate, or
    (2) An FAA approved engine trend monitoring program that includes an 
oil analysis at each 100 hour interval or at the manufacturer's 
suggested interval, whichever is more frequent.
    (d) For single engine aircraft to be used in passenger-carrying IFR 
operations, written maintenance instructions containing the methods, 
techniques, and practices necessary to maintain the equipment specified 
in Sec. Sec. 135.105, and 135.163 (f) and (h) are required.
    (e) No certificate holder may operate a single engine aircraft under 
IFR, carrying passengers, unless the certificate holder records and 
maintains in the engine maintenance records the results of each test, 
observation, and inspection required by the applicable engine trend 
monitoring program specified in (c) (1) and (2) of this section.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-70, 
62 FR 42374, Aug. 6, 1997]



Sec. 135.422  Aging airplane inspections and records reviews for 
multiengine airplanes certificated with 10 or more passenger seats.

    (a) Applicability. This section applies to multiengine airplanes 
with 10 or more passenger seats operated by a certificate holder in 
scheduled operations under this part, except for those airplanes 
operated by a certificate holder between any point within the State of 
Alaska and any other point within the State of Alaska.
    (b) Operation after inspections and records review. After the dates 
specified in this paragraph, a certificate holder may not operate a 
multiengine airplane in scheduled operations under this part unless the 
Administrator has notified the certificate holder that the Administrator 
has completed the aging airplane inspection and records review required 
by this section. During the inspection and records review, the 
certificate holder must demonstrate to the Administrator that the 
maintenance of age-sensitive parts and components of the airplane has 
been adequate and timely enough to ensure the highest degree of safety.
    (1) Airplanes exceeding 24 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has exceeded 24 years in service on December 8, 2003, no later than 
December 5, 2007, and thereafter at intervals not to exceed 7 years.
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records reviews. For an airplane that has exceeded 14 years in service, 
but not 24 years in service, on December 8, 2003, no later than December 
4, 2008, and thereafter at intervals not to exceed 7 years.
    (3) Airplanes not exceeding 14 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has not exceeded 14 years in service on December 8, 2003, no later 
than 5 years after the start of the airplane's 15th year in service and 
thereafter at intervals not to exceed 7 years.
    (c) Unforeseen schedule conflict. In the event of an unforeseen 
scheduling conflict for a specific airplane, the Administrator may 
approve an extension of up to 90 days beyond an interval specified in 
paragraph (c) of this section.
    (d) Airplane and records availability. The certificate holder must 
make available to the Administrator each airplane for which a inspection 
and records review is required under this section, in a condition for 
inspection specified by the Administrator, together with the records 
containing the following information:
    (1) Total years in service of the airplane;

[[Page 814]]

    (2) Total flight hours of the airframe;
    (3) Total flight cycles of the airframe;
    (4) Date of the last inspection and records review required by this 
section;
    (5) Current status of life-limited parts of the airframe;
    (6) Time since the last overhaul of all structural components 
required to be overhauled on a specific time basis;
    (7) Current inspection status of the airplane, including the time 
since the last inspection required by the inspection program under which 
the airplane is maintained;
    (8) Current status of the following, including the method of 
compliance:
    (i) Airworthiness directives;
    (ii) Corrosion Prevention and Control Programs; and
    (iii) Inspections and procedures required by Sec. 135.168 of this 
part;
    (9) A list of major structural alterations; and
    (10) A report of major structural repairs and the current inspection 
status for those repairs.
    (e) Notification to Administrator. Each certificate holder must 
notify the Administrator at least 60 days before the date on which the 
airplane and airplane records will be made available for the inspection 
and records review.

[Doc. No. FAA-1999-5401, 67 FR 72765, Dec. 6, 2002]



Sec. 135.423  Aging airplane inspections and records reviews for 
multiengine airplanes certificated with nine or fewer passenger seats.

    (a) Applicability. This section applies to multiengine airplanes 
certificated with nine or fewer passenger seats operated by a 
certificate holder in scheduled operations under this part, except for 
those airplanes operated by a certificate holder between any point 
within the State of Alaska and any other point within the State of 
Alaska.
    (b) Operation after inspections and records review. After the dates 
specified in this paragraph, a certificate holder may not operate a 
multiengine airplane in scheduled operations under this part unless the 
Administrator has notified the certificate holder that the Administrator 
has completed the aging airplane inspection and records review required 
by this section. During the inspection and records review, the 
certificate holder must demonstrate to the Administrator that the 
maintenance of age-sensitive parts and components of the airplane has 
been adequate and timely enough to ensure the highest degree of safety.
    (1) Airplanes exceeding 24 years of service in service on December 
8, 2003; initial and repetitive inspections and records reviews. For an 
airplane that has exceeded 24 years in service on December 8, 2003, no 
later than December 5, 2007, and thereafter at intervals not to exceed 7 
years.
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records review. For an airplane that has exceeded 14 years in service, 
but not 24 years in service, on December 8, 2003, no later than December 
4, 2008, and thereafter at intervals not to exceed 7 years.
    (3) Airplanes not exceeding 14 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has not exceeded 14 years in service on December 8, 2003, no later 
than 5 years after the start of the airplane's 15th year in service and 
thereafter at intervals not to exceed 7 years.
    (c) Unforeseen schedule conflict. In the event of an unforeseen 
scheduling conflict for a specific airplane, the Administrator may 
approve an extension of up to 90 days beyond an interval specified in 
paragraph (c) of this section.
    (d) Airplane and records availability. The certificate holder must 
make available to the Administrator each airplane for which an 
inspection and records review is required under this section, in a 
condition for inspection specified by the Administrator, together with 
the records containing the following information:
    (1) Total years in service of the airplane;
    (2) Total flight hours of the airframe;
    (3) Date of the last inspection and records review required by this 
section;
    (4) Current status of life-limited parts of the airframe;
    (5) Time since the last overhaul of all structural components 
required to be overhauled on a specific time basis;

[[Page 815]]

    (6) Current inspection status of the airplane, including the time 
since the last inspection required by the inspection program under which 
the airplane is maintained;
    (7) Current status of the following, including the method of 
compliance:
    (i) Airworthiness directives;
    (ii) Corrosion Prevention and Control Programs; and
    (iii) Inspections and procedures required by Sec. 135.168 of this 
part;
    (8) A list of major structural alterations; and
    (9) A report of major structural repairs and the current inspection 
status for these repairs.
    (e) Notification to Administrator. Each certificate holder must 
notify the Administrator at least 60 days before the date on which the 
airplane and airplane records will be made available for the inspection 
and records review.

[Doc. No. FAA-1999-5401, 67 FR 72765, Dec. 6, 2002, as amended by Amdt. 
135-92, 68 FR 69308, Dec. 12, 2003]



Sec. 135.424  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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978. Redesignated by Amdt. 135-
81, 67 FR 72765, Dec. 6, 2002]



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. 
135.424 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

[[Page 816]]

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.
    (d) For the purposes of this part, the certificate holder must 
prepare that part of its manual containing maintenance information and 
instructions, in whole or in part, in printed form or other form, 
acceptable to the Administrator, that is retrievable in the English 
language.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-66, 
62 FR 13257, Mar. 19, 1997; 69 FR 18472, Apr. 8, 2004]



Sec. 135.429  Required inspection personnel.

    (a) No person may use any person to perform required inspections 
unless the person performing the inspection is appropriately 
certificated, properly trained, qualified, and authorized to do so.
    (b) No person may allow any person to perform a required inspection 
unless, at the time, the person performing that inspection is under the 
supervision and control of an inspection unit.
    (c) No person may perform a required inspection if that person 
performed the item of work required to be inspected.
    (d) In the case of rotorcraft that operate in remote areas or sites, 
the Administrator may approve procedures for the performance of required 
inspection items by a pilot when no other qualified person is available, 
provided--
    (1) The pilot is employed by the certificate holder;
    (2) It can be shown to the satisfaction of the Administrator that 
each pilot authorized to perform required inspections is properly 
trained and qualified;
    (3) The required inspection is a result of a mechanical interruption 
and is not a part of a certificate holder's continuous airworthiness 
maintenance program;
    (4) Each item is inspected after each flight until the item has been 
inspected by an appropriately certificated mechanic other than the one 
who originally performed the item of work; and
    (5) Each item of work that is a required inspection item that is 
part of the flight control system shall be flight

[[Page 817]]

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.



Sec. 135.435  Certificate requirements.

    (a) Except for maintenance, preventive maintenance, alterations, and 
required inspections performed by a certificated repair station that is 
located outside the United States, 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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-82, 
66 FR 41117, Aug. 6, 2001]



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

[[Page 818]]

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 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

[[Page 819]]

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; 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 that person is employed and for which that person 
is certificated.
    (c) Notwithstanding paragraph (b)(3) of this section, after 
maintenance, preventive maintenance, or alterations performed by a 
repair station located outside the United States , the airworthiness 
release or log entry required by paragraph (a) of this section may be 
signed by a person authorized by that repair station.
    (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 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; Amdt. 135-82, 66 FR 41117, Aug. 6, 2001]

  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 
Sec. Sec. 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 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

[[Page 820]]

    (3) Include allowance for any time delays, in the execution of the 
procedures, that may reasonably be expected in service.
    5. Takeoff--(a) General. Takeoff speeds, the accelerate-stop 
distance, the takeoff distance, and the one-engine-inoperative takeoff 
flight path data (described in paragraphs (b), (c), (d), and (f) of this 
section), must be determined for--
    (1) Each weight, altitude, and ambient temperature within the 
operational limits selected by the applicant;
    (2) The selected configuration for takeoff;
    (3) The center of gravity in the most unfavorable position;
    (4) The operating engine within approved operating limitations; and
    (5) Takeoff data based on smooth, dry, hard-surface runway.
    (b) Takeoff speeds. (1) The decision speed V1 is the 
calibrated airspeed on the ground at which, as a result of engine 
failure or other reasons, the pilot is assumed to have made a decision 
to continue or discontinue the takeoff. The speed V1 must be 
selected by the applicant but may not be less than--
    (i) 1.10VS1;
    (ii) 1.10VMC;
    (iii) A speed that allows acceleration to V1 and stop 
under paragraph (c) of this section; or
    (iv) A speed at which the airplane can be rotated for takeoff and 
shown to be adequate to safely continue the takeoff, using normal 
piloting skill, when the critical engine is suddenly made inoperative.
    (2) The initial climb out speed V2, in terms of 
calibrated airspeed, must be selected by the applicant so as to allow 
the gradient of climb required in section 6(b)(2), but it must not be 
less than V1 or less than 1.2VS1.
    (3) Other essential take off speeds necessary for safe operation of 
the airplane.
    (c) Accelerate-stop distance. (1) The accelerate-stop distance is 
the sum of the distances necessary to--
    (i) Accelerate the airplane from a standing start to V1; 
and
    (ii) Come to a full stop from the point at which V1 is 
reached assuming that in the case of engine failure, failure of the 
critical engine is recognized by the pilot at the speed V1.
    (2) Means other than wheel brakes may be used to determine the 
accelerate-stop distance if that means is available with the critical 
engine inoperative and--
    (i) Is safe and reliable;
    (ii) Is used so that consistent results can be expected under normal 
operating conditions; and
    (iii) Is such that exceptional skill is not required to control the 
airplane.
    (d) All engines operating takeoff distance. The all engine operating 
takeoff distance is the horizontal distance required to takeoff and 
climb to a height of 50 feet above the takeoff surface under the 
procedures in FAR 23.51(a).
    (e) One-engine-inoperative takeoff. Determine the weight for each 
altitude and temperature within the operational limits established for 
the airplane, at which the airplane has the capability, after failure of 
the critical engine at V1 determined under paragraph (b) of 
this section, to take off and climb at not less than V2, to a 
height 1,000 feet above the takeoff surface and attain the speed and 
configuration at which compliance is shown with the en route one-engine-
inoperative gradient of climb specified in section 6(c).
    (f) One-engine-inoperative takeoff flight path data. The one-engine-
inoperative takeoff flight path data consist of takeoff flight paths 
extending from a standing start to a point in the takeoff at which the 
airplane reaches a height 1,000 feet above the takeoff surface under 
paragraph (e) of this section.
    6. Climb--(a) Landing climb: All-engines-operating. The maximum 
weight must be determined with the airplane in the landing 
configuration, for each altitude, and ambient temperature within the 
operational limits established for the airplane, with the most 
unfavorable center of gravity, and out-of-ground effect in free air, at 
which the steady gradient of climb will not be less than 3.3 percent, 
with:
    (1) The engines at the power that is available 8 seconds after 
initiation of movement of the power or thrust controls from the minimum 
flight idle to the takeoff position.
    (2) A climb speed not greater than the approach speed established 
under section 7 and not less than the greater of 1.05VMC or 
1.10VS1.
    (b) Takeoff climb: one-engine-inoperative. The maximum weight at 
which the airplane meets the minimum climb performance specified in 
paragraphs (1) and (2) of this paragraph must be determined for each 
altitude and ambient temperature within the operational limits 
established for the airplane, out of ground effect in free air, with the 
airplane in the takeoff configuration, with the most unfavorable center 
of gravity, the critical engine inoperative, the remaining engines at 
the maximum takeoff power or thrust, and the propeller of the 
inoperative engine windmilling with the propeller controls in the normal 
position except that, if an approved automatic feathering system is 
installed, the propellers may be in the feathered position:
    (1) Takeoff: landing gear extended. The minimum steady gradient of 
climb must be measurably positive at the speed V1.
    (2) Takeoff: landing gear retracted. The minimum steady gradient of 
climb may not be less than 2 percent at speed V2. For 
airplanes with fixed landing gear this requirement must be met with the 
landing gear extended.

[[Page 821]]

    (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 7\1/2\ percent of the trim speed.
    (b) Cruise stability. The stick force curve must have a stable slope 
for a speed range of 50 knots from the trim speed 
except that the speeds need not exceed VFC/MFC or be less than 
1.4VS1. This speed range will be considered to begin at the 
outer extremes of the friction band and the stick force may not exceed 
50 pounds with--
    (1) Landing gear retracted;
    (2) Wing flaps retracted;
    (3) The maximum cruising power as selected by the applicant as an 
operating limitation for turbine engines or 75 percent of maximum 
continuous power for reciprocating engines except that the power need 
not exceed that required at VMO/MMO;
    (4) Maximum takeoff weight; and
    (5) The airplane trimmed for level flight with the power specified 
in paragraph (3) of this paragraph.
    VFC/MFC may not be less than a speed midway between VMO/MMO and VDF/
MDF, except that, for altitudes where Mach number is the limiting 
factor, MFC need not exceed the Mach number at which effective speed 
warning occurs.
    (c) Climb stability (turbopropeller powered airplanes only). In 
showing compliance with FAR 23.175(a), an applicant must, instead of the 
power specified in FAR 23.175(a)(4), use the maximum power or thrust 
selected by the applicant as an operating limitation for use during 
climb at the best rate of climb speed, except that the speed need not be 
less than 1.4VS1.

                                 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

[[Page 822]]

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 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--

[[Page 823]]

    (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.
    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

[[Page 824]]

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 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.

[[Page 825]]

    (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.
    (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

[[Page 826]]

rotation of any engine in flight except that engine rotation need not be 
stopped if continued rotation could not jeopardize the safety of the 
airplane. Each component of the stopping and restarting system on the 
engine side of the firewall, and that might be exposed to fire, must be 
at least fire resistant. If hydraulic propeller feathering systems are 
used for this purpose, the feathering lines must be at least fire 
resistant under the operating conditions that may be expected to exist 
during feathering.
    (3) Engine speed and gas temperature control devices. The powerplant 
systems associated with engine control devices, systems, and 
instrumentation must provide reasonable assurance that those engine 
operating limitations that adversely affect turbine rotor structural 
integrity will not be exceeded in service.
    (b) For reciprocating engine powered airplanes. To provide engine 
isolation, the powerplants must be arranged and isolated from each other 
to allow operation, in at least one configuration, so that the failure 
or malfunction of any engine, or of any system that can affect that 
engine, will not--
    (1) Prevent the continued safe operation of the remaining engines; 
or
    (2) Require immediate action by any crewmember for continued safe 
operation.
    39. Turbopropeller reversing systems. (a) Turbopropeller reversing 
systems intended for ground operation must be designed so that no single 
failure or malfunction of the system will result in unwanted reverse 
thrust under any expected operating condition. Failure of structural 
elements need not be considered if the probability of this kind of 
failure is extremely remote.
    (b) Turbopropeller reversing systems intended for in flight use must 
be designed so that no unsafe condition will result during normal 
operation of the system, or from any failure (or reasonably likely 
combination of failures) of the reversing system, under any anticipated 
condition of operation of the airplane. Failure of structural elements 
need not be considered if the probability of this kind of failure is 
extremely remote.
    (c) Compliance with this section may be shown by failure analysis, 
testing, or both for propeller systems that allow propeller blades to 
move from the flight low-pitch position to a position that is 
substantially less than that at the normal flight low-pitch stop 
position. The analysis may include or be supported by the analysis made 
to show compliance with the type certification of the propeller and 
associated installation components. Credit will be given for pertinent 
analysis and testing completed by the engine and propeller 
manufacturers.
    40. Turbopropeller drag-limiting systems. Turbopropeller drag-
limiting systems must be designed so that no single failure or 
malfunction of any of the systems during normal or emergency operation 
results in propeller drag in excess of that for which the airplane was 
designed. Failure of structural elements of the drag-limiting systems 
need not be considered if the probability of this kind of failure is 
extremely remote.
    41. Turbine engine powerplant operating characteristics. For 
turbopropeller powered airplanes, the turbine engine powerplant 
operating characteristics must be investigated in flight to determine 
that no adverse characteristics (such as stall, surge, or flameout) are 
present to a hazardous degree, during normal and emergency operation 
within the range of operating limitations of the airplane and of the 
engine.
    42. Fuel flow. (a) For turbopropeller powered airplanes--
    (1) The fuel system must provide for continuous supply of fuel to 
the engines for normal operation without interruption due to depletion 
of fuel in any tank other than the main tank; and
    (2) The fuel flow rate for turbopropeller engine fuel pump systems 
must not be less than 125 percent of the fuel flow required to develop 
the standard sea level atmospheric conditions takeoff power selected and 
included as an operating limitation in the Airplane Flight Manual.
    (b) For reciprocating engine powered airplanes, it is acceptable for 
the fuel flow rate for each pump system (main and reserve supply) to be 
125 percent of the takeoff fuel consumption of the engine.

                         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

[[Page 827]]

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.

                             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

[[Page 828]]

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;
    (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

[[Page 829]]

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   25 hr minimum.....  0.125% per
                                                       hour.
Indicated airspeed..............  Vso to VD (KIAS)..  5% or 1
                                                       0 kts., whichever
                                                       is greater.
                                                       Resolution 2 kts.
                                                       below 175 KIAS.
Altitude........................  -1,000 ft. to max   100 to 7
                                                       00 ft. (see Table
                                                       1, TSO C51-a).
Magnetic heading................  360[deg]..........  5[deg].
Vertical acceleration...........  -3g to +6g........  0.2g in          where peaks, ref.
                                                       addition to 0   recorded).
                                                       .3g maximum datum.
Longitudinal acceleration.......  1.0g.            eq>1.5% max.
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch attitude..................  100% of usable....  2[deg].
Roll attitude...................  60[deg] or       eq>2[deg].
                                   100% of usable
                                   range, whichever
                                   is greater.
Stabilizer trim position........  Full range........  3% unless
                                                       higher uniquely
                                                       required.
      Or
Pitch control position..........  Full range........  3% unless
                                                       higher uniquely
                                                       required.
 
    Engine Power, Each Engine
 
Fan or N1 speed or EPR or         Maximum range.....  5%.
 aircraft certification.

[[Page 830]]

 
      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 fpm.       eq>10%.                                 12,000
                                                       Resolution 250
                                                       fpm below 12,000
                                                       ft. indicated.
Angle of attack \2\ (need         -20[deg] to         2[deg].
                                   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].
LE flaps (discrete or analog)...  Each discrete       ..................  1.................
                                   position (U, D, T/
                                   O, AAP).
                                     Or.............
                                  Analog 0-100%       3[deg].
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, 
as amended by Amdt. 135-69, 62 FR 38397, July 17, 1997]

    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   25 hr minimum.....  0.125% per
                                                       hour.
Indicated airspeed..............  Vm in to VD (KIAS)  5% or 1
                                   with installed      0 kts., whichever
                                   pilot-static        is greater.
                                   system).
Altitude........................  -1,000 ft. to       100 to 7
                                                       00 ft. (see Table
                                                       1, TSO C51-a).
Magnetic heading................  360[deg]..........  5[deg].
Vertical acceleration...........  -3g to +6g........  0.2g in          where peaks, ref.
                                                       addition to 0   recorded).
                                                       .3g maximum datum.
Longitudinal acceleration.......  1.0g.            eq>1.5% max.
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch attitude..................  100% of usable      2[deg].
Roll attitude...................  60[deg] or       eq>2[deg].
                                   100% of usable
                                   range, whichever
                                   is greater.
Altitude rate...................  8,000 fpm.       eq>10% Resolution                       12,000.
                                                       250 fpm below
                                                       12,000 ft.
                                                       indicated.
    Engine Power, Each Engine
 
Main rotor speed................  Maximum range.....  5%.
Free or power turbine...........  Maximum range.....  +5%...............  1.................  1% \2\
Engine torque...................  Maximum range.....  5%.
 
    Flight Control--Hydraulic
            Pressure
 
Primary (discrete)..............  High/low..........  ..................  1.................
Secondary--if applicable          High/low..........  ..................  1.................
 (discrete).

[[Page 831]]

 
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%.
Pedal position..................  Full range........  3%.
Lat. cyclic.....................  Full range........  3%.
Long. cyclic....................  Full range........  3%.
Controllable stabilator position  Full range........  3%.
----------------------------------------------------------------------------------------------------------------
\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, 
as amended by Amdt. 135-69, 62 FR 38397, July 17, 1997]

     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% Per       seconds).
 frame).                                               Hour.
Altitude........................  -1,000 ft to max    100 to 7
                                   aircraft.           00 ft (See Table
                                                       1, TSO-C51a).
Airspeed........................  50 KIAS to Vso,     5%, 3
                                                       %.
Heading.........................  360[deg]..........  2[deg].
Normal Acceleration (Vertical)..  -3g to +6g........  1% of max
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  75[deg].         eq>2[deg].
Roll Attitude...................  180[deg].        eq>2[deg].
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  ..................
Thrust/Power on Each Engine.....  Full range forward  2%.
Trailing Edge Flap or Cockpit     Full range or each  3[deg] or as
                                                       pilot's indicator.
Leading Edge Flap on or Cockpit   Full range or each  3[deg] or as
                                                       pilot's indicator.
Thrust Reverser Position........  Stowed, in          ..................  1 (per 4 seconds    ..................
                                   transit, and                            per engine).
                                   reverse
                                   (discretion).
Ground Spoiler Position/Speed     Full range or each  2% unless
                                                       higher accuracy
                                                       uniquely required.
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pilot Input And/or Surface        Full range........  2[deg] unless
 (Pitch, Roll, Yaw) \3\.                               higher accuracy
                                                       uniquely required.
Lateral Acceleration............  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pitch Trim Position.............  Full range........  3% unless
                                                       higher accuracy
                                                       uniquely required.
Glideslope Deviation............  400 Microamps.   eq>3%.
Localizer Deviation.............  400 Microamps.   eq>3%.
AFCS Mode And Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft or 3
                                                       % whichever is
                                                       greater below 500
                                                       ft and 5
                                                       % above 500 ft.
Master Warning..................  Discrete..........  ..................  1.................  ..................
Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................

[[Page 832]]

 
Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% \2\.
 directly).
Outside Air Temperature or Total  -50[deg] C to       2[deg] c.
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.
\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% Per       seconds).
                                                       Hour.
Altitude........................  -1,000 ft to max    100 to 7
                                   aircraft.           00 ft (See Table
                                                       1, TSO-C51a).
Airspeed........................  As the installed    3%.
Heading.........................  360[deg]..........  2[deg].
Normal Acceleration (Vertical)..  -3g to +6g........  1% of max
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  75[deg].         eq>2[deg].
Roll Attitude...................  180[deg].        eq>2[deg].
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  0.25 sec
Power in Each Engine: Free Power  0-130% (power       2%.              (per engine).       \1\
                                   Full range
                                   (Torque).
Main Rotor Speed................  0-130%............  2%.

[[Page 833]]

 
Altitude Rate...................  6,000 ft/min.
Pilot Input--Primary Controls     Full range........  3%.
 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%.
Longitudinal Acceleration.......  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Lateral Acceleration............  1g.              eq>1.5% 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.........  -50[deg] C to       2[deg] c.
----------------------------------------------------------------------------------------------------------------
\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]

     Appendix F to Part 135--Airplane Flight Recorder Specification

 The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
                                                       be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Accuracy (sensor      Seconds per sampling
             Parameters                       Range                  input)                 interval              Resolution              Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Counts \1\  24 Hrs, 0 to 4095.....  0.125% Per Hour.                                                   when available.
                                                                                                                                    Counter increments
                                                                                                                                    each 4 seconds of
                                                                                                                                    system operation.
2. Pressure Altitude...............  -1000 ft to max         100 to .                   obtained from the
                                      of aircraft. +5000 ft.  minus700                                                   air data computer
                                                              ft (see table, TSO                                                    when practicable.
                                                              C124a or TSO C51a).
3. Indicated airspeed or Calibrated  50 KIAS or minimum      5% and 3%.                                                   air data computer
                                      to 1.2 V.D.                                                                                   when practicable.
4. Heading (Primary flight crew      0-360[deg] and          2[deg].                                                            heading can be
                                      ``mag''.                                                                                      selected as the
                                                                                                                                    primary heading
                                                                                                                                    reference, a
                                                                                                                                    discrete indicating
                                                                                                                                    selection must be
                                                                                                                                    recorded.
5. Normal Acceleration (Vertical)    -3g to +6g............  1% of max range
                                                              excluding datum error
                                                              of 5%.
6. Pitch Attitude..................  75%.                 eq>2[deg].              airplanes operated                            0.25 is recommended.
                                                                                      under Sec.
                                                                                      135.152(j).
7. Roll Attitude \2\...............  180[deg].            eq>2[deg].              airplanes operated                            0.5 is recommended.
                                                                                      under Sec.
                                                                                      135.152(j).

[[Page 834]]

 
8. Manual Radio Transmitter Keying   On-Off (Discrete).....  ......................  1....................  .....................  Preferably each crew
 or CVR/DFDR synchronization         None..................                                                                         member but one
 reference.                                                                                                                         discrete acceptable
                                                                                                                                    for all transmission
                                                                                                                                    provided the CVR/FDR
                                                                                                                                    system complies with
                                                                                                                                    TSO C124a CVR
                                                                                                                                    synchronization
                                                                                                                                    requirements
                                                                                                                                    (paragraph 4.2.1 ED-
                                                                                                                                    55).
9. Thrust/Power on each engine--     Full Range Forward....  2%.                                                                (e.g. EPR, N1 or
                                                                                                                                    Torque, NP) as
                                                                                                                                    appropriate to the
                                                                                                                                    particular engine
                                                                                                                                    being recorded to
                                                                                                                                    determine power in
                                                                                                                                    forward and reverse
                                                                                                                                    thrust, including
                                                                                                                                    potential overspeed
                                                                                                                                    condition.
10. Autopilot Engagement...........  Discrete ``on'' or      ......................  1....................                         .....................
                                      ``off''.
11. Longitudinal Acceleration......  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
12a. Pitch Control(s) position (non- Full Range............  2[deg] Unless        airplanes operated                            have a flight
                                                              Higher Accuracy         under Sec. control break away
                                                              Uniquely Required.      135.152(j).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
12b. Pitch Control(s) position (fly- Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      135.152(j).
13a. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated                            have a flight
                                                              Higher Accuracy         under Sec. control break away
                                                              Uniquely Required.      135.152(j).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    intereval of 0.5 or
                                                                                                                                    0.25, as applicable.
13b. Lateral Control position(s)     Full Range............  2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      135.152(j).
14a. Yaw Control position(s) (non-   Full Range............  2[deg] Unless        airplanes operated                            have a flight
                                                              Higher Accuracy         under Sec. control break away
                                                              Uniquely Required.      135.152(j).                                   capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    controls
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    inputs. The control
                                                                                                                                    inputs may be
                                                                                                                                    sampled alternately
                                                                                                                                    once per second to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5.
14b. Yaw Control position(s) (fly-   Full Range............  2[deg] Unless
                                                              Higher Accuracy
                                                              Uniquely Required.

[[Page 835]]

 
15. Pitch Control Surface(s)         Full Range............  2[deg] Unless        airplanes operated                            with multiple or
                                                              Higher Accuracy         under Sec. split surfaces, a
                                                              Uniquely Required.      135.152(j).                                   suitable combination
                                                                                                                                    of inputs is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.
16. Lateral Control Surface(s)       Full Range............  2[deg] Unless        airplanes operated                            combination of
                                                              Higher Accuracy         under Sec. surface position
                                                              Uniquely Required.      135.152(j).                                   sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25.
17. Yaw Control Surface(s) Position  Full Range............  2[deg] Unless                                                      multiple or split
                                                              Higher Accuracy                                                       surfaces, a suitable
                                                              Uniquely Required.                                                    combination of
                                                                                                                                    surface position
                                                                                                                                    sensors is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately to
                                                                                                                                    produce the sampling
                                                                                                                                    interval of 0.5.
18. Lateral Acceleration...........  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
19. Pitch Trim Surface Position....  Full Range............  3[deg] Unless
                                                              Higher Accuracy
                                                              Uniquely Required.
20. Trailing Edge Flap or Cockpit    Full Range or Each      3[deg] or as                                                       cockpit control may
                                                              Pilot's Indicator.                                                    each be sampled
                                                                                                                                    alternately at 4
                                                                                                                                    second intervals, to
                                                                                                                                    give a data point
                                                                                                                                    every 2 seconds.
21. Leading Edge Flap or Cockpit     Full Range or Each      3[deg] or as                                                       of flap position and
                                                              Pilot's Indicator and                                                 cockpit control may
                                                              sufficient to                                                         each be sampled at 4
                                                              determine each                                                        second intervals, so
                                                              discrete position.                                                    as to give a data
                                                                                                                                    point to every 2
                                                                                                                                    seconds.
22. Each Thrust reverser Position    Stowed, In Transit,     ......................  1 (per engine........  .....................  Turbo-jet--2
 (or equivalent for propeller         and reverse                                                                                   discretes enable the
 airplane).                           (Discrete).                                                                                   3 states to be
                                                                                                                                    determined
                                                                                                                                   Turbo-prop--1
                                                                                                                                    discrete
23. Ground Spoiler Position or       Full Range or Each      2[deg] Unless        airplanes operated
                                                              Higher Accuracy         under Sec.
                                                              Uniquely Required.      135.152(j).
24. Outside Air Temperature or       -50 [deg]C to +90       2 [deg]C.
25. Autopilot/Autothrottle/AFCS      A suitable combination  ......................  1....................  .....................  Discretes should show
 Mode and Engagement Status.          of discretes.                                                                                 which systems are
                                                                                                                                    engaged and which
                                                                                                                                    primary modes are
                                                                                                                                    controlling the
                                                                                                                                    flight path and
                                                                                                                                    speed of the
                                                                                                                                    aircraft.

[[Page 836]]

 
26. Radio Altitude \14\............  -20 ft to 2,500 ft....  2 ft or 3%                                                    radio altimeter
                                                              Whichever is Greater                                                  should be recorded,
                                                              Below 500 ft and                                                      but arranged so that
                                                               5% Above 500 ft.                                                  recorded each
                                                                                                                                    second.
27. Localizer Deviation, MLS         400 Microamps or     minus3%                                                    3 operations. Each
                                      available sensor        recommended..                                                         system should be
                                      range as installed                                                                            recorded but
                                      62[deg].                                                                                   least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
28. Glideslope Deviation, MLS        400 Microamps or     minus3%                                                    3 operations. Each
 Deviation.                           available sensor        recommended.                                                          system should be
                                      range as installed.                                                                           recorded but
                                     0.9 to + 30[deg]......                                                                         arranged so that at
                                                                                                                                    least one is
                                                                                                                                    recorded each
                                                                                                                                    second. It is not
                                                                                                                                    necessary to record
                                                                                                                                    ILS and MLS at the
                                                                                                                                    same time, only the
                                                                                                                                    approach aid in use
                                                                                                                                    need be recorded.
29. Marker Beacon Passage..........  Discrete ``on'' or      ......................  1....................  .....................  A single discrete is
                                      ``off''.                                                                                      acceptable for all
                                                                                                                                    markers.
30. Master Warning.................  Discrete..............  ......................  1....................  .....................  Record the master
                                                                                                                                    warning and record
                                                                                                                                    each ``red'' warning
                                                                                                                                    that cannot be
                                                                                                                                    determined from
                                                                                                                                    other parameters or
                                                                                                                                    from the cockpit
                                                                                                                                    voice recorder.
31. Air/ground sensor (primary       Discrete ``air'' or     ......................  1 (0.25 recommended.)
 airplane system reference nose or    ``ground''.
 main gear).
32. Angle of Attack (If measured     As installed..........  As installed..........  2 or 0.5 for           0.3% of full range...  If left and right
 directly).                                                                           airplanes operated                            sensors are
                                                                                      under Sec. available, each may
                                                                                      135.152(j).                                   be recorded at 4 or
                                                                                                                                    1 second intervals,
                                                                                                                                    as appropriate, so
                                                                                                                                    as to give a data
                                                                                                                                    point at 2 seconds
                                                                                                                                    or 0.5 second, as
                                                                                                                                    required.
33. Hydraulic Pressure Low, Each     Discrete or available   5%.
                                      or ``normal''.
34. Groundspeed....................  As installed..........  Most Accurate Systems   1....................  0.2% of full range.    .....................
                                                              Installed.
35. GPWS (ground proximity warning   Discrete ``warning''    ......................  1....................  .....................  A suitable
 system).                             or ``off''.                                                                                   combination of
                                                                                                                                    discretes unless
                                                                                                                                    recorder capacity is
                                                                                                                                    limited in which
                                                                                                                                    case a single
                                                                                                                                    discrete for all
                                                                                                                                    modes is acceptable.
36. Landing Gear Position or         Discrete..............  ......................  4....................  .....................  A suitable
 Landing gear cockpit control                                                                                                       combination of
 selection.                                                                                                                         discretes should be
                                                                                                                                    recorded.
37. Drift Angle \15\...............  As installed..........  As installed..........  4....................  0.1[deg]
38. Wind Speed and Direction.......  As installed..........  As installed..........  4                      1 knot, and 1.0[deg].  .....................
39. Latitude and Longitude.........  As installed..........  As installed..........  4....................  0.002[deg], or as      Provided by the
                                                                                                             installed.             Primary Navigation
                                                                                                                                    System Reference.
                                                                                                                                    Where capacity
                                                                                                                                    permits latitude/
                                                                                                                                    longitude resolution
                                                                                                                                    should be
                                                                                                                                    0.0002[deg].

[[Page 837]]

 
40. Stick shaker and pusher          Discrete(s) ``on'' or   ......................  1....................  .....................  A suitable
 activation.                          ``off''.                                                                                      combination of
                                                                                                                                    discretes to
                                                                                                                                    determine
                                                                                                                                    activation.
41. Windshear Detection............  Discrete ``warning''    ......................  1.
                                      or ``off''.
42. Throttle/power lever position    Full Range............  2%.                                                                non-mechanically
                                                                                                                                    linked cockpit
                                                                                                                                    engine controls.
43. Additional Engine Parameters...  As installed..........  As installed..........  Each engine each       2% of full range.....  Where capacity
                                                                                      second.                                       permits, the
                                                                                                                                    preferred priority
                                                                                                                                    is indicated
                                                                                                                                    vibration level, N2,
                                                                                                                                    EGT, Fuel Flow, Fuel
                                                                                                                                    Cut-off lever
                                                                                                                                    position and N3,
                                                                                                                                    unless engine
                                                                                                                                    manufacturer
                                                                                                                                    recommends
                                                                                                                                    otherwise.
44. Traffic Alert and Collision      Discretes.............  As installed..........  1....................  .....................  A suitable
 Avoidance System (TCAS).                                                                                                           combination of
                                                                                                                                    discretes should be
                                                                                                                                    recorded to
                                                                                                                                    determine the status
                                                                                                                                    of--Combined
                                                                                                                                    Control, Vertical
                                                                                                                                    Control, Up
                                                                                                                                    Advisory, and down
                                                                                                                                    advisory. (ref.
                                                                                                                                    ARINC Characteristic
                                                                                                                                    735 Attachment 6E,
                                                                                                                                    TCAS VERTICAL RA
                                                                                                                                    DATA OUTPUT WORD.)
45. DME 1 and 2 Distance...........  0-200 NM;.............  As installed..........  4....................  1 NM.................  1 mile.
46. Nav 1 and 2 Selected Frequency.  Full range............  As installed..........  4....................  .....................  Sufficient to
                                                                                                                                    determine selected
                                                                                                                                    frequency.
47. Selected barometric setting....  Full Range............  5%.
48. Selected altitude..............  Full Range............  5%.
49. Selected speed.................  Full Range............  5%.
50. Selected Mach..................  Full Range............  5%.
51. Selected vertical speed........  Full Range............  5%.
52. Selected heading...............  Full Range............  5%.
53. Selected flight path...........  Full Range............  5%.
54. Selected decision height.......  Full Range............  5%.
55. EFIS display format............  Discrete(s)...........  ......................  4....................  .....................  Discretes should show
                                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail,
                                                                                                                                    composite, sector,
                                                                                                                                    plan, nav aids,
                                                                                                                                    weather radar,
                                                                                                                                    range, copy.
56. Multi-function/Engine Alerts     Discrete(s)...........  ......................  4....................  .....................  Discretes should show
 Display format.                                                                                                                    the display system
                                                                                                                                    status (e.g., off,
                                                                                                                                    normal, fail, and
                                                                                                                                    the identity of
                                                                                                                                    display pages for
                                                                                                                                    emergency
                                                                                                                                    procedures, need not
                                                                                                                                    be recorded.
57. Thrust comand \17\.............  Full Range............  2%.
58. Thrust target..................  Full Range............  2%.
59. Fuel quantity in CG trim tank..  Full Range............  5%.

[[Page 838]]

 
60. Primary Navigation System        Discrete GPS, INS, VOR/ ......................  4....................  .....................  A suitable
 Reference.                           DME, MLS, Loran C,                                                                            combination of
                                      Omega, Localizer                                                                              discretes to
                                      Glidescope.                                                                                   determine the
                                                                                                                                    Primary Navigation
                                                                                                                                    System reference.
61. Ice Detection..................  Discrete ``ice'' or     ......................  4.
                                      ``no ice''.
62. Engine warning each engine       Discrete..............  ......................  1.
 vibration.
63. Engine warning each engine over  Discrete..............  ......................  1.
 temp..
64. Engine warning each engine oil   Discrete..............  ......................  1.
 pressure low.
65. Engine warning each engine over  Discrete..............  ......................  1.
 speed.
66. Yaw Trim Surface Position......  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
67. Roll Trim Surface Position.....  Full Range............  3% Unless Higher
                                                              Accuracy Uniquely
                                                              Required.
68. Brake Pressure (left and right)  As installed..........  5%.                                                                effort applied by
                                                                                                                                    pilots or by
                                                                                                                                    autobrakes.
69. Brake Pedal Application (left    Discrete or Analog      5% (Analog).                                                       applied by pilots.
                                      ``off''.
70. Yaw or sideslip angle..........  Full Range............  5%.
71. Engine bleed valve position....  Discrete ``open'' or    ......................  4.
                                      ``closed''.
72. De-icing or anti-icing system    Discrete ``on'' or      ......................  4.
 selection.                           ``off''.
73. Computed center of gravity.....  Full Range............  5%.
74. AC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
75. DC electrical bus status.......  Discrete ``power'' or   ......................  4....................  .....................  Each bus.
                                      ``off''.
76. APU bleed valve position.......  Discrete ``open'' or    ......................  4.
                                      ``closed''.
77. Hydraulic Pressure (each         Full range............  5%.
78. Loss of cabin pressure.........  Discrete ``loss'' or    ......................  1.
                                      ``normal''.
79. Computer failure (critical       Discrete ``fail'' or    ......................  4.
 flight and engine control systems).  ``normal''.
80. Heads-up display (when an        Discrete(s) ``on'' or   ......................  4.
 information source is installed).    ``off''.
81. Para-visual display (when an     Discrete(s) ``on'' or   ......................  1.
 information source is installed).    ``off''.

[[Page 839]]

 
82. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
83. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    inputs are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    position should be
                                                                                                                                    recorded.
84. Cockpit trim control input       Full Range............  5%.                                                                means for control
                                                                                                                                    input are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.
85. Trailing edge flap and cockpit   Full Range............  5%.                                                                and cockpit flap
                                                                                                                                    control position may
                                                                                                                                    each be sampled
                                                                                                                                    alternately at 4
                                                                                                                                    second intervals to
                                                                                                                                    provide a sample
                                                                                                                                    each 0.5 second.
86. Leading edge flap and cockpit    Full Range or Discrete  5%.
87. Ground spoiler position and      Full Range or Discrete  5%.
88. All cockpit flight control       Full Range Control      5%.                                                                flight control
 control column, rudder pedal).       thn-eq>70 lbs Control                                                                         systems, where
                                      Column 85 lb Rudder                                                                           position is a
                                      pedal 165 lbs.                                                                               displacement of the
                                                                                                                                    control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    break away
                                                                                                                                    capability that
                                                                                                                                    allows either pilot
                                                                                                                                    to operate the
                                                                                                                                    control
                                                                                                                                    independently,
                                                                                                                                    record both control
                                                                                                                                    force inputs. The
                                                                                                                                    control force inputs
                                                                                                                                    may be sampled
                                                                                                                                    alternately once per
                                                                                                                                    2 seconds to produce
                                                                                                                                    the sampling
                                                                                                                                    interval of 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For A300 B2/B4 airplanes, resolution = 6 seconds.
\2\ For A330/A340 series airplanes, resolution = 0.703[deg].
\3\ For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088[deg]0.064[deg]). For A330/A340 series airplanes, resolution = 2.20%
  (0.703[deg]0.064[deg]).
\4\ For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088[deg]0.080[deg]). For A330/A340 series airplanes, resolution = 1.76%
  (0.703[deg]0.080[deg]).
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
\6\ For A330/A340 series airplanes, resolution = 0.783% (0.352[deg]0.090[deg]).
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
  1.406% (0.703[deg]0.100[deg]).
\8\ For A330/A340 series airplanes, resolution = 0.30% (0.176[deg]0.12[deg]). For A330/A340 series airplanes, seconds per sampling interval =
  1.
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
\10\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]).
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A300 B2/B4 series airplanes, resolution = 0.92%
  (0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
\13\ For A330/A340 series airplanes, resolution = 0.5 [deg]C.
\14\ For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
\15\ For A330/A340 series airplanes, resolution = 0.352 degrees.
\16\ For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever
  angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54
  degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value
  of 96.14 degrees.
\17\ For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.


[[Page 840]]


[Doc. No. 28109, 62 FR 38398, July 17, 1997; 62 FR 48135, Sept. 12, 
1997; Amdt. 135-85, 67 FR 54323, Aug. 21, 2002; Amdt. 135-89, 68 FR 
42939, July 18, 2003; 68 FR 50069, Aug. 20, 2003]

                Appendix G to Part 135--Design-Life Goals

----------------------------------------------------------------------------------------------------------------
                                                 Number of                                          Design-life
                Airplane type                      seats          Type certificate data sheet      goal (hours)
----------------------------------------------------------------------------------------------------------------
Raytheon (Beech) Aircraft Co.:
    --Beech 99 (all models).................            15+2  A14CE.............................          46,000
    --Beech 1900 and 1900C..................            19+2  A24CE.............................          45,000
    --Beech 300 and 300LW...................            13+2  A24CE.............................          30,000
    --Beech B300 and B300C..................            15+2  A24CE.............................          30,000
    --Beech 1900D...........................            19+2  A24CE.............................          45,000
British Aerospace Ltd.:
    --BAe Jetstream 3101....................            19+2  A21EU.............................          45,000
    --BAe Jetstream 3201....................            19+2  A56EU.............................          30,000
Cessna Aircraft Co.:
    --Cessna 402 Series (all models except               8+2  A7CE..............................          12,000
     402C).
    --Cessna 402C...........................             8+2  A7CE..............................           7,700
deHavilland Aircraft Co.:...................
    --DHC-6.................................            22+2  A9EA..............................          33,000
Dornier-Luftfahrt GmbH:
    --Dornier 228-100 and -200..............            19+2  A16EU.............................          42,800
    --Dornier 228-101 and -201..............            19+2  A16EU.............................          32,800
    --Dornier 228-202.......................            19+2  A16EU.............................          29,600
    --Dornier 228-212 (Except SN 155 & 191              19+2  A16EU.............................          26,400
     and up).
    --Dornier 228-212 (SN 155 and 191 and               19+2  A16EU.............................          42,800
     up).
Empresa Brasileira de Aeronautica (Embraer):            19+2  A21SO.............................          30,000
 Embraer EMB-110.
Fairchild Aircraft Corporation:
    --SA226-TC..............................            20+2  A8SW..............................          35,000
    --SA227-AT..............................            14+2  A5SW..............................          35,000
    --SA227-TT..............................             9+2  A5SW..............................          35,000
    --SA227-AC..............................            20+2  A8SW..............................          35,000
    --SA227-PC..............................            20+2  A8SW..............................          35,000
    --SA227-BC..............................            20+2  A8SW..............................          35,000
    --SA227-CC..............................            19+2  A18SW.............................          35,000
    --SA227-DC..............................            19+2  A18SW.............................          35,000
Pilatus Britten-Norman: PBN BN-2 Mk III (all            16+2  A29EU.............................          20,480
 models).
Piper Aircraft Inc., The New:
    --PA 31 Navajo..........................             6+2  A20SO.............................          11,000
    --PA 31-300 Navajo......................             6+2  A20SO.............................          15,500
    --PA 31P Pressurized Navajo.............             6+2  A8EA..............................          14,000
    --PA 31T Cheyenne and Cheyenne II.......             7+2  A8EA..............................          12,000
    --PA 31-350 Chieftain and (T-1020)......             9+2  A20SO.............................          13,000
    --PA 31-325 Navajo CR...................             9+2  A20SO.............................          11,000
    --PA 31T2 Cheyenne II XL................             5+2  A8EA..............................          11,400
    --PA 31T3 (T-1040) without tip tanks....             9+2  A8EA..............................          17,400
    --PA 31T3 (T-1040) with tip tanks.......             9+2  A8EA..............................          13,800
Short Brothers PLC:.........................
    --SD3-30................................            39+2  A41EU.............................          57,600
    --SD3-60................................            39+2  A41EU.............................          28,800
    --SD3-Sherpa............................            39+2  A41EU.............................          40,000
----------------------------------------------------------------------------------------------------------------


[Doc. No. FAA-1999-5401, 67 FR 72766, Dec. 6, 2002]



PART 136_NATIONAL PARKS AIR TOUR MANAGEMENT--Table of Contents




Sec.
136.1 Applicability.
136.3 Definitions.
136.5 Prohibition of commercial air tour operations over the Rocky 
          Mountain National Park.
136.7 Overflights of national parks and tribal lands.
136.9 Air tour management plans (ATMP).
136.11 Interim operating authority.

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

    Source: Docket No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002, unless 
otherwise noted.



Sec. 136.1  Applicability.

    (a) This part restates and paraphrases several sections of the 
National Parks Air Tour Management Act of 2000, including section 803 
(codified at 49 U.S.C. 40128) and sections 806 and

[[Page 841]]

809. This part clarifies the requirements for the development of an air 
tour management plan for each park in the national park system where 
commercial air tour operations are flown.
    (b) Except as provided in paragraph (c) of this section, this part 
applies to each commercial air tour operator who conducts a commercial 
air tour operation over--
    (1) A unit of the national park system;
    (2) Tribal lands as defined in this part; or
    (3) Any area within one-half mile outside the boundary of any unit 
of the national park system.
    (c) This part does not apply to a commercial air tour operator 
conducting a commercial air tour operation--
    (1) Over the Grand Canyon National Park;
    (2) Over that portion of tribal lands within or abutting the Grand 
Canyon National Park;
    (3) Over any land or waters located in the State of Alaska; or
    (4) While flying over or near the Lake Mead Recreation Area, solely 
as a transportation route, to conduct a commercial air tour over the 
Grand Canyon National Park.



Sec. 136.3  Definitions.

    For purposes of this part--
    (a) Commercial air tour operator means any person who conducts a 
commercial air tour operation.
    (b) Existing commercial air tour operator means a commercial air 
tour operator that was actively engaged in the business of providing 
commercial air tour operations over a national park at any time during 
the 12-month period ending on April 5, 2000.
    (c) New entrant commercial air tour operator means a commercial air 
tour operator that--
    (1) Applies for operating authority as a commercial air tour 
operator for a national park or tribal lands; and
    (2) Has not engaged in the business of providing commercial air tour 
operations over the national park or tribal lands for the 12-month 
period preceding enactment.
    (d) Commercial air tour operation--
    (1) Means any flight, conducted for compensation or hire in a 
powered aircraft where a purpose of the flight is sightseeing over a 
national park, within \1/2\ mile outside the boundary of any national 
park, or over tribal lands, during which the aircraft flies--
    (i) Below 5,000 feet above ground level (except for the purpose of 
takeoff or landing, or as necessary for the safe operation of an 
aircraft as determined under the rules and regulations of the Federal 
Aviation Administration requiring the pilot-in-command to take action to 
ensure the safe operation of the aircraft);
    (ii) Less than 1 mile laterally from any geographic feature within 
the park (unless more than \1/2\ mile outside the boundary); or
    (iii) Except as provided in Sec. 136.5.
    (2) The Administrator may consider the following factors in 
determining whether a flight is a commercial air tour operation for 
purposes of this part--
    (i) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (ii) Whether a narrative that referred to areas or points of 
interest on the surface below the route of the flight was provided by 
the person offering the flight;
    (iii) The area of operation;
    (iv) The frequency of flights conducted by the person offering the 
flight;
    (v) The route of flight;
    (vi) The inclusion of sightseeing flights as part of any travel 
arrangement package offered by the person offering the flight;
    (vii) Whether the flight would have been canceled based on poor 
visibility of the surface below the route of the flight; and
    (viii) Any other factors that the Administrator and Director 
consider appropriate.
    (3) For purposes of Sec. 136.5, means any flight conducted for 
compensation or hire in a powered aircraft where a purpose of the flight 
is sightseeing over a national park.
    (e) National park means any unit of the national park system. (See 
title 16 of the U.S. Code, section 1, et seq.)
    (f) Tribal lands means that portion of Indian country (as that term 
is defined

[[Page 842]]

in section 1151 of title 18 of the U.S. Code) that is within or abutting 
a national park.
    (g) Administrator means the Administrator of the Federal Aviation 
Administration.
    (h) Director means the Director of the National Park Service.
    (i) Superintendent means the duly appointed representative of the 
National Park Service for a particular unit of the national park system.



Sec. 136.5  Prohibition of commercial air tour operations over the 
Rocky Mountain National Park.

    All commercial air tour operations in the airspace over the Rocky 
Mountain National Park are prohibited regardless of altitude.



Sec. 136.7  Overflights of national parks and tribal lands.

    (a) General. A commercial air tour operator may not conduct 
commercial air tour operations over a national park or tribal land 
except--
    (1) In accordance with this section;
    (2) In accordance with conditions and limitations prescribed for 
that operator by the Administrator; and
    (3) In accordance with any applicable air tour management plan for 
the park or tribal lands.
    (b) Application for operating authority. Before commencing 
commercial air tour operations over a national park or tribal lands, a 
commercial air tour operator shall apply to the Administrator for 
authority to conduct the operations over the park or tribal lands.
    (c) Number of operations authorized. In determining the number of 
authorizations to issue to provide commercial air tour operations over a 
national park, the Administrator, in cooperation with the Director, 
shall take into consideration the provisions of the air tour management 
plan, the number of existing commercial air tour operators and current 
level of service and equipment provided by any such operators, and the 
financial viability of each commercial air tour operation.
    (d) Cooperation with National Park Service. Before granting an 
application under this part, the Administrator, in cooperation with the 
Director, shall develop an air tour management plan in accordance with 
Sec. 136.9 and implement such a plan.
    (e) Time limit on response to applications. Every effort will be 
made to act on any application under this part and issue a decision on 
the application not later than 24 months after it is received or 
amended.
    (f) Priority. In acting on applications under this paragraph to 
provide commercial air tour operations over a national park, the 
Administrator shall give priority to an application under this paragraph 
in any case where a new entrant commercial air tour operator is seeking 
operating authority with respect to that national park.
    (g) Exception. Notwithstanding this section, commercial air tour 
operators may conduct commercial air tour operations over a national 
park under part 91 of this chapter if--
    (1) Such activity is permitted under part 119 of this chapter;
    (2) The operator secures a letter of agreement from the 
Administrator and the Superintendent for that park describing the 
conditions under which the operations will be conducted; and
    (3) The number of operations under this exception is limited to not 
more than a total of 5 flights by all operators in any 30-day period 
over a particular park.
    (h) Special rule for safety requirement. Notwithstanding Sec. 
136.11, an existing commercial air tour operator shall apply, not later 
than January 23, 2003 for operating authority under part 119 of this 
chapter, for certification under part 121 or part 135 of this chapter. A 
new entrant commercial air tour operator shall apply for such authority 
before conducting commercial air tour operations over a national park or 
tribal lands that are within or abut a national park. The Administrator 
shall make every effort to act on such application for a new entrant and 
issue a decision on the application not later than 24 months after it is 
received or amended.



Sec. 136.9  Air tour management plans (ATMP).

    (a) Establishment. The Administrator, in cooperation with the 
Director, shall establish an air tour management plan for any national 
park or tribal land for

[[Page 843]]

which such a plan is not in effect whenever a person applies for 
authority to conduct a commercial air tour operation over the park. The 
air tour management plan shall be developed by means of a public process 
in accordance with paragraph (d) of this section. The objective of any 
air tour management plan is to develop acceptable and effective measures 
to mitigate or prevent the significant adverse impacts, if any, of 
commercial air tour operations upon the natural and cultural resources, 
visitor experiences, and tribal lands.
    (b) Environmental determination. In establishing an air tour 
management plan under this section, the Administrator and the Director 
shall each sign the environmental decision document required by section 
102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) 
which may include a finding of no significant impact, an environmental 
assessment, or an environmental impact statement and the record of 
decision for the air tour management plan.
    (c) Contents. An air tour management plan for a park--
    (1) May prohibit commercial air tour operations in whole or in part;
    (2) May establish conditions for the conduct of commercial air tour 
operations, including, but not limited to, commercial air tour routes, 
maximum number of flights per unit of time, maximum and minimum 
altitudes, time of day restrictions, restrictions for particular events, 
intrusions on privacy on tribal lands, and mitigation of noise, visual, 
or other impacts;
    (3) Shall apply to all commercial air tour operations within \1/2\ 
mile outside the boundary of a national park;
    (4) Shall include incentives (such as preferred commercial air tour 
routes and altitudes, and relief from caps and curfews) for the adoption 
of quiet technology aircraft by commercial air tour operators conducting 
commercial air tour operations at the park;
    (5) Shall provide for the initial allocation of opportunities to 
conduct commercial air tour operations if the plan includes a limitation 
on the number of commercial air tour operations for any time period; and
    (6) Shall justify and document the need for measures taken pursuant 
to paragraphs (c)(1) through (c)(5) of this section and include such 
justification in the record of decision.
    (d) Procedure. In establishing an ATMP for a national park or tribal 
lands, the Administrator and Director shall--
    (1) Hold at least one public meeting with interested parties to 
develop the air tour management plan;
    (2) Publish the proposed plan in the Federal Register for notice and 
comment and make copies of the proposed plan available to the public;
    (3) Comply with the regulations set forth in 40 CFR 1501.3 and 
1501.5 through 1501.8 (for the purposes of complying with 40 CFR 1501.3 
and 1501.5 through 1501.8, the Federal Aviation Administration is the 
lead agency and the National Park Service is a cooperating agency); and
    (4) Solicit the participation of any Indian tribe whose tribal lands 
are, or may be, overflown by aircraft involved in a commercial air tour 
operation over the park or tribal lands to which the plan applies, as a 
cooperating agency under the regulations referred to in paragraph (d)(3) 
of this section.
    (e) Amendments. The Administrator, in cooperation with the Director, 
may make amendments to an air tour management plan. Any such amendments 
will be published in the Federal Register for notice and comment. A 
request for amendment of an ATMP will be made in accordance with Sec. 
11.25 of this chapter as a petition for rulemaking.



Sec. 136.11  Interim operating authority.

    (a) General. Upon application for operating authority, the 
Administrator shall grant interim operating authority under this section 
to a commercial air tour operator for commercial air tour operations 
over a national park or tribal land for which the operator is an 
existing commercial air tour operator.
    (b) Requirements and limitations. Interim operating authority 
granted under this section--
    (1) Shall provide annual authorization only for the greater of--
    (i) The number of flights used by the operator to provide the 
commercial air

[[Page 844]]

tour operations within the 12-month period prior to April 5, 2000; or
    (ii) The average number of flights per 12-month period used by the 
operator to provide such operations within the 36-month period prior to 
April 5, 2000, and for seasonal operations, the number of flights so 
used during the season or seasons covered by that 12-month period;
    (2) May not provide for an increase in the number of commercial air 
tour operations conducted during any time period by the commercial air 
tour operator above the number the air tour operator was originally 
granted unless such an increase is agreed to by the Administrator and 
the Director;
    (3) Shall be published in the Federal Register to provide notice and 
opportunity for comment;
    (4) May be revoked by the Administrator for cause;
    (5) Shall terminate 180 days after the date on which an air tour 
management plan is established for the park and tribal lands;
    (6) Shall promote protection of national park resources, visitor 
experiences, and tribal lands;
    (7) Shall promote safe commercial air tour operations;
    (8) Shall promote the adoption of quiet technology, as appropriate, 
and
    (9) Shall allow for modifications of the interim operating authority 
based on experience if the modification improves protection of national 
park resources and values and of tribal lands.
    (c) New entrant operators. The Administrator, in cooperation with 
the Director, may grant interim operating authority under this paragraph 
(c) to an air tour operator for a national park or tribal lands for 
which that operator is a new entrant air tour operator if the 
Administrator determines the authority is necessary to ensure 
competition in the provision of commercial air tour operations over the 
park or tribal lands.
    (1) Limitation. The Administrator may not grant interim operating 
authority under this paragraph (c) if the Administrator determines that 
it would create a safety problem at the park or on the tribal lands, or 
if the Director determines that it would create a noise problem at the 
park or on the tribal lands.
    (2) ATMP limitation. The Administrator may grant interim operating 
authority under this paragraph (c) only if the ATMP for the park or 
tribal lands to which the application relates has not been developed 
within 24 months after April 5, 2000.



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.

                        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.


[[Page 845]]


    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 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

[[Page 846]]

    (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 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]

[[Page 847]]



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, Sec. Sec. 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, Sec. Sec. 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 Sec. Sec. 
137.29, 137.37, and Sec. Sec. 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.



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.

[[Page 848]]



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.



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

[[Page 849]]

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.
    (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

[[Page 850]]

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 turn arounds 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 
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.

[[Page 851]]



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 OF AIRPORTS--Table of Contents




                            Subpart A_General

Sec.
139.1 Applicability.
139.3 Delegation of authority.
139.5 Definitions.
139.7 Methods and procedures for compliance.

                         Subpart B_Certification

139.101 General requirements.
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.

                 Subpart C_Airport Certification Manual

139.201 General requirements.
139.203 Contents of Airport Certification Manual.
139.205 Amendment of Airport Certification Manual.

                          Subpart D_Operations

139.301 Records.
139.303 Personnel.
139.305 Paved areas.
139.307 Unpaved areas.
139.309 Safety areas.
139.311 Marking, signs, 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 Pedestrians and 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 lighting construction and other 
          unserviceable areas.

[[Page 852]]

139.343 Noncomplying conditions.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.

    Source: Docket No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004, unless 
otherwise noted.

    Editorial Note: Nomenclature changes to part 139 appear at 69 FR 
24069, May 3, 2004.



                            Subpart A_General



Sec. 139.1  Applicability.

    (a) This part prescribes rules governing the certification and 
operation of airports in any State of the United States, the District of 
Columbia, or any territory or possession of the United States serving 
any--
    (1) Scheduled passenger-carrying operations of an air carrier 
operating aircraft designed for more than 9 passenger seats, as 
determined by the aircraft type certificate issued by a competent civil 
aviation authority; and
    (2) Unscheduled passenger-carrying operations of an air carrier 
operating aircraft designed for at least 31 passenger seats, as 
determined by the aircraft type certificate issued by a competent civil 
aviation authority.
    (b) This part applies to those portions of a joint-use or shared-use 
airport that are within the authority of a person serving passenger-
carrying operations defined in paragraphs (a)(1) and (a)(2) of this 
section.
    (c) This part does not apply to--
    (1) Airports serving scheduled air carrier operations only by reason 
of being designated as an alternate airport;
    (2) Airports operated by the United States;
    (3) Airports located in the State of Alaska that only serve 
scheduled operations of small air carrier aircraft and do not serve 
scheduled or unscheduled operations of large air carrier aircraft;
    (4) Airports located in the State of Alaska during periods of time 
when not serving operations of large air carrier aircraft; or
    (5) Heliports.



Sec. 139.3  Delegation of authority.

    The authority of the Administrator to issue, deny, and revoke 
Airport Operating Certificates is delegated to the Associate 
Administrator for Airports, Director of Airport Safety and Standards, 
and Regional Airports Division Managers.



Sec. 139.5  Definitions.

    The following are definitions of terms used in this part:
    AFFF means aqueous film forming foam agent.
    Air carrier aircraft means an aircraft that is being operated by an 
air carrier and is categorized as either a large air carrier aircraft if 
designed for at least 31 passenger seats or a small air carrier aircraft 
if designed for more than 9 passenger seats but less than 31 passenger 
seats, as determined by the aircraft type certificate issued by a 
competent civil aviation authority.
    Air carrier operation means the takeoff or landing of an air carrier 
aircraft and includes the period of time from 15 minutes before 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, including any buildings and facilities.
    Airport Operating Certificate means a certificate, issued under this 
part, for operation of a Class I, II, III, or IV airport.
    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 calendar months of the immediately preceding 12 
consecutive calendar months. However, 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 
authorized by the Administrator.
    Certificate holder means the holder of an Airport Operating 
Certificate issued under this part.
    Class I airport means an airport certificated to serve scheduled 
operations of large air carrier aircraft that can also serve unscheduled 
passenger operations of large air carrier aircraft and/or scheduled 
operations of small air carrier aircraft.
    Class II airport means an airport certificated to serve scheduled 
operations of small air carrier aircraft and the unscheduled passenger 
operations of large air carrier aircraft. A Class II airport

[[Page 853]]

cannot serve scheduled large air carrier aircraft.
    Class III airport means an airport certificated to serve scheduled 
operations of small air carrier aircraft. A Class III airport cannot 
serve scheduled or unscheduled large air carrier aircraft.
    Class IV airport means an airport certificated to serve unscheduled 
passenger operations of large air carrier aircraft. A Class IV airport 
cannot serve scheduled large or small air carrier aircraft.
    Clean agent means an electrically nonconducting volatile or gaseous 
fire extinguishing agent that does not leave a residue upon evaporation 
and has been shown to provide extinguishing action equivalent to halon 
1211 under test protocols of FAA Technical Report DOT/FAA/AR-95/87.
    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 the type of aircraft rescue and firefighting equipment 
and quantity of fire extinguishing agent that the certificate holder 
must provide in accordance with Sec. 139.315.
    Joint-use airport means an airport owned by the United States that 
leases a portion of the airport to a person operating an airport 
specified under Sec. 139.1(a).
    Movement area means the runways, taxiways, and other areas of an 
airport that are used for 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 defined area comprised of either a runway or 
taxiway and the surrounding surfaces that is prepared or suitable for 
reducing the risk of damage to aircraft in the event of an undershoot, 
overshoot, or excursion from a runway or the unintentional departure 
from a taxiway.
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier for which 
the air carrier or its representatives offers in advance the departure 
location, departure time, and arrival location. It does not include any 
operation that is conducted as a supplemental operation under 14 CFR 
part 121 or public charter operations under 14 CFR part 380.
    Shared-use airport means a U.S. Government-owned airport that is co-
located with an airport specified under Sec. 139.1(a) and at which 
portions of the movement areas and safety areas are shared by both 
parties.
    Unscheduled operation means any common carriage passenger-carrying 
operation for compensation or hire, using aircraft designed for at least 
31 passenger seats, conducted by an air carrier for which the departure 
time, departure location, and arrival location are specifically 
negotiated with the customer or the customer's representative. It 
includes any passenger-carrying supplemental operation conducted under 
14 CFR part 121 and any passenger-carrying public charter operation 
conducted under 14 CFR part 380.
    Wildlife hazard means a potential for a damaging aircraft collision 
with wildlife on or near an airport. As used in this part, ``wildlife'' 
includes feral animals and domestic animals out of the control of their 
owners.
    Note: Special Statutory Requirement To Operate to or From a Part 139 
Airport. Each air carrier that provides--in an aircraft designed for 
more than 9 passenger seats--regularly scheduled charter air 
transportation for which the public is provided in advance a schedule 
containing the departure location, departure time, and arrival location 
of the flight must operate to and from an airport certificated under 
part 139 of this chapter in accordance with 49 U.S.C. 41104(b). That 
statutory provision contains stand-alone requirements for such air 
carriers and special exceptions for operations in Alaska and outside the 
United States. Certain operations by air carriers that conduct public 
charter operations under 14 CFR part 380 are covered by the statutory 
requirements to operate to and from part 139 airports. See 49 U.S.C. 
41104(b).



Sec. 139.7  Methods and procedures for compliance.

    Certificate holders must comply with requirements prescribed by 
subparts C and D of this part in a manner authorized by the 
Administrator. FAA Advisory Circulars contain methods and procedures for 
compliance with this part that are acceptable to the Administrator.

[[Page 854]]



                         Subpart B_Certification



Sec. 139.101  General requirements.

    (a) Except as otherwise authorized by the Administrator, no person 
may operate an airport specified under Sec. 139.1 of this part without 
an Airport Operating Certificate or in violation of that certificate, 
the applicable provisions, or the approved Airport Certification Manual.
    (b) Each certificate holder shall adopt and comply with an Airport 
Certification Manual as required under Sec. 139.203.
    (c) Persons required to have an Airport Operating Certificate under 
this part shall submit their Airport Certification Manual to the FAA for 
approval, in accordance with the following schedule:
    (1) Class I airports--6 months after June 9, 2004.
    (2) Class II, III, and IV airports--12 months after June 9, 2004.



Sec. 139.103  Application for certificate.

    Each applicant for an Airport Operating Certificate must--
    (a) Prepare and submit an application, in a form and in the manner 
prescribed by the Administrator, to the Regional Airports Division 
Manager.
    (b) Submit with the application, two copies of an Airport 
Certification Manual prepared in accordance with subpart C of this part.



Sec. 139.105  Inspection authority.

    Each applicant for, or holder of, an Airport Operating Certificate 
must allow the Administrator to make any inspections, including 
unannounced inspections, or tests to determine compliance with 49 U.S.C. 
44706 and the requirements of this part.



Sec. 139.107  Issuance of certificate.

    An applicant for an Airport Operating Certificate is entitled to a 
certificate if--
    (a) The applicant provides written documentation that air carrier 
service will begin on a date certain.
    (b) The applicant meets the provisions of Sec. 139.103.
    (c) The Administrator, after investigation, finds the applicant is 
properly and adequately equipped and able to provide a safe airport 
operating environment in accordance with--
    (1) Any limitation that the Administrator finds necessary to ensure 
safety in air transportation.
    (2) The requirements of the Airport Certification Manual, as 
specified under Sec. 139.203.
    (3) Any other provisions of this part that the Administrator finds 
necessary to ensure safety in air transportation.
    (d) The Administrator approves the Airport Certification Manual.



Sec. 139.109  Duration of certificate.

    An Airport Operating Certificate issued under this part is effective 
until the certificate holder surrenders it or the certificate is 
suspended or revoked by the Administrator.



Sec. 139.111  Exemptions.

    (a) An applicant or a certificate holder may petition the 
Administrator under 14 CFR part 11, General Rulemaking Procedures, of 
this chapter for an exemption from any requirement of this part.
    (b) Under 49 U.S.C. 44706(c), the Administrator may exempt an 
applicant or a certificate holder that enplanes annually less than one-
quarter of 1 percent of the total number of passengers enplaned at all 
air carrier airports from all, or part, of the aircraft 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.
    (1) Each petition filed under this paragraph must--
    (i) Be submitted in writing at least 120 days before the proposed 
effective date of the exemption;
    (ii) Set forth the text of Sec. Sec. 139.317 or 139.319 from which 
the exemption is sought;
    (iii) Explain the interest of the certificate holder in the action 
requested, including the nature and extent of relief sought; and
    (iv) Contain information, views, or arguments that demonstrate that 
the requirements of Sec. Sec. 139.317 or 139.319 would be unreasonably 
costly, burdensome, or impractical.
    (2) Information, views, or arguments provided under paragraph (b)(1) 
of this

[[Page 855]]

section shall include the following information pertaining to the 
airport for which the Airport Operating Certificate is held:
    (i) An itemized cost to comply with the requirement from which the 
exemption is sought;
    (ii) Current staffing levels;
    (iii) The current annual financial report, such as a single audit 
report or FAA Form 5100-127, Operating and Financial Summary;
    (iv) Annual passenger enplanement data for the previous 12 calendar 
months;
    (v) The type and frequency of air carrier operations served;
    (vi) A history of air carrier service;
    (vii) Anticipated changes to air carrier service;
    (c) Each petition filed under this section must be submitted in 
duplicate to the--
    (1) Regional Airports Division Manager and
    (2) U.S. Department of Transportation's Docket Management System, as 
specified under 14 CFR part 11.



Sec. 139.113  Deviations.

    In emergency conditions requiring immediate action for the 
protection of life or property, the certificate holder may deviate from 
any requirement of subpart D of this part, or the Airport Certification 
Manual, to the extent required to meet that emergency. Each certificate 
holder who deviates from a requirement under this section must, within 
14 days after the emergency, notify the Regional Airports Division 
Manager of the nature, extent, and duration of the deviation. When 
requested by the Regional Airports Division Manager, the certificate 
holder must provide this notification in writing.



                 Subpart C_Airport Certification Manual



Sec. 139.201  General requirements.

    (a) No person may operate an airport subject to this part unless 
that person adopts and complies with an Airport Certification Manual, as 
required under this part, that--
    (1) Has been approved by the Administrator;
    (2) Contains only those items authorized by the Administrator;
    (3) Is in printed form and signed by the certificate holder 
acknowledging the certificate holder's responsibility to operate the 
airport in compliance with the Airport Certification Manual approved by 
the Administrator; and
    (4) Is in a form that is easy to revise and organized in a manner 
helpful to the preparation, review, and approval processes, including a 
revision log. In addition, each page or attachment must include the date 
of the Administrator's initial approval or approval of the latest 
revision.
    (b) Each holder of an Airport Operating Certificate must--
    (1) Keep its Airport Certification Manual current at all times;
    (2) Maintain at least one complete and current copy of its approved 
Airport Certification Manual on the airport, which will be available for 
inspection by the Administrator; and
    (3) Furnish the applicable portions of the approved Airport 
Certification Manual to airport personnel responsible for its 
implementation.
    (c) Each certificate holder must ensure that the Regional Airports 
Division Manager is provided a complete copy of its most current 
approved Airport Certification Manual, as specified under paragraph 
(b)(2) of this section, including any amendments approved under Sec. 
139.205.
    (d) FAA Advisory Circulars contain methods and procedures for the 
development of Airport Certification Manuals that are acceptable to the 
Administrator.



Sec. 139.203  Contents of Airport Certification Manual.

    (a) Except as otherwise authorized by the Administrator, each 
certificate holder must include in the Airport Certification Manual a 
description of operating procedures, facilities and equipment, 
responsibility assignments, and any other information needed by 
personnel concerned with operating the airport in order to comply with 
applicable provisions of subpart D of this part and paragraph (b) of 
this section.
    (b) Except as otherwise authorized by the Administrator, the 
certificate

[[Page 856]]

holder must include in the Airport Certification Manual the following 
elements, as appropriate for its class:

                                 Required Airport Certification Manual Elements
----------------------------------------------------------------------------------------------------------------
                                                                   Airport certificate class
               Manual elements               -------------------------------------------------------------------
                                                  Class I          Class II        Class III         Class IV
----------------------------------------------------------------------------------------------------------------
1. Lines of succession of airport                          X                X                X                X
 operational responsibility.................
2. Each current exemption issued to the                    X                X                X                X
 airport from the requirements of this part.
3. Any limitations imposed by the                          X                X                X                X
 Administrator..............................
4. A grid map or other means of identifying                X                X                X                X
 locations and terrain features on and
 around the airport that are significant to
 emergency operations.......................
5. The location of each obstruction required               X                X                X                X
 to be lighted or marked within the
 airport's area of authority................
6. A description of each movement area                     X                X                X                X
 available for air carriers and its safety
 areas, and each road described in Sec.
 139.319(k) that serves it..................
7. Procedures for avoidance of interruption                X                X                X
 or failure during construction work of
 utilities serving facilities or NAVAIDS
 that support air carrier operations........
8. A description of the system for                         X                X                X                X
 maintaining records, as required under Sec.
   139.301..................................
9. A description of personnel training, as                 X                X                X                X
 required under Sec. 139.303..............
10. Procedures for maintaining the paved                   X                X                X                X
 areas, as required under Sec. 139.305....
11. Procedures for maintaining the unpaved                 X                X                X                X
 areas, as required under Sec. 139.307....
12. Procedures for maintaining the safety                  X                X                X                X
 areas, as required under Sec. 139.309....
13. A plan showing the runway and taxiway                  X                X                X                X
 identification system, including the
 location and inscription of signs, runway
 markings, and holding position markings, as
 required under Sec. 139.311..............
14. A description of, and procedures for                   X                X                X                X
 maintaining, the marking, signs, and
 lighting systems, as required under Sec.
 139.311....................................
15. A snow and ice control plan, as required               X                X                X
 under Sec. 139.313.......................
16. A description of the facilities,                       X                X                X                X
 equipment, personnel, and procedures for
 meeting the aircraft rescue and
 firefighting requirements, in accordance
 with Sec. Sec. 139.315, 139.317 and
 139.319....................................
17. A description of any approved exemption                X                X                X                X
 to aircraft rescue and firefighting
 requirements, as authorized under Sec.
 139.111....................................
18. Procedures for protecting persons and                  X                X                X                X
 property during the storing, dispensing,
 and handling of fuel and other hazardous
 substances and materials, as required under
 Sec. 139.321.............................
19. A description of, and procedures for                   X                X                X                X
 maintaining, the traffic and wind direction
 indicators, as required under Sec.
 139.323....................................
20. An emergency plan as required under Sec. X                X                X                X
   139.325..................................
21. Procedures for conducting the self-                    X                X                X                X
 inspection program, as required under Sec.
  139.327...................................
22. Procedures for controlling pedestrians                 X                X                X
 and ground vehicles in movement areas and
 safety areas, as required under Sec.
 139.329....................................
23. Procedures for obstruction removal,                    X                X                X                X
 marking, or lighting, as required under
 Sec. 139.331.............................
24. Procedures for protection of NAVAIDS, as               X                X                X
 required under Sec. 139.333..............
25. A description of public protection, as                 X                X                X
 required under Sec. 139.335..............
26. Procedures for wildlife hazard                         X                X                X
 management, as required under Sec.
 139.337....................................
27. Procedures for airport condition                       X                X                X                X
 reporting, as required under Sec. 139.339

[[Page 857]]

 
28. Procedures for identifying, marking, and               X                X                X
 lighting constructionand other
 unserviceable areas, as required under Sec.
   139.341..................................
29. Any other item that the Administrator                  X                X                X                X
 finds is necessary to ensure safety in air
 transportation.............................
----------------------------------------------------------------------------------------------------------------


[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31522, June 4, 2004]



Sec. 139.205  Amendment of Airport Certification Manual.

    (a) Under Sec. 139.3, the Regional Airports Division Manager may 
amend any Airport Certification Manual approved under this part, 
either--
    (1) Upon application by the certificate holder or
    (2) On the Regional Airports Division Manager's own initiative, if 
the Regional Airports Division Manager determines that safety in air 
transportation requires the amendment.
    (b) A certificate holder must submit in writing a proposed amendment 
to its Airport Certification Manual to 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 the Regional 
Airports Division Manager.
    (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 Associate Administrator for Airports to reconsider the 
refusal to amend.
    (d) In the case of amendments initiated by the FAA, the Regional 
Airports Division Manager notifies the certificate holder of the 
proposed amendment, in writing, fixing a reasonable period (but not less 
than 7 days) within which the certificate holder may submit written 
information, views, and arguments on the amendment. After considering 
all relevant material presented, the Regional Airports Division Manager 
notifies the certificate holder within 30 days 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 
Associate Administrator for Airports to reconsider the amendment, in 
which case its effective date is stayed pending a decision by the 
Associate Administrator for Airports.
    (e) Notwithstanding the provisions of paragraph (d) of this section, 
if the Regional Airports Division Manager finds there is an emergency 
requiring immediate action with respect to safety in air transportation, 
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 Associate Administrator for Airports to reconsider either 
the finding of an emergency, the amendment itself, or both. This 
petition does not automatically stay the effectiveness of the emergency 
amendment.



                          Subpart D_Operations



Sec. 139.301  Records.

    In a manner authorized by the Administrator, each certificate holder 
must--
    (a) Furnish upon request by the Administrator all records required 
to be maintained under this part.
    (b) Maintain records required under this part as follows:
    (1) Personnel training. Twenty-four consecutive calendar months for 
personnel training records, as required under Sec. Sec. 139.303 and 
139.327.
    (2) Emergency personnel training. Twenty-four consecutive calendar

[[Page 858]]

months for aircraft rescue and firefighting and emergency medical 
service personnel training records, as required under Sec. 139.319.
    (3) Airport fueling agent inspection. Twelve consecutive calendar 
months for records of inspection of airport fueling agents, as required 
under Sec. 139.321.
    (4) Fueling personnel training. Twelve consecutive calendar months 
for training records of fueling personnel, as required under Sec. 
139.321.
    (5) Self-inspection. Twelve consecutive calendar months for self-
inspection records, as required under Sec. 139.327.
    (6) Movement areas and safety areas training. Twenty-four 
consecutive calendar months for records of training given to pedestrians 
and ground vehicle operators with access to movement areas and safety 
areas, as required under Sec. 139.329.
    (7) Accident and incident. Twelve consecutive calendar months for 
each accident or incident in movement areas and safety areas involving 
an air carrier aircraft and/or ground vehicle, as required under Sec. 
139.329.
    (8) Airport condition. Twelve consecutive calendar months for 
records of airport condition information dissemination, as required 
under Sec. 139.339.
    (c) Make and maintain any additional records required by the 
Administrator, this part, and the Airport Certification Manual.



Sec. 139.303  Personnel.

    In a manner authorized by the Administrator, each certificate holder 
must--
    (a) Provide sufficient and qualified personnel to comply with the 
requirements of its Airport Certification Manual and the requirements of 
this part.
    (b) Equip personnel with sufficient resources needed to comply with 
the requirements of this part.
    (c) Train all personnel who access movement areas and safety areas 
and perform duties in compliance with the requirements of the Airport 
Certification Manual and the requirements of this part. This training 
must be completed prior to the initial performance of such duties and at 
least once every 12 consecutive calendar months. The curriculum for 
initial and recurrent training must include at least the following 
areas:
    (1) Airport familiarization, including airport marking, lighting, 
and signs system.
    (2) Procedures for access to, and operation in, movement areas and 
safety areas, as specified under Sec. 139.329.
    (3) Airport communications, including radio communication between 
the air traffic control tower and personnel, use of the common traffic 
advisory frequency if there is no air traffic control tower or the tower 
is not in operation, and procedures for reporting unsafe airport 
conditions.
    (4) Duties required under the Airport Certification Manual and the 
requirements of this part.
    (5) Any additional subject areas required under Sec. Sec. 139.319, 
139.321, 139.327, 139.329, 139.337, and 139.339, as appropriate.
    (d) Make a record of all training completed after June 9, 2004 by 
each individual in compliance with this section that includes, at a 
minimum, a description and date of training received. Such records must 
be maintained for 24 consecutive calendar months after completion of 
training.
    (e) As appropriate, comply with the following training requirements 
of this part:
    (1) Sec. 139.319, Aircraft rescue and firefighting: Operational 
requirements;
    (2) Sec. 139.321, Handling and storage of hazardous substances and 
materials;
    (3) Sec. 139.327, Self-inspection program;
    (4) Sec. 139.329, Pedestrians and Ground Vehicles;
    (5) Sec. 139.337, Wildlife hazard management; and
    (6) Sec. 139.339, Airport condition reporting.
    (f) Use an independent organization, or designee, to comply with the 
requirements of its Airport Certification Manual and the requirements of 
this part only if--
    (1) Such an arrangement is authorized by the Administrator;
    (2) A description of responsibilities and duties that will be 
assumed by an independent organization or designee is specified in the 
Airport Certification Manual; and
    (3) The independent organization or designee prepares records 
required

[[Page 859]]

under this part in sufficient detail to assure the certificate holder 
and the Administrator of adequate compliance with the Airport 
Certification Manual and the requirements of this part.

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31522, June 4, 2004]



Sec. 139.305  Paved areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder must maintain, and promptly repair the pavement of, each runway, 
taxiway, loading ramp, and parking area on the airport that is available 
for air carrier use as follows:
    (1) The pavement edges must not exceed 3 inches difference in 
elevation between abutting pavement sections and between pavement and 
abutting areas.
    (2) The pavement must 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 must be free of cracks and surface variations that 
could impair directional control of air carrier aircraft, including any 
pavement crack or surface deterioration that produces loose aggregate or 
other contaminants.
    (4) Except as provided in paragraph (b) of this section, mud, dirt, 
sand, loose aggregate, debris, foreign objects, rubber deposits, and 
other contaminants must 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 must be removed 
as soon as possible, consistent with the instructions of the 
manufacturer of the solvent.
    (6) The pavement must 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 contain methods and procedures for the 
maintenance and configuration of paved areas that are acceptable to the 
Administrator.

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31522, June 4, 2004]



Sec. 139.307  Unpaved areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder must maintain and promptly repair the surface of each gravel, 
turf, or other unpaved runway, taxiway, or loading ramp and parking area 
on the airport that is available for air carrier use as follows:
    (1) No slope from the edge of the full-strength surfaces downward to 
the existing terrain must be steeper than 2:1.
    (2) The full-strength surfaces must have adequate crown or grade to 
assure sufficient drainage to prevent ponding.
    (3) The full-strength surfaces must be adequately compacted and 
sufficiently stable to prevent rutting by aircraft or the loosening or 
build-up of surface material, which could impair directional control of 
aircraft or drainage.
    (4) The full-strength surfaces must have no holes or depressions 
that 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 must be promptly removed from the 
surface.
    (b) FAA Advisory Circulars contain methods and procedures for the 
maintenance and configuration of unpaved areas that are acceptable to 
the Administrator.



Sec. 139.309  Safety areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder must provide and maintain, for each runway and taxiway that is 
available for air carrier use, a safety area of at least the dimensions 
that--
    (1) Existed on December 31, 1987, 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; or
    (2) Are authorized by the Administrator at the time the 
construction, reconstruction, or expansion began if

[[Page 860]]

construction, reconstruction, or significant expansion of the runway or 
taxiway began on or after January 1, 1988.
    (b) Each certificate holder must maintain its safety areas as 
follows:
    (1) Each safety area must be cleared and graded and have no 
potentially hazardous ruts, humps, depressions, or other surface 
variations.
    (2) Each safety area must be drained by grading or storm sewers to 
prevent water accumulation.
    (3) Each safety area must be capable under dry conditions of 
supporting snow removal and aircraft rescue and firefighting equipment 
and of supporting the occasional passage of aircraft without causing 
major damage to the aircraft.
    (4) No objects 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 must 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 contain methods and procedures for the 
configuration and maintenance of safety areas acceptable to the 
Administrator.



Sec. 139.311  Marking, signs, and lighting.

    (a) Marking. Each certificate holder must provide and maintain 
marking systems for air carrier operations on the airport that are 
authorized by the Administrator and consist of at least the following:
    (1) Runway markings meeting the specifications for takeoff and 
landing minimums for each runway.
    (2) A taxiway centerline.
    (3) Taxiway edge markings, as appropriate.
    (4) Holding position markings.
    (5) Instrument landing system (ILS) critical area markings.
    (b) Signs. (1) Each certificate holder must provide and maintain 
sign systems for air carrier operations on the airport that are 
authorized by the Administrator and consist of at least the following:
    (i) Signs identifying taxiing routes on the movement area.
    (ii) Holding position signs.
    (iii) Instrument landing system (ILS) critical area signs.
    (2) Unless otherwise authorized by the Administrator, the signs 
required by paragraph (b)(1) of this section must be internally 
illuminated at each Class I, II, and IV airport.
    (3) Unless otherwise authorized by the Administrator, the signs 
required by paragraphs (b)(1)(ii) and (b)(1)(iii) of this section must 
be internally illuminated at each Class III airport.
    (c) Lighting. Each certificate holder must provide and maintain 
lighting systems for air carrier operations when the airport is open at 
night, during conditions below visual flight rules (VFR) minimums, or in 
Alaska, during periods in which a prominent unlighted object cannot be 
seen from a distance of 3 statute miles or the sun is more than six 
degrees below the horizon. These lighting systems must be authorized by 
the Administrator and consist of at least the following:
    (1) Runway lighting that meets the specifications for takeoff and 
landing minimums, as authorized by the Administrator, for each runway.
    (2) One of the following taxiway lighting systems:
    (i) Centerline lights.
    (ii) Centerline reflectors.
    (iii) Edge lights.
    (iv) Edge reflectors.
    (3) An airport beacon.
    (4) Approach lighting that meets the specifications for takeoff and 
landing minimums, as authorized by the Administrator, for each runway, 
unless provided and/or maintained by an entity other than the 
certificate holder.
    (5) Obstruction marking and lighting, as appropriate, on each object 
within its authority that has been determined by the FAA to be an 
obstruction.
    (d) Maintenance. Each certificate holder must properly maintain each 
marking, sign, or lighting system installed and operated on the airport. 
As used in this section, to ``properly maintain'' includes cleaning, 
replacing, or repairing any faded, missing, or nonfunctional item; 
keeping each item unobscured and clearly visible; and ensuring that each 
item provides an accurate reference to the user.

[[Page 861]]

    (e) Lighting interference. Each certificate holder must 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.
    (f) Standards. FAA Advisory Circulars contain methods and procedures 
for the equipment, material, installation, and maintenance of marking, 
sign, and lighting systems listed in this section that are acceptable to 
the Administrator.
    (g) Implementation. The sign systems required under paragraph (b)(3) 
of this section must be implemented by each holder of a Class III 
Airport Operating Certificate not later than 36 consecutive calendar 
months after June 9, 2004.



Sec. 139.313  Snow and ice control.

    (a) As determined by the Administrator, each certificate holder 
whose airport is located where snow and icing conditions occur must 
prepare, maintain, and carry out a snow and ice control plan in a manner 
authorized by the Administrator.
    (b) The snow and ice control plan required by this section must 
include, at a minimum, 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 the movement area surfaces so all air 
carrier aircraft propellers, engine pods, rotors, and wing tips will 
clear any snowdrift and snowbank as the aircraft's landing gear 
traverses any portion of the movement area;
    (3) Selection and application of authorized 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 contain methods and procedures for snow 
and ice control equipment, materials, and removal that are acceptable to 
the Administrator.



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 and
    (2) Average daily departures of air carrier aircraft.
    (b) For the purpose of Index determination, air carrier aircraft 
lengths are grouped as follows:
    (1) Index A includes aircraft less than 90 feet in length.
    (2) Index B includes aircraft at least 90 feet but less than 126 
feet in length.
    (3) Index C includes aircraft at least 126 feet but less than 159 
feet in length.
    (4) Index D includes aircraft at least 159 feet but less than 200 
feet in length.
    (5) Index E includes aircraft at least 200 feet in length.
    (c) Except as provided in Sec. 139.319(c), if there are five or 
more average daily departures of air carrier aircraft in a single Index 
group serving that airport, the longest aircraft with an average of five 
or more daily departures determines the Index required for the airport. 
When there are fewer than five average daily departures of the longest 
air carrier aircraft serving the airport, the Index required for the 
airport will be the next lower Index group than the Index group 
prescribed for the longest aircraft.
    (d) The minimum designated index shall be Index A.
    (e) A holder of a Class III Airport Operating Certificate may comply 
with this section by providing a level of safety comparable to Index A 
that is approved by the Administrator. Such alternate compliance must be 
described in the ACM and must include:
    (1) Pre-arranged firefighting and emergency medical response 
procedures, including agreements with responding services.
    (2) Means for alerting firefighting and emergency medical response 
personnel.

[[Page 862]]

    (3) Type of rescue and firefighting equipment to be provided.
    (4) Training of responding firefighting and emergency medical 
personnel on airport familiarization and communications.

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31522, June 4, 2004]



Sec. 139.317  Aircraft rescue and firefighting: Equipment and agents.

    Unless otherwise authorized by the Administrator, 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, halon 1211, or clean 
agent; 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 application.
    (b) Index B. Either of the following:
    (1) One vehicle carrying at least 500 pounds of sodium-based dry 
chemical, halon 1211, or clean agent 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 
paragraphs (a)(1) or (a)(2) of this section; and
    (ii) One vehicle carrying an amount of water and the commensurate 
quantity of AFFF so 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 (a)(2) of this section; and
    (ii) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so 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 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 
paragraphs (a)(1) or (a)(2) of this section; and
    (2) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so 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 
paragraphs (a)(1) or (a)(2) of this section; and
    (2) Two vehicles carrying an amount of water and the commensurate 
quantity of AFFF so the total quantity of water for foam production 
carried by all three vehicles is at least 6,000 gallons.
    (f) 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 must be 
equipped with a turret. Vehicle turret discharge capacity must be as 
follows:
    (1) Each vehicle with a minimum-rated vehicle water tank capacity of 
at least 500 gallons, but less than 2,000 gallons, must 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 must have a turret discharge rate of at least 600 
gallons per minute, but not more than 1,200 gallons per minute.
    (g) Agent discharge capacity. Each aircraft rescue and firefighting 
vehicle that is required to carry dry chemical, halon 1211, or clean 
agent 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, halon 1211, or clean agent through a hand line--5 
pounds per second.
    (2) Dry chemical, halon 1211, or clean agent through a turret--16 
pounds per second.

[[Page 863]]

    (h) Extinguishing agent substitutions. Other extinguishing agent 
substitutions authorized by the Administrator may be made in amounts 
that provide equivalent firefighting capability.
    (i) AFFF quantity requirements. In addition to the quantity of water 
required, each vehicle required to carry AFFF must carry AFFF in an 
appropriate amount to mix with twice the water required to be carried by 
the vehicle.
    (j) Methods and procedures. FAA Advisory Circulars contain methods 
and procedures for ARFF equipment and extinguishing agents that are 
acceptable to the Administrator.
    (k) Implementation. Each holder of a Class II, III, or IV Airport 
Operating Certificate must implement the requirements of this section no 
later than 36 consecutive calendar months after June 9, 2004.

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31523, June 4, 2004]



Sec. 139.319  Aircraft rescue and firefighting: Operational requirements.

    (a) Rescue and firefighting capability. Except as provided in 
paragraph (c) of this section, each certificate holder must provide on 
the airport, during air carrier operations at the airport, at least the 
rescue and firefighting capability specified for the Index required by 
Sec. 139.317 in a manner authorized by the Administrator.
    (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 must 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) Procedures for reduction in capability. 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, 
must 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 must be equipped with two-way voice radio communications that 
provide for contact with at least--
    (1) All other required emergency vehicles;
    (2) The air traffic control tower;
    (3) The common traffic advisory frequency when an air traffic 
control tower is not in operation or there is no air traffic control 
tower, and
    (4) Fire stations, as specified in the airport emergency plan.
    (f) Vehicle marking and lighting. Each vehicle required under Sec. 
139.317 must--
    (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) Vehicle readiness. Each vehicle required under Sec. 139.317 
must be maintained as follows:
    (1) The vehicle and its systems must 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 must be 
provided with cover or other means to ensure equipment operation and 
discharge under freezing conditions.
    (3) Any required vehicle that becomes inoperative to the extent that 
it cannot perform as required by paragraph (g)(1) of this section must 
be replaced immediately with equipment having at

[[Page 864]]

least equal capabilities. If replacement equipment is not available 
immediately, the certificate holder must 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, must limit air carrier operations on 
the airport to those compatible with the Index corresponding to the 
remaining operative rescue and firefighting equipment.
    (h) Response requirements. (1) With the aircraft rescue and 
firefighting equipment required under this part and the number of 
trained personnel that will assure an effective operation, each 
certificate holder must--
    (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 (h)(1)(ii) of this section 
must achieve the following performance criteria:
    (i) Within 3 minutes from the time of the alarm, at least one 
required aircraft rescue and firefighting vehicle must 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 that is available to air carriers, and begin 
application of extinguishing agent.
    (ii) Within 4 minutes from the time of alarm, all other required 
vehicles must reach the point specified in paragraph (h)(2)(i) of this 
section from their assigned posts and begin application of an 
extinguishing agent.
    (i) Personnel. Each certificate holder must ensure the following:
    (1) All rescue and firefighting personnel are equipped in a manner 
authorized by 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 authorized by the Administrator. Such 
personnel must be trained prior to initial performance of rescue and 
firefighting duties and receive recurrent instruction every 12 
consecutive calendar months. The curriculum for initial and recurrent 
training must include at least the following areas:
    (i) Airport familiarization, including airport signs, marking, and 
lighting.
    (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, including hazardous materials/dangerous 
goods incidents.
    (xi) Familiarization with firefighters' duties under the airport 
emergency plan.
    (3) All rescue and firefighting personnel must participate in at 
least one live-fire drill prior to initial performance of rescue and 
firefighting duties and every 12 consecutive calendar months thereafter.
    (4) At least one individual, who has been trained and is current in 
basic emergency medical services, is available during air carrier 
operations. This individual must be trained prior to initial performance 
of emergency medical services. Training must be at a minimum 40 hours in 
length and cover the following topics:
    (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) A record is maintained of all training given to each individual 
under this section for 24 consecutive calendar

[[Page 865]]

months after completion of training. Such records must include, at a 
minimum, a description and date of training received.
    (6) Sufficient rescue and firefighting personnel are available 
during all air carrier operations to operate the vehicles, meet the 
response times, and meet the minimum agent discharge rates required by 
this part.
    (7) Procedures and equipment are established and maintained for 
alerting rescue and firefighting personnel by siren, alarm, or other 
means authorized by the Administrator to any existing or impending 
emergency requiring their assistance.
    (j) Hazardous materials guidance. Each aircraft rescue and 
firefighting vehicle responding to an emergency on the airport must be 
equipped with, or have available through a direct communications link, 
the ``North American Emergency Response Guidebook'' published by the 
U.S. Department of Transportation or similar response guidance to 
hazardous materials/dangerous goods incidents. Information on obtaining 
the ``North American Emergency Response Guidebook'' is available from 
the Regional Airports Division Manager.
    (k) Emergency access roads. Each certificate holder must ensure that 
roads 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.
    (l) Methods and procedures. FAA Advisory Circulars contain methods 
and procedures for aircraft rescue and firefighting and emergency 
medical equipment and training that are acceptable to the Administrator.
    (m) Implementation. Each holder of a Class II, III, or IV Airport 
Operating Certificate must implement the requirements of this section no 
later than 36 consecutive calendar months after June 9, 2004.

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 139-26, 69 FR 
31523, June 4, 2004]



Sec. 139.321  Handling and storing of hazardous substances and materials.

    (a) Each certificate holder who acts as a cargo handling agent must 
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 171 through 
180) that is, or is intended to be, transported by air. These procedures 
must provide for at least the following:
    (1) Designated personnel to receive and handle hazardous substances 
and materials.
    (2) Assurance from the shipper that the cargo can be handled safely, 
including any special handling procedures required for safety.
    (3) Special areas for storage of hazardous materials while on the 
airport.
    (b) Each certificate holder must establish and maintain standards 
authorized by the Administrator for protecting against fire and 
explosions in storing, dispensing, and otherwise handling fuel (other 
than articles and materials that are, or are intended to be, aircraft 
cargo) on the airport. These standards must cover facilities, 
procedures, and personnel training and must address at least the 
following:
    (1) 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) Training of fueling personnel in fire safety in accordance with 
paragraph (e) of this section. Such training at Class III airports must 
be completed within 12 consecutive calendar months after June 9, 2004.
    (7) The fire code of the public body having jurisdiction over the 
airport.
    (c) Each certificate holder must, as a fueling agent, comply with, 
and require all other fueling agents operating on the airport to comply 
with, the standards established under paragraph (b) of this section and 
must perform reasonable surveillance of all fueling activities on the 
airport with respect to those standards.
    (d) Each certificate holder must inspect the physical facilities of 
each airport tenant fueling agent at least once every 3 consecutive 
months for compliance with paragraph (b) of this section

[[Page 866]]

and maintain a record of that inspection for at least 12 consecutive 
calendar months.
    (e) The training required in paragraph (b)(6) of this section must 
include at least the following:
    (1) At least one supervisor with each fueling agent must have 
completed an aviation fuel training course in fire safety that is 
authorized by the Administrator. Such an individual must be trained 
prior to initial performance of duties, or enrolled in an authorized 
aviation fuel training course that will be completed within 90 days of 
initiating duties, and receive recurrent instruction at least every 24 
consecutive calendar months.
    (2) All other employees who fuel aircraft, accept fuel shipments, or 
otherwise handle fuel must receive at least initial on-the-job training 
and recurrent instruction every 24 consecutive calendar months in fire 
safety from the supervisor trained in accordance with paragraph (e)(1) 
of this section.
    (f) Each certificate holder must obtain a written confirmation once 
every 12 consecutive calendar months from each airport tenant fueling 
agent that the training required by paragraph (e) of this section has 
been accomplished. This written confirmation must be maintained for 12 
consecutive calendar months.
    (g) Unless otherwise authorized by the Administrator, each 
certificate holder must 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 must 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) FAA Advisory Circulars contain methods and procedures for the 
handling and storage of hazardous substances and materials that are 
acceptable to the Administrator.



Sec. 139.323  Traffic and wind direction indicators.

    In a manner authorized by the Administrator, each certificate holder 
must provide and maintain the following on its airport:
    (a) A wind cone that visually provides surface wind direction 
information to pilots. For each runway available for air carrier use, a 
supplemental wind cone must be installed at the end of the runway 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 at 
night, the wind direction indicators, including the required 
supplemental indicators, must be lighted.
    (b) For airports serving any air carrier operation when there is no 
control tower operating, a segmented circle, a landing strip indicator 
and a traffic pattern indicator must be installed around a wind cone for 
each runway with a right-hand traffic pattern.
    (c) FAA Advisory Circulars contain methods and procedures for the 
installation, lighting, and maintenance of traffic and wind indicators 
that are acceptable to the Administrator.



Sec. 139.325  Airport emergency plan.

    (a) In a manner authorized by the Administrator, each certificate 
holder must 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--
    (1) Include procedures for prompt response to all emergencies listed 
in paragraph (b) of this section, including a communications network;
    (2) Contain sufficient detail to provide adequate guidance to each 
person who must implement these procedures; and
    (3) To the extent practicable, provide for an emergency response for 
the largest air carrier aircraft in the Index group required under Sec. 
139.315.
    (b) The plan required by this section must contain instructions for 
response to--
    (1) Aircraft incidents and accidents;
    (2) Bomb incidents, including designation of parking areas for the 
aircraft involved;
    (3) Structural fires;
    (4) Fires at fuel farms or fuel storage areas;
    (5) Natural disaster;

[[Page 867]]

    (6) Hazardous materials/dangerous goods incidents;
    (7) Sabotage, hijack incidents, and other unlawful interference with 
operations;
    (8) Failure of power for movement area lighting; and
    (9) Water rescue situations, as appropriate.
    (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 who have agreed 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 (3) of this section will provide to transport 
injured and deceased persons to locations on the airport and in the 
communities it serves;
    (5) A list of 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) Plans for crowd control, including 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) Procedures for removing 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 or notification systems; and
    (4) Coordination of airport and control tower functions relating to 
emergency actions, as appropriate.
    (e) The plan required by this section must 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 becomes available.
    (f) The plan required by this section must 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 that 
are crossed by the approach and departure flight paths of air carriers. 
A body of water or marshland 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 must 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 in 
the Index group required under Sec. 139.315.
    (g) Each certificate holder must--
    (1) Coordinate the plan with law enforcement agencies, rescue and 
firefighting 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; and
    (4) At least once every 12 consecutive calendar months, review the 
plan with

[[Page 868]]

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.
    (h) Each holder of a Class I Airport Operating Certificate must hold 
a full-scale airport emergency plan exercise at least once every 36 
consecutive calendar months.
    (i) Each airport subject to applicable FAA and Transportation 
Security Administration security regulations must ensure that 
instructions for response to paragraphs (b)(2) and (b)(7) of this 
section in the airport emergency plan are consistent with its approved 
airport security program.
    (j) FAA Advisory Circulars contain methods and procedures for the 
development of an airport emergency plan that are acceptable to the 
Administrator.
    (k) The emergency plan required by this section must be submitted by 
each holder of a Class II, III, or IV Airport Operating Certificate no 
later than 24 consecutive calendar months after June 9, 2004.



Sec. 139.327  Self-inspection program.

    (a) In a manner authorized by the Administrator, each certificate 
holder must inspect the airport to assure compliance with this subpart 
according to the following schedule:
    (1) Daily, except as otherwise required by the Airport Certification 
Manual;
    (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 must 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 the certificate holder's personnel 
and air carriers; and
    (3) Procedures to ensure qualified personnel perform the 
inspections. Such procedures must ensure personnel are trained, as 
specified under Sec. 139.303, and receive initial and recurrent 
instruction every 12 consecutive calendar months in at least the 
following areas:
    (i) Airport familiarization, including airport signs, marking and 
lighting.
    (ii) Airport emergency plan.
    (iii) Notice to Airmen (NOTAM) notification procedures.
    (iv) Procedures for pedestrians and ground vehicles in movement 
areas and safety areas.
    (v) Discrepancy reporting procedures; and
    (4) A reporting system to ensure prompt correction of unsafe airport 
conditions noted during the inspection, including wildlife strikes.
    (c) Each certificate holder must--
    (1) Prepare, and maintain for at least 12 consecutive calendar 
months, a record of each inspection prescribed by this section, showing 
the conditions found and all corrective actions taken.
    (2) Prepare records of all training given after June 9, 2004 to each 
individual in compliance with this section that includes, at a minimum, 
a description and date of training received. Such records must be 
maintained for 24 consecutive calendar months after completion of 
training.
    (d) FAA Advisory Circulars contain methods and procedures for the 
conduct of airport self-inspections that are acceptable to the 
Administrator.



Sec. 139.329  Pedestrians and ground vehicles.

    In a manner authorized by the Administrator, each certificate holder 
must--
    (a) Limit access to movement areas and safety areas only to those 
pedestrians and ground vehicles necessary for airport operations;
    (b) Establish and implement procedures for the safe and orderly 
access to, and operation in, movement areas and safety areas by 
pedestrians and 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 pedestrian and ground vehicle in movement areas or safety areas is 
controlled by one of the following:

[[Page 869]]

    (1) Two-way radio communications between each pedestrian or vehicle 
and the tower;
    (2) An escort with two-way radio communications with the tower 
accompanying any pedestrian or vehicle without a radio; or
    (3) Measures authorized by the Administrator for controlling 
pedestrians and vehicles, such as signs, signals, or guards, when it is 
not operationally practical to have two-way radio communications between 
the tower and the pedestrian, vehicle, or escort;
    (d) When an air traffic control tower is not in operation, or there 
is no air traffic control tower, provide adequate procedures to control 
pedestrians and ground vehicles in movement areas or safety areas 
through two-way radio communications or prearranged signs or signals;
    (e) Ensure that each employee, tenant, or contractor is trained on 
procedures required under paragraph (b) of this section, including 
consequences of noncompliance, prior to moving on foot, or operating a 
ground vehicle, in movement areas or safety areas; and
    (f) Maintain the following records:
    (1) A description and date of training completed after June 9, 2004 
by each individual in compliance with this section. A record for each 
individual must be maintained for 24 consecutive months after the 
termination of an individual's access to movement areas and safety 
areas.
    (2) A description and date of any accidents or incidents in the 
movement areas and safety areas involving air carrier aircraft, a ground 
vehicle or a pedestrian. Records of each accident or incident occurring 
after the June 9, 2004 must be maintained for 12 consecutive calendar 
months from the date of the accident or incident.



Sec. 139.331  Obstructions.

    In a manner authorized by the Administrator, each certificate holder 
must ensure that each object in each area within its authority that has 
been determined by the FAA to be an obstruction is removed, marked, or 
lighted, unless determined to be unnecessary by an FAA aeronautical 
study. FAA Advisory Circulars contain methods and procedures for the 
lighting of obstructions that are acceptable to the Administrator.



Sec. 139.333  Protection of NAVAIDS.

    In a manner authorized by the Administrator, each certificate holder 
must--
    (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) In a manner authorized by the Administrator, each certificate 
holder must provide--
    (1) Safeguards 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 that meets the requirements of applicable FAA and 
Transportation Security Administration security regulations in areas 
subject to these regulations is acceptable for meeting the requirements 
of paragraph (a)(l) of this section.



Sec. 139.337  Wildlife hazard management.

    (a) In accordance with its Airport Certification Manual and the 
requirements of this section, each certificate holder must take 
immediate action to alleviate wildlife hazards whenever they are 
detected.
    (b) In a manner authorized by the Administrator, each certificate 
holder must ensure that a wildlife hazard assessment is conducted when 
any of the following events occurs on or near the airport:
    (1) An air carrier aircraft experiences multiple wildlife strikes;
    (2) An air carrier aircraft experiences substantial damage from 
striking wildlife. As used in this paragraph, substantial damage means 
damage or

[[Page 870]]

structural failure incurred by an aircraft that adversely affects the 
structural strength, performance, or flight characteristics of the 
aircraft and that would normally require major repair or replacement of 
the affected component;
    (3) An air carrier aircraft experiences an engine ingestion of 
wildlife; or
    (4) Wildlife of a size, or in numbers, capable of causing an event 
described in paragraphs (b)(1), (b)(2), or (b)(3) of this section is 
observed to have access to any airport flight pattern or aircraft 
movement area.
    (c) The wildlife hazard assessment required in paragraph (b) of this 
section must be conducted by a wildlife damage management biologist who 
has professional training and/or experience in wildlife hazard 
management at airports or an individual working under direct supervision 
of such an individual. The wildlife hazard assessment must contain at 
least the following:
    (1) An analysis of the events or circumstances that prompted the 
assessment.
    (2) Identification of the wildlife species observed and their 
numbers, locations, local movements, and daily and seasonal occurrences.
    (3) Identification and location of features on and near the airport 
that attract wildlife.
    (4) A description of wildlife hazards to air carrier operations.
    (5) Recommended actions for reducing identified wildlife hazards to 
air carrier operations.
    (d) The wildlife hazard assessment required under paragraph (b) of 
this section must be submitted to the Administrator for approval and 
determination of the need for a wildlife hazard management plan. In 
reaching this determination, the Administrator will consider--
    (1) The wildlife hazard assessment;
    (2) Actions recommended in the wildlife hazard assessment to reduce 
wildlife hazards;
    (3) The aeronautical activity at the airport, including the 
frequency and size of air carrier aircraft;
    (4) The views of the certificate holder;
    (5) The views of the airport users; and
    (6) Any other known factors relating to the wildlife hazard of which 
the Administrator is aware.
    (e) When the Administrator determines that a wildlife hazard 
management plan is needed, the certificate holder must formulate and 
implement a plan using the wildlife hazard assessment as a basis. The 
plan must--
    (1) Provide measures to alleviate or eliminate wildlife hazards to 
air carrier operations;
    (2) Be submitted to, and approved by, the Administrator prior to 
implementation; and
    (3) As authorized by the Administrator, become a part of the Airport 
Certification Manual.
    (f) The plan must include at least the following:
    (1) A list of the individuals having authority and responsibility 
for implementing each aspect of the plan.
    (2) A list prioritizing the following actions identified in the 
wildlife hazard assessment and target dates for their initiation and 
completion:
    (i) Wildlife population management;
    (ii) Habitat modification; and
    (iii) Land use changes.
    (3) Requirements for and, where applicable, copies of local, State, 
and Federal wildlife control permits.
    (4) Identification of resources that the certificate holder will 
provide to implement the plan.
    (5) Procedures to be followed during air carrier operations that at 
a minimum includes--
    (i) Designation of personnel responsible for implementing the 
procedures;
    (ii) Provisions to conduct physical inspections of the aircraft 
movement areas and other areas critical to successfully manage known 
wildlife hazards before air carrier operations begin;
    (iii) Wildlife hazard control measures; and
    (iv) Ways to communicate effectively between personnel conducting 
wildlife control or observing wildlife hazards and the air traffic 
control tower.
    (6) Procedures to review and evaluate the wildlife hazard management 
plan every 12 consecutive months or following an event described in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section, including:

[[Page 871]]

    (i) The plan's effectiveness in dealing with known wildlife hazards 
on and in the airport's vicinity and
    (ii) Aspects of the wildlife hazards described in the wildlife 
hazard assessment that should be reevaluated.
    (7) A training program conducted by a qualified wildlife damage 
management biologist to provide airport personnel with the knowledge and 
skills needed to successfully carry out the wildlife hazard management 
plan required by paragraph (d) of this section.
    (g) FAA Advisory Circulars contain methods and procedures for 
wildlife hazard management at airports that are acceptable to the 
Administrator.



Sec. 139.339  Airport condition reporting.

    In a manner authorized by the Administrator, each certificate holder 
must--
    (a) Provide for the collection and dissemination of airport 
condition information to air carriers.
    (b) In complying with paragraph (a) of this section, use the NOTAM 
system, as appropriate, and other systems and procedures authorized by 
the Administrator.
    (c) In complying with paragraph (a) of this section, provide 
information on the following airport conditions that 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, safety 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, holding position signs, or 
ILS critical area signs 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 Sec. Sec. 139.317 or 139.319.
    (9) Any other condition as specified in the Airport Certification 
Manual or that may otherwise adversely affect the safe operations of air 
carriers.
    (d) Each certificate holder must prepare and keep, for at least 12 
consecutive calendar months, a record of each dissemination of airport 
condition information to air carriers prescribed by this section.
    (e) FAA Advisory Circulars contain methods and procedures for using 
the NOTAM system and the dissemination of airport information that are 
acceptable to the Administrator.



Sec. 139.341  Identifying, marking, and lighting construction and 
other unserviceable areas.

    (a) In a manner authorized by the Administrator, each certificate 
holder must--
    (1) Mark and, if appropriate, light in a manner authorized by the 
Administrator--
    (i) Each construction area and unserviceable area that 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 contain methods and procedures for 
identifying and marking construction areas that 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 must limit air carrier operations to those portions of the 
airport not rendered unsafe by those conditions.


[[Page 873]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 875]]

            Material Approved for Incorporation by Reference

                     (Revised as of January 1, 2005)

  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 (PARTS 60-139)


American Society for Testing and Materials

  100 Barr Harbor Drive, West Conshohocken, PA 
  19428-2959, Telephone (610) 832-9585, FAX (610) 
  832-9555
ASTM F792-82 Design and Use of Ionizing Radiation         108.17; 129.26
  Equipment for the Detection of Items Prohibited 
  in Controlled Access Areas.
ASTM F792-88 (Reapproved 1993) Standard Practice                 108.209
  for Design and Use of Ionizing Radiation 
  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 7400.9M, Airspace Designations and                        71.1
  Reporting Points, dated August 30, 2004 and 
  effective September 16, 2004 through September 
  15, 2005 (Copies may be obtained from the 
  Airspace and Rules Division, ATA-400, Federal 
  Aviation Administration, Office of the Chief 
  Counsel, AGC-200, 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).


Federal Aviation Administration, Department of Transportation

  Flight Technologies and Procedures Division 
  (AFS-420), 6500 S. MacArthur Boulevard, Oklahoma 
  City, OK
FAA Order 8260.3B: U.S. Standard for Terminal                      97.20
  Instrument Procedures (TERPS), July 7, 1976.
FAA Order 8260.19C: Flight Procedures and                          97.20
Airspace, September 16, 1993.
[[Page 876]]

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).


P & W Aircraft Co.

  400 E. Main St., East Hartford, CT 06108
Engineering Change No. 197707.....................    Part 91, SFAR 27, 
                                                              Sec. 14(b)
SB 2417...........................................    Part 91, SFAR 27, 
                                                              Sec. 14(b)
SB 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 877]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2005)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  [Reserved]
        II  Office of Management and Budget Circulars and Guidance 
                [Reserved]
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements [Reserved]


                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   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)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      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)

[[Page 878]]

        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 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      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)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      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)
       LXI  National Labor Relations Board (Part 7101)
      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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)

[[Page 879]]

     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)

[[Page 880]]

      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 the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    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)
    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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)

[[Page 881]]

       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      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)
        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  Department of the Treasury (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)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    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)

[[Page 882]]

       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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 Industry and Security, 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
        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)

[[Page 883]]

          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  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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)
        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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)

[[Page 884]]

        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (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)
       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)

                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)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         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]

[[Page 885]]

       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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         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 (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

[[Page 886]]

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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 Standards, 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  Employee Benefits Security 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)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)

[[Page 887]]

        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 888]]

        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)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)

[[Page 889]]

        II  Copyright Office, Library of Congress (Parts 200--299)
        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--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          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 Service, 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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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)

[[Page 890]]

            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
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) 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 (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, 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--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (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 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare

[[Page 891]]

        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  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        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)

[[Page 892]]

       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  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  RESERVED
        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)

[[Page 893]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        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 Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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)

[[Page 894]]

         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
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 895]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2005)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 896]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  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, United States      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
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 897]]

  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
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 898]]

  Trade Representative, Office of the United      15, XX
       States
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
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
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 Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of 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
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 899]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) 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
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 900]]

  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
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  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
  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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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 Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 901]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
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 Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 902]]

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
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        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 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
  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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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; 28, XI
  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

[[Page 903]]

Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  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
  Federal Motor Carrier Safety Administration     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
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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 905]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, 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, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

14 CFR
                                                                   66 FR
                                                                    Page
Chapter I
61 Technical correction............................................31145
    SFAR No. 93 added..............................................52279
63 Technical correction............................................31145
    SFAR No. 93 added..............................................52279
65 Technical correction............................................31145
65.95 (a)(1) amended...............................................21066
65.111 (a) and (b) revised.........................................23553
65.125 (a)(2) and (b)(2) revised...................................23553
71.1...............................................................1832,
2214, 2802, 6457, 6458, 6459, 8169--8172, 8174, 8358, 8359, 8360, 8362, 
8363, 8365, 9911, 9912, 9913, 10190, 10812, 10813, 11231, 11530, 11531, 
11532, 12732, 13012, 15027, 15028, 15991, 16119, 16120, 16849, 16850, 
17352, 18051, 18187, 18529, 19083, 19084, 19853, 20389, 20587, 20588, 
21281, 21639, 23558-23561, 28369, 29017, 29018, 29019, 29691, 32538, 
32732, 32733, 32734, 32735, 32736, 32737, 33174, 34110, 34807, 34808, 
35080, 35541, 36701, 36909, 38147-38149, 38368, 38369, 38539, 39435, 
42107, 42108, 43078, 43079, 43080, 44049, 44050, 45162, 45596, 45598--
45603, 46216, 46367, 47577, 48541, 48793, 48795, 49517--49520, 50101, 
50102, 53951, 56607, 63623, 66741
    Corrected........1033, 6456, 9903, 9913, 17352, 18530, 29019, 33829, 
                                39560, 45597, 48953, 53950, 56902, 63489
    Eff. 2-21-02...................................................59136
    Eff. 2-21-02...................................................65835
    Eff. 4-18-02...................................................63490
    Eff. 2-21-02............................................64910, 64911
73.30..............................................................45661
73.32.......................................................34809, 50310
73.44..............................................................53951
73.63......................................................16392, 54436,
73.63 Corrected....................................................63433
91 SFAR No. 50-2 reinstated and amended.............................1003
    SFAR No. 50-2 revised..........................................16584
    Policy statement...............................................30310
    SFAR No.90 added...............................................48943
    SFAR No. 91 added..............................................50533
    Comment request................................................59692
91.23 (b)(1)(i) amended............................................21066
91.137 Heading revised.............................................47377
91.138 (b) revised.................................................47377
91.145 Added.......................................................47378
91.175 (f) amended.................................................21066
91.207 (f)(1) corrected............................................16316
91.215 (a) amended.................................................21066
91.307 (b) revised.................................................23553
91.401 (b) amended.................................................21066
91.403 (c) amended.................................................21066
91.409 (c)(2) and (f)(1) amended...................................21066
91.410 Heading revised; introductory text, (a) introductory text, 
        (1), (2), (3) and (b) through (l) redesignated as (a) 
        introductory text, (1) introductory text, (i), (ii), (iii) 
        and (2) through (12); new (b) added........................23130
91.411 (b)(2)(v) removed; eff. 4-6-03..............................41116
91.413 (a) and (c)(2) amended......................................21066
    (c)(1)(iv) removed; eff. 4-6-03................................41116
91 Appendix A amended; eff. 4-6-03.................................41116
    Appendix G amended.............................................63895

[[Page 906]]

93.301 Regulation at 65 FR 17742 eff. date delayed...........1005, 16584
93.305 Regulation at 65 FR 69847 eff. date delayed..................1005
    Regulations at 61 FR 69330 and 65 FR 17742 eff. dates delayed 
                                                                   16584
    (a) through (d) eff. date delayed to 2-20-03...................63296
93.307 Regulations at 65 FR 69846 and 69847 eff. dates delayed......1005
    Regulations at 61 FR 69330 and 65 FR 17743 eff. dates delayed 
                                                                   16584
93.309 Regulation at 65 FR 69847 eff. date delayed..................1005
    Regulation at 65 FR 17743 eff. date delayed....................16584
95...............................9914, 18530, 30057, 39634, 49101, 56205
97.21--97.35.......................................................2803,
2804, 9916, 9918, 9920, 9922, 9924, 11533, 11535, 14313, 14315, 15993, 
15994, 15996, 18534, 18536, 20390, 20392, 22436, 22438, 27451, 27453, 
29692, 29694, 33633, 33635, 34358, 34359, 34361, 37133, 37135, 39088, 
39090, 41773, 41775, 44300, 44302, 46941, 47075, 48542, 48544, 48546, 
50822, 50824, 53086, 53088, 55564, 55565, 57862, 57864, 59360, 64141, 
64142
99.1 (b)(2) revised; (c) removed; (d) redesignated as new (c)......49822
99.3 Heading and text revised......................................49822
99.9 Revised.......................................................49822
99.11 (a) revised..................................................49822
99.42 Revised......................................................49822
99.43 Revised......................................................49822
103.20 Revised.....................................................47378
105 Revised........................................................23553
107 Revised; eff. 11-14-01.........................................37317
107.209 Revised....................................................63481
108 Technical correction...........................................31145
    Revised; eff. 11-14-01.........................................37357
108.229 Revised....................................................63484
119.1 (e)(6) revised...............................................23557
121 SFAR No. 50-2 reinstated and amended............................1003
    SFAR No. 50-2 revised..........................................16584
    Policy statement........................................27548, 30310
    Technical correction.......28036, 28037, 28369, 29888, 31145, 31146, 
                                                                   44050
    SFAR No. 36 amended; eff. 4-6-03...............................41116
    Policy statement...............................................41955
    Authority citation revised.....................................41966
    SFAR No. 89 added..............................................44273
    SFAR No. 92 added..............................................51548
    SFAR No. 93 added..............................................52279
    SFAR No. 92 removed; SFAR No. 92-1 added; eff. through 4-9-03 
                                                                   52836
    SFAR No. 92-1 removed; SFAR No. 92-2 added; eff. to 4-9-03.....58652
    SFAR No. 92-2 corrected........................................59611
    Comment request................................................59692
121.303 (b) and (d)(2) revised; eff. 5-12-04.......................19043
121.309 (d) removed; eff. 5-12-04..................................19043
121.310 (m) revised................................................20740
121.323 Introductory text revised; eff. 5-12-04....................19043
121.325 Introductory text revised; eff. 5-12-04....................19043
121.370 Heading revised; introductory text, (a) introductory text, 
        (1), (2), (3) and (b) through (l) redesignated as (a) 
        introductory text, (1) introductory text, (i), (ii), (iii) 
        and (2) through (12); new (b) added........................23130
121.378 (a) revised; eff. 4-6-03...................................41116
121.415 (a)(3) revised; eff. 5-12-04...............................19043
121.417 (b)(2)(ii) and (3)(iv) removed; eff. 5-12-04...............19043
121.427 (b)(2) revised; eff. 5-12-04...............................19043
121.703 Regulation at 65 FR 56201 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56201 eff. date delayed to 1-16-03.........58912
121.704 Regulation at 65 FR 56202 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56202 eff. date delayed to 1-16-03.........58912
121.705 Regulation at 65 FR 56203 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56203 eff. date delayed to 1-16-03.........58912
121.709 (c) and (d) redesignated as (d) and (e); new (c) added; 
        (b), new (d) and (e) revised; eff. 4-6-03..................41116
121.801--121.805 (Subpart X) Added; eff. 5-12-04...................19044
121 Appendix A revised; eff. 5-12-04...............................19044
    Appendix I amended......................................41966, 57866
    Appendix J amended......................................41967, 57866
125 Policy statement...............................................30310
    SFAR No. 89 added..............................................44273

[[Page 907]]

125.248 Heading revised; introductory text, (a) introductory text, 
        (1), (2), (3) and (b) through (l) redesignated as (a) 
        introductory text, (1) introductory text, (i), (ii), (iii) 
        and (2) through (12); new (b) added........................23131
125.409 Regulation at 65 FR 56203 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56203 eff. date delayed to 1-16-03.........58912
125.410 Regulation at 65 FR 56204 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56204 eff. date delayed to 1-16-03.........58912
129.32 Heading revised; introductory text, (a) introductory text, 
        (1), (2), (3) and (b) through (l) redesignated as (a) 
        introductory text, (1) introductory text, (i), (ii), (iii) 
        and (2) through (12); new (b) added........................23131
135 SFAR No. 50-2 reinstated and amended............................1003
    SFAR No. 50-2 revised..........................................16584
    Technical correction...............28036, 28037, 31145, 31146, 44050
    Policy statement...............................................30310
    SFAR No. 89 added..............................................44273
    SFAR No. 93 added..............................................52279
    Comment request................................................59692
135.177 (a)(1) revised; eff. 5-12-04...............................19045
135.415 Regulation at 65 FR 56204 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56204 eff. date delayed to 1-16-03.........58912
135.416 Regulation at 65 FR 56205 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56205 eff. date delayed to 1-16-03.........58912
135.417 Regulation at 65 FR 56206 eff. date delayed to 1-16-02.....21626
    Regulation at 65 FR 56206 eff. date delayed to 1-16-03.........58912
135.435 (a) revised; eff. 4-6-03...................................41117
135.443 (c) redesignated as (d); (b) and new (d) revised; new (c) 
        added; eff. 4-6-03.........................................41117
139.325 (h) redesignated as (i); new (h) added; eff. 11-14-01......37327

                                  2002

14 CFR
                                                                   67 FR
                                                                    Page
Chapter I
61 SFAR No. 96 added...............................................30527
61.3 (a) and (l) introductory text revised; (l)(4) added...........65861
63 SFAR No. 63 removed..............................................9553
    Amended........................................................30527
65 SFAR No. 63 removed..............................................9553
    Amended........................................................30527
71 Technical correction.....................................67253, 68785
    71.1.............510--517, 816, 2134, 2806, 4655, 4656, 4899, 5045, 
         6162, 6641--6644, 7066--7070, 8860, 9399, 10835, 10836, 10837, 
         10839--10843, 15478--15480, 18467, 18468, 18818, 19108, 19109, 
         19331, 19666, 21171, 21576, 30776--30784, 31727, 31946--31948, 
         35427, 35900, 35901, 36808, 37668, 37977, 39473, 40591, 40592, 
         40593, 41163, 41820, 42478, 45631, 45632, 46585, 46586, 46587, 
         46847, 46848, 48546, 48547, 51070, 51072--51074, 53302, 53877, 
         53878, 55111, 56476--56479, 56929, 57942, 58983, 63823, 63824, 
           63825, 65499, 68758, 70154, 70534, 70535, 71457--71461, 71816
    Corrected.......3264, 5199, 6643, 10833, 10834, 11746, 18059, 19514, 
         19515, 21990, 34990, 37321, 37473, 45192, 49564, 53482, 53483, 
                                54700, 58984, 70153, 70638, 72365, 72441
    Regulation at 67 FR 10835 withdrawn............................40591
    Regulation at 67 FR 35427 confirmed............................48753
    Regulation at 67 FR 19108 eff. date confirmed..................54086
    Regulation at 67 FR 46584 and 46585 eff. date confirmed........57329
    Regulation at 67 FR 46586 eff. date confirmed..................57330
    Regulation at 67 FR 36808 eff. date confirmed..................58984
        Eff. 1-23-03..........60561, 63825--63829, 65498, 65500, 68759, 
                                                                   76307
    Eff. 5-13-03...................................................65036
    Regulation at 67 FR 21576 eff. date delayed....................65872
    Regulation at 67 FR 37668 eff. date confirmed..................72365
    Eff. 3-20-03...................................................78352
71.1 Revised.......................................................61258
71.5 Amended.......................................................61259
71.31 Amended......................................................61259
71.33 (c) amended..................................................61259
71.41 Amended......................................................61259
71.51 Amended......................................................61259
71.61 Amended......................................................61259

[[Page 908]]

71.71 (b) through (f) amended......................................61259
71.79 Amended......................................................61259
71.901 (a) amended.................................................61259
73 SFAR No. 53 removed..............................................9553
73.23--73.72.............................2808, 6645, 41821, 57943, 67789
91 SFAR No. 95 added................................................2781
    SFAR No. 90 removed.............................................5888
    SFAR No. 94 added...............................................7544
    SFAR No. 91 removed.............................................8350
    SFAR Nos. 62, 64 and 66-2 removed...............................9553
    SFAR No. 67 removed.............................................9554
    SFAR No. 95 removed............................................31932
    SFAR No. 78 removed; eff. 1-23-03..............................65667
    Technical correction.............................57487, 63194, 63195
91.410 (b) amended.................................................72834
91.801 (a)(1) introductory text, (2), (c) and (d) amended..........45237
    (c) revised....................................................46571
91.803 (b) amended.................................................46571
91.807 Removed.....................................................46571
91.809 Removed.....................................................46571
91.811 Removed.....................................................46571
91.813 Removed.....................................................46571
91.851 Amended.....................................................45237
91.857 Revised.....................................................46571
91.858 Added.......................................................46571
91.859 Removed.....................................................46571
91.873 (a) and (b) revised.........................................46571
95........................2809, 11414, 30785, 44033, 45297, 55719, 65037
    Eff. 3-20-03...................................................78353
95.17 Corrected; CFR correction....................................78970
97 Authority citation revised......................................70828
97.3 (b) introductory text amended.................................70828
97.21--97.35...268, 270, 1289, 1290, 3609, 3611, 3612, 6164, 6166, 8708, 
          8710, 10320, 10321, 13268, 13271, 16014, 16015, 19668, 19670, 
         21991, 21993, 34829, 36512, 38196, 38198, 40594, 40596, 43531, 
         43533, 46103, 46849, 54728, 54729, 54731, 54732, 55112, 55114, 
         59158, 59159, 62639, 62641, 65308, 65309, 67107, 67300, 70155, 
                                       70157, 71817, 72554, 76676, 76678
107 Comment period extended....................................655, 3810
    Removed.........................................................8350
107.209 Corrected...................................................3782
108 Comment period extended....................................655, 3810
    Removed.........................................................8350
109 Removed.........................................................8350
119.1 (e)(2) amended................................................9554
119.2 Removed.......................................................9554
119.3 Amended; eff. 12-8-03; interim...............................72761
121 SFAR No. 92-2 removed; SFAR No. 92-3 added; eff. to 4-9-03......2115
    Authority citation revised......................................8350
    SFAR No. 38-2 removed; SFAR No. 52 removed......................9554
    SFAR No. 92-3 removed; eff. to 4-9-03..........................12823
    SFAR No. 92-4 added; eff. to 4-9-03............................12824
121.313 (f) and (g) revised; (j) added..............................2127
121.368 Added; eff. 12-8-03; interim...............................72761
121.370 (b) amended................................................72834
121.370a Added; eff. 12-8-03; interim..............................72761
121.538 Revised.....................................................8350
121.547 (a)(3), (4), (c)(4), (5) and (6) revised....................2127
121.575 (b)(2) and (3) amended.....................................31932
121.581 (c) revised.................................................2128
121.587 Revised.....................................................2128
121.629 Regulation at 57 FR 44942 eff. date confirmed..............54946
121.703 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
121.704 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
121.705 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
121 Appendix M amended.............................................54322
    Appendix N added; eff. 12-8-03; interim........................72762
125 SFAR No. 38-2 amended...........................................9554
125.221 Regulation at 58 FR 69629 eff. 1-31-94.....................54946
125.248 (b) amended................................................72834
125.287 Regulation at 58 FR 69629 eff. 1-31-94.....................54946
125.409 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
125.410 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
125 Appendix E amended.............................................54323
129.28 Revised.....................................................79824
129 Authority citation revised...............................8350, 42455
    SFAR No. 38-2 removed...........................................9554
    Technical correction...........................................48752
129.1 Revised; eff. 12-8-03; interim...............................72762

[[Page 909]]

129.11 (a)(5) added................................................42455
129.13 (a) revised.................................................42455
129.16 Added; eff. 12-8-03; interim................................72762
129.25 Revised......................................................8350
129.26 Removed......................................................8350
129.27 Removed......................................................8350
129.28 Added.......................................................42455
    Revised........................................................79824
129.31 Removed......................................................8350
129.32 (b) amended.................................................72834
129.33 Added; eff. 12-8-03; interim................................72763
129 Appendix B added; eff. 12-8-03; interim........................72763
135 SFAR No. 38-2 removed; SFAR No. 52 removed......................9554
135.125 Revised.....................................................8350
135.168 Added; eff. 12-8-03; interim...............................72764
135.227 Regulation at 58 FR 69629 eff. 1-31-94.....................54946
135.351 Regulation at 58 FR 69630 eff. 1-31-94.....................54946
135.415 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
135.416 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
135.417 Regulation at 67 FR 58912 eff. date delayed to 1-16-04.....78970
135.422 Added; eff. 12-8-03; interim...............................72765
135.423 Redesignated as 135.424; new 135.423 added; eff. 12-8-03; 
        interim....................................................72765
135.424 Redesignated from 135.423; eff. 12-8-03; interim...........72765
135 Appendix F amended.............................................54323
    Appendix G added; eff. 12-8-03; interim........................72766
136 Added; eff. 1-23-03............................................65667
139.325 (h) revised.................................................8350
139.335 (b) amended................................................31933

                                  2003

14 CFR
                                                                   68 FR
                                                                    Page
Chapter I
61 SFAR No. 73 amended................................................43
    SFAR No. 96 removed; SFAR No. 100 added........................36905
61.18 Added.........................................................3774
61.55 (d)(1) and (2) revised.......................................54559
61.57 (d)(2)(iii) and (e)(3) revised...............................54559
61.58 (b) and (c) revised..........................................54559
61.63 (d)(7) introductory text and (ii) revised....................54559
61.157 (c) and (f)(1) revised......................................54560
61.159 (c)(1)(ii) revised..........................................54560
63 SFAR No. 96 removed; SFAR No. 100 added.........................36905
63.14 Added.........................................................3774
65 SFAR No. 96 removed; SFAR No. 100 added.........................36906
65.14 Added.........................................................3775
71 SFAR No. 97 cross-reference added...............................14077
71 Technical correction............................................35947
71.1--71.33 (Subpart A) Subpart designation transferred to 71.31--
        71.33 (Subpart A) Heading revised..........................16947
   71.1....44, 260--264, 491, 2186, 2187, 2188, 2421--2425, 2875, 4098, 
            6606, 6607, 7914, 7915, 7916, 8703--8707, 8997, 8998, 9000, 
          9528, 10368, 10369, 10655, 11737, 11738, 11739, 12814, 13812, 
         14315, 15344, 15346, 15347, 15349, 15350, 16208, 16409, 16411, 
         16950, 16951, 16952, 17730, 18115, 18116, 18118, 18858, 18859, 
          18861, 19343, 19344, 19946, 22593, 23578, 23580-23583, 24341, 
         24342, 24865, 24867, 24869, 24870, 24871, 24872, 24873, 24874, 
         25491, 25492, 25493, 25494, 25495, 26203, 26995, 28122, 28123, 
         28124, 28125, 28126, 28128, 28129, 28708, 32358, 32633, 33360, 
         33361, 35287, 35288, 35535, 35536, 36744, 36906, 36907, 36908, 
         36909, 36910, 40766, 41692, 41693, 41695, 42246, 42963, 43293, 
         44452--44455, 44200, 44201, 44202, 44875, 44876, 47448, 47449, 
         47845, 47847, 49346, 49347, 49349, 49350, 49691, 49692, 50068, 
         50465, 50466, 50467, 50468, 51686, 52089, 53032--53035, 53675, 
         53676, 54332, 55436, 55817, 55818, 55819, 59112, 59113, 62515, 
         62516, 62732, 62733, 62734, 63986, 64524, 66700, 66701, 66702, 
                                       69306, 74472, 74473, 74474, 74477
    Corrected....1657, 2423, 3808, 3934, 7913, 7917, 8997, 13225, 14315, 
         15349, 17153, 18115, 19885, 25684, 26687, 26993, 33231, 33361, 
         33623, 35288, 36910, 37617, 37963, 38425, 41694, 41695, 41696, 
         43427, 43922, 44203, 47637, 47844, 48994, 49350, 50222, 50468, 
         52075, 52487, 55435, 55819, 58009, 59113, 59248, 61339, 62735, 
                                              68449, 68508, 68973, 69599
    Revised........................................................54329
    Technical correction.......................7651, 23579, 33579, 49546

[[Page 910]]

    Regulation at 67 FR 70534 eff. date delayed to 5-15-03.........12583
    Regulation at 68 FR 15349 eff. date corrected..................16351
    Regulation at 68 FR 44875 eff. date confirmed..................57347
    Regulation at 68 FR 49350 eff. date confirmed..................58582
    Regulations at 68 FR 49347 and 49692 eff. dates confirmed......59713
    Regulation at 68 FR 50465 eff. date confirmed..................61097
    Regulation at 68 FR 50467 eff. date confirmed..................61098
    Regulation at 68 FR 50466 eff. date confirmed..................61098
    Regulation at 68 FR 53675 eff. date confirmed..................63017
         Eff. 2-19-04.........64523, 65160--65164, 65390, 67358, 68504, 
                                                     69598, 69599, 74472
         Eff. 4-15-04.........67359--67362, 67591, 68504, 68506, 68507, 
                                       68508, 70138, 70139, 74475, 74476
    Corrected; eff. 2-19-04 and 4-15-04............................70139
    Corrected; eff.2-19-04.........................................70140
71.5 Amended.......................................................54329
71.11 Added........................................................16947
71.13 Added........................................................16947
71.15 Added........................................................16947
71.31--71.33 (Subpart A) Subpart designation transferred from 
        71.1--71.33 (Subpart A); Heading revised...................16947
71.31 Amended......................................................54329
71.33 (c) amended..................................................54329
71.41 Amended......................................................54329
71.51 Amended......................................................54329
71.61 Amended......................................................54329
71.71 (b) through (f) amended......................................54329
71.73 Removed......................................................16947
71.75 Removed......................................................16947
71.77 Removed......................................................16947
71.79 Removed......................................................16947
71.901 (a) amended.................................................54329
73.23.................................................3175, 25496, 64525
73.48..............................................................42964
73.63..............................................................19947
73.66...............................................................3174
73.89...............................................................7918
77 SFAR No. 98 added; interim......................................19732
    SFAR No. 98 corrected..........................................23584
91 Technical correction...............................1512, 37735, 50054
    SFAR No. 94 amended.............................................7691
    SFAR No. 97 added..............................................14077
    SFAR No. 77 amended.....................................17870, 65382
    SFAR No. 61-2 removed..........................................35524
    SFAR No. 51-1 removed..........................................41214
    SFAR No. 71 amended............................................60839
91.159 (b) revised; (c) removed....................................61321
    (b) revised; (c) added (eff. through 1-26-04; (b) revised; (c) 
removed (eff. 1-26-04).............................................70133
91.179 (b)(3) introductory text revised; (b)(4) added..............61321
    (b)(3) introductory text revised; (b)(4) removed (eff. through 
1-26-04); (b)(3) introductory text revised; (b)(4) added (eff. 1-
26-04..............................................................70133
91.180 Added.......................................................61321
    Removed (eff. through 1-26-04); Added (eff. 1-26-04)...........70133
91.189 (g) revised.................................................56560
91.191 (c) revised.................................................56560
91.213 (c) revised.................................................56560
91.401 (b) revised.................................................56560
91.411 Regulation at 66 FR 41116 eff. date delayed to 10-6-03......12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41116 eff. date delayed to 1-31-04.........55819
91.413 Regulation at 66 FR 41116 eff. date delayed to 10-6-03......12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41116 eff. date delayed to 1-31-04.........55819
91.415 (a) and (c) revised.........................................56560
91.501--91.599 (Subpart F) Heading revised.........................54560
91.501 (a) revised; (b)(10) added..................................54560
91.509 (b) introductory text, (c), (d) and (e) revised; (f) added 
                                                                   54561
91.519 (d) added...................................................54561
91.531 (a) introductory text revised; (d) added....................54561
91.613 (a) redesignated; (b) added.................................45083
91.1001--91.1443 (Subpart K) Added.................................54561
91 Appendix A Regulation at 66 FR 41116 eff. date delayed to 10-6-
        03.........................................................12542
    Appendix D amended..............................................9795
    Appendix G amended......................................54584, 61321
    Appendix G amended (eff. through 1-26-04); Appendix G amended 
(eff. 1-26-04).....................................................70133
93 Heading revised..................................................9795

[[Page 911]]

    Policy statement...............................................15657
93.1 Revised........................................................9795
93.51 Revised.......................................................9795
93.71 (Subpart E) Added.............................................9795
93.80 Added.........................................................9795
93.81 (a) and (b) designation removed; (b)(1), (2), (2)(i), (ii) 
        and (iii) redesignated as (a), (b), (b)(1), (2) and (3).....9795
93.91--93.97 (Subpart G) Added.....................................41214
93.117 Revised......................................................9795
93.151 Revised......................................................9795
93.152 Added........................................................9795
93.251--93.253 (Subpart T) Nomenclature change......................9795
93.305 Regulation at 61 FR 69330 suspended in part to 2-2-06........9498
95...............................7918, 17731, 34523, 44612, 54802, 65391
95 SFAR No. 97 cross-reference added...............................14077
95.1 Revised.......................................................16947
97 Technical correction.............................................3096
97.20 Revised......................................................16948
97.21--97.35...265, 492, 1796, 1963, 3810, 3811, 6817, 6819, 8708, 8710, 
         10964, 13620, 13622, 16412, 16413, 19734, 19735, 23889, 23890, 
         26485, 26487, 32359, 32634, 35537, 35539, 38173, 38175, 41524, 
        41526, 44204, 44206, 48277, 48278, 51687, 51688,, 53036, 53288, 
         54999, 56159, 57348, 57350, 60031, 60287, 62235, 64984, 64986, 
                                                            67364, 69307
119 Comment period extended.........................................5782
    Authority citation revised.....................................47800
    Technical correction...........................................60031
119.1 (d) revised..................................................54584
119.3 Amended......................................................41217
119.72 Added (OMB number pending)..................................47800
121 Comment period extended.........................................5782
    SFAR No. 36 Regulation at 66 FR 41116 eff. date delayed to 10-
6-03...............................................................12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
    SFAR No. 97 cross-reference added..............................14077
    SFAR No. 92-4 removed; SFAR No. 92-5 added.....................17516
    Technical correction.............................37735, 50054, 60031
    SFAR No. 89 removed............................................42937
    Regulation at 66 FR 41116 eff. date delayed to 1-31-04.........55819
    SFAR No. 71 amended............................................60839
121.312 (e) added..................................................45083
121.313 (j)(1) and (2) revised.....................................42881
121.344 (l)(2) revised.............................................42936
    (l)(2) corrected...............................................50069
121.344a (f) revised...............................................42936
121.356 Heading revised; (d) added (eff. through 1-1-05); revised 
        (eff. 1-1-05)..............................................15902
121.378 Regulation at 66 FR 41116 eff. date delayed to 10-6-03.....12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41116 eff. date delayed to 1-31-04.........55819
121.547 (a)(2) and (c)(1) revised..................................41217
121.548a Added.....................................................41217
121.583 (a)(3) revised.............................................41217
121.703 Regulation at 65 FR 56201 eff. date delayed................75116
121.704 Regulation at 65 FR 56202 eff. date delayed................75116
121.705 Regulation at 65 FR 56203 eff. date delayed................75116
121.709 Regulation at 66 FR 41116 eff. date delayed to 10-6-03.....12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
121 Appendix M amended.............................................42936
    Corrected...............................................50069, 53877
125 SFAR No. 97 cross-reference added..............................14077
    Technical correction....................................37735, 50054
125.1 (b)(4) and (5) revised; (b)(6) and (7) added.................54585
125.113 (c) added..................................................45084
125.224 Heading revised; (c) added (eff. through 1-1-05); revised 
        (eff. 1-1-05)..............................................15903
125.226 (l)(2) revised.............................................42937
    (l)(2) corrected...............................................50069
125.409 Regulation at 65 FR 56203 eff. date delayed................75116
125.410 Regulation at 65 FR 56204 eff. date delayed................75116
125 Appendix E amended.............................................42937
    Appendix E corrected....................................50069, 53877
129 Comment period extended.........................................5782
    SFAR No. 97 cross-reference added..............................14077
    Technical correction....................................37735, 56166
129.18 Heading revised; (c) added (eff. through 1-1-05); revised 
        (eff. 1-1-05)..............................................15903
129.28 (c)(1), (2) and (3) revised.................................42882

[[Page 912]]

135 Comment period extended.........................................5782
    SFAR No. 97 cross-reference added..............................14077
    Technical correction....................................50054, 60031
    SFAR No. 71 amended............................................60839
135.4 Added........................................................54585
135.21 (f) and (g) revised; (h) added..............................54585
135.23 (r) revised; (s) added......................................54586
135.76 Added.......................................................41218
135.85 (h) added...................................................41218
135.145 Revised....................................................54586
135.152 (k) revised................................................42939
135.167 (a) introductory text revised..............................54586
135.170 (c) added..................................................45084
135.179 (c) revised................................................54586
135.225 (b) through (h) redesignated as (c) through (i); new (b) 
        added; (a) introductory text, new (d) and (h) revised......54586
135.247 (a)(3) added...............................................54587
135.251 (b) revised; (c) and (d) added.............................54587
135.255 (b) revised; (c) and (d) added.............................54587
135.291 (b) revised................................................54587
135.321 (b)(7) revised.............................................54588
135.324 (a) and (b) introductory text revised......................54588
135.385 (b) revised; (f) added.....................................54588
135.387 Revised....................................................54588
135.411 (a)(1) amended; (a)(2) revised.............................69308
135.415 Regulation at 65 FR 56204 eff. date delayed................75116
135.416 Regulation at 65 FR 56205 eff. date delayed................75116
135.417 Regulation at 65 FR 56206 eff. date delayed................75116
135.423 (b)(2) amended.............................................69308
135.435 Regulation at 66 FR 41117 eff. date delayed to 10-6-03.....12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
135.443 Regulation at 66 FR 41117 eff. date delayed to 10-6-03.....12542
    Regulation at 66 FR 41116 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
135 Appendix F amended.............................................42939
    Appendix F corrected...........................................50069

                                  2004

14 CFR
                                                                   69 FR
                                                                    Page
Title 14 Nomenclature change.......................................18803
Chapter I
61 Technical correction......................................6531, 62809
    Comment disposition............................................58232
61.1 (b)(3)(1) introductory text and (ii) introductory text 
        revised; (b)(3)(iii), (iv), (v) and (15) redesignated as 
        (b)(3)(v), (vi), (vii) and (16); new (b)(3)(iii), (iv) and 
        (15) added.................................................44864
61.3 (c)(2)(i) revised; (c)(2)(ii) through (vii) redesignated as 
        (c)(2)(vi) through (xi); new (c)(2)(viii) amended; new 
        (c)(2)(ii) through (v) added...............................44864
61.5 (a)(1)(ii) through (v), (b)(5) and (6) redesignated as 
        (a)(1)(iii) through (vi), (b)(7) and (8); new (a)(1)(ii), 
        (b)(1)(vi), (vii), (5), (6) and (c)(5) added...............44864
61.23 (a) introductory text, (3)(iii), (iv), (b) introductory text 
        and (1) through (4) revised; (c) redesignated as (d); new 
        (c) added..................................................44864
61.31 (k)(1) and (2)(iii) revised; (k)(2)(iv) and (v) amended; 
        (k)(2)(vi) added...........................................44865
61.45 (a)(1)(ii), (2)(i) and (b)(1)(iii) revised; (f) added........44865
61.51 (c)(1), (e)(1) introductory text and (i) revised; (i)(3) 
        redesignated as (i)(4); new (i)(3) and (5) added...........44865
61.52 Added........................................................44865
61.53 (c) added....................................................44866
61.63 (k) redesignated as (l); new (k) added.......................44866
61.69 Revised......................................................44866
61.87 (d) introductory text, (g) introductory text, (i) 
        introductory text, (j) introductory text and (k) 
        introductory text amended; (l), (m) and (n) redesignated 
        as (n), (o) and (p); new (l) and (m) added.................44866
61.89 (c) added....................................................44867
61.93 (l) and (m) added............................................44867
61.94 Added........................................................44867
61.95 (c) added....................................................44868
61.99 Introductory text revised....................................44868

[[Page 913]]

61.101 (d) through (i) redesignated as (e) through (j); (b) 
        introductory text, (c) introductory text, new (e) 
        introductory text, (1), (2), (7), (11) and (12) revised; 
        new (d) added..............................................44868
61.107 (b)(9) and (10) added.......................................44868
61.109 (i) redesignated as (k); (a) introductory text, (b) 
        introductory text, (c) introductory text, (d) introductory 
        text, (e) introductory text and new (k)(1) amended; new 
        (i) and (j) added..........................................44868
61.110 (c) added...................................................44869
61.113 (g) revised.................................................44869
61.165 (f) added...................................................44869
61.181--61.201 (Subpart H) Heading revised.........................44869
61.181 Revised.....................................................44869
61.213 (a)(4)(i) and (ii) revised..................................44869
61.215 (a) revised.................................................44869
61.301--61.329 (Subpart J) Added...................................44869
61.401--61.431 (Subpart K) Added...................................44875
65.85 Existing text designated as (a) and amended; (b) added.......44879
65.87 Existing text designated as (a) and amended; (b) added.......44879
65.101 (b) revised.................................................44879
65.103 (c) added...................................................44879
65.107 Added.......................................................44879
71 Technical correction......................................5461, 24225
   71.1......496, 1662--1665, 1667--1673, 2297, 3003, 5009, 5010, 5013, 
          5014, 5015, 5463, 8556, 8557, 8559, 8560, 8562, 10325--10329, 
         10331, 10603, 10605, 10607, 10609, 10611, 11792, 11794, 11795, 
         11796, 11798, 13467--13471, 15667, 17283, 19317--19320, 19923, 
         19924, 20820, 20821, 20822, 21405, 22394, 22397, 22399, 24065, 
         24066, 24068, 24069, 26030, 26031, 26032, 26034, 26035, 26036, 
         29059, 29060, 29061, 29652, 30192, 30194, 30572, 30573, 30574, 
         30819, 30820, 32253--32258, 32860, 32862, 32863, 33566, 34053, 
         34055, 34056, 34058, 34059, 34061, 34062, 34917, 40311, 41190, 
         42332, 47357, 48767, 51943--51950, 52596, 53614, 54749, 54750, 
                                       54751, 56931, 56932, 57841, 61761
    Regulation at 68 FR 65390 confirmed..............................497
    Corrected...1783, 2816, 4002, 5008, 5012, 7681, 11480, 11712, 11943, 
         15667, 19316, 22599, 22730, 25467, 29653, 30360, 31291, 31865, 
         32257, 34055, 36164, 39550, 39837, 47358, 48765, 53976, 55499, 
                                59303, 67052, 67215, 71701, 71702, 76042
    Regulation at 68 FR 66702 confirmed.............................2295
    Regulation at 68 FR 67358 confirmed.............................2296
    Regulation at 68 FR 66701 confirmed.............................2297
    Technical correction............................................2816
    Regulation at 68 FR 67360 confirmed.............................5011
    Regulation at 68 FR 67362 confirmed.............................5011
    Regulation at 68 FR 68507 confirmed.............................5012
    Regulation at 68 FR 68506 confirmed.............................5013
    Regulation at 68 FR 67361 confirmed.............................5461
    Regulation at 68 FR 67359 confirmed.............................5462
    Regulation at 68 FR 69591 confirmed.............................5462
    Regulation at 68 FR 69306 confirmed.............................5462
    Regulation at 68 FR 68508 confirmed.............................7681
    Regulation at 69 FR 5009 eff. date delayed......................8555
    Regulation at 69 FR 8557 eff. date corrected...................10103
    Regulation at 69 FR 1673 confirmed.............................10329
    Regulation at 69 FR 1668 confirmed.............................10331
    Regulations at 69 FR 1669 and 1671 confirmed...................10606
    Regulations at 69 FR 1664, 1667 and 1672 confirmed.............10609
    Regulation at 69 FR 1663 confirmed.............................10610
    Regulation at 69 FR 1665 confirmed.............................10611
    Regulations at 69 FR 496 and 1662 confirmed....................10612
    Regulation at 69 FR 2297 confirmed.............................11794
    Regulation at 67 FR 21576 confirmed............................19314
    Regulation at 69 FR 8556 confirmed.............................20823

[[Page 914]]

    Regulation at 69 FR 8559 conirmed..............................20823
    Regulation at 69 FR 8556 confirmed.............................22394
    Regulation at 69 FR 10611 confirmed............................22395
    Regulation at 69 FR 10328 confirmed............................22395
    Regulation at 69 FR 11792 confirmed............................22395
    Regulation at 69 FR 11794 confirmed............................22396
    Regulation at 69 FR 10331 confirmed............................22397
    Regulation at 69 FR 8560 confirmed.............................22397
    Regulation at 69 FR 10607 confirmed............................24063
    Regulation at 69 FR 10609 confirmed............................24063
    Regulation at 69 FR 11798 confirmed............................24064
    Regulation at 69 FR 10605 confirmed............................24064
    Regulation at 69 FR 11796 confirmed............................24067
    Regulation at 69 FR 11795 confirmed............................24067
    Regulation at 69 FR 10329 confirmed............................29059
    Regulation at 69 FR 24065 confirmed............................32860
    Regulation at 69 FR 22397 eff. date confirmed..................32861
    Regulation at 69 FR 24066 confirmed............................34053
    Regulation at 69 FR 26034 confirmed............................34054
    Regulation at 69 FR 26031 confirmed............................34054
    Regulation at 69 FR 26035 confirmed............................34056
    Regulation at 69 FR 22399 confirmed............................34059
    Regulation at 69 FR 26036 confirmed............................34060
    Regulation at 69 FR 26032 confirmed............................36007
    Regulation at 69 FR 26030 eff. date confirmed..................40542
    Regulations at 69 FR 30194, 32862 and 34917 confirmed..........41841
    Regulations at 69 FR 29652, 30572 and 30573 confirmed..........41842
    Regulations at 69 FR 30574, 32256 and 34062 confirmed..........41843
    Regulation at 69 FR 34061 confirmed............................41844
    Regulation at 69 FR 40311 confirmed............................51949
    Regulation at 69 FR 42332 confirmed............................52811
    Eff. 1-20-05........55948, 56692, 57170, 57171, 57172, 57840, 58048, 
         59130, 60286, 60287, 60957, 61440, 62402--62405, 63056, 63057, 
                  63059, 63060, 63062, 63064, 68074, 68075, 70372, 75455
    Corrected; eff. 1-20-05...................60284, 63062, 67811, 68782
    Regulation at 69 FR 48767 confirmed............................60286
    Eff. 3-17-05........64657, 67053, 67639, 70373, 70543, 74954, 74955, 
                                                                   76392
    Regulation at 69 FR 57171 confirmed; eff. 1-20-05..............65069
    Regulation at 69 FR 57840 confirmed; eff. 1-20-05..............65069
    Regulations at 69 FR 56692, 57170 and 57172 confirmed..........65367
    Regulation at 69 55948 confirmed...............................65368
    Regulation at 69 FR 58048 confirmed............................68782
    Regulation at 69 FR 60286 confirmed............................68783
    Regulation at 69 FR 60287 confirmed............................70053
    Regulation at 69 FR 61440 confirmed............................70185
    Regulation at 69 FR 62404 confirmed; eff. 1-20-05..............70541
    Regulation at 69 FR 62405 confirmed; eff. 1-20-05..............70542
    Regulation at 69 FR 63059 confirmed............................72111
    Regulation at 69 FR 63062 confirmed............................72111
    Regulation at 69 FR 63060 confirmed............................72111
    Regulation at 69 FR 63064 confirmed............................72112
    Regulation at 69 FR 62402 confirmed............................72112
    Regulation at 69 FR 62403 confirmed............................72112
    Eff. 5-12-05...................................................74956
71.1 Revised; Eff. 9-16-04 through 9-15-05.........................54001
71.5 Amended; Eff. 9-16-04 through 9-15-05.........................54001
71.31 Amended; Eff. 9-16-04 through 9-15-05........................54001

[[Page 915]]

71.33 Amended; Eff. 9-16-04 through 9-15-05........................54001
71.41 Amended; Eff. 9-16-04 through 9-15-05........................54001
71.51 Amended; Eff. 9-16-04 through 9-15-05........................54001
71.61 Amended; Eff. 9-16-04 through 9-15-05........................54001
71.79 Amended; Eff. 9-16-04 through 9-15-05........................54001
71.901 Amended; Eff. 9-16-04 through 9-15-05.......................54001
73.22........................................................3003, 30577
    Corrected......................................................34425
73.23..............................................................53796
73.25..............................................................53797
73.29..............................................................18472
    Eff. 1-20-05...................................................68076
    Eff. date corrected............................................70888
73.38..............................................................21054
73.51..............................................................30575
    Eff. 1-20-05...................................................72113
73.58..............................................................47390
    Corrected......................................................57841
73.63..............................................................30575
73.66..............................................................32259
77 Regulation at 68 FR 19730 confirmed..............................5682
    Policy statement...............................................22732
91 Technical correction.................................6531, 6532, 6555
    SFAR No. 104 added.............................................31719
    Interpretation.................................................21953
    Compliance notification........................................45940
    Comment period extension.......................................51940
    SFAR No. 65-1 removed..........................................60535
91.1 (b) revised...................................................44880
91.113 (d)(2) and (3) revised......................................44880
91.126 (b)(2) revised..............................................44880
91.131 (b)(1)(i), (ii) and (2) revised; (b)(1)(iii) and (iv) added
                                                                   44880
91.143 Revised.....................................................59753
91.155 (b)(2) revised..............................................44880
91.175 (c) introductory text, (d) and (e)(1) introductory text 
        revised; (l) and (m) added..................................1640
91.205 (b)(12) revised; eff. 2-7-05................................77599
91.213 (d)(1)(i) revised...........................................44880
91.309 Heading, (a) introductory text, (3), (5) and (b) revised....44880
91.319 (e) redesignated as (h); new (e), (f) and (g) added.........44881
    (e) correctly redesignated as (i); new (e) through (h) 
correctly added....................................................51162
    Technical correction...........................................53337
91.327 Added.......................................................44881
91.409 (c)(1) revised..............................................44882
91.410 (b) amended.................................................45941
91.1002 Amended....................................................74413
91 Appendix D amended..............................................44882
93 Technical correction.............................................6555
95...............................2830, 10613, 24956, 38829, 51951, 61998
    Eff. 1-20-05...................................................74414
97.21--97.35...1675, 5683, 5684, 5685, 8812, 10615, 12974, 17285, 24506, 
         28059, 30821, 33288, 36009, 41935, 44596, 48245, 51764, 53799, 
                         56161, 61147, 61593, 63319, 65539, 69508, 74416
99.1 (a), (b) introductory text and (c) revised....................16755
99.3 Amended.......................................................16755
99.7 Revised.......................................................16756
99.9 (c) and (d) added.............................................16756
99.11 (a) revised; (d) added.......................................16756
99.12 Redesignated as 99.13........................................16756
99.13 Redesignated from 99.12......................................16756
99.15 Revised......................................................16756
99.17 Revised......................................................16756
99.19 Removed......................................................16756
99.21 Removed......................................................16756
99.23 Removed......................................................16756
99.27 Removed......................................................16756
99.29 Removed......................................................16756
99.31 Removed......................................................16756
99.41 Revised......................................................16756
99.42 Redesignated as 99.43........................................16756
99.43 Redesignated as 99.45; redesignated from 99.42...............16756
99.45 Redesignated as 99.47; redesignated from 99.43...............16756
99.47 Redesignated as 99.49; redesignated from 99.45...............16756
99.49 Removed; new 99.49; redesignated from 99.47..................16756
119 Technical correction......................................6531, 6555
119.3 Comment disposition..........................................76841
121 Technical correction..........................6531, 6532, 6555, 6556
    Policy statement...............................................13472
    Comment period extension.......................................51940
121.291 (b)(1) revised.............................................67499
121.310 (f)(2) revised; (f)(6) and (l) redesignated as (f)(7) and 
        (n); new (f)(6) and (l) added..............................62789
121.333 (d) revised................................................62789
121.370 (b) amended................................................45942
121.385 (d) correctly added; CFR correction........................75835
121.547 Comment disposition........................................76841
121.548a Comment disposition.......................................76841
121.571 (b) revised (OMB numbers pending)..........................39294

[[Page 916]]

121.583 Comment disposition........................................76841
121.590 Revised.....................................................6424
    (b) correctly designated as (b)(1); (b)(2) correctly added.....31522
121.651 (c) introductory text and (d) introductory text revised.....1641
121 Appendix I amended..............................................1855
    Appendix J amended..............................................1858
    Appendix J technical correction................................12938
    Appendix A amended.............................................19762
125 Technical correction................................6531, 6532, 6556
    Comment period extension.......................................51940
125.248 (b) amended................................................45942
125.381 (c) revised.................................................1641
129 Technical correction................................6531, 6555, 6556
    Comment period extension.......................................51940
129.32 ((b) amended................................................45942
135 Technical correction..........................6531, 6532, 6555, 6556
135.76 Comment disposition.........................................76841
135.85 Comment disposition.........................................76841
135.117 (e) revised (OMB numbers pending)..........................39294
135.225 (c) revised.................................................1641
135.427 (a) revised................................................18472
139 Revised.........................................................6424
139.7 Amended......................................................24069
139.103 Introductory text amended..................................24069
139.105 Amended....................................................24069
139.113 Amended....................................................24069
139.201 (b) introductory text and (c) amended......................24070
139.203 (a) and (b) amended........................................24070
    (b) table corrected............................................31522
139.205 (b) amended................................................24070
139.301 Introductory text amended..................................24070
139.303 Introductory text, (c) and (d) amended.....................24070
    (e)(i) through (vi) correctly designated as (e)(1) through (6)
                                                                   31522
139.305 (a) introductory text and (1) through (6) amended..........24070
    (a)(3) correctly revised.......................................31522
139.307 (a) introductory text, (1), (2) and (3) amended............24070
139.309 (a) introductory text, (b) introductory text and (1) 
        through (4) amended........................................24070
139.311 (a) introductory text, (b) introductory text, (2), (3), 
        (c), (d), (e) and (g) amended..............................24070
139.313 (a) and (b) introductory text amended......................24070
139.315 (e)(i) through (iv) correctly designated as (e)(1) through 
        (4)........................................................31522
139.317 (f) introductory text, (2), (i) and (k) amended............24070
    (k) corrected..................................................31523
139.319 (a), (b), (d) introductory text, (e) introductory text, 
        (f) introductory text, (g) introductory text, (1), (2), 
        (3), (h) introductory text, (2) introductory text, (i), 
        (ii), (i) introductory text, (2) through (5), (j), (k) and 
        (m) amended................................................24070
    (g)(3) corrected...............................................31523
139.321 (a) through (d), (e) introductory text, (1), (2), (f) and 
        (g) amended................................................24070
139.325 (a) introductory text, (e), (f), (g) introductory text, 
        (h), (i) and (k) amended...................................24070
139.327 (a) introductory text, (b) introductory text, (3) 
        introductory text and (c) introductory text amended........24070
139.329 Introductory text, (f)(1) and (2) amended..................24070
139.331 Amended....................................................24070
139.333 Introductory text amended..................................24070
139.335 (a) introductory text amended..............................24070
139.337 (a), (b) introductory text, (c) introductory text, (d) 
        introductory text and (e) introductory text amended........24070
139.339 Introductory text and (d) amended..........................24070
139.341 (a) introductory text amended..............................24070
139.343 Amended....................................................24070


                                  [all]