[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          14


          Parts 110 to 199

                         Revised as of January 1, 2009


          Aeronautics and Space
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2009
          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]]







As of Jan. 1, 2009

Title 14, Parts 140 to 199

Revised as of Jan. 1, 2008

Is Replaced by

Title 14, Parts 110 to 199



[[Page v]]





                            Table of Contents



                                                                    Page
  Explanation.................................................     vii

  Title 14:
          Chapter I--Federal Aviation Administration, 
          Department of Transportation (Continued)                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     843
      Alphabetical List of Agencies Appearing in the CFR......     863
      List of CFR Sections Affected...........................     873

[[Page vi]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 14 CFR 119.1 refers 
                       to title 14, part 119, 
                       section 1.

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

[[Page vii]]



                               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, 2009), 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 viii]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    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 ix]]



REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 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: US Government Printing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000. 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, 2009.







[[Page xi]]



                               THIS TITLE

    Title 14--Aeronautics and Space is composed of five volumes. The 
parts in these volumes are arranged in the following order: parts 1-59, 
60-109, 110-199, 200-1199, and part 1200-End. The first three volumes 
containing parts 1-199 are 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, 2009.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Michael L. 
White, assisted by Ann Worley.


[[Page 1]]



                     TITLE 14--AERONAUTICS AND SPACE




                  (This book contains parts 110 to 199)

  --------------------------------------------------------------------
                                                                    Part

chapter I--Federal Aviation Administration, Department of 
  Transportation (Continued)................................         119

[[Page 3]]



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




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

   SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS
Part                                                                Page
110-118         [Reserved]

119             Certification: Air carriers and commercial 
                    operators...............................           5
121             Operating requirements: Domestic, flag, and 
                    supplemental operations.................          26
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         283
129             Operations: Foreign air carriers and foreign 
                    operators of U.S.-registered aircraft 
                    engaged in common carriage..............         349
133             Rotorcraft external-load operations.........         362
135             Operating requirements: Commuter and on 
                    demand operations and rules governing 
                    persons on board such aircraft..........         369
136             Commercial air tours and National Parks air 
                    tour management.........................         491
137             Agricultural aircraft operations............         499
139             Certification of airports...................         506
          SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
140             [Reserved]

141             Pilot schools...............................         527
142             Training centers............................         562
143             [Reserved]

145             Repair stations.............................         574

[[Page 4]]

147             Aviation maintenance technician schools.....         586
                         SUBCHAPTER I--AIRPORTS
150             Airport noise compatibility planning........         595
151             Federal aid to airports.....................         609
152             Airport aid program.........................         646
153             Airport operations..........................         681
155             Release of airport property from surplus 
                    property disposal restrictions..........         682
156             State block grant pilot program.............         685
157             Notice of construction, alteration, 
                    activation, and deactivation of airports         687
158             Passenger facility charges (PFC's)..........         689
161             Notice and approval of airport noise and 
                    access restrictions.....................         714
169             Expenditure of Federal funds for nonmilitary 
                    airports or air navigation facilities 
                    thereon.................................         734
                  SUBCHAPTER J--NAVIGATIONAL FACILITIES
170             Establishment and discontinuance criteria 
                    for air traffic control services and 
                    navigational facilities.................         736
171             Non-Federal navigation facilities...........         739
                SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183             Representatives of the Administrator........         819
185             Testimony by employees and production of 
                    records in legal proceedings, and 
                    service of legal process and pleadings..         826
187             Fees........................................         827
189             Use of Federal Aviation Administration 
                    communications system...................         831
193             Protection of voluntarily submitted 
                    information.............................         833
                       SUBCHAPTERS L-M [RESERVED]
                    SUBCHAPTER N--WAR RISK INSURANCE
198             Aviation insurance..........................         838
199             [Reserved]

[[Page 5]]



   SUBCHAPTER G_AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS



                        PARTS 110-118 [Reserved]



PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table of 

Contents




                            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.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    Source: Docket No. 28154, 60 FR 65913, Dec. 20, 1995, unless 
otherwise noted.



                            Subpart A_General



Sec. 119.1  Applicability.

    (a) This part applies to each person operating or intending to 
operate civil aircraft--
    (1) As an air carrier or commercial operator, or both, in air 
commerce; or
    (2) When common carriage is not involved, in operations of U.S.-
registered civil airplanes with a seat configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more.
    (b) This part prescribes--
    (1) The types of air operator certificates issued by the Federal 
Aviation Administration, including air carrier certificates and 
operating certificates;
    (2) The certification requirements an operator must meet in order to 
obtain and hold a certificate authorizing operations under part 121, 
125, or 135 of this chapter and operations specifications

[[Page 6]]

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 Commercial Air Tours conducted after September 11, 2007, 
in an airplane or helicopter having a standard airworthiness certificate 
and 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, in compliance with the Letter of Authorization issued under 
Sec. 91.147 of this chapter. For nonstop Commercial Air Tours conducted 
in accordance with part 136, subpart B of this chapter, National Parks 
Air Tour Management, the requirements of part 119 of this chapter apply 
unless excepted in Sec. 136.37(g)(2). For Nonstop Commercial Air Tours 
conducted in the vicinity of the Grand Canyon National Park, Arizona, 
the requirements of SFAR 50-2, part 93, subpart U, and part 119 of this 
chapter, 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

[[Page 7]]

    (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; 72 FR 6911, Feb. 13, 2007]



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.
    Commercial air tour means a flight conducted for compensation or 
hire in an airplane or helicopter where a purpose of the flight is 
sightseeing. The FAA may consider the following factors in determining 
whether a flight is a commercial air tour:
    (1) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (2) Whether the person offering the flight provided a narrative that 
referred to areas or points of interest on the surface below the route 
of the flight;
    (3) The area of operation;
    (4) How often the person offering the flight conducts such flights;
    (5) The route of flight;
    (6) The inclusion of sightseeing flights as part of any travel 
arrangement package;
    (7) Whether the flight in question would have been canceled based on 
poor visibility of the surface below the route of the flight; and
    (8) Any other factors that the FAA considers appropriate.
    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,

[[Page 8]]

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.
    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:

[[Page 9]]

    (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.
    (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

[[Page 10]]

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; 72 FR 6911, Feb. 13, 
2007]



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.
    (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.

[[Page 11]]

    (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 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.

[[Page 12]]

    (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.
    (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

[[Page 13]]

    (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 (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

[[Page 14]]

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 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

[[Page 15]]

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;
    (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.

[[Page 16]]

    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning amendments of a 
certificate, the following procedure applies:
    (1) The petition for reconsideration must be made within 30 days 
after the certificate holder receives the notice of denial; and
    (2) The certificate holder must petition for reconsideration to the 
Director, Flight Standards Service.



Sec. 119.43  Certificate holder's duty to maintain operations specifications.

    (a) Each certificate holder shall maintain a complete and separate 
set of its operations specifications at its principal base of 
operations.
    (b) Each certificate holder shall insert pertinent excerpts of its 
operations specifications, or references thereto, in its manual and 
shall--
    (1) Clearly identify each such excerpt as a part of its operations 
specifications; and
    (2) State that compliance with each operations specifications 
requirement is mandatory.
    (c) Each certificate holder shall keep each of its employees and 
other persons used in its operations informed of the provisions of its 
operations specifications that apply to that employee's or person's 
duties and responsibilities.



Sec. 119.45  [Reserved]



Sec. 119.47  Maintaining a principal base of operations, main operations base, 

and main maintenance base; change of address.

    (a) Each certificate holder must maintain a principal base of 
operations. Each certificate holder may also establish a main operations 
base and a main maintenance base which may be located at either the same 
location as the principal base of operations or at separate locations.
    (b) At least 30 days before it proposes to establish or change the 
location of its principal base of operations, its main operations base, 
or its main maintenance base, a certificate holder must provide written 
notification to its certificate-holding district office.



Sec. 119.49  Contents of operations specifications.

    (a) Each certificate holder conducting domestic, flag, or commuter 
operations must obtain operations specifications containing all of the 
following:
    (1) The specific location of the certificate holder's principal base 
of operations and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial numbers of 
each 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).

[[Page 17]]

    (12) Any authorized deviation and exemption granted from any 
requirement of this chapter.
    (13) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (14) Any other item the Administrator determines is necessary.
    (b) Each certificate holder conducting supplemental operations must 
obtain operations specifications containing all of the following:
    (1) The specific location of the certificate holder's principal base 
of operations, and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial number of 
each aircraft authorized for use.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (b)(4) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft not listed.
    (5) Kinds of operations authorized.
    (6) Authorization and limitations for routes and areas of 
operations.
    (7) Special airport authorizations and limitations.
    (8) Time limitations, or standards for determining time limitations, 
for overhauling, inspecting, and checking airframes, engines, 
propellers, appliances, and emergency equipment.
    (9) Authorization for the method of controlling weight and balance 
of aircraft.
    (10) Aircraft wet lease information required by Sec. 119.53(c).
    (11) Any authorization or requirement to conduct supplemental 
operations as provided by Sec. 119.21(a)(3) (i) or (ii).
    (12) Any authorized deviation or exemption from any requirement of 
this chapter.
    (13) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (14) 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

[[Page 18]]

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) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (13) Any other item the Administrator determines is necessary.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-
10, 70 FR 58823, Oct. 7, 2005]



Sec. 119.51  Amending operations specifications.

    (a) The Administrator may amend any operations specifications issued 
under this part if--
    (1) The Administrator determines that safety in air commerce and the 
public interest require the amendment; or
    (2) The certificate holder applies for the amendment, and the 
Administrator determines that safety in air commerce and the public 
interest allows the amendment.
    (b) Except as provided in paragraph (e) of this section, when the 
Administrator initiates an amendment to a certificate holder's 
operations specifications, the following procedure applies:
    (1) The certificate-holding district office notifies the certificate 
holder in writing of the proposed amendment.
    (2) The certificate-holding district office sets a reasonable period 
(but not less than 7 days) within which the certificate holder may 
submit written information, views, and arguments on the amendment.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
    (i) The adoption of the proposed amendment;
    (ii) The partial adoption of the proposed amendment; or
    (iii) The withdrawal of the proposed amendment.
    (4) If the certificate-holding district office issues an amendment 
to the operations specifications, it becomes effective not less than 30 
days after the certificate holder receives notice of it unless--
    (i) The certificate-holding district office finds under paragraph 
(e) of this section that there is an emergency requiring immediate 
action with respect to safety in air commerce; or
    (ii) The certificate holder petitions for reconsideration of the 
amendment under paragraph (d) of this section.
    (c) When the certificate holder applies for an amendment to its 
operations specifications, the following procedure applies:
    (1) The certificate holder must file an application to amend its 
operations specifications--
    (i) At least 90 days before the date proposed by the applicant for 
the amendment to become effective, unless a shorter time is approved, in 
cases of mergers; acquisitions of airline operational assets that 
require an additional showing of safety (e.g., proving tests); changes 
in the kind of operation 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--

[[Page 19]]

    (i) The adoption of the applied for amendment;
    (ii) The partial adoption of the applied for amendment; or
    (iii) The denial of the applied for amendment. The certificate 
holder may petition for reconsideration of a denial under paragraph (d) 
of this section.
    (4) If the certificate-holding district office approves the 
amendment, following coordination with the certificate holder regarding 
its implementation, the amendment is effective on the date the 
Administrator approves it.
    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning the amendment of 
operations specifications, the following procedure applies:
    (1) The certificate holder must petition for reconsideration of that 
decision within 30 days of the date that the certificate holder receives 
a notice of denial of the amendment to its operations specifications, or 
of the date it receives notice of an FAA-initiated amendment to its 
operations specifications, whichever circumstance applies.
    (2) The certificate holder must address its petition to the 
Director, Flight Standards Service.
    (3) A petition for reconsideration, if filed within the 30-day 
period, suspends the effectiveness of any amendment issued by the 
certificate-holding district office unless the certificate-holding 
district office has found, under paragraph (e) of this section, that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce.
    (4) If a petition for reconsideration is not filed within 30 days, 
the procedures of paragraph (c) of this section apply.
    (e) If the certificate-holding district office finds that an 
emergency exists requiring immediate action with respect to safety in 
air commerce or air transportation that makes the procedures set out in 
this section impracticable or contrary to the public interest:
    (1) The certificate-holding district office amends the operations 
specifications and makes the amendment effective on the day the 
certificate holder receives notice of it.
    (2) In the notice to the certificate holder, the certificate-holding 
district office articulates the reasons for its finding that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce or that makes it impracticable or 
contrary to the public interest to stay the effectiveness of the 
amendment.



Sec. 119.53  Wet leasing of aircraft and other arrangements for transportation 

by air.

    (a) Unless otherwise authorized by the Administrator, prior to 
conducting operations involving a wet lease, each certificate holder 
under this part authorized to conduct common carriage operations under 
this subchapter shall provide the Administrator with a copy of the wet 
lease to be executed which would lease the aircraft to any other person 
engaged in common carriage operations under this subchapter, including 
foreign air carriers, or to any other foreign person engaged in common 
carriage wholly outside the United States.
    (b) No certificate holder under this part may wet lease from a 
foreign air carrier or any other foreign person or any person not 
authorized to engage in common carriage.
    (c) Upon receiving a copy of a wet lease, the Administrator 
determines which party to the agreement has operational control of the 
aircraft and issues amendments to the operations specifications of each 
party to the agreement, as needed. The lessor must 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.

[[Page 20]]

    (d) In making the determination of paragraph (c) of this section, 
the Administrator will consider the following:
    (1) Crewmembers and training.
    (2) Airworthiness and performance of maintenance.
    (3) Dispatch.
    (4) Servicing the aircraft.
    (5) Scheduling.
    (6) Any other factor the Administrator considers relevant.
    (e) Other arrangements for transportation by air: Except as provided 
in paragraph (f) of this section, a certificate holder under this part 
operating under part 121 or 135 of this chapter may not conduct any 
operation for another certificate holder under this part or a foreign 
air carrier under part 129 of this chapter or a foreign person engaged 
in common carriage wholly outside the United States unless it holds 
applicable Department of Transportation economic authority, if required, 
and is authorized under its operations specifications to conduct the 
same kinds of operations (as defined in Sec. 119.3). The certificate 
holder conducting the substitute operation must conduct that operation 
in accordance with the same operations authority held by the certificate 
holder arranging for the substitute operation. These substitute 
operations must be conducted between airports for which the substitute 
certificate holder holds authority for scheduled operations or within 
areas of operations for which the substitute certificate holder has 
authority for supplemental or on-demand operations.
    (f) A certificate holder under this part may, if authorized by the 
Department of Transportation under Sec. 380.3 of this title and the 
Administrator in the case of interstate commuter, interstate domestic, 
and flag operations, or the Administrator in the case of scheduled 
intrastate common carriage operations, conduct one or more flights for 
passengers who are stranded because of the cancellation of their 
scheduled flights. These flights must be conducted under the rules of 
part 121 or part 135 of this chapter applicable to supplemental or on-
demand operations.



Sec. 119.55  Obtaining deviation authority to perform operations under a U.S. 

military contract.

    (a) The Administrator may authorize a certificate holder that is 
authorized to conduct supplemental or on-demand operations to deviate 
from the applicable requirements of this part, part 121, or part 135 of 
this chapter in order to perform operations under a U.S. military 
contract.
    (b) A certificate holder that has a contract with the U.S. 
Department of Defense's Air Mobility Command (AMC) must submit a request 
for deviation authority to AMC. AMC will review the requests, then 
forward the carriers' consolidated requests, along with AMC's 
recommendations, to the FAA for review and action.
    (c) The Administrator may authorize a deviation to perform 
operations under a U.S. military contract under the following 
conditions--
    (1) The Department of Defense certifies to the Administrator that 
the operation is essential to the national defense;
    (2) The Department of Defense further certifies that the certificate 
holder cannot perform the operation without deviation authority;
    (3) The certificate holder will perform the operation under a 
contract or subcontract for the benefit of a U.S. armed service; and
    (4) The Administrator finds that the deviation is based on grounds 
other than economic advantage either to the certificate holder or to the 
United States.
    (d) In the case where the Administrator authorizes a deviation under 
this section, the Administrator will issue an appropriate amendment to 
the 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

[[Page 21]]

for the protection of life or property; and
    (2) The Administrator finds that a deviation is necessary for the 
expeditious conduct of the operations.
    (b) When the Administrator authorizes deviations for operations 
under emergency conditions--
    (1) The Administrator will issue an appropriate amendment to the 
certificate holder's operations specifications; or
    (2) If the nature of the emergency does not permit timely amendment 
of the operations specifications--
    (i) The Administrator may authorize the deviation orally; and
    (ii) The certificate holder shall provide documentation describing 
the nature of the emergency to the certificate-holding district office 
within 24 hours after completing the operation.



Sec. 119.59  Conducting tests and inspections.

    (a) At any time or place, the Administrator may conduct an 
inspection or test to determine whether a certificate holder under this 
part is complying with title 49 of the United States Code, applicable 
regulations, the certificate, or the certificate holder's operations 
specifications.
    (b) The certificate holder must--
    (1) Make available to the Administrator at the certificate holder's 
principal base of operations--
    (i) The certificate holder's Air Carrier Certificate or the 
certificate holder's Operating Certificate and the certificate holder's 
operations specifications; and
    (ii) A current listing that will include the location and persons 
responsible for each record, document, and report required to be kept by 
the certificate holder under title 49 of the United States Code 
applicable to the operation of the certificate holder.
    (2) Allow the Administrator to make any test or inspection to 
determine compliance respecting any matter stated in paragraph (a) of 
this section.
    (c) Each employee of, or person used by, the certificate holder who 
is responsible for maintaining the certificate holder's records must 
make those records available to the Administrator.
    (d) The Administrator may determine a certificate holder's continued 
eligibility to hold its certificate and/or operations specifications on 
any grounds listed in paragraph (a) of this section, or any other 
appropriate grounds.
    (e) Failure by any certificate holder to make available to the 
Administrator upon request, the certificate, operations specifications, 
or any required record, document, or report is grounds for suspension of 
all or any part of the certificate holder's certificate and operations 
specifications.
    (f) In the case of operators conducting intrastate common carriage 
operations, these inspections and tests include inspections and tests of 
financial books and records.



Sec. 119.61  Duration and surrender of certificate and operations 

specifications.

    (a) An Air Carrier Certificate or Operating Certificate issued under 
this part is effective until--
    (1) The certificate holder surrenders it to the Administrator; or
    (2) The Administrator suspends, revokes, or otherwise terminates the 
certificate.
    (b) Operations specifications issued under this part, part 121, or 
part 135 of this chapter are effective unless--
    (1) The Administrator suspends, revokes, or otherwise terminates the 
certificate;
    (2) The operations specifications are amended as provided in Sec. 
119.51;
    (3) The certificate holder does not conduct a kind of operation for 
more than the time specified in Sec. 119.63 and fails to follow the 
procedures of Sec. 119.63 upon resuming that kind of operation; or
    (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.

[[Page 22]]



Sec. 119.63  Recency of operation.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may conduct a kind of operation for which it holds 
authority in its operations specifications unless the certificate holder 
has conducted that kind of operation within the preceding number of 
consecutive calendar days specified in this paragraph:
    (1) For domestic, flag, or commuter operations--30 days.
    (2) For supplemental or on-demand operations--90 days, except that 
if the certificate holder has authority to conduct domestic, flag, or 
commuter operations, and has conducted domestic, flag or commuter 
operations within the previous 30 days, this paragraph does not apply.
    (b) If a certificate holder does not conduct a kind of operation for 
which it is authorized in its operations specifications within the 
number of calendar days specified in paragraph (a) of this section, it 
shall not conduct such kind of operation unless--
    (1) It advises the Administrator at least 5 consecutive calendar 
days before resumption of that kind of operation; and
    (2) It makes itself available and accessible during the 5 
consecutive calendar day period in the event that the FAA decides to 
conduct a full inspection reexamination to determine whether the 
certificate holder remains properly and adequately equipped and able to 
conduct a safe operation.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.65  Management personnel required for operations conducted under part 

121 of this chapter.

    (a) Each certificate holder must have sufficient qualified 
management and technical personnel to ensure the highest degree of 
safety in its operations. The certificate holder must have qualified 
personnel serving full-time in the following or equivalent positions:
    (1) Director of Safety.
    (2) Director of Operations.
    (3) Chief Pilot.
    (4) Director of Maintenance.
    (5) Chief Inspector.
    (b) The Administrator may approve positions or numbers of positions 
other than those listed in paragraph (a) of this section for a 
particular operation if the certificate holder shows that it can perform 
the operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel due to--
    (1) The kind of operation involved;
    (2) The number and type of airplanes used; and
    (3) The area of operations.
    (c) The title of the positions required under paragraph (a) of this 
section or the title and number of equivalent positions approved under 
paragraph (b) of this section shall be set forth in the certificate 
holder's operations specifications.
    (d) The individuals who serve in the positions required or approved 
under paragraph (a) or (b) of this section and anyone in a position to 
exercise control over operations conducted under the operating 
certificate must--
    (1) Be qualified through training, experience, and expertise;
    (2) To the extent of their responsibilities, have a full 
understanding of the following materials with respect to the certificate 
holder's operation--
    (i) Aviation safety standards and safe operating practices;
    (ii) 14 CFR Chapter I (Federal Aviation Regulations);
    (iii) The certificate holder's operations specifications;
    (iv) All appropriate maintenance and airworthiness requirements of 
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of 
this chapter); and
    (v) The manual required by Sec. 121.133 of this chapter; and
    (3) Discharge their duties to meet applicable legal requirements and 
to maintain safe operations.
    (e) Each certificate holder must:
    (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

[[Page 23]]

change in personnel or any vacancy in any position listed.



Sec. 119.67  Management personnel: Qualifications for operations conducted 

under part 121 of this chapter.

    (a) To serve as Director of Operations under Sec. 119.65(a) a 
person must--
    (1) Hold an airline transport pilot certificate;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted with large airplanes under part 121 or 
part 135 of this chapter, or if the certificate holder uses only small 
airplanes in its operations, the experience may be obtained in large or 
small airplanes; and
    (3) In the case of a person becoming a Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of a large airplane 
operated under part 121 or part 135 of this chapter, if the certificate 
holder operates large airplanes. If the certificate holder uses only 
small airplanes in its operation, the experience may be obtained in 
either large or small airplanes.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience as pilot in command of a 
large airplane operated under part 121 or part 135 of this chapter, if 
the certificate holder operates large airplanes. If the certificate 
holder uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (b) To serve as Chief Pilot under Sec. 119.65(a) a person must hold 
an airline transport pilot certificate with appropriate ratings for at 
least one of the airplanes used in the certificate holder's operation 
and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of a large airplane operated under part 121 or part 135 
of this chapter, if the certificate holder operates large airplanes. If 
the certificate holder uses only small airplanes in its operation, the 
experience may be obtained in either large or small airplanes.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience, as pilot in command of a large 
airplane operated under part 121 or part 135 of this chapter, if the 
certificate holder operates large airplanes. If the certificate holder 
uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (c) To serve as Director of Maintenance under Sec. 119.65(a) a 
person must--
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings;
    (2) Have 1 year of experience in a position responsible for 
returning airplanes to service;
    (3) Have at least 1 year of experience in a supervisory capacity 
under either paragraph (c)(4)(i) or (c)(4)(ii) of this section 
maintaining the same category and class of airplane as the certificate 
holder uses; and
    (4) Have 3 years experience within the past 6 years in one or a 
combination of the following--
    (i) Maintaining large airplanes with 10 or more passenger seats, 
including at the time of appointment as Director of Maintenance, 
experience in maintaining the same category and class of airplane as the 
certificate holder uses; or
    (ii) Repairing airplanes in a certificated airframe repair station 
that is rated to maintain airplanes in the same category and class of 
airplane as the certificate holder uses.
    (d) To serve as Chief Inspector under Sec. 119.65(a) a person 
must--
    (1) Hold a mechanic certificate with both airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years of maintenance experience on different 
types of 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

[[Page 24]]

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
    (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

[[Page 25]]

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 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 6 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 6 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

[[Page 26]]

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; Amdt. 119-12, 72 FR 54816, Sept. 27, 2007]



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]
Special Federal Aviation Regulation No. 71 [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]
Special Federal Aviation Regulation No. 106

                            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.
121.7 Definitions.
121.11 Rules applicable to operations in a foreign country.
121.15 Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.

Subpart B--Certification Rules for Domestic and Flag Air Carriers 
[Reserved]

Subpart C--Certification Rules for Supplemental Air Carriers and Commercial 
Operators [Reserved]

Subpart D--Rules Governing All Certificate Holders Under This Part 
[Reserved]

       Subpart E_Approval of Routes: Domestic and Flag Operations

121.91 Applicability.
121.93 Route requirements: General.
121.95 Route width.
121.97 Airports: Required data.
121.99 Communications facilities--domestic and flag operations.
121.101 Weather reporting facilities.
121.103 En route navigation facilities.
121.105 Servicing and maintenance facilities.
121.106 ETOPS Alternate Airport: Rescue and fire fighting service.
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 navigation facilities.
121.122 Communications facilities--supplemental operations.
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 Manual 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.
121.162 ETOPS Type Design Approval Basis.
121.163 Aircraft proving tests.

          Subpart I_Airplane Performance Operating Limitations

121.171 Applicability.

[[Page 27]]

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.
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.
121.295 Location for a suspect device.

             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.

[[Page 28]]

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 data 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 Communication and navigation equipment for operations under VFR 
          over routes navigated by pilotage.
121.349 Communication and navigation equipment for operations under VFR 
          over routes not navigated by pilotage or for operations under 
          IFR or over the top.
121.351 Communication and navigation equipment for extended over-water 
          operations and for certain other operations.
121.353 Emergency equipment for operations over uninhabited terrain 
          areas: Flag, 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 [Reserved]
121.369 Manual requirements.
121.370-121.370a [Reserved]
121.371 Required inspection personnel.
121.373 Continuing analysis and surveillance.
121.374 Continuous airworthiness maintenance program (CAMP) for two-
          engine ETOPS.
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.

[[Page 29]]

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.
121.434 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.
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.

[[Page 30]]

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 facilities or navigation aids.
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.
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.
121.582 Means to discreetly notify a flightcrew.
121.583 Carriage of persons without compliance with the passenger-
          carrying requirements of this part.
121.584 Requirement to view the area outside the flightdeck door.
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.
121.624 ETOPS Alternate Airports..
121.625 Alternate Airport weather minima.
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 Considering time-limited systems in planning ETOPS alternates.
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.
121.646 En-route fuel supply: flag and supplemental operations.

[[Page 31]]

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 Service difficulty reports.
121.705 Mechanical interruption summary report.
121.707 Alteration and repair reports.
121.709 Airworthiness release or aircraft log entry.
121.711 Communication records: Domestic and flag operations.
121.713 Retention of contracts and amendments: Commercial operators who 
          conduct intrastate operations for compensation or hire.

             Subpart W_Crewmember Certificate: International

121.721 Applicability.
121.723 Surrender of international crewmember certificate.

           Subpart X_Emergency Medical Equipment and Training

121.801 Applicability.
121.803 Emergency medical equipment.
121.805 Crewmember training for in-flight medical events.

                Subpart Y_Advanced Qualification Program

121.901 Purpose and eligibility.
121.903 General requirements for Advanced Qualification Programs.
121.905 Confidential commercial information
121.907 Definitions.
121.909 Approval of Advanced Qualification Program.
121.911 Indoctrination curriculum.
121.913 Qualification curriculum.
121.915 Continuing qualification curriculum.
121.917 Other requirements.
121.919 Certification.
121.921 Training devices and simulators.
121.923 Approval of training, qualification, or evaluation by a person 
          who provides training by arrangement.
121.925 Recordkeeping requirements.

             Subpart Z_Hazardous Materials Training Program

121.1001 Applicability and definitions.
121.1003 Hazardous materials training: General.
121.1005 Hazardous materials training required.
121.1007 Hazardous materials training records.

       Subpart AA_Continued Airworthiness and Safety Improvements

121.1101 Purpose and definition.
121.1103 [Reserved]
121.1105 Aging airplane inspections and records reviews.
121.1107 Repairs assessment for pressurized fuselages.
121.1109 Supplemental inspections.
121.1111 Electrical wiring interconnection systems (EWIS) maintenance 
          program.
121.1113 Fuel tank system maintenance program.
121.1117 Flammability reduction means.

Subpart BB [Reserved]

121.1200-121.1399 [Reserved]

Subpart CC [Reserved]

121.1400-121.1499 [Reserved]
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

[[Page 32]]

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 [Reserved]
Appendix O to Part 121--Hazardous Materials Training Requirements For 
          Certificate Holders
Appendix P to Part 121--Requirements for ETOPS and Polar Operations

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.



             Sec. 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 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 above 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.

[[Page 33]]

    (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]



             Sec. 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.
    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

[[Page 34]]

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 before 
November 14, 2006, in writing, and signed by an officer of the 
applicant, to the 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.
    (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

[[Page 35]]

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, November 14, 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 an 
authorization issued under this Special Federal Aviation Regulation must 
comply with any additional limitations prescribed by the Administrator 
and made a part of the authorization.
    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 November 14, 
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; Amdt. 121-311, 70 FR 59946, Oct. 
13, 2005]



            Sec. Special Federal Aviation Regulation No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.



Sec. 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.

[[Page 36]]

    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]



 Sec. 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 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).

[[Page 37]]

    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]



             Sec. Special Federal Aviation Regulation No. 93

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



             Sec. Special Federal Aviation Regulation No. 97

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



Sec. Special Federal Aviation Regulation 106--Rules for use of portable 

              oxygen concentrator systems on board aircraft

    Section 1. Applicability--This rule prescribes special operating 
rules for the use of portable oxygen concentrator units on board civil 
aircraft. This rule applies to both the aircraft operator and the 
passenger using the portable oxygen concentrator on board the aircraft.
    Section 2. Definitions--For the purposes of this SFAR the following 
definitions apply: Portable Oxygen Concentrator: means the AirSep 
LifeStyle, AirSep FreeStyle, Inogen One, SeQual Eclipse, or Respironics 
EverGo Portable Oxygen Concentrator medical device units as long as 
those medical device units: (1) Do not contain hazardous materials as 
determined by the Pipeline and Hazardous Materials Safety 
Administration; (2) are also regulated by the Food and Drug 
Administration; and (3) assist a user of medical oxygen under a doctor's 
care. These units perform by separating oxygen from nitrogen and other 
gases contained in ambient air and dispensing it in concentrated form to 
the user.
    Section 3. Operating Requirements--
    (a) No person may use and no aircraft operator may allow the use of 
any portable oxygen concentrator device, except the AirSep LifeStyle, 
AirSep FreeStyle, Inogen One, SeQual Eclipse, or Respironics EverGo 
Portable Oxygen Concentrator units. These units may be carried on and 
used by a passenger on board an aircraft provided the aircraft operator 
ensures that the following conditions are satisfied:
    (1) The device does not cause interference with the electrical, 
navigation or communication equipment on the aircraft on which the 
device is to be used;
    (2) No smoking or open flame is permitted within 10 feet of any seat 
row where a person is using a portable oxygen concentrator.

[[Page 38]]

    (3) During movement on the surface, takeoff, and landing, the unit 
must:
    (i) Either be stowed under the seat in front of the user, or in 
another approved stowage location, so that it does not block the aisle 
way or the entryway into the row; or
    (ii) If it is to be operated by the user, be used only at a seat 
location that does not restrict any passenger's access to, or use of, 
any required emergency or regular exit, or the aisle(s) in the passenger 
compartment;
    (4) No person using a portable oxygen concentrator is permitted to 
sit in an exit row;
    (5) The pilot in command must be apprised whenever a passenger 
brings and intends to use a portable oxygen concentrator on board the 
aircraft and the pilot in command must be informed about the contents of 
the physician's written statement (as required in Section 3(b)(3) of 
this SFAR), including the magnitude and nature of the passenger's oxygen 
needs.
    (6) Whenever the pilot in command turns off the ``Fasten Seat Belt'' 
sign, or otherwise signifies that permission is granted to move about 
the passenger cabin, passengers operating their portable oxygen 
concentrator may continue to operate it while moving about the cabin.
    (b) The user of the portable oxygen concentrator must comply with 
the following conditions to use the device on board the aircraft:
    (1) The user must be capable of hearing the unit's alarms, seeing 
the alarm light indicators, and have the cognitive ability to take the 
appropriate action in response to the various caution and warning alarms 
and alarm light indicators, or be travelling with someone who is capable 
of performing those functions;
    (2) The user must ensure that the portable oxygen concentrator is 
free of oil, grease or other petroleum products and is in good condition 
free from damage or other signs of excessive wear or abuse;
    (3) The user must inform the aircraft operator that he or she 
intends to use a portable oxygen concentrator on board the aircraft and 
must allow the crew of the aircraft to review the contents of the 
physician's statement. The user must have a written statement, to be 
kept in that person's possession, signed by a licensed physician that:
    (i) States whether the user of the device has the physical and 
cognitive ability to see, hear, and understand the device's aural and 
visual cautions and warnings and is able, without assistance, to take 
the appropriate action in response to those cautions and warnings;
    (ii) States whether or not oxygen use is medically necessary for all 
or a portion of the duration of the trip; and
    (iii) Specifies the maximum oxygen flow rate corresponding to the 
pressure in the cabin of the aircraft under normal operating conditions.
    (4) Only lotions or salves that are oxygen approved may be used by 
persons using the portable oxygen concentrator device;
    (5) The user, whose physician statement specifies the duration of 
oxygen use, must obtain from the aircraft operator, or by other means, 
the duration of the planned flight. The user must carry on the flight a 
sufficient number of batteries to power the device for the duration of 
the oxygen use specified in the user's physician statement, including a 
conservative estimate of any unanticipated delays; and
    (6) The user must ensure that all portable oxygen concentrator 
batteries carried onboard the aircraft in carry-on baggage are protected 
from short circuit and are packaged in a manner that protects them from 
physical damage. Batteries protected from short circuit include: (1) 
Those designed with recessed battery terminals; or (2) those packaged so 
that the battery terminals do not contact metal objects (including the 
battery terminals of other batteries). When a battery-powered oxygen 
concentrator is carried onboard aircraft as carry-on baggage and is not 
intended to be used during the flight, the battery must be removed and 
packaged separately unless the concentrator contains at least two 
effective protective features to prevent accidental operation during 
transport.
    Section 4. Expiration Date--This SFAR No. 106 will remain in effect 
until further notice.

[Doc. FAA-2004-18596, 70 FR 40164, July 12, 2005, as amended at 71 FR 
53956, Sept. 12, 2006]



                            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

[[Page 39]]

evaluation functions under an Advanced Qualification Program under SFAR 
No. 58 of 14 CFR part 121.
    (d) Nonstop Commercial Air Tours conducted for compensation or hire 
in accordance with Sec. 119.1(e)(2) of this chapter must comply with 
drug and alcohol requirements in Sec. Sec. 121.455, 121.457, 121.458 
and 121.459, and with the provisions of part 136, subpart A of this 
chapter by September 11, 2007. 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 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.
    (g) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each airplane.

[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-
328, 72 FR 6912, Feb. 13, 2007; Amdt. 121-336, 72 FR 63411, Nov. 8, 
2007]



Sec. 121.2  Compliance schedule for operators that transition to part 121; 

certain new entrant operators.

    (a) Applicability. This section applies to the following:
    (1) Each certificate holder that was issued an air carrier or 
operating certificate and operations specifications under the 
requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 
CFR part 121 before January 19, 1996, and that conducts scheduled 
passenger-carrying operations with:
    (i) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats;
    (ii) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats; or
    (iii) Turbojet engine powered airplanes having a passenger seat 
configuration of 1-30 seats.
    (2) Each person who, after January 19, 1996, applies for or obtains 
an initial air carrier or operating certificate and operations 
specifications to conduct scheduled passenger-carrying operations in the 
kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or 
paragraph (a)(1)(iii) of this section.
    (b) Obtaining operations specifications. A certificate holder 
described in paragraph (a)(1) of this section may not, after March 20, 
1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), 
or (a)(1)(iii) of this section in scheduled passenger-carrying 
operations, unless it obtains operations specifications to conduct its 
scheduled operations under this part on or before March 20, 1997.
    (c) Regular or accelerated compliance. Except as provided in 
paragraphs (d), (e), and (i) of this section, each certificate holder 
described in paragraphs (a)(1) of this section shall comply with each 
applicable requirement of this part on and after March 20, 1997 or on 
and after the date on which the certificate holder is issued operations 
specifications under this part, whichever occurs first. Except as 
provided in paragraphs (d) and (e) of this section, each person 
described in paragraph (a)(2) of this section shall comply with each 
applicable requirement of this part on and after the date on which that 
person is issued a certificate and operations specifications under this 
part.
    (d) Delayed compliance dates. Unless paragraph (e) of this section 
specifies an earlier compliance date, no certificate holder that is 
covered by paragraph (a) of this section may operate an airplane in 14 
CFR part 121 operations on or after a date listed in this paragraph (d) 
unless that airplane

[[Page 40]]

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.
    (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;

[[Page 41]]

    (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. 121.7  Definitions.

    The following definitions apply to those sections of part 121 that 
apply to ETOPS:
    Adequate Airport means an airport that an airplane operator may list 
with approval from the FAA because that airport meets the landing 
limitations of Sec. 121.197 and is either--
    (1) An airport that meets the requirements of part 139, subpart D of 
this chapter, excluding those that apply to aircraft rescue and 
firefighting service, or
    (2) A military airport that is active and operational.
    ETOPS Alternate Airport means an adequate airport listed in the 
certificate holder's operations specifications that is designated in a 
dispatch or flight release for use in the event of a diversion during 
ETOPS. This definition applies to flight planning and does not in any 
way limit the authority of the pilot-in-command during flight.
    ETOPS Area of Operation means one of the following areas:
    (1) For turbine-engine-powered airplanes with two engines, an area 
beyond 60 minutes from an adequate airport, computed using a one-engine-
inoperative cruise speed under standard conditions in still air.
    (2) For turbine-engine-powered passenger-carrying airplanes with 
more than two engines, an area beyond 180 minutes from an adequate 
airport, computed using a one-engine-inoperative cruise speed under 
standard conditions in still air.
    ETOPS Entry Point means the first point on the route of an ETOPS 
flight, determined using a one-engine-inoperative cruise speed under 
standard conditions in still air, that is--

[[Page 42]]

    (1) More than 60 minutes from an adequate airport for airplanes with 
two engines;
    (2) More than 180 minutes from an adequate airport for passenger-
carrying airplanes with more than two engines.
    ETOPS Qualified Person means a person, performing maintenance for 
the certificate holder, who has satisfactorily completed the certificate 
holder's ETOPS training program.
    Maximum Diversion Time means, for the purposes of ETOPS route 
planning, the longest diversion time authorized for a flight under the 
operator's ETOPS authority. It is calculated under standard conditions 
in still air at a one-engine-inoperative cruise speed.
    North Pacific Area of Operation means Pacific Ocean areas north of 
40[deg] N latitudes including NOPAC ATS routes, and published PACOTS 
tracks between Japan and North America.
    North Polar Area means the entire area north of 78[deg] N latitude.
    One-engine-inoperative-Cruise Speed means a speed within the 
certified operating limits of the airplane that is specified by the 
certificate holder and approved by the FAA for --
    (1) Calculating required fuel reserves needed to account for an 
inoperative engine; or
    (2) Determining whether an ETOPS alternate is within the maximum 
diversion time authorized for an ETOPS flight.
    South Polar Area means the entire area South of 60[deg] S latitude.

[Doc. No. FAA-2002-6717, 72 FR 1878, Jan. 16, 2007]



Sec. 121.11  Rules applicable to operations in a foreign country.

    Each certificate holder shall, while operating an airplane within a 
foreign country, comply with the air traffic rules of the country 
concerned and the local airport rules, except where any rule of this 
part is more restrictive and may be followed without violating the rules 
of that country.

[Doc. No. 16383, 43 FR 22641, May 25, 1978]



Sec. 121.15  Carriage of narcotic drugs, marihuana, and depressant or 

stimulant drugs or substances.

    If a certificate holder operating under this part permits any 
aircraft owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) 
of this chapter, that operation is a basis for suspending or revoking 
the certificate.

[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]

Subpart B--Certification Rules for Domestic and Flag Air Carriers 
[Reserved]

Subpart C--Certification Rules for Supplemental Air Carriers and Commercial 
Operators [Reserved]

Subpart D--Rules Governing All Certificate Holders Under This Part 
[Reserved]



       Subpart E_Approval of Routes: Domestic and Flag Operations

    Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.91  Applicability.

    This subpart prescribes rules for obtaining approval of routes by 
certificate holders conducting domestic or flag operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.93  Route requirements: General.

    (a) Each certificate holder conducting domestic or flag operations 
seeking a route approval must show--
    (1) That it is able to conduct satisfactorily scheduled operations 
between each regular, provisional, and refueling airport over that route 
or route segment; and
    (2) That the facilities and services required by 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

[[Page 43]]

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. After February 15, 2008, for ETOPS beyond 
180 minutes or operations in the North Polar area and South Polar area, 
this includes facilities at each airport or in the immediate area 
sufficient to protect the passengers from the elements and to see to 
their welfare.
    (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

[[Page 44]]

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; Amdt. 121-329, 72 FR 1878, 
Jan. 16, 2007]



Sec. 121.99  Communications facilities--domestic and flag operations.

    (a) Each certificate holder conducting domestic or flag operations 
must show that a two-way communication system, or other means of 
communication approved by the FAA certificate holding district office, 
is available over the entire route. The communications may be direct 
links or via an approved communication link that will provide reliable 
and rapid communications under normal operating conditions between each 
airplane and the appropriate dispatch office, and between each airplane 
and the appropriate air traffic control unit.
    (b) Except in an emergency, for all flag and domestic kinds of 
operations, the communications systems between each airplane and the 
dispatch office must be independent of any system operated by the United 
States.
    (c) Each certificate holder conducting flag operations must provide 
voice communications for ETOPS where voice communication facilities are 
available. In determining whether facilities are available, the 
certificate holder must consider potential routes and altitudes needed 
for diversion to ETOPS Alternate Airports. Where facilities are not 
available or are of such poor quality that voice communication is not 
possible, another communication system must be substituted.
    (d) Except as provided in paragraph (e) of this section, after 
February 15, 2008 for ETOPS beyond 180 minutes, each certificate holder 
conducting flag operations must have a second communication system in 
addition to that required by paragraph (c) of this section. That system 
must be able to provide immediate satellite-based voice communications 
of landline-telephone fidelity. The system must be able to communicate 
between the flight crew and air traffic services, and the flight crew 
and the certificate holder. In determining whether such communications 
are available, the certificate holder must consider potential routes and 
altitudes needed for diversion to ETOPS Alternate Airports. Where 
immediate, satellite-based voice communications are not available, or 
are of such poor quality that voice communication is not possible, 
another communication system must be substituted.
    (e) Operators of two-engine turbine-powered airplanes with 207 
minute ETOPS approval in the North Pacific Area of Operation must comply 
with the requirements of paragraph (d) of this section as of February 
15, 2007.

[Doc. No. 28154, 62 FR 13256, Mar. 19, 1997, as amended by Amdt. 121-
329, 72 FR 1878, Jan. 16, 2007; Amdt. 121-333, 72 FR 31680, June 7, 
2007]



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 paragraph (d) of this section, no 
certificate holder conducting domestic or flag operations may use any 
weather report to control flight unless--
    (1) For operations within the 48 contiguous States and the District 
of Columbia, it was prepared by the U.S. National Weather Service or a 
source approved by the U.S. National Weather Service; or
    (2) For operations conducted outside the 48 contiguous States and 
the District of Columbia, it was prepared by a source approved by the 
Administrator.
    (c) Each certificate holder conducting domestic or flag operations 
that uses forecasts to control flight movements shall use forecasts 
prepared from weather reports specified in paragraph (b) of this section 
and from any source approved under its system

[[Page 45]]

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 navigation 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 (including to any regular, provisional, refueling or 
alternate airports), that suitable navigation aids are available to 
navigate the airplane along the route within the degree of accuracy 
required for ATC. Navigation aids required for approval of routes 
outside of controlled airspace are listed in the certificate holder's 
operations specifications except for those aids required for routes to 
alternate airports.
    (b) Navigation aids are not required for any of the following 
operations--
    (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) Other operations approved by the certificate holding district 
office.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]



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. 121.106  ETOPS Alternate Airport: Rescue and fire fighting service.

    (a) Except as provided in paragraph (b) of this section, the 
following rescue and fire fighting service (RFFS) must be available at 
each airport listed as an ETOPS Alternate Airport in a dispatch or 
flight release.
    (1) For ETOPS up to 180 minutes, each designated ETOPS Alternate 
Airport must have RFFS equivalent to that specified by ICAO as Category 
4, or higher.
    (2) For ETOPS beyond 180 minutes, each designated ETOPS Alternate 
Airport must have RFFS equivalent to that specified by ICAO Category 4, 
or higher. In addition, the aircraft must remain within the ETOPS 
authorized diversion time from an Adequate Airport that has RFFS 
equivalent to that specified by ICAO Category 7, or higher.
    (b) If the equipment and personnel required in paragraph (a) of this 
section are not immediately available at an airport, the certificate 
holder may still list the airport on the dispatch or flight release if 
the airport's RFFS can be augmented to meet paragraph (a) of this 
section from local fire fighting assets. A 30-minute response time for 
augmentation is adequate if the local assets can be notified while the 
diverting airplane is en route. The augmenting equipment and personnel 
must be available on arrival of the diverting airplane and must remain 
as long as the diverting airplane needs RFFS.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



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]

[[Page 46]]



   Subpart F_Approval of Areas and Routes for Supplemental Operations

    Source: Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.111  Applicability.

    This subpart prescribes rules for obtaining approval of areas and 
routes by certificate holders conducting supplemental operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.113  Area and route requirements: General.

    (a) Each certificate holder conducting supplemental operations 
seeking route and area approval must show--
    (1) That it is able to conduct operations within the United States 
in accordance with paragraphs (a) (3) and (4) of this section;
    (2) That it is able to conduct operations in accordance with the 
applicable requirements for each area outside the United States for 
which authorization is requested;
    (3) That it is equipped and able to conduct operations over, and use 
the navigational facilities associated with, the Federal airways, 
foreign airways, or advisory routes (ADR's) to be used; and
    (4) That it will conduct all IFR and night VFR operations over 
Federal airways, foreign airways, controlled airspace, or advisory 
routes (ADR's).
    (b) Notwithstanding paragraph (a)(4) of this section, the 
Administrator may approve a route outside of controlled airspace if the 
certificate holder conducting supplemental operations shows the route is 
safe for operations and the Administrator finds that traffic density is 
such that an adequate level of safety can be assured. The certificate 
holder may not use such a route unless it is approved by the 
Administrator and is listed in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.115  Route width.

    (a) Routes and route segments over Federal airways, foreign airways, 
or advisory routes have a width equal to the designated width of those 
airways or advisory routes. Whenever the Administrator finds it 
necessary to determine the width of other routes, he considers the 
following:
    (1) Terrain clearance.
    (2) Minimum en route altitudes.
    (3) Ground and airborne navigation aids.
    (4) Air traffic density.
    (5) ATC procedures.
    (b) Any route widths of other routes determined by the Administrator 
are specified in the certificate holder's operations specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.117  Airports: Required data.

    (a) No certificate holder conducting supplemental operations may use 
any airport unless it is properly equipped and adequate for the proposed 
operation, considering such items as size, surface, obstructions, 
facilities, public protection, lighting, navigational and communications 
aids, and ATC.
    (b) Each certificate holder conducting supplemental operations must 
show that it has an approved system for obtaining, maintaining, and 
distributing to appropriate personnel current aeronautical data for each 
airport it uses to ensure a safe operation at that airport. The 
aeronautical data must include the following:
    (1) Airports.
    (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.

[[Page 47]]

    (4) Obstacles.
    (i) Those affecting takeoff and landing performance computations in 
accordance with Subpart I of this part.
    (ii) Controlling obstacles.
    (5) Instrument flight procedures.
    (i) Departure procedure.
    (ii) Approach procedure.
    (iii) Missed approach procedure.
    (6) Special information.
    (i) Runway visual range measurement equipment.
    (ii) Prevailing winds under low visibility conditions.
    (c) If the certificate-holding district office charged with the 
overall inspection of the certificate holder's operations finds that 
revisions are necessary for the continued adequacy of the certificate 
holder's system for collection, dissemination, and usage of aeronautical 
data that has been granted approval, the certificate holder shall, after 
notification by the certificate-holding district office, make those 
revisions in the system. Within 30 days after the certificate holder 
receives such notice, the certificate holder may file a petition to 
reconsider the notice with the Director, Flight Standards Service. This 
filing of a petition to reconsider stays the notice pending a decision 
by the Director, Flight Standards Service. However, if the certificate-
holding district office finds that there is an emergency that requires 
immediate action in the interest of safety in air transportation, the 
Director, Flight Standards Service may, upon a statement of the reasons, 
require a change effective without stay.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 
45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.119  Weather reporting facilities.

    (a) No certificate holder conducting supplemental operations may use 
any weather report to control flight unless it was prepared and released 
by the U.S. National Weather Service or a source approved by the Weather 
Bureau. For operations outside the U.S., or at U.S. Military airports, 
where those reports are not available, the certificate holder must show 
that its weather reports are prepared by a source found satisfactory by 
the Administrator.
    (b) Each certificate holder conducting supplemental operations that 
uses forecasts to control flight movements shall use forecasts prepared 
from weather reports specified in paragraph (a) of this section.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 
36 FR 13911, July 28, 1971; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.121  En route navigation facilities.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder conducting supplemental operations may conduct any 
operation over a route (including to any destination, refueling or 
alternate airports) unless suitable navigation aids are available to 
navigate the airplane along the route within the degree of accuracy 
required for ATC. Navigation aids required for routes outside of 
controlled airspace are listed in the certificate holder's operations 
specifications except for those aids required for routes to alternate 
airports.
    (b) Navigation aids are not required for any of the following 
operations--
    (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) Other operations approved by the certificate holding district 
office.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]



Sec. 121.122  Communications facilities--supplemental operations.

    (a) Each certificate holder conducting supplemental operations other 
than all-cargo operations in an airplane with more than two engines must 
show that a two-way radio communication system or other means of 
communication approved by the FAA is available. It must 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

[[Page 48]]

and the certificate holder, and between each airplane and the 
appropriate air traffic services, except as specified in Sec. 
121.351(c).
    (b) Except as provided in paragraph (d) of this section, each 
certificate holder conducting supplemental operations other than all-
cargo operations in an airplane with more than two engines must provide 
voice communications for ETOPS where voice communication facilities are 
available. In determining whether facilities are available, the 
certificate holder must consider potential routes and altitudes needed 
for diversion to ETOPS Alternate Airports. Where facilities are not 
available or are of such poor quality that voice communication is not 
possible, another communication system must be substituted.
    (c) Except as provided in paragraph (d) of this section, for ETOPS 
beyond 180 minutes each certificate holder conducting supplemental 
operations other than all-cargo operations in an airplane with more than 
two engines must have a second communication system in addition to that 
required by paragraph (b) of this section. That system must be able to 
provide immediate satellite-based voice communications of landline 
telephone-fidelity. The system must provide communication capabilities 
between the flight crew and air traffic services and the flight crew and 
the certificate holder. In determining whether such communications are 
available, the certificate holder must consider potential routes and 
altitudes needed for diversion to ETOPS Alternate Airports. Where 
immediate, satellite-based voice communications are not available, or 
are of such poor quality that voice communication is not possible, 
another communication system must be substituted.
    (d) Operators of turbine engine powered airplanes do not need to 
meet the requirements of paragraphs (b) and (c) of this section until 
February 15, 2008.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



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 auxiliary equipment.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



Sec. 121.125  Flight following system.

    (a) Each certificate holder conducting supplemental operations must 
show that it has--
    (1) An approved flight following system established in accordance 
with subpart U of this part and adequate for the proper monitoring of 
each flight, considering the operations to be conducted; and
    (2) Flight following centers located at those points necessary--
    (i) To ensure the proper monitoring of the progress of each flight 
with respect to its departure at the point of origin and arrival at its 
destination, including intermediate stops and diversions therefrom, and 
maintenance or mechanical delays encountered at those points or stops; 
and
    (ii) To ensure that the pilot in command is provided with all 
information necessary for the safety of the flight.
    (b) A certificate holder conducting supplemental operations may 
arrange to have flight following facilities provided by persons other 
than its employees, but in such a case the certificate holder continues 
to be primarily responsible for operational control of each flight.
    (c) A flight following system need not provide for in-flight 
monitoring by a flight following center.
    (d) The certificate holder's operations specifications specify the 
flight following system it is authorized to use and the location of the 
centers.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.127  Flight following system; requirements.

    (a) Each certificate holder conducting supplemental operations using 
a flight following system must show that--

[[Page 49]]

    (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  Manual contents.

    (a) Each manual required by Sec. 121.133 must--
    (1) Include instructions and information necessary to allow the 
personnel concerned to perform their duties and responsibilities with a 
high degree of safety;
    (2) Be in a form that is easy to revise;
    (3) Have the date of last revision on each page concerned; and
    (4) Not be contrary to any applicable Federal regulation and, in the 
case of a flag or supplemental operation, any applicable foreign 
regulation, or the certificate holder's operations specifications or 
operating certificate.
    (b) The manual may be in two or more separate parts, containing 
together all of the following information, but each part must contain 
that part of the information that is appropriate for each group of 
personnel:
    (1) General policies.
    (2) Duties and responsibilities of each crewmember, appropriate 
members of the ground organization, and management personnel.
    (3) Reference to appropriate Federal Aviation Regulations.
    (4) Flight dispatching and operational control, including procedures 
for coordinated dispatch or flight control or flight following 
procedures, as applicable.
    (5) En route flight, navigation, and communication procedures, 
including procedures for the dispatch or release or continuance of 
flight if any item of equipment required for the particular type of 
operation becomes inoperative or unserviceable en route.
    (6) For domestic or flag operations, appropriate information from 
the en route operations specifications, including for each approved 
route the types of airplanes authorized, the type of operation such as 
VFR, IFR, day, night, etc., and any other pertinent information.
    (7) For supplemental operations, appropriate information from the 
operations specifications, including the area of operations authorized, 
the types of airplanes authorized, the type of operation such as VFR, 
IFR, day, night, etc., and any other pertinent information.
    (8) Appropriate information from the airport operations 
specifications, including for each airport--

[[Page 50]]

    (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) For ETOPS, airplane performance data to support all phases of 
these operations.
    (11) Procedures for familiarizing passengers with the use of 
emergency equipment, during flight.
    (12) Emergency equipment and procedures.
    (13) The method of designating succession of command of flight 
crewmembers.
    (14) Procedures for determining the usability of landing and takeoff 
areas, and for disseminating pertinent information thereon to operations 
personnel.
    (15) Procedures for operating in periods of ice, hail, 
thunderstorms, turbulence, or any potentially hazardous meteorological 
condition.
    (16) Each training program curriculum required by Sec. 121.403.
    (17) Instructions and procedures for maintenance, preventive 
maintenance, and servicing.
    (18) Time limitations, or standards for determining time 
limitations, for overhauls, inspections, and checks of airframes, 
engines, propellers, appliances and emergency equipment.
    (19) Procedures for refueling aircraft, eliminating fuel 
contamination, protection from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling.
    (20) Airworthiness inspections, including instructions covering 
procedures, standards, responsibilities, and authority of inspection 
personnel.
    (21) Methods and procedures for maintaining the aircraft weight and 
center of gravity within approved limits.
    (22) Where applicable, pilot and dispatcher route and airport 
qualification procedures.
    (23) Accident notification procedures.
    (24) After February 15, 2008, for passenger flag operations and for 
those supplemental operations that are not all-cargo operations outside 
the 48 contiguous States and Alaska,
    (i) For ETOPS greater than 180 minutes a specific passenger recovery 
plan for each ETOPS Alternate Airport used in those operations, and
    (ii) For operations in the North Polar Area and South Polar Area a 
specific passenger recovery plan for each diversion airport used in 
those operations.
    (25)(i) Procedures and information, as described in paragraph 
(b)(25)(ii) of this section, to assist each crewmember and person 
performing or directly supervising the following job functions involving 
items for transport on an aircraft:
    (A) Acceptance;
    (B) Rejection;
    (C) Handling;
    (D) Storage incidental to transport;
    (E) Packaging of company material; or
    (F) Loading.
    (ii) Ensure that the procedures and information described in this 
paragraph are sufficient to assist the person in identifying packages 
that are marked or labeled as containing hazardous materials or that 
show signs of containing undeclared hazardous materials. The procedures 
and information must include:
    (A) Procedures for rejecting packages that do not conform to the 
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that 
appear to contain undeclared hazardous materials;
    (B) Procedures for complying with the hazardous materials incident 
reporting requirements of 49 CFR 171.15 and 171.16 and discrepancy 
reporting requirements of 49 CFR 175.31
    (C) The certificate holder's hazmat policies and whether the 
certificate holder is authorized to carry, or is prohibited from 
carrying, hazardous materials; and
    (D) If the certificate holder's operations specifications permit the 
transport of hazardous materials, procedures and information to ensure 
the following:
    (1) That packages containing hazardous materials are properly 
offered

[[Page 51]]

and accepted in compliance with 49 CFR parts 171 through 180;
    (2) That packages containing hazardous materials are properly 
handled, stored, packaged, loaded, and carried on board an aircraft in 
compliance with 49 CFR parts 171 through 180;
    (3) That the requirements for Notice to the Pilot in Command (49 CFR 
175.33) are complied with; and
    (4) That aircraft replacement parts, consumable materials or other 
items regulated by 49 CFR parts 171 through 180 are properly handled, 
packaged, and transported.
    (26) Other information or instructions relating to safety.
    (c) Each certificate holder shall maintain at least one complete 
copy of the manual at its principal base of operations.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 
38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; 
Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, 
July 10, 1980; Amdt. 121-251, 60 FR 65926, Dec. 20, 1995; Amdt. 121-250, 
60 FR 65948, Dec. 20, 1995; Amdt. 121-316, 70 FR 58823, Oct. 7, 2005; 
Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]



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

[[Page 52]]

Manual. If the certificate holder elects to carry the manual required by 
Sec. 121.133, the certificate holder may revise the operating 
procedures sections and modify the presentation of performance data from 
the applicable flight manual if the revised operating procedures and 
modified performance date presentation are--
    (1) Approved by the Administrator; and
    (2) Clearly identified as airplane flight manual requirements.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



                     Subpart H_Aircraft Requirements

    Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.151  Applicability.

    This subpart prescribes aircraft requirements for all certificate 
holders.



Sec. 121.153  Aircraft requirements: General.

    (a) Except as provided in paragraph (c) of this section, no 
certificate holder may operate an aircraft unless that aircraft--
    (1) Is registered as a civil aircraft of the United States and 
carries an appropriate current airworthiness certificate issued under 
this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) A certificate holder may use an approved weight and balance 
control system based on average, assumed, or estimated weight to comply 
with applicable airworthiness requirements and operating limitations.
    (c) A certificate holder may operate in common carriage, and for the 
carriage of mail, a civil aircraft which is leased or chartered to it 
without crew and is registered in a country which is a party to the 
Convention on International Civil Aviation if--
    (1) The aircraft carries an appropriate airworthiness certificate 
issued by the country of registration and meets the registration and 
identification requirements of that country;
    (2) The aircraft is of a type design which is approved under a U.S. 
type certificate and complies with all of the requirements of this 
chapter (14 CFR Chapter 1) that would be applicable to that aircraft 
were it registered in the United States, including the requirements 
which must be met for issuance of a U.S. standard airworthiness 
certificate (including type design conformity, condition for safe 
operation, and the noise, fuel venting, and engine emission requirements 
of this chapter), except that a U.S. registration certificate and a U.S. 
standard airworthiness certificate will not be issued for the aircraft;
    (3) The aircraft is operated by U.S.-certificated airmen employed by 
the certificate holder; and
    (4) The certificate holder files a copy of the aircraft lease or 
charter agreement with the FAA Aircraft Registry, Department of 
Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK 
(Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 
45 FR 68649, Oct. 16, 1980]



Sec. 121.155  [Reserved]



Sec. 121.157  Aircraft certification and equipment requirements.

    (a) Airplanes certificated before July 1, 1942. No certificate 
holder may operate an airplane that was type certificated before July 1, 
1942, unless--
    (1) That airplane meets the requirements of Sec. 121.173(c), or
    (2) That airplane and all other airplanes of the same or related 
type operated by that certificate holder meet 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).

[[Page 53]]

    (c) C-46 type airplanes: passenger-carrying operations. No 
certificate holder may operate a C-46 airplane in passenger-carrying 
operations unless that airplane is operated in accordance with the 
operating limitations for transport category airplanes and meets the 
requirements of paragraph (b) of this section or meets the requirements 
of part 4b, as in effect July 20, 1950, and the requirements of Sec. 
121.173 (a), (b), (d) and (e), except that--
    (1) The requirements of sections 4b.0 through 4b.19 as in effect May 
18, 1954, must be complied with;
    (2) The birdproof windshield requirements of section 4b.352 need not 
be complied with;
    (3) The provisions of sections 4b.480 through 4b.490 (except 
sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be 
complied with; and
    (4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 
1950, must be complied with.

In determining the takeoff path in accordance with section 4b.116 and 
the one-engine inoperative climb in accordance with section 4b.120 (a) 
and (b), the propeller of the inoperative engine may be assumed to be 
feathered if the airplane is equipped with either an approved means for 
automatically indicating when the particular engine has failed or an 
approved means for automatically feathering the propeller of the 
inoperative engine. The Administrator may authorize deviations from 
compliance with the requirements of sections 4b.130 through 4b.190 and 
subparts C, D, E, and F of part 4b (as designated in this paragraph) if 
he finds that (considering the effect of design changes) compliance is 
extremely difficult to accomplish and that service experience with the 
C-46 airplane justifies the deviation.
    (d) C-46 type airplanes: cargo operations. No certificate holder may 
use a nontransport category C-46 type airplane in cargo operations 
unless--
    (1) It is certificated at a maximum gross weight that is not greater 
than 48,000 pounds;
    (2) It meets the requirements of 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.

[[Page 54]]

    (g) Certain newly manufactured airplanes. No certificate holder may 
operate an airplane under this part that was type certificated as 
described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section and 
that was manufactured after March 20, 1997, unless it meets the 
performance requirements in appendix K of this part.
    (h) Newly type certificated airplanes. No person may operate under 
this part an airplane for which the application for a type certificate 
is submitted after March 29, 1995, unless the airplane is type 
certificated under part 25 of this chapter.

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65927, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.159  Single-engine airplanes prohibited.

    No certificate holder may operate a single-engine airplane under 
this part.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



Sec. 121.161  Airplane limitations: Type of route.

    (a) Except as provided in paragraph (e) of this section, unless 
approved by the Administrator in accordance with Appendix P of this part 
and authorized in the certificate holder's operations specifications, no 
certificate holder may operate a turbine-engine-powered airplane over a 
route that contains a point--
    (1) Farther than a flying time from an Adequate Airport (at a one-
engine-inoperative cruise speed under standard conditions in still air) 
of 60 minutes for a two-engine airplane or 180 minutes for a passenger-
carrying airplane with more than two engines;
    (2) Within the North Polar Area; or
    (3) Within the South Polar Area.
    (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.
    (d) 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 a reciprocating-engine-
powered airplane over a route that contains a point farther than 60 
minutes flying time (at a one-engine-inoperative cruise speed under 
standard conditions in still air) from an Adequate Airport.
    (e) Operators of turbine-engine powered airplanes with more than two 
engines do not need to meet the requirements of paragraph (a)(1) of this 
section until February 15, 2008.

[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; 
Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]



Sec. 121.162  ETOPS Type Design Approval Basis.

    Except for a passenger-carrying airplane with more than two engines 
manufactured prior to February 17, 2015 and except for a two-engine 
airplane that, when used in ETOPS, is only used for ETOPS of 75 minutes 
or less, no certificate holder may conduct ETOPS unless the airplane has 
been type design approved for ETOPS and each airplane used in ETOPS 
complies with its CMP document as follows:
    (a) For a two-engine airplane, that is of the same model airplane-
engine combination that received FAA approval for ETOPS up to 180 
minutes prior to February 15, 2007, the CMP document for that model 
airplane-engine combination in effect on February 14, 2007.
    (b) For a two-engine airplane, that is not of the same model 
airplane-engine combination that received FAA approval for ETOPS up to 
180 minutes before February 15, 2007, the CMP document for that new 
model airplane-engine combination issued in accordance with Sec. 
25.3(b)(1) of this chapter.
    (c) For a two-engine airplane approved for ETOPS beyond 180 minutes,

[[Page 55]]

the CMP document for that model airplane-engine combination issued in 
accordance with Sec. 25.3(b)(2) of this chapter.
    (d) For an airplane with more than 2 engines manufactured on or 
after February 17, 2015, the CMP document for that model airplane-engine 
combination issued in accordance with Sec. 25.3(c) of this chapter.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



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.



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

[[Page 56]]

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 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

[[Page 57]]

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.
    (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

[[Page 58]]

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
    (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

[[Page 59]]

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]



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.

[[Page 60]]

    (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 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--

[[Page 61]]

    (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 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

[[Page 62]]

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 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

[[Page 63]]

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.
    (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.

[[Page 64]]



Sec. 121.199  Nontransport category airplanes: Takeoff limitations.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight greater than the weight that would allow 
the airplane to be brought to a safe stop within the effective length of 
the runway, from any point during the takeoff before reaching 105 
percent of minimum control speed (the minimum speed at which an airplane 
can be safely controlled in flight after an engine becomes inoperative) 
or 115 percent of the power off stalling speed in the takeoff 
configuration, whichever is greater.
    (b) For the purposes of this section--
    (1) It may be assumed that takeoff power is used on all engines 
during the acceleration;
    (2) Not more than 50 percent of the reported headwind component, or 
not less than 150 percent of the reported tailwind component, may be 
taken into account;
    (3) The average runway gradient (the difference between the 
elevations of the endpoints of the runway divided by the total length) 
must be considered if it is more than one-half of 1 percent;
    (4) It is assumed that the airplane is operating in standard 
atmosphere; and
    (5) The effective length of the runway for takeoff means the 
distance from the end of the runway at which the takeoff is started to a 
point at which the obstruction clearance plane associated with the other 
end of the runway intersects the runway centerline.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.201  Nontransport category airplanes: En route limitations: One 

engine inoperative.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a nontransport category airplane may take off that airplane at 
a weight that does not allow a rate of climb of at least 50 feet a 
minute, with the critical engine inoperative, at an altitude of at least 
1,000 feet above the highest obstruction within five miles on each side 
of the intended track, or 5,000 feet, whichever is higher.
    (b) Notwithstanding paragraph (a) of this section, if the 
Administrator finds that safe operations are not impaired, a person may 
operate the airplane at an altitude that allows the airplane, in case of 
engine failure, to clear all obstructions within 5 miles on each side of 
the intended track by 1,000 feet. If this procedure is used, the rate of 
descent for the appropriate weight and altitude is assumed to be 50 feet 
a minute greater than the rate in the approved performance data. Before 
approving such a procedure, the Administrator considers the following 
for the route, route segment, or area concerned:
    (1) The reliability of wind and weather forecasting.
    (2) The location and kinds of navigation aids.
    (3) The prevailing weather conditions, particularly the frequency 
and amount of turbulence normally encountered.
    (4) Terrain features.
    (5) Air traffic control problems.
    (6) Any other operational factors that affect the operation.
    (c) For the purposes of this section, it is assumed that--
    (1) The critical engine is inoperative;
    (2) The propeller of the inoperative engine is in the minimum drag 
position;
    (3) The wing flaps and landing gear are in the most favorable 
position;
    (4) The operating engines are operating at the maximum continuous 
power available;
    (5) The airplane is operating in standard atmosphere; and
    (6) The weight of the airplane is progressively reduced by the 
anticipated consumption of fuel and oil.



Sec. 121.203  Nontransport category airplanes: Landing limitations: 

Destination airport.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight that--
    (1) Allowing for anticipated consumption of fuel and oil, is greater 
than the weight that would allow a full stop landing within 60 percent 
of the effective length of the most suitable runway at the destination 
airport; and

[[Page 65]]

    (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.
    (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.

[[Page 66]]

    (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 the crew to effectively reach all of the compartment and its 
contents with a hand fire extinguisher and the compartment is so 
designed that, when the access provisions are being used, no hazardous 
amount of smoke, flames, or extinguishing agent enters any compartment 
occupied by the crew or passengers. Each Class B compartment must comply 
with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) There must be a hand fire extinguisher available for the 
compartment.
    (3) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (d) Class C. Cargo and baggage compartments are classified in the 
``C'' category if they do not conform with the requirements for the 
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must 
comply with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) It must have an approved built-in fire-extinguishing system 
controlled from the pilot or flight engineer station.
    (3) It must be designed to exclude hazardous quantities of smoke, 
flames, or extinguishing agents from entering

[[Page 67]]

into any compartment occupied by the crew or passengers.
    (4) It must have ventilation and draft controlled so that the 
extinguishing agent provided can control any fire that may start in the 
compartment.
    (5) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (e) Class D. Cargo and baggage compartments are classified in the 
``D'' category if they are so designed and constructed that a fire 
occurring therein will be completely confined without endangering the 
safety of the airplane or the occupants. Each Class D compartment must 
comply with the following:
    (1) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering any compartment occupied by the 
crew or passengers.
    (2) Ventilation and drafts must be controlled within each 
compartment so that any fire likely to occur in the compartment will not 
progress beyond safe limits.
    (3) It must be completely lined with fire-resistant material.
    (4) Consideration must be given to the effect of heat within the 
compartment on adjacent critical parts of the airplane.
    (f) Class E. On airplanes used for the carriage of cargo only, the 
cabin area may be classified as a Class ``E'' compartment. Each Class E 
compartment must comply with the following:
    (1) It must be completely lined with fire-resistant material.
    (2) It must have a separate system of an approved type smoke or fire 
detector to give warning at the pilot or flight engineer station.
    (3) It must have a means to shut off the ventilating air flow to or 
within the compartment and the controls for that means must be 
accessible to the flight crew in the crew compartment.
    (4) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering the flight crew compartment.
    (5) Required crew emergency exits must be accessible under all cargo 
loading conditions.



Sec. 121.223  Proof of compliance with Sec. 121.221.

    Compliance with those provisions of Sec. 121.221 that refer to 
compartment accessibility, the entry of hazardous quantities of smoke or 
extinguishing agent into compartments occupied by the crew or 
passengers, and the dissipation of the extinguishing agent in Class 
``C'' compartments must be shown by tests in flight. During these tests 
it must be shown that no inadvertent operation of smoke or fire 
detectors in other compartments within the airplane would occur as a 
result of fire contained in any one compartment, either during the time 
it is being extinguished, or thereafter, unless the extinguishing system 
floods those compartments simultaneously.



Sec. 121.225  Propeller deicing fluid.

    If combustible fluid is used for propeller deicing, the certificate 
holder must comply with Sec. 121.255.



Sec. 121.227  Pressure cross-feed arrangements.

    (a) Pressure cross-feed lines may not pass through parts of the 
airplane used for carrying persons or cargo unless--
    (1) There is a means to allow crewmembers to shut off the supply of 
fuel to these lines; or
    (2) The lines are enclosed in a fuel and fume-proof enclosure that 
is ventilated and drained to the exterior of the airplane.

However, such an enclosure need not be used if those lines incorporate 
no fittings on or within the personnel or cargo areas and are suitably 
routed or protected to prevent accidental damage.
    (b) Lines that can be isolated from the rest of the fuel system by 
valves at each end must incorporate provisions for relieving excessive 
pressures that may result from exposure of the isolated line to high 
temperatures.



Sec. 121.229  Location of fuel tanks.

    (a) Fuel tanks must be located in accordance with Sec. 121.255.
    (b) No part of the engine nacelle skin that lies immediately behind 
a major

[[Page 68]]

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 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

[[Page 69]]

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.



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.

[[Page 70]]

    (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. 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

[[Page 71]]

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 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:

[[Page 72]]

    (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;
    (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

[[Page 73]]

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.
    (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]

[[Page 74]]



Sec. 121.295  Location for a suspect device.

    After November 28, 2009, all airplanes with a maximum certificated 
passenger seating capacity of more than 60 persons must have a location 
where a suspected explosive or incendiary device found in flight can be 
placed to minimize the risk to the airplane.

[Doc. No. FAA-2006-26722, 73 FR 63880, Oct. 28, 2008]



             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 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.

[[Page 75]]

    (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.
    (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.

[[Page 76]]

    (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:
    (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.

[[Page 77]]

    (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]

    Editorial Note: For Federal Register citations affecting Sec. 
121.309, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 121.310  Additional emergency equipment.

    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more than 6 
feet from the ground with the airplane on the ground and the landing 
gear extended, must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor-level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings. However, if the 
Administrator finds that the design of the exit makes compliance 
impractical, he may grant a deviation from the requirement 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

[[Page 78]]

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 power supply to the emergency lighting 
system is independent of the power supply to the main lighting system.
    The emergency lighting system must--
    (1) Illuminate each passenger exit marking and locating sign;
    (2) Provide enough general lighting in the passenger cabin so that 
the average illumination when measured at 40-inch intervals at seat 
armrest height, on the centerline of the main passenger aisle, is at 
least 0.05 foot-candles; and
    (3) For airplanes type certificated after January 1, 1958, after 
November 26, 1986, include floor proximity emergency escape path marking 
which meets the requirements of Sec. 25.812(e) of this chapter in 
effect on November 26, 1984.
    (d) Emergency light operation. Except for lights forming part of 
emergency lighting subsystems provided in compliance with Sec. 
25.812(h) of this chapter (as prescribed in paragraph (h) of this 
section) that serve no more than one assist means, are independent of 
the airplane's main emergency lighting

[[Page 79]]

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 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,

[[Page 80]]

    (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.
    (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 81]]

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, 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

[[Page 82]]

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 a label or markings showing:
    (1) That the seat was approved by a foreign government;
    (2) That the seat was manufactured under the standards of the United 
Nations; or
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph (b) (2) 
(i) of this section, was approved by the FAA in accordance with Sec. 
21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec. 121.311(b)(2)(ii)(C)(3) and Sec. 
121.311(b)(2)(ii)(C)(4), 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
    (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) Except as provided in Sec. 121.311(b)(2)(ii)(C)(3) and Sec. 
121.311(b)(2)(ii)(C)(4), 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.

[[Page 83]]

    (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 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.
    (j) After October 27, 2009, no person may operate a transport 
category airplane type certificated after January 1,

[[Page 84]]

1958 and manufactured on or after October 27, 2009 in passenger-carrying 
operations under this part unless all passenger and flight attendant 
seats on the airplane meet the requirements of Sec. 25.562 in effect on 
or after June 16, 1988.

[Doc No. 7522, 32 FR 13267, Sept. 20, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
121.311, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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, 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),

[[Page 85]]

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 is installed in the fuselage as replacements 
after September 2, 2005, the insulation must meet the flame propagation 
requirements of Sec. 25.856 of this chapter, effective September 2, 
2003, if it is:
    (i) Of a blanket construction or
    (ii) Installed around air ducting.
    (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 2, 2009, 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; Amdt. 121-320, 70 FR 77752, Dec. 30, 
2005; Amdt. 121-330, 72 FR 1442, Jan. 12, 2007]

[[Page 86]]



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 87]]

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.
    (k) Except for all-cargo operations as defined in Sec. 119.3 of 
this chapter, for all passenger-carrying airplanes that require a 
lockable flightdeck door in accordance with paragraph (f) of this 
section, a means to monitor from the flightdeck side of the door the 
area outside the flightdeck door to identify persons requesting entry 
and to detect suspicious behavior and potential threats.

[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; Amdt. 121-334, 72 FR 45635, Aug. 15, 2007]



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

[[Page 88]]

30, 1991, must meet the requirements of Sec. 25.963(e) of this chapter 
in effect on October 30, 1989.

[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]



Sec. 121.317  Passenger information 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

[[Page 89]]

with paragraphs (f), (g), (h), and (l) of this section.
    (l) A certificate holder may operate a nontransport category 
airplane type certificated after December 31, 1964, that is manufactured 
before December 20, 1997, if it is equipped with at least one placard 
that is legible to each person seated in the cabin that states ``Fasten 
Seat Belt,'' and if, during any movement on the surface, for each 
takeoff, for each landing, and at any other time considered necessary by 
the pilot in command, a crewmember orally instructs the passengers to 
fasten their seat belts.

[Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as amended by Amdt. 121-
196, 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar. 7, 1990; 
Amdt. 121-230, 57 FR 42673, Sept. 15, 1992; Amdt. 121-251, 60 FR 65931, 
Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996; 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;

[[Page 90]]

    (iii) The alerting system required by paragraph (b)(5)(ii) of this 
section must have a means for the recipient of a call to determine 
whether it is a normal call or an emergency call; and
    (iv) When the airplane is on the ground, it must provide a means of 
two-way communication between ground personnel and either of at least 
two flight crewmembers in the pilot compartment. The interphone system 
station for use by ground personnel must be so located that personnel 
using the system may avoid visible detection from within the airplane.

[Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as amended by Amdt. 121-121, 
40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; 
Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2611, 
Jan. 26, 1996]



Sec. 121.321  [Reserved]



Sec. 121.323  Instruments and equipment for operations at night.

    No person may operate an airplane at night 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

[[Page 91]]

must be provided for other crewmembers, during the entire flight time at 
those altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously, except when necessary to remove the oxygen mask or 
other dispenser in connection with his regular duties. Standby 
crewmembers who are on call or are definitely going to have flight deck 
duty before completing the flight must be provided with an amount of 
supplemental oxygen equal to that provided for crewmembers on duty other 
than on flight deck duty. If a standby crewmember is not on call and 
will not be on flight deck duty during the remainder of the flight, he 
is considered to be a passenger for the purposes of supplemental oxygen 
requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen, approved for passenger safety, in accordance with the following:
    (1) For flights of more than 30 minutes duration at cabin pressure 
altitudes above 8,000 feet up to and including 14,000 feet, enough 
oxygen for 30 minutes for 10 percent of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.
    (d) For the purposes of this subpart cabin pressure altitude means 
the pressure altitude corresponding with the pressure in the cabin of 
the airplane, and flight altitude means the altitude above sea level at 
which the airplane is operated. For airplanes without pressurized 
cabins, ``cabin pressure altitude'' and ``flight altitude'' mean the 
same thing.



Sec. 121.329  Supplemental oxygen for sustenance: Turbine engine powered 

airplanes.

    (a) General. When operating a turbine engine powered airplane, each 
certificate holder shall equip the airplane with sustaining oxygen and 
dispensing equipment for use as set forth in this section:
    (1) The amount of oxygen provided must be at least the quantity 
necessary to comply with paragraphs (b) and (c) of this section.
    (2) The amount of sustaining and first-aid oxygen required for a 
particular operation to comply with the rules in this part is determined 
on the basis of cabin pressure altitudes and flight duration, consistent 
with the operating procedures established for each operation and route.
    (3) The requirements for airplanes with pressurized cabins are 
determined on the basis of cabin pressure altitude and the assumption 
that a cabin pressurization failure will occur at the altitude or point 
of flight that is most critical from the standpoint of oxygen need, and 
that after the failure the airplane will descend in accordance with the 
emergency procedures specified in the Airplane Flight Manual, without 
exceeding its operating limitations, to a flight altitude that will 
allow successful termination of the flight.
    (4) Following the failure, the cabin pressure altitude is considered 
to be the same as the flight altitude unless it is shown that no 
probable failure of the cabin or pressurization equipment will result in 
a cabin pressure altitude equal to the flight altitude. Under those 
circumstances, the maximum cabin pressure altitude attained may be used 
as a basis for certification or determination of oxygen supply, or both.
    (b) Crewmembers. Each certificate holder shall provide a supply of 
oxygen for crewmembers in accordance with the following:
    (1) At cabin pressure altitudes above 10,000 feet, up to and 
including 12,000 feet, oxygen must be provided for and 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

[[Page 92]]

must be provided for other crewmembers during the entire flight at those 
altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously except when necessary to remove the oxygen mask or other 
dispenser in connection with his regular duties. Standby crewmembers who 
are on call or are definitely going to have flight deck duty before 
completing the flight must be provided with an amount of supplemental 
oxygen equal to that provided for crewmembers on duty other than on 
flight duty. If a standby crewmember is not on call and will not be on 
flight deck duty during the remainder of the flight, he is considered to 
be a passenger for the purposes of supplemental oxygen requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen for passengers in accordance with the following:
    (1) For flights at cabin pressure altitudes above 10,000 feet, up to 
and including 14,000 feet, enough oxygen for that part of the flight at 
those altitudes that is of more than 30 minutes duration, for 10 percent 
of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet, up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.



Sec. 121.331  Supplemental oxygen requirements for pressurized cabin 

airplanes: Reciprocating engine powered airplanes.

    (a) When operating a reciprocating engine powered airplane 
pressurized cabin, each certificate holder shall equip the airplane to 
comply with paragraphs (b) through (d) of this section in the event of 
cabin pressurization failure.
    (b) For crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall provide enough oxygen for each 
crewmember for the entire flight at those altitudes and not less than a 
two-hour supply for each flight crewmember on flight deck duty. The 
required two hours supply is that quantity of oxygen necessary for a 
constant rate of descent from the airplane's maximum certificated 
operating altitude to 10,000 feet in ten minutes and followed by 110 
minutes at 10,000 feet. The oxygen required by Sec. 121.337 may be 
considered in determining the supplemental breathing supply required for 
flight crewmembers on flight deck duty in the event of cabin 
pressurization failure.
    (c) For passengers. When operating at flight altitudes above 8,000 
feet, the certificate holder shall provide oxygen as follows:
    (1) When an airplane is not flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the 
passengers, if at any point along the route to be flown the airplane can 
safely descend to a flight altitude of 14,000 feet or less within four 
minutes.
    (2) If the airplane cannot descend to a flight altitude of 14,000 
feet or less within four minutes, the following supply of oxygen must be 
provided:
    (i) For that part of the flight that is more than four minutes 
duration at flight altitudes above 15,000 feet, the supply required by 
Sec. 121.327(c)(3).
    (ii) For that part of the flight at flight altitudes above 14,000 
feet, up to and including 15,000 feet, the supply required by Sec. 
121.327(c)(2).
    (iii) For flight at flight altitudes above 8,000 feet up to and 
including 14,000 feet, enough oxygen for 30 minutes for 10 percent of 
the passengers.
    (3) When an airplane is flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the passengers 
for the entire flight (including emergency descent) above 8,000 feet, up 
to and including 14,000 feet, and to comply with 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

[[Page 93]]

limitations, to flight altitudes allowing safe flight with respect to 
terrain clearance.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.333  Supplemental oxygen for emergency descent and for first aid; 

turbine engine powered airplanes with pressurized cabins.

    (a) General. When operating a turbine engine powered airplane with a 
pressurized cabin, the certificate holder shall furnish oxygen and 
dispensing equipment to comply with paragraphs (b) through (e) of this 
section in the event of cabin pressurization failure.
    (b) Crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall supply enough oxygen to comply with 
Sec. 121.329, but not less than a two-hour supply for each flight 
crewmember on flight deck duty. The required two hours supply is that 
quantity of oxygen necessary for a constant rate of descent from the 
airplane's maximum certificated operating altitude to 10,000 feet in ten 
minutes and followed by 110 minutes at 10,000 feet. The oxygen required 
in the event of cabin pressurization failure by Sec. 121.337 may be 
included in determining the supply required for flight crewmembers on 
flight deck duty.
    (c) Use of oxygen masks by flight crewmembers. (1) When operating at 
flight altitudes above flight level 250, each flight crewmember on 
flight deck duty must be provided with an oxygen mask so designed that 
it can be rapidly placed on his face from its ready position, properly 
secured, sealed, and supplying oxygen upon demand; and so designed that 
after being placed on the face it does not prevent immediate 
communication between the flight crewmember and other crewmembers over 
the airplane intercommunication system. When it is not being used at 
flight altitudes above flight level 250, the oxygen mask must be kept in 
condition for ready use and located so as to be within the immediate 
reach of the flight crewmember while at his duty station.
    (2) When operating at flight altitudes above flight level 250, one 
pilot at the controls of the airplane shall at all times wear and use an 
oxygen mask secured, sealed, and supplying oxygen, 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,

[[Page 94]]

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
    (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

[[Page 95]]

equipment (PBE) meeting the equipment, breathing gas, and communication 
requirements contained in paragraph (b) of this section.
    (b) Pressurized and nonpressurized cabin airplanes. Except as 
provided in paragraph (f) of this section, no person may operate an 
airplane unless protective breathing equipment meeting the requirements 
of this section is provided as follows:
    (1) General. The equipment must protect the flightcrew from the 
effects of smoke, carbon dioxide or other harmful gases or an oxygen 
deficient environment caused by other than an airplane depressurization 
while on flight deck duty and must protect crewmembers 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

[[Page 96]]

circumstances exist that make compliance impractical and the proposed 
deviation would provide an equivalent level of safety.
    (iii) In each passenger compartment, one for each hand fire 
extinguisher required by Sec. 121.309 of this part, to be located 
within 3 feet of each required hand fire extinguisher, except that the 
Administrator may authorize a deviation allowing locations of PBE more 
than 3 feet from required hand fire extinguisher locations if special 
circumstances exist that make compliance impractical and if the proposed 
deviation provides an equivalent level of safety.
    (c) Equipment preflight. (1) Before each flight, each item of PBE at 
flight 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,

[[Page 97]]

must be attached to each required life raft.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53, 
34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; 
Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378, 
Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158, 
45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994]



Sec. 121.340  Emergency flotation means.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane in any overwater operation unless it is equipped 
with life preservers in accordance with Sec. 121.339(a)(1) or with an 
approved flotation means for each occupant. This means must be within 
easy reach of each seated occupant and must be readily removable from 
the airplane.
    (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

[[Page 98]]

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 data recorders.

    (a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of 
this section, no person may operate a large airplane that is 
certificated for operations above 25,000 feet altitude or is turbine-
engine powered unless it is equipped with one or more approved flight 
recorders that record data from which the following may be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (b) No person may operate a large airplane type certificated up to 
and including September 30, 1969, for operations above 25,000 feet 
altitude, or a turbine-engine powered airplane certificated before the 
same date, unless it is equipped before May 26, 1989 with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (c) 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, 1995, 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

[[Page 99]]

complete and meets the FAA-approved type design data.
    (e) After October 11, 1991, no person may operate a large airplane 
equipped with a digital data bus and ARINC 717 digital flight data 
acquisition unit (DFDAU) or equivalent unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. Any parameters specified in appendix B of this 
part that are available on the digital data bus must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified.
    (f) After October 11, 1991, no person may operate an airplane 
specified in paragraph (b) of this section that is manufactured after 
October 11, 1991, nor an airplane specified in paragraph (a) of this 
section that has been type certificated after September 30, 1969, and 
manufactured after October 11, 1991, unless it is equipped with one or 
more flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The parameters specified in appendix B of this part must 
be recorded within the ranges, accuracies, resolutions, and sampling 
intervals specified.
    (g) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as appropriate, until the 
airplane has been operated for at least 25 hours of the operating time 
specified in 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--

[[Page 100]]

    (1) This flight data recorder must be installed at the next heavy 
maintenance check after May 26, 1994, but no later than May 26, 1995. A 
heavy maintenance check is considered to be any time an aircraft is 
scheduled to be out of service for 4 or more days.
    (2) By June 23, 1994, each carrier must submit to the FAA Flight 
Standards Service, Air Transportation Division (AFS-200), documentation 
listing those airplanes covered under this paragraph and evidence that 
it has ordered a sufficient number of flight data recorders to meet the 
May 26, 1995, compliance date for all aircraft on that list.
    (3) After May 26, 1994, any aircraft that is modified to meet Stage 
3 noise levels must have the flight data recorder described in paragraph 
(c) of this section installed before operating under this part.
    (m) After August 20, 2001, this section applies only to the airplane 
models listed in Sec. 121.344(l)(2). All other airplanes must comply 
with the requirements of Sec. 121.344, as applicable.

[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; 
Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]



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;

[[Page 101]]

    (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;
    (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

[[Page 102]]

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.
    (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

[[Page 103]]

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 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.
    (m) All aircraft subject to the requirements of this section that 
are manufactured on or after April 7, 2010, must have a digital flight 
data recorder installed that also--
    (1) Meets the requirements of Sec. 25.1459(a)(3), (a)(7), and 
(a)(8) of this chapter; and
    (2) Retains the 25 hours of recorded information required in 
paragraph (h) of this section using a recorder that meets the standards 
of TSO-C124a, or later revision.

[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; Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]

    Effective Date Note: At 73 FR 73178, Dec. 2, 2008, Sec. 121.344 was 
amended by removing the

[[Page 104]]

word ``and'' after paragraph (a)(87); by removing the period after 
paragraph (a)(88) and adding a semicolon in its place; by adding new 
paragraphs (a)(89), (90), and (91), (e)(3) and (n); and by revising 
paragraph (f), effective Feb. 2, 2009. For the convenience of the user, 
the added and revised text is set forth as follows:



Sec. 121.344  Digital flight data recorders for transport category 
          airplanes.

    (a) * * *
    (89) Yaw damper status;
    (90) Yaw damper command; and
    (91) Standby rudder valve status.

                                * * * * *

    (e) * * *
    (3) In addition to the requirements of paragraphs (e)(1) and (e)(2) 
of this section, all Boeing 737 model airplanes must also comply with 
the requirements of paragraph (n) of this section, as applicable.
    (f) For all turbine-engine-powered transport category airplanes 
manufactured after August 19, 2002--
    (1) The parameters listed in paragraphs (a)(1) through (a)(88) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M to this 
part.
    (2) In addition to the requirements of paragraphs (f)(1) of this 
section, all Boeing 737 model airplanes must also comply with the 
requirements of paragraph (n) of this section.

                                * * * * *

    (n) In addition to all other applicable requirements of this 
section, all Boeing 737 model airplanes manufactured after August 18, 
2000 must record the parameters listed in paragraphs (a)(88) through 
(a)(91) of this section within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M to this part. Compliance 
with this paragraph is required no later than February 2, 2011.



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) 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.

[[Page 105]]

    (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, Jetstream 3101, 
Jetstream 3201, Fairchild Aircraft SA-226, Fairchild Metro SA-227.
    (g) All airplanes subject to the requirements of this section that 
are manufactured on or after April 7, 2010, must have a digital flight 
data recorder installed that also--
    (1) Meets the requirements in Sec. 23.1459(a)(3), (a)(6), and 
(a)(7) or Sec. 25.1459(a)(3), (a)(7), and (a)(8) of this chapter, as 
applicable; and
    (2) Retains the 25 hours of recorded information required in Sec. 
121.344(g) using a recorder that meets the standards of TSO-C124a, or 
later revision.

[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; Amdt. 121-338, 73 FR 12566, Mar. 7, 2008]



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-

[[Page 106]]

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  Communication and navigation 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 the airplane is equipped with the radio 
communication equipment necessary under normal operating conditions to 
fulfill the following:
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Communicate with appropriate air traffic control facilities from 
any point within Class B, Class C, or Class D airspace, or within a 
Class E surface area designated for an airport in which flights are 
intended; and
    (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 
that can be navigated by pilotage unless that airplane is equipped 
with--
    (1) Radio communication equipment necessary under normal operating 
conditions to fulfill the functions specified in paragraph (a) of this 
section; and
    (2) Navigation equipment suitable for the route to be flown.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-226, 
56 FR 65663, Dec. 17, 1991; Amdt. 121-333, 72 FR 31681, June 7, 2007]



Sec. 121.349  Communication and navigation equipment for operations under VFR 

over routes not navigated by pilotage or for operations under IFR or over the 

          top.

    (a) Navigation equipment requirements--General. No person may 
conduct operations under VFR over routes that cannot be navigated by 
pilotage, or operations conducted under IFR or over the top, unless--
    (1) The en route navigation aids necessary for navigating the 
airplane along the route (e.g., ATS routes, arrival and departure 
routes, and instrument approach procedures, including missed approach 
procedures if a missed approach routing is specified in the procedure) 
are available and suitable for use by the aircraft navigation systems 
required by this section;
    (2) The airplane used in those operations is equipped with at 
least--
    (i) Except as provided in paragraph (c) of this section, two 
approved independent navigation systems suitable for navigating the 
airplane along the route to be flown within the degree of accuracy 
required for ATC;
    (ii) One marker beacon receiver providing visual and aural signals; 
and
    (iii) One ILS receiver; and
    (3) Any RNAV system used to meet the navigation equipment 
requirements of this section is authorized in the certificate holder's 
operations specifications.
    (b) Communication equipment requirements. No person may operate an 
airplane under VFR over routes that cannot be navigated by pilotage, and 
no person may operate an airplane under IFR or over the top, unless the 
airplane is equipped with--
    (1) At least two independent communication systems necessary under 
normal operating conditions to fulfill the functions specified in Sec. 
121.347 (a); and
    (2) At least one of the communication systems required by paragraph

[[Page 107]]

(b)(1) of this section must have two-way voice communication capability.
    (c) Use of a single independent navigation system for operations 
under VFR over routes that cannot be navigated by pilotage, or 
operations conducted under IFR or over the top. Notwithstanding the 
requirements of paragraph (a)(2)(i) of this section, the airplane may be 
equipped with a single independent navigation system suitable for 
navigating the airplane along the route to be flown within the degree of 
accuracy required for ATC if:
    (1) It can be shown that the airplane is equipped with at least one 
other independent navigation system suitable, in the event of loss of 
the navigation capability of the single independent navigation system 
permitted by this paragraph at any point along the route, for proceeding 
safely to a suitable airport and completing an instrument approach; and
    (2) The airplane has sufficient fuel so that the flight may proceed 
safely to a suitable airport by use of the remaining navigation system, 
and complete an instrument approach and land.
    (d) Use of VOR navigation equipment. If VOR navigation equipment is 
used to comply with paragraph (a) or (c) of this section, no person may 
operate an airplane unless it is equipped with at least one approved DME 
or suitable RNAV system.
    (e) Additional communication system equipment requirements for 
operators subject to Sec. 121.2. In addition to the requirements in 
paragraph (b) of this section, no person may operate an airplane having 
a passenger seat configuration of 10 to 30 seats, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less, 
under IFR, over the top, or in extended over-water operations unless it 
is equipped with at least--
    (1) Two microphones; and
    (2) Two headsets, or one headset and one speaker.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]



Sec. 121.351  Communication and navigation equipment for extended over-water 

operations and for certain other operations.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct an extended over-water operation unless the airplane is 
equipped with at least two independent long-range navigation systems and 
at least two independent long-range communication systems necessary 
under normal operating conditions to fulfill the following functions--
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Receive meteorological information from any point on the route 
by either of two independent communication systems. One of the 
communication systems used to comply with this paragraph may be used to 
comply with paragraphs (a)(1) and (a)(3) of this section; and
    (3) At least one of the communication systems must have two-way 
voice communication capability.
    (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 navigate the airplane along the 
route within the degree of accuracy required for ATC,
    (2) The length of the route being flown, and

[[Page 108]]

    (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; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.353  Emergency equipment for operations over uninhabited terrain 

areas: Flag, supplemental, and certain domestic operations.

    Unless the airplane has the following equipment, no person may 
conduct a flag or supplemental operation or a domestic operation within 
the States of Alaska or Hawaii over an uninhabited area or any other 
area that (in its operations specifications) the Administrator specifies 
required equipment for search and rescue in case of an emergency:
    (a) Suitable pyrotechnic signaling devices.
    (b) An approved survival type emergency locator transmitter. 
Batteries used in this transmitter must be replaced (or recharged, if 
the battery is rechargeable) when the transmitter has been in use for 
more than 1 cumulative hour, or when 50 percent of their useful life (or 
for rechargeable batteries, 50 percent of their useful life of charge) 
has expired, as established by the transmitter manufacturer under its 
approval. The new expiration date for replacing (or recharging) the 
battery must be legibly marked on the outside of the transmitter. The 
battery useful life (or useful life of charge) requirements of this 
paragraph do not apply to batteries (such as water-activated batteries) 
that are essentially unaffected during probable storage intervals.
    (c) Enough survival kits, appropriately equipped for the route to be 
flown for the number of occupants of the airplane.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 
36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; 
Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, 
June 21, 1994; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.354  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

[[Page 109]]

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:

                       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 110]]

    (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 111]]

    (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.
    (i) By April 7, 2012, all turbine engine-powered airplanes subject 
to this section that are manufactured before April 7, 2010, must have a 
cockpit voice recorder installed that also--
    (1) Meets the requirements of Sec. 23.1457(d)(6) or Sec. 
25.1457(d)(6) of this chapter, as applicable;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (4) If transport category, meets the requirements in Sec. 
25.1457(a)(3), (a)(4), and (a)(5) of this chapter.
    (j) All turbine engine-powered airplanes subject to this section 
that are manufactured on or after April 7, 2010, must have a cockpit 
voice recorder installed that also--
    (1) Meets the requirements of Sec. 23.1457 or Sec. 25.1457 of this 
chapter, as applicable;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (k) All airplanes required by this part to have a cockpit voice 
recorder and a flight data recorder, that install datalink communication 
equipment on or after April 7, 2010, must record all datalink messages 
as required by the certification rule applicable to the airplane.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]

    Editorial Note: For Federal Register citations affecting Sec. 
121.359, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 112]]



Sec. 121.360  Ground proximity warning-glide slope deviation alerting system.

    (a) No person may operate a turbine-powered airplane unless it is 
equipped with a ground proximity warning system that meets the 
performance and environmental standards of TSO-C92 (available from the 
FAA, 800 Independence Avenue SW., Washington, DC 20591) or incorporates 
TSO-approved ground proximity warning equipment.
    (b) For the ground proximity warning system required by this 
section, the Airplane Flight Manual shall contain--
    (1) Appropriate procedures for--
    (i) The use of the equipment;
    (ii) Proper flightcrew action with respect to the equipment;
    (iii) Deactivation for planned abnormal and emergency conditions;
    (iv) Inhibition of Mode 4 warnings based on flaps being in other 
than the landing configuration if the system incorporates a Mode 4 flap 
warning inhibition control; and
    (2) An outline of all input sources that must be operating.
    (c) No person may deactivate a ground proximity warning system 
required by this section except in accordance with the procedures 
contained in the Airplane Flight Manual.
    (d) Whenever a ground proximity warning system required by this 
section is deactivated, an entry shall be made in the airplane 
maintenance record that includes the date and time of deactivation.
    (e) No person may operate a turbine-powered airplane unless it is 
equipped with a ground proximity warning/glide slope deviation alerting 
system that meets the performance and environmental standards contained 
in TSO-C92a or TSO-C92b or incorporates TSO-approved ground proximity 
warning-glide slope deviation alerting equipment.
    (f) No person may operate a turbojet powered airplane equipped with 
a system required by paragraph (e) of this section, that incorporates 
equipment that meets the performance and environmental standards of TSO-
C92b or is approved under that TSO, using other than Warning Envelopes 1 
or 3 for Warning Modes 1 and 4.
    (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,

[[Page 113]]

preventive maintenance, or alterations. However, this does not relieve 
the certificate holder of the responsibility specified in paragraph (a) 
of this section.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 
38 FR 22378, Aug. 20, 1973]



Sec. 121.365  Maintenance, preventive maintenance, and alteration 

organization.

    (a) Each certificate holder that performs any of its maintenance 
(other than required inspections), preventive maintenance, or 
alterations, and each person with whom it arranges for the performance 
of that work must have an organization adequate to perform the work.
    (b) Each certificate holder that performs any inspections required 
by its manual in accordance with Sec. 121.369(b)(2) or (3) (in this 
subpart referred to as required inspections) and each person with whom 
it arranges for the performance of that work must have an organization 
adequate to perform that work.
    (c) Each person performing required inspections in addition to other 
maintenance, preventive maintenance, or alterations, shall organize the 
performance of those functions so as to separate the required inspection 
functions from the other maintenance, preventive maintenance, and 
alteration functions. The separation shall be below the level of 
administrative control at which overall responsibility for the required 
inspection functions and other maintenance, preventive maintenance, and 
alteration functions are exercised.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3639, Mar. 19, 1965]



Sec. 121.367  Maintenance, preventive maintenance, and alterations programs.

    Each certificate holder shall have an inspection program and a 
program covering other maintenance, preventive maintenance, and 
alterations that ensures that--
    (a) Maintenance, preventive maintenance, and alterations performed 
by it, or by other persons, are performed in accordance with the 
certificate holder's manual;
    (b) Competent personnel and adequate facilities and equipment are 
provided for the proper performance of maintenance, preventive 
maintenance, and alterations; and
    (c) Each aircraft released to service is airworthy and has been 
properly maintained for operation under this part.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 
37 FR 28053, Dec. 20, 1972]



Sec. 121.368  [Reserved]



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).

[[Page 114]]

    (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. Sec. 121.370-121.370a  [Reserved]



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 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 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

[[Page 115]]

and standards to meet the requirements of this part, the certificate 
holder shall, after notification by the Administrator, make any changes 
in those programs that are necessary to meet those requirements.
    (c) A certificate holder may petition the Administrator to 
reconsider the notice to make a change in a program. The petition must 
be filed with the FAA certificate-holding district office charged with 
the overall inspection of the certificate holder's operations within 30 
days after the certificate holder receives the notice. Except in the 
case of an emergency requiring immediate action in the interest of 
safety, the filing of the petition stays the notice pending a decision 
by the Administrator.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.374  Continuous airworthiness maintenance program (CAMP) for two-

engine ETOPS.

    In order to conduct an ETOPS flight using a two-engine airplane, 
each certificate holder must develop and comply with the ETOPS 
continuous airworthiness maintenance program, as authorized in the 
certificate holder's operations specifications, for each airplane-engine 
combination used in ETOPS. The certificate holder must develop this 
ETOPS CAMP by supplementing the manufacturer's maintenance program or 
the CAMP currently approved for the certificate holder. This ETOPS CAMP 
must include the following elements:
    (a) ETOPS maintenance document. The certificate holder must have an 
ETOPS maintenance document for use by each person involved in ETOPS.
    (1) The document must--
    (i) List each ETOPS significant system,
    (ii) Refer to or include all of the ETOPS maintenance elements in 
this section,
    (iii) Refer to or include all supportive programs and procedures,
    (iv) Refer to or include all duties and responsibilities, and
    (v) Clearly state where referenced material is located in the 
certificate holder's document system.
    (b) ETOPS pre-departure service check. Except as provided in 
Appendix P of this part, the certificate holder must develop a pre-
departure check tailored to their specific operation.
    (1) The certificate holder must complete a pre-departure service 
check immediately before each ETOPS flight.
    (2) At a minimum, this check must--
    (i) Verify the condition of all ETOPS Significant Systems;
    (ii) Verify the overall status of the airplane by reviewing 
applicable maintenance records; and
    (iii) Include an interior and exterior inspection to include a 
determination of engine and APU oil levels and consumption rates.
    (3) An appropriately trained maintenance person, who is ETOPS 
qualified, must accomplish and certify by signature ETOPS specific 
tasks. Before an ETOPS flight may commence, an ETOPS pre-departure 
service check (PDSC) Signatory Person, who has been authorized by the 
certificate holder, must certify by signature, that the ETOPS PDSC has 
been completed.
    (4) For the purposes of this paragraph (b) only, the following 
definitions apply:
    (i) ETOPS qualified person: A person is ETOPS qualified when that 
person satisfactorily completes the operator's ETOPS training program 
and is authorized by the certificate holder.
    (ii) ETOPS PDSC Signatory Person: A person is an ETOPS PDSC 
Signatory Person when that person is ETOPS qualified and that person:
    (A) When certifying the completion of the ETOPS PDSC in the United 
States:
    (1) Works for an operator authorized to engage in part 121 operation 
or works for a part 145 repair station; and
    (2) Holds a U.S. Mechanic's Certificate with airframe and powerplant 
ratings.
    (B) When certifying the completion of the ETOPS PDSC outside of the 
U.S. holds a certificate in accordance with Sec. 43.17(c)(1) of this 
chapter; or
    (C) When certifying the completion of the ETOPS PDSC outside the 
U.S. holds the certificates needed or has the

[[Page 116]]

requisite experience or training to return aircraft to service on behalf 
of an ETOPS maintenance entity.
    (iii) ETOPS maintenance entity: An entity authorized to perform 
ETOPS maintenance and complete ETOPS PDSC and that entity is:
    (A) Certificated to engage in part 121 operations;
    (B) Repair station certificated under part 145 of this chapter; or
    (C) Entity authorized pursuant to Sec. 43.17(c)(2) of this chapter.
    (c) Limitations on dual maintenance.(1) Except as specified in 
paragraph (c)(2), the certificate holder may not perform scheduled or 
unscheduled dual maintenance during the same maintenance visit on the 
same or a substantially similar ETOPS Significant System listed in the 
ETOPS maintenance document, if the improper maintenance could result in 
the failure of an ETOPS Significant System.
    (2) In the event dual maintenance as defined in paragraph (c)(1) of 
this section cannot be avoided, the certificate holder may perform 
maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant System 
is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct supervision 
of a second qualified individual; and
    (iii) For either paragraph (c)(2)(i) or (ii) of this section, a 
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant 
to paragraph (d) of this section.
    (d) Verification program. The certificate holder must develop and 
maintain a program for the resolution of discrepancies that will ensure 
the effectiveness of maintenance actions taken on ETOPS Significant 
Systems. The verification program must identify potential problems and 
verify satisfactory corrective action. The verification program must 
include ground verification and in-flight verification policy and 
procedures. The certificate holder must establish procedures to indicate 
clearly who is going to initiate the verification action and what action 
is necessary. The verification action may be performed on an ETOPS 
revenue flight provided the verification action is documented as 
satisfactorily completed upon reaching the ETOPS Entry Point.
    (e) Task identification. The certificate holder must identify all 
ETOPS-specific tasks. An appropriately trained mechanic who is ETOPS 
qualified must accomplish and certify by signature that the ETOPS-
specific task has been completed.
    (f) Centralized maintenance control procedures. The certificate 
holder must develop and maintain procedures for centralized maintenance 
control for ETOPS.
    (g) Parts control program. The certificate holder must develop an 
ETOPS parts control program to ensure the proper identification of parts 
used to maintain the configuration of airplanes used in ETOPS.
    (h) Reliability program. The certificate holder must have an ETOPS 
reliability program. This program must be the certificate holder's 
existing reliability program or its Continuing Analysis and Surveillance 
System (CASS) supplemented for ETOPS. This program must be event-
oriented and include procedures to report the events listed below, as 
follows:
    (1) The certificate holder must report the following events within 
96 hours of the occurrence to its certificate holding district office 
(CHDO):
    (i) IFSDs, except planned IFSDs performed for flight training.
    (ii) Diversions and turnbacks for failures, malfunctions, or defects 
associated with any airplane or engine system.
    (iii) Uncommanded power or thrust changes or surges.
    (iv) Inability to control the engine or obtain desired power or 
thrust.
    (v) Inadvertent fuel loss or unavailability, or uncorrectable fuel 
imbalance in flight.
    (vi) Failures, malfunctions or defects associated with ETOPS 
Significant Systems.
    (vii) Any event that would jeopardize the safe flight and landing of 
the airplane on an ETOPS flight.
    (2) The certificate holder must investigate the cause of each event 
listed in

[[Page 117]]

paragraph (h)(1) of this section and submit findings and a description 
of corrective action to its CHDO. The report must include the 
information specified in Sec. 121.703(e). The corrective action must be 
acceptable to its CHDO.
    (i) Propulsion system monitoring. (1) If the IFSD rate (computed on 
a 12-month rolling average) for an engine installed as part of an 
airplane-engine combination exceeds the following values, the 
certificate holder must do a comprehensive review of its operations to 
identify any common cause effects and systemic errors. The IFSD rate 
must be computed using all engines of that type in the certificate 
holder's entire fleet of airplanes approved for ETOPS.
    (i) A rate of 0.05 per 1,000 engine hours for ETOPS up to and 
including 120 minutes.
    (ii) A rate of 0.03 per 1,000 engine hours for ETOPS beyond 120-
minutes up to and including 207 minutes in the North Pacific Area of 
Operation and up to and including 180 minutes elsewhere.
    (iii) A rate of 0.02 per 1,000 engine hours for ETOPS beyond 207 
minutes in the North Pacific Area of Operation and beyond 180 minutes 
elsewhere.
    (2) Within 30 days of exceeding the rates above, the certificate 
holder must submit a report of investigation and any necessary 
corrective action taken to its CHDO.
    (j) Engine condition monitoring. (1) The certificate holder must 
have an engine condition monitoring program to detect deterioration at 
an early stage and to allow for corrective action before safe operation 
is affected.
    (2) This program must describe the parameters to be monitored, the 
method of data collection, the method of analyzing data, and the process 
for taking corrective action.
    (3) The program must ensure that engine-limit margins are maintained 
so that a prolonged engine-inoperative diversion may be conducted at 
approved power levels and in all expected environmental conditions 
without exceeding approved engine limits. This includes approved limits 
for items such as rotor speeds and exhaust gas temperatures.
    (k) Oil-consumption monitoring. The certificate holder must have an 
engine oil consumption monitoring program to ensure that there is enough 
oil to complete each ETOPS flight. APU oil consumption must be included 
if an APU is required for ETOPS. The operator's oil consumption limit 
may not exceed the manufacturer's recommendation. Monitoring must be 
continuous and include oil added at each ETOPS departure point. The 
program must compare the amount of oil added at each ETOPS departure 
point with the running average consumption to identify sudden increases.
    (l) APU in-flight start program. If the airplane type certificate 
requires an APU but does not require the APU to run during the ETOPS 
portion of the flight, the certificate holder must develop and maintain 
a program acceptable to the FAA for cold soak in-flight start-and-run 
reliability.
    (m) Maintenance training. For each airplane-engine combination, the 
certificate holder must develop a maintenance training program that 
provides training adequate to support ETOPS. It must include ETOPS 
specific training for all persons involved in ETOPS maintenance that 
focuses on the special nature of ETOPS. This training must be in 
addition to the operator's maintenance training program used to qualify 
individuals to perform work on specific airplanes and engines.
    (n) Configuration, maintenance, and procedures (CMP) document. If an 
airplane-engine combination has a CMP document, the certificate holder 
must use a system that ensures compliance with the applicable FAA-
approved document.
    (o) Procedural changes. Each substantial change to the maintenance 
or training procedures that were used to qualify the certificate holder 
for ETOPS, must be submitted to the CHDO for review. The certificate 
holder cannot implement a change until its CHDO notifies the certificate 
holder that the review is complete.

[Doc. No. FAA-2002-6717, 72 FR 1880, Jan. 16, 2007, as amended by Amdt. 
121-329, 72 FR 7348, Feb. 15, 2007; Amdt. 121-329, 72 FR 26541, May 10, 
2007; Amdt 121-339, 73 FR 33881, June 16, 2008]

[[Page 118]]



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.
    (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.

[[Page 119]]

    (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 cargo airplane, 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; Amdt. 121-321, 71 FR 536, Jan. 4, 2006]



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.



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

[[Page 120]]

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;
    (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]

[[Page 121]]



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 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.

[[Page 122]]

    (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 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.

[[Page 123]]

    (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 and implement a training program that satisfies the 
requirements of this subpart and appendices E and F of this part and 
that ensures that each crewmember, aircraft dispatcher, flight 
instructor and check airman is adequately trained to perform his or her 
assigned duties. Prior to implementation, the certificate holder must 
obtain initial and final FAA approval of the training program.
    (2) Provide adequate ground and flight training facilities and 
properly qualified ground instructors for the training required by this 
subpart;
    (3) Provide and keep current with respect to each airplane type and, 
if applicable, the particular variations within that airplane type, 
appropriate training material, examinations, forms, instructions, and 
procedures for use in conducting the training and checks required by 
this part; and
    (4) Provide enough flight instructors, simulator instructors, and 
approved check airmen to conduct required flight training and flight 
checks, and simulator training courses permitted under this part.
    (b) Whenever a crewmember or aircraft dispatcher who is required to 
take recurrent training, a flight check, or a competence check, takes 
the check or completes the training in the calendar month before or 
after the calendar month in which that training or check is required, he 
is considered to have taken or completed it in the calendar month in 
which it was required.
    (c) Each instructor, supervisor, or check airman who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this part 
shall certify as to the proficiency and knowledge of the crewmember, 
aircraft dispatcher, flight instructor, or check airman concerned upon 
completion of that training or check. That certification shall be made a 
part of the crewmember's or dispatcher's record. When the certification 
required by this paragraph is made by an entry in a computerized 
recordkeeping system, the certifying instructor, supervisor, or check 
airman must be identified with that entry. However, the signature of the 
certifying instructor, supervisor, or check airman is not required for 
computerized entries.
    (d) Training subjects that are applicable to more than one airplane 
or crewmember position and that have been satisfactorily completed in 
connection with prior training for another airplane or another 
crewmember position, need not be repeated during subsequent training 
other than recurrent training.
    (e) A person who progresses successfully through flight training, is 
recommended by his instructor or a check airman, and successfully 
completes the appropriate flight check for a check airman or the 
Administrator, need not complete the programmed hours of flight training 
for the particular airplane. However, whenever the Administrator finds 
that 20 percent of the flight checks given at a particular training base 
during the previous 6 months under this paragraph are unsuccessful, this 
paragraph may not be used by the certificate holder at that base until 
the Administrator finds that the effectiveness of the flight training 
there has improved.

In the case of a certificate holder using a course of training permitted 
in 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

[[Page 124]]

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; Amdt. 121-316, 70 FR 58823, Oct. 7, 
2005]



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 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

[[Page 125]]

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.
    (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]

[[Page 126]]



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--
    (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

[[Page 127]]

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
    (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

[[Page 128]]

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 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)

[[Page 129]]

(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:
    (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

[[Page 130]]

    (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.
    (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

[[Page 131]]

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.
    (4) After February 15, 2008, training for crewmembers and 
dispatchers in their roles and responsibilities in the certificate 
holder's passenger recovery plan, if applicable.
    (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 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

[[Page 132]]

    (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; 
Amdt. 121-329, 72 FR 1881, Jan. 16, 2007]



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 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:

[[Page 133]]

    (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 
Finding Aids section of the printed volume and on GPO Access.

[[Page 134]]



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 DA/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; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



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

[[Page 135]]

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;
    (vii) Prevailing weather phenomena and the available sources of 
weather information;
    (viii) Air traffic control and instrument approach procedures; and

[[Page 136]]

    (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 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

[[Page 137]]

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).
    (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

[[Page 138]]

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:
    (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

[[Page 139]]

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 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

[[Page 140]]

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. 121.434  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

[[Page 141]]

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).
    (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

[[Page 142]]

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
    (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

[[Page 143]]

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.
    (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

[[Page 144]]

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 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

[[Page 145]]

    (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 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.

[[Page 146]]

    (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.
    (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

[[Page 147]]

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 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. A covered employee 
must not refuse to submit to any alcohol test required under appendix J 
to this part. A certificate holder must not 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, as amended by Amdt. 121-325, 
71 FR 35764, June 21, 2006]



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

[[Page 148]]

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, 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.

[[Page 149]]

    (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 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

[[Page 150]]

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 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

[[Page 151]]

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 
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]

[[Page 152]]



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.
    (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

[[Page 153]]

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.
    (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

[[Page 154]]

    (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), 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

[[Page 155]]

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 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]

[[Page 156]]



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]



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

[[Page 157]]

any flight crewmember to be on continuous duty for more than 30 hours. 
Such a crewmember is considered to be on continuous duty from the time 
he reports for duty until the time he is released from duty for a rest 
period of at least 10 hours on the ground. If a flight crewmember is on 
continuous duty for more than 24 hours (whether scheduled or not) duty 
any scheduled duty period, he must be given at least 16 hours for rest 
on the ground after completing the last flight scheduled for that 
scheduled duty period before being assigned any further flight duty.
    (d) If a flight crewmember is required to engage in deadhead 
transportation for more than four hours before beginning flight duty, 
one half of the time spent in deadhead transportation must be treated as 
duty time for the purpose of complying with duty time limitations, 
unless he is given at least 10 hours of rest on the ground before being 
assigned to flight duty.
    (e) Each certificate holder conducting supplemental operations shall 
give each airman, upon return to his operations base from any flight or 
series of flights, a rest period that is at least twice the total number 
of hours he was aloft as a flight crewmember since the last rest period 
at his base, before assigning him to any further duty. If the required 
rest period is more than seven days, that part of the rest period that 
is more than seven days may be given at any time before the pilot is 
again scheduled for flight duty.
    (f) No airman may be aloft as a flight crewmember for more than 350 
hours in any 90 consecutive days.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.525  Flight time limitations: Pilots serving in more than one kind of 

flight crew.

    (a) This section applies to each pilot assigned during any 30 
consecutive days to more than one type of flight crew.
    (b) The flight time limitations for a pilot who is scheduled for 
duty aloft for 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.

[[Page 158]]

    (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.
    (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.

[[Page 159]]

    (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 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--

[[Page 160]]

    (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
    (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--

[[Page 161]]

    (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]



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

[[Page 162]]

conditions, including airport and runway conditions, that are a hazard 
to safe operations, it shall restrict or suspend operations until those 
conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.553  Restriction or suspension of operation: Supplemental operations.

    When a certificate holder conducting supplemental operations or 
pilot in command knows of conditions, including airport and runway 
conditions, that are a hazard to safe operations, the certificate holder 
or pilot in command, as the case may be, shall restrict or suspend 
operations until those conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.555  Compliance with approved routes and limitations: Domestic and 

flag operations.

    No pilot may operate an airplane in scheduled air transportation--
    (a) Over any route or route segment unless it is specified in the 
certificate holder's operations specifications; or
    (b) Other than in accordance with the limitations in the operations 
specifications.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.557  Emergencies: Domestic and flag operations.

    (a) In an emergency situation that requires immediate decision and 
action the pilot in command may take any action that he considers 
necessary under the circumstances. In such a case he may deviate from 
prescribed operations procedures and methods, weather minimums, and this 
chapter, to the extent required in the interests of safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by an aircraft dispatcher, and that is 
known to him, the aircraft dispatcher shall advise the pilot in command 
of the emergency, shall ascertain the decision of the pilot in command, 
and shall have the decision recorded. If the aircraft dispatcher cannot 
communicate with the pilot, he shall declare an emergency and take any 
action that he considers necessary under the circumstances.
    (c) Whenever a pilot in command or dispatcher exercises emergency 
authority, he shall keep the appropriate ATC facility and dispatch 
centers fully informed of the progress of the flight. The person 
declaring the emergency shall send a written report of any deviation 
through the certificate holder's operations manager, to the 
Administrator. A dispatcher shall send his report within 10 days after 
the date of the emergency, and a pilot in command shall send his report 
within 10 days after returning to his home base.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



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 
communication facility 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

[[Page 163]]

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; Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.561  Reporting potentially hazardous meteorological conditions and 

irregularities of ground facilities or navigation aids.

    (a) Whenever he encounters a meteorological condition or an 
irregularity in aground facility or navigation aid, 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.

[Docket No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-
333, 72 FR 31682, June 7, 2007]



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 
airplane engine fails or whenever an engine is shutdown to prevent 
possible damage, the pilot in command must 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 is shut down to prevent possible damage, the 
pilot-in-command may proceed to an airport that the pilot selects if, 
after considering the following, the pilot makes a reasonable decision 
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 useable fuel at the time that the 
engine is shutdown.
    (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 must report each engine shutdown in flight 
to the appropriate communication facility as soon as practicable and 
must keep that facility 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; 
Amdt. 121-329, 72 FR 1881, Jan. 16, 2007; Amdt. 121-333, 72 FR 31682, 
June 7, 2007]



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

[[Page 164]]

holder conducting domestic or flag operations shall show that--
    (1) The procedures for the interchange operation conform with this 
chapter and with safe operating practices;
    (2) Required crewmembers and dispatchers meet approved training 
requirements for the airplanes and equipment to be used and are familiar 
with the communications and dispatch procedures to be used;
    (3) Maintenance personnel meet training requirements for the 
airplanes and equipment, and are familiar with the maintenance 
procedures to be used;
    (4) Flight crewmembers and dispatchers meet appropriate route and 
airport qualifications; and
    (5) The airplanes to be operated are essentially similar to the 
airplanes of the certificate holder with whom the interchange is 
effected with respect to the arrangement of flight instruments and the 
arrangement and motion of controls that are critical to safety unless 
the Administrator determines that the certificate holder has adequate 
training programs to insure that any potentially hazardous 
dissimilarities are safely overcome by flight crew familiarization.
    (b) Each certificate holder conducting domestic or flag operations 
shall include the pertinent provisions and procedures involved in the 
equipment interchange agreement in its manuals.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.570  Airplane evacuation capability.

    (a) No person may cause an airplane carrying passengers to be moved 
on the surface, take off, or land unless each automatically deployable 
emergency evacuation assisting means, installed pursuant to Sec. 
121.310(a), is ready for evacuation.
    (b) Each certificate holder shall ensure that, at all times 
passengers are on board prior to airplane movement on the surface, at 
least one floor-level exit provides for the egress of passengers through 
normal or emergency means.

[Doc No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.571  Briefing passengers before takeoff.

    (a) Each certificate holder operating a passenger-carrying airplane 
shall insure that all passengers are orally briefed by the appropriate 
crewmember as follows:
    (1) Before each takeoff, on each of the following:
    (i) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited including, but not limited 
to, any applicable requirements of part 252 of this title). This 
briefing shall include a statement that the Federal Aviation Regulations 
require passenger compliance with the lighted passenger information 
signs, posted placards, areas designated for safety purposes as no 
smoking areas, and crewmember instructions with regard to these items. 
The briefing shall also include a statement that Federal law prohibits 
tampering with, disabling, or destroying any smoke detector in an 
airplane lavatory; smoking in lavatories; and, when applicable, smoking 
in passenger compartments.
    (ii) The location of emergency exits.
    (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

[[Page 165]]

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].''
    (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]

    Editorial Note: For Federal Register citations affecting Sec. 
121.571, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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;

[[Page 166]]

    (vi) Constructed so that all valves, fittings, and gauges are 
protected from damage; and
    (vii) Appropriately secured.
    (2) When the oxygen is stored in the form of a liquid, the equipment 
has been under the certificate holder's approved maintenance program 
since its purchase new or since the storage container was last purged.
    (3) When the oxygen is stored in the form of a compressed gas as 
defined in 49 CFR 173.300(a)--
    (i) The equipment has been under the certificate holder's approved 
maintenance program since its purchase new or since the last hydrostatic 
test of the storage cylinder; and
    (ii) The pressure in any oxygen cylinder does not exceed the rated 
cylinder pressure.
    (4) Each person using the equipment has a medical need to use it 
evidenced by a written statement to be kept in that person's possession, 
signed by a licensed physician which specifies the maximum quantity of 
oxygen needed each hour and the maximum flow rate needed for the 
pressure altitude corresponding to the pressure in the cabin of the 
airplane under normal operating conditions. This paragraph does not 
apply to the carriage of oxygen in an airplane in which the only 
passengers carried are persons who may have a medical need for oxygen 
during flight, no more than one relative or other interested person for 
each of those persons, and medical attendants.
    (5) When a physician's statement is required by paragraph (a)(4) of 
this section, the total quantity of oxygen carried is equal to the 
maximum quantity of oxygen needed each hour, as specified in the 
physician's statement, multiplied by the number of hours used to compute 
the amount of airplane fuel required by this part.
    (6) The pilot in command is advised when the equipment is on board, 
and when it is intended to be used.
    (7) The equipment is stowed, and each person using the equipment is 
seated, so as not to restrict access to or use of any required 
emergency, or regular exit or of the aisle in the passenger compartment.
    (b) No person may, and no certificate holder may allow any person 
to, smoke within 10 feet of oxygen storage and dispensing equipment 
carried in accordance with paragraph (a) of this section.
    (c) No certificate holder may allow any person to connect or 
disconnect oxygen dispensing equipment, to or from a gaseous oxygen 
cylinder while any passenger is aboard the airplane.
    (d) The requirements of this section do not apply to the carriage of 
supplemental or first-aid oxygen and related equipment required by this 
chapter.

[Doc. No. 12169, 39 FR 42677, Dec. 6, 1974, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980]



Sec. 121.575  Alcoholic beverages.

    (a) No person may drink any alcoholic beverage aboard an aircraft 
unless the certificate holder operating the aircraft has served that 
beverage to him.
    (b) No certificate holder may serve any alcoholic beverage to any 
person aboard any of its aircraft who--
    (1) Appears to be intoxicated;
    (2) Is escorting a person or being escorted in accordance with 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

[[Page 167]]

crew baggage, which is carried in a passenger or crew compartment from 
becoming a hazard by shifting under the appropriate load factors 
corresponding to the emergency landing conditions under which the 
airplane was type certificated.

[Doc. No. 16383, 43 FR 22648, May 25, 1978]



Sec. 121.577  Stowage of food, beverage, and passenger service equipment 

during airplane movement on the surface, takeoff, and landing.

    (a) No certificate holder may move an airplane on the surface, take 
off, or land when any food, beverage, or tableware furnished by the 
certificate holder is located at any passenger seat.
    (b) No certificate holder may move an airplane on the surface, take 
off, or land unless each food and beverage tray and seat back tray table 
is secured in its stowed position.
    (c) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each passenger serving cart is secured 
in its stowed position.
    (d) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each movie screen that extends into an 
aisle is stowed.
    (e) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.578  Cabin ozone concentration.

    (a) For the purpose of this section, the following definitions 
apply:
    (1) Flight segment means scheduled nonstop flight time between two 
airports.
    (2) Sea level equivalent refers to conditions of 25[deg] C and 760 
millimeters of mercury pressure.
    (b) Except as provided in paragraphs (d) and (e) of this section, no 
certificate holder may operate an airplane above the following flight 
levels unless it is successfully demonstrated to the Administrator that 
the concentration of ozone inside the cabin will not exceed--
    (1) For flight above flight level 320, 0.25 parts per million by 
volume, sea level equivalent, at any time above that flight level; and
    (2) For flight above flight level 270, 0.1 parts per million by 
volume, sea level equivalent, time-weighted average for each flight 
segment that exceeds 4 hours and includes flight above that flight 
level. (For this purpose, the amount of ozone below flight level 180 is 
considered to be zero.)
    (c) Compliance with this section must be shown by analysis or tests, 
based on either airplane operational procedures and performance 
limitations or the certificate holder's operations. The analysis or 
tests must show either of the following:
    (1) Atmospheric ozone statistics indicate, with a statistical 
confidence of at least 84%, that at the altitudes and locations at which 
the airplane will be operated cabin ozone concentrations will not exceed 
the limits prescribed by paragraph (b) of this section.
    (2) The airplane ventilation system including any ozone control 
equipment, will maintain cabin ozone concentrations at or below the 
limits prescribed by paragraph (b) of this section.
    (d) A certificate holder may obtain an authorization to deviate from 
the requirements of paragraph (b) of this section, by an amendment to 
its operations specifications, if--
    (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]

[[Page 168]]



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 DA/DH for the facility, whichever is higher, except--
    (1) When reported weather conditions are less than the basic VFR 
weather conditions in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at an altitude 
above the terrain that is less than 50 feet higher than the maximum 
altitude loss specified in the Airplane Flight Manual for the 
malfunction of the autopilot with approach coupler under approach 
conditions; and
    (2) When reported weather conditions are equal to or better than the 
basic VFR minimums in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at an altitude 
above the terrain that is less than the maximum altitude loss specified 
in the Airplane Flight Manual for the malfunction of the autopilot with 
approach coupler under approach conditions, or 50 feet, whichever is 
higher.
    (c) Notwithstanding paragraph (a) or (b) of this section, the 
Administrator issues operations specifications to allow the use, to 
touchdown, of an approved flight control guidance system with automatic 
capability, in any case in which--
    (1) The system does not contain any altitude loss (above zero) 
specified in the Airplane Flight Manual for malfunction of the autopilot 
with approach coupler; and
    (2) He finds that the use of the system to touchdown will not 
otherwise affect the safety standards required by this section.
    (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; Amdt. 121-333, 
72 FR 31682, June 7, 2007]



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

[[Page 169]]

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. 121.582  Means to discreetly notify a flightcrew.

    Except for all-cargo operations as defined in Sec. 119.3 of this 
chapter, after October 15, 2007, for all passenger carrying airplanes 
that require a lockable flightdeck door in accordance with Sec. 
121.313(f), the certificate holder must have an approved means by which 
the cabin crew can discreetly notify the flightcrew in the event of 
suspicious activity or security breaches in the cabin.

[Amdt. 121-334, 72 FR 45635, Aug. 15, 2007]



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.
    (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)

[[Page 170]]

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. 121.584  Requirement to view the area outside the flightdeck door.

    From the time the airplane moves in order to initiate a flight 
segment through the end of that flight segment, no person may unlock or 
open the flightdeck door unless:
    (a) A person authorized to be on the flightdeck uses an approved 
audio procedure and an approved visual device to verify that:
    (1) The area outside the flightdeck door is secure, and;
    (2) If someone outside the flightdeck is seeking to have the 
flightdeck door opened, that person is not under duress, and;
    (b) After the requirements of paragraph (a) of this section have 
been satisfactorily accomplished, the crewmember in charge on the 
flightdeck authorizes the door to be unlocked and open.

[Amdt. 121-334, 72 FR 45635, Aug. 15, 2007]



Sec. 121.585  Exit seating.

    (a)(1) Each certificate holder shall determine, to the extent 
necessary to perform the applicable functions of paragraph (d) of this 
section, the suitability of each person it permits to occupy an exit 
seat, in accordance with this section. For the purpose of this section--
    (i) Exit seat means--
    (A) Each seat having direct access to an exit; and,
    (B) Each seat in a row of seats through which passengers would have 
to pass to gain access to an exit, from the first seat inboard of the 
exit to the first aisle inboard of the exit.
    (ii) A passenger seat having ``direct access'' means a seat from 
which a passenger can proceed directly to the exit without entering an 
aisle or passing around an obstruction.
    (2) Each certificate holder shall make the passenger exit seating 
determinations required by this paragraph in a non-discriminatory manner 
consistent with the requirements of this section, by persons designated 
in the certificate holder's required operations manual.
    (3) Each certificate holder shall designate the exit seats for each 
passenger seating configuration in its fleet in accordance with the 
definitions in this paragraph and submit those designations for approval 
as part of the procedures required to be submitted for approval under 
paragraphs (n) and (p) of this section.
    (b) No certificate holder may seat a person in a seat affected by 
this section if the certificate holder determines that it is likely that 
the person would be unable to perform one or more of the applicable 
functions listed in paragraph (d) of this section because--
    (1) The person lacks sufficient mobility, strength, or dexterity in 
both arms and hands, and both legs:
    (i) To reach upward, sideways, and downward to the location of 
emergency exit and exit-slide operating mechanisms;
    (ii) To grasp and push, pull, turn, or otherwise manipulate those 
mechanisms;
    (iii) To push, shove, pull, or otherwise open emergency exits;
    (iv) To lift out, hold, deposit on nearby seats, or maneuver over 
the

[[Page 171]]

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;
    (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

[[Page 172]]

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 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

[[Page 173]]

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.
    (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

[[Page 174]]

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 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,

[[Page 175]]

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 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

[[Page 176]]

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 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.

[[Page 177]]

    (b) Before beginning a flight, the aircraft dispatcher shall provide 
the pilot in command with all available weather reports and forecasts of 
weather phenomena that may affect the safety of flight, including 
adverse weather phenomena, such as clear air turbulence, thunderstorms, 
and low altitude wind shear, for each route to be flown and each airport 
to be used.
    (c) During a flight, the aircraft dispatcher shall provide the pilot 
in command any additional available information of meteorological 
conditions (including adverse weather phenomena, such as clear air 
turbulence, thunderstorms, and low altitude wind shear), and 
irregularities of facilities and services that may affect the safety of 
the flight.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-134, 
42 FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25, 1978; 
Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.603  Facilities and services: Supplemental operations.

    (a) Before beginning a flight, each pilot in command shall obtain 
all available current reports or information on airport conditions and 
irregularities of navigation facilities that may affect the safety of 
the flight.
    (b) During a flight, the pilot in command shall obtain any 
additional available information of meteorological conditions and 
irregularities of facilities and services that may affect the safety of 
the flight.



Sec. 121.605  Airplane equipment.

    No person may dispatch or release an airplane unless it is airworthy 
and is equipped as prescribed in Sec. 121.303.



Sec. 121.607  Communication and navigation facilities: Domestic and flag 

operations.

    (a) Except as provided in paragraph (b) of this section for a 
certificate holder conducting flag operations, no person may dispatch an 
airplane over an approved route or route segment unless the 
communication and navigation facilities required by 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]



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]

[[Page 178]]



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 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

[[Page 179]]

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. 121.624  ETOPS Alternate Airports.

    (a) No person may dispatch or release an airplane for an ETOPS 
flight unless enough ETOPS Alternate Airports are listed in the dispatch 
or flight release such that the airplane remains within the authorized 
ETOPS maximum diversion time. In selecting these ETOPS Alternate 
Airports, the certificate holder must consider all adequate airports 
within the authorized ETOPS diversion time for the flight that meet the 
standards of this part.
    (b) No person may list an airport as an ETOPS Alternate Airport in a 
dispatch or flight release unless, when it might be used (from the 
earliest to the latest possible landing time)--
    (1) The appropriate weather reports or forecasts, or any combination 
thereof, indicate that the weather conditions will be at or above the 
ETOPS Alternate Airport minima specified in the certificate holder's 
operations specifications; and
    (2) The field condition reports indicate that a safe landing can be 
made.
    (c) Once a flight is en route, the weather conditions at each ETOPS 
Alternate Airport must meet the requirements of Sec. 121.631 (c).
    (d) No person may list an airport as an ETOPS Alternate Airport in 
the dispatch or flight release unless that airport meets the public 
protection requirements of Sec. 121.97(b)(1)(ii).

[Doc. No. FAA-2002-6717, 72 FR 1881, Jan. 16, 2007]



Sec. 121.625  Alternate Airport weather minima.

    Except as provided in Sec. 121.624 for ETOPS Alternate Airports, no 
person may list an airport as an alternate 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 minima specified in the certificate

[[Page 180]]

holder's operations specifications for that airport when the flight 
arrives.

[Doc. No. FAA-2002-6717, 72 FR 1881, Jan. 16, 2007]



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

[[Page 181]]

surfaces of the aircraft or when the takeoff would not be in compliance 
with paragraph (c) of this section. Takeoffs with frost under the wing 
in the area of the fuel tanks may be authorized by the Administrator.
    (c) Except as provided in paragraph (d) of this section, no person 
may dispatch, release, or take off an aircraft any time conditions are 
such that frost, ice, or snow may reasonably be expected to adhere to 
the aircraft, unless the certificate holder has an approved ground 
deicing/anti-icing program in its operations specifications and unless 
the dispatch, release, and takeoff comply with that program. The 
approved ground deicing/anti-icing program must include at least the 
following items:
    (1) A detailed description of--
    (i) How the certificate holder determines that conditions are such 
that frost, ice, or snow may reasonably be expected to adhere to the 
aircraft and that ground deicing/anti-icing operational procedures must 
be in effect;
    (ii) Who is responsible for deciding that ground deicing/anti-icing 
operational procedures must be in effect;
    (iii) The procedures for implementing ground deicing/anti-icing 
operational procedures;
    (iv) The specific duties and responsibilities of each operational 
position or group responsible for getting the aircraft safely airborne 
while ground deicing/anti-icing operational procedures are in effect.
    (2) Initial and annual recurrent ground training and testing for 
flight crewmembers and qualification for all other affected personnel 
(e.g., aircraft dispatchers, ground crews, contract personnel) 
concerning the specific requirements of the approved program and each 
person's responsibilities and duties under the approved program, 
specifically covering the following areas:
    (i) The use of holdover times.
    (ii) Aircraft deicing/anti-icing procedures, including inspection 
and check procedures and responsibilities.
    (iii) Communications procedures.
    (iv) Aircraft surface contamination (i.e., adherence of frost, ice, 
or snow) and critical area identification, and how contamination 
adversely affects aircraft performance and flight characteristics.
    (v) Types and characteristics of deicing/anti-icing fluids.
    (vi) Cold weather preflight inspection procedures;
    (vii) Techniques for recognizing contamination on the aircraft.
    (3) The certificate holder's holdover timetables and the procedures 
for the use of these tables by the certificate holder's personnel. 
Holdover time is the estimated time deicing/anti-icing fluid will 
prevent the formation of frost or ice and the accumulation of snow on 
the protected surfaces of an aircraft. Holdover time begins when the 
final application of deicing/anti-icing fluid commences and expires when 
the deicing/anti-icing fluid applied to the aircraft loses its 
effectiveness. The holdover times must be supported by data acceptable 
to the Administrator. The certificate holder's program must include 
procedures for flight crewmembers to increase or decrease the determined 
holdover time in changing conditions. The program must provide that 
takeoff after exceeding any maximum holdover time in the certificate 
holder's holdover timetable is permitted only when at least one of the 
following conditions exists:
    (i) A pretakeoff contamination check, as defined in paragraph (c)(4) 
of this section, determines that the wings, control surfaces, and other 
critical surfaces, as defined in the certificate holder's program, are 
free of frost, ice, or snow.
    (ii) It is otherwise determined by an alternate procedure approved 
by the Administrator in accordance with the certificate holder's 
approved program that the wings, control surfaces, and other critical 
surfaces, as defined in the certificate holder's program, are free of 
frost, ice, or snow.
    (iii) The wings, control surfaces, and other critical surfaces are 
redeiced and a new holdover time is determined.
    (4) Aircraft deicing/anti-icing procedures and responsibilities, 
pretakeoff check procedures and responsibilities, and pretakeoff 
contamination check procedures and responsibilities. A pretakeoff check 
is a check of the aircraft's wings or representative aircraft surfaces 
for frost, ice, or snow within

[[Page 182]]

the aircraft's holdover time. A pretakeoff contamination check is a 
check to make sure the wings, control surfaces, and other critical 
surfaces, as defined in the certificate holder's program, are free of 
frost, ice, and snow. It must be conducted within five minutes prior to 
beginning take off. This check must be accomplished from outside the 
aircraft unless the program specifies otherwise.
    (d) A certificate holder may continue to operate under this section 
without a program as required in paragraph (c) of this section, if it 
includes in its operations specifications a requirement that, any time 
conditions are such that frost, ice, or snow may reasonably be expected 
to adhere to the aircraft, no aircraft will take off unless it has been 
checked to ensure that the wings, control surfaces, and other critical 
surfaces are free of frost, ice, and snow. The check must occur within 
five minutes prior to beginning takeoff. This check must be accomplished 
from outside the aircraft.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-231, 
57 FR 44942, Sept. 29, 1992; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.631  Original dispatch or flight release, redispatch or amendment of 

dispatch or flight release.

    (a) A certificate holder may specify any regular, provisional, or 
refueling airport, authorized for the type of aircraft, as a destination 
for the purpose of original dispatch or release.
    (b) No person may allow a flight to continue to an airport to which 
it has been dispatched or released unless the weather conditions at an 
alternate airport that was specified in the dispatch or flight release 
are forecast to be at or above the alternate minimums specified in the 
operations specifications for that airport at the time the aircraft 
would arrive at the alternate airport. However, the dispatch or flight 
release may be amended en route to include any alternate airport that is 
within the fuel range of the aircraft as specified in Sec. Sec. 121.639 
through 121.647.
    (c) No person may allow a flight to continue beyond the ETOPS Entry 
Point unless--
    (1) Except as provided in paragraph (d) of this section, the weather 
conditions at each ETOPS Alternate Airport required by Sec. 121.624 are 
forecast to be at or above the operating minima for that airport in the 
certificate holder's operations specifications when it might be used 
(from the earliest to the latest possible landing time); and
    (2) All ETOPS Alternate Airports within the authorized ETOPS maximum 
diversion time are reviewed and the flight crew advised of any changes 
in conditions that have occurred since dispatch.
    (d) If paragraph (c)(1) of this section cannot be met for a specific 
airport, the dispatch or flight release may be amended to add an ETOPS 
Alternate Airport within the maximum ETOPS diversion time that could be 
authorized for that flight with weather conditions at or above operating 
minima.
    (e) Before the ETOPS Entry Point, the pilot in command for a 
supplemental operator or a dispatcher for a flag operator must use 
company communications to update the flight plan if needed because of a 
re-evaluation of aircraft system capabilities.
    (f) 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.
    (g) 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; Amdt. 121-329, 72 FR 1881, Jan. 16, 2007]



Sec. 121.633  Considering time-limited systems in planning ETOPS alternates.

    (a) For ETOPS up to and including 180 minutes, no person may list an 
airport as an ETOPS Alternate Airport in a dispatch or flight release if 
the time needed to fly to that airport (at the approved one-engine 
inoperative cruise speed under standard conditions in still air) would 
exceed the approved time for

[[Page 183]]

the airplane's most limiting ETOPS Significant System (including the 
airplane's most limiting fire suppression system time for those cargo 
and baggage compartments required by regulation to have fire-suppression 
systems) minus 15 minutes.
    (b) For ETOPS beyond 180 minutes, no person may list an airport as 
an ETOPS Alternate Airport in a dispatch or flight release if the time 
needed to fly to that airport:
    (1) at the all engine operating cruise speed, corrected for wind and 
temperature, exceeds the airplane's most limiting fire suppression 
system time minus 15 minutes for those cargo and baggage compartments 
required by regulation to have fire suppression systems (except as 
provided in paragraph (c) of this section), or
    (2) at the one-engine-inoperative cruise speed, corrected for wind 
and temperature, exceeds the airplane's most limiting ETOPS Significant 
System time (other than the airplane's most limiting fire suppression 
system time minus 15 minutes for those cargo and baggage compartments 
required by regulation to have fire-suppression systems).
    (c) For turbine-engine powered airplanes with more than two engines, 
the certificate holder need not meet paragraph (b)(1) of this section 
until February 15, 2013.

[Doc. No. FAA-2002-6717, 72 FR 1882, Jan. 16, 2007]



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.
    (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]

[[Page 184]]



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]



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

[[Page 185]]

    (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. 121.646  En-route fuel supply: flag and supplemental operations.

    (a) No person may dispatch or release for flight a turbine-engine 
powered airplane with more than two engines for a flight more than 90 
minutes (with all engines operating at cruise power) from an Adequate 
Airport unless the following fuel supply requirements are met:
    (1) The airplane has enough fuel to meet the requirements of Sec. 
121.645(b);
    (2) The airplane has enough fuel to fly to the Adequate Airport--
    (i) Assuming a rapid decompression at the most critical point;
    (ii) Assuming a descent to a safe altitude in compliance with the 
oxygen supply requirements of Sec. 121.333; and
    (iii) Considering expected wind and other weather conditions.
    (3) The airplane has enough fuel to hold for 15 minutes at 1500 feet 
above field elevation and conduct a normal approach and landing.
    (b) No person may dispatch or release for flight an ETOPS flight 
unless, considering wind and other weather conditions expected, it has 
the fuel otherwise required by this part and enough fuel to satisfy each 
of the following requirements:
    (1) Fuel to fly to an ETOPS Alternate Airport.
    (i) Fuel to account for rapid decompression and engine failure. The 
airplane must carry the greater of the following amounts of fuel:
    (A) Fuel sufficient to fly to an ETOPS Alternate Airport assuming a 
rapid decompression at the most critical point followed by descent to a 
safe altitude in compliance with the oxygen supply requirements of Sec. 
121.333 of this chapter;
    (B) Fuel sufficient to fly to an ETOPS Alternate Airport (at the 
one-engine-inoperative cruise speed) assuming a rapid decompression and 
a simultaneous engine failure at the most critical point followed by 
descent to a safe altitude in compliance with the oxygen requirements of 
Sec. 121.133 of this chapter; or
    (C) Fuel sufficient to fly to an ETOPS Alternate Airport (at the one 
engine inoperative cruise speed) assuming an engine failure at the most 
critical point followed by descent to the one engine inoperative cruise 
altitude.
    (ii) Fuel to account for errors in wind forecasting. In calculating 
the amount of fuel required by paragraph (b)(1)(i) of this section, the 
certificate holder must increase the actual forecast wind speed by 5% 
(resulting in an increase in headwind or a decrease in tailwind) to 
account for any potential errors in wind forecasting. If a certificate 
holder is not using the actual forecast wind based on a wind model 
accepted by the FAA, the airplane must carry additional fuel equal to 5% 
of the fuel required for paragraph (b)(1)(i) of this section, as reserve 
fuel to allow for errors in wind data.
    (iii) Fuel to account for icing. In calculating the amount of fuel 
required by paragraph (b)(1)(i) of this section (after completing the 
wind calculation in paragraph (b)(1)(ii) of this section), the 
certificate holder must ensure that the

[[Page 186]]

airplane carries the greater of the following amounts of fuel in 
anticipation of possible icing during the diversion:
    (A) Fuel that would be burned as a result of airframe icing during 
10 percent of the time icing is forecast (including the fuel used by 
engine and wing anti-ice during this period).
    (B) Fuel that would be used for engine anti-ice, and if appropriate 
wing anti-ice, for the entire time during which icing is forecast.
    (iv) Fuel to account for engine deterioration. In calculating the 
amount of fuel required by paragraph (b)(1)(i) of this section (after 
completing the wind calculation in paragraph (b)(1)(ii) of this 
section), the airplane also carries fuel equal to 5% of the fuel 
specified above, to account for deterioration in cruise fuel burn 
performance unless the certificate holder has a program to monitor 
airplane in-service deterioration to cruise fuel burn performance.
    (2) Fuel to account for holding, approach, and landing. In addition 
to the fuel required by paragraph (b)(1) of this section, the airplane 
must carry fuel sufficient to hold at 1500 feet above field elevation 
for 15 minutes upon reaching an ETOPS Alternate Airport and then conduct 
an instrument approach and land.
    (3) Fuel to account for APU use. If an APU is a required power 
source, the certificate holder must account for its fuel consumption 
during the appropriate phases of flight.

[Doc. No. FAA-2002-6717, 72 FR 1882, Jan. 16, 2007]



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]



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

[[Page 187]]

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 DA/DH or MDA. Upon 
reaching DA/DH or at MDA, and at any time before the missed approach 
point, the pilot may continue the approach below DA/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 the pilot. However, no 
pilot may continue an approach below the authorized DA/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

[[Page 188]]

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; Amdt. 121-333, 72 FR 31682, June 7, 2007]



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 DA/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 DA/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; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



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.

[[Page 189]]



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.



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

[[Page 190]]

they both believe that the flight can be made with safety. The aircraft 
dispatcher may delegate authority to sign a release for a particular 
flight, but he may not delegate his authority to dispatch.

[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]



Sec. 121.665  Load manifest.

    Each certificate holder is responsible for the preparation and 
accuracy of a load manifest form before each takeoff. The form must be 
prepared and signed for each flight by employees of the certificate 
holder who have the duty of supervising the loading of aircraft and 
preparing the load manifest forms or by other qualified persons 
authorized by the certificate holder.



Sec. 121.667  Flight plan: VFR and IFR: Supplemental operations.

    (a) No person may take off an aircraft unless the pilot in command 
has filed a flight plan, containing the appropriate information required 
by part 91, with the nearest FAA communication station or appropriate 
military station or, when operating outside the United States, with 
other appropriate authority. However, if communications facilities are 
not readily available, the pilot in command shall file the flight plan 
as soon as practicable after the aircraft is airborne. A flight plan 
must continue in effect for all parts of the flight.
    (b) When flights are operated into military airports, the arrival or 
completion notice required by 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 
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:

[[Page 191]]

    (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.
    (6) For each flight dispatched as an ETOPS flight, the ETOPS 
diversion time for which the flight is dispatched.
    (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.

[Docket No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-
329, 72 FR 1883, Jan. 16, 2007]



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).
    (8) For each flight released as an ETOPS flight, the ETOPS diversion 
time for which the flight is released.
    (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; Amdt. 121-329, 72 FR 1883, Jan. 16, 2007]



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.
    (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.

[[Page 192]]

    (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 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  Service difficulty reports.

    (a) Each certificate holder shall report the occurrence or detection 
of

[[Page 193]]

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 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 the FAA 
offices in Oklahoma City, Oklahoma. Each report of occurrences during a 
24-hour period shall be submitted to the collection point 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 work day.
    (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) Type and identification number of the aircraft.
    (2) The name of the operator.
    (3) The date, flight number, and stage during which the incident 
occurred (e.g., preflight, takeoff, climb, cruise, desent landing, and 
inspection).
    (4) The emergency procedure effected (e.g., unscheduled landing and 
emergency descent).
    (5) The nature of the failure, malfunction, or defect.
    (6) Identification of the part and system involved, including 
available information pertaining to type designation of the major 
component and time since overhaul.
    (7) Apparent cause of the failure, malfunction, or defect (e.g., 
wear, crack, design deficiency, or personnel error).
    (8) Whether the part was repaired, replaced, sent to the 
manufacturer, or other action taken.

[[Page 194]]

    (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; 
Amdt. 121-319, 70 FR 76979, Dec. 29, 2005]



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:
    (a) Each interruption to a flight, unscheduled change of aircraft en 
route, or unscheduled stop or diversion from a route, caused by known or 
suspected mechanical difficulties or malfunctions that are not required 
to be reported under Sec. 121.703.
    (b) The number of engines removed prematurely because of 
malfunction, failure or defect, listed by make and model and the 
aircraft type in which it was installed.
    (c) The number of propeller featherings in flight, listed by type of 
propeller and engine and aircraft on which it was installed. Propeller 
featherings for training, demonstration, or flight check purposes need 
not be reported.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-319, 70 FR 76979, Dec. 29, 2005]



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;

[[Page 195]]

    (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 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

[[Page 196]]

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 
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.

[[Page 197]]

    (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.



                 Subpart Y_Avanced Qualification Program

    Source: Docket No. FAA-2005-20750, 70 FR 54815, Sept. 16, 2005, 
unless otherwise noted.



Sec. 121.901  Purpose and eligibility.

    (a) Contrary provisions of parts 61, 63, 65, 121, 135, and 142 of 
this chapter notwithstanding, this subpart provides for approval of an 
alternative 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 
under parts 121 and 135 of this chapter.
    (b) A certificate holder is eligible under this subpart if the 
certificate holder is required or elects to have an approved training 
program under Sec. Sec. 121.401, 135.3(c), or 135.341 of this chapter.
    (c) A certificate holder obtains approval of each proposed 
curriculum under this AQP as specified in Sec. 121.909.



Sec. 121.903  General requirements for Advanced Qualification Programs.

    (a) A curriculum approved under an AQP may include elements of 
existing training programs under part 121 and part 135 of this chapter. 
Each curriculum must specify the make, model, series or variant of 
aircraft 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, flight instructors, and evaluators and may 
include other positions, such as flight attendants, aircraft 
dispatchers, and other operations personnel.
    (b) Each certificate holder that obtains approval of an AQP under 
this subpart must comply with all the requirements of the AQP and this 
subpart instead of the corresponding provisions of parts 61, 63, 65, 
121, or 135 of this chapter. However, each applicable requirement of 
parts 61, 63, 65, 121, or 135 of this chapter, including but not limited 
to practical test requirements, that is not specifically addressed in 
the AQP continues to apply to the certificate holder and to the 
individuals being trained and qualified by the certificate holder. No 
person may be trained under an AQP unless that AQP has been approved by 
the FAA and the person complies with all the requirements of the AQP and 
this subpart.
    (c) No certificate holder that conducts its training program under 
this subpart may use any person nor may any person serve in any duty 
position as a required crewmember, an aircraft dispatcher, an 
instructor, or an evaluator, unless that person has satisfactorily 
accomplished, in a training program approved under this subpart for the 
certificate holder, the training and evaluation of proficiency required 
by the AQP for that type airplane and duty position.
    (d) All documentation and data required under this subpart must be 
submitted in a form and manner acceptable to the FAA.
    (e) Any training or evaluation required under an AQP that is 
satisfactorily completed in the calendar month before or the calendar 
month after the calendar month in which it is due is considered to have 
been completed in the calendar month it was due.



Sec. 121.905  Confidential commercial information.

    (a) Each certificate holder that claims that AQP information or data 
it is submitting to the FAA is entitled to confidential treatment under 
5 U.S.C. 552(b)(4) because it constitutes confidential commercial 
information as described in 5 U.S.C. 552(b)(4), and should be withheld 
from public disclosure, must include its request for confidentiality 
with each submission.

[[Page 198]]

    (b) When requesting confidentiality for submitted information or 
data, the certificate holder must:
    (1) If the information or data is transmitted electronically, embed 
the claim of confidentiality within the electronic record so the 
portions claimed to be confidential are readily apparent when received 
and reviewed.
    (2) If the information or data is submitted in paper format, place 
the word ``CONFIDENTIAL'' on the top of each page containing information 
or data claimed to be confidential.
    (3) Justify the basis for a claim of confidentiality under 5 U.S.C. 
552(b)(4).



Sec. 121.907  Definitions.

    The following definitions apply to this subpart:
    Crew Resource Management (CRM) means the effective use of all the 
resources available to crewmembers, including each other, to achieve a 
safe and efficient flight.
    Curriculum outline means a listing of each segment, module, lesson, 
and lesson element in a curriculum, or an equivalent listing acceptable 
to the FAA.
    Evaluation of proficiency means a Line Operational Evaluation (LOE) 
or an equivalent evaluation under an AQP acceptable to the FAA.
    Evaluator means a person who assesses or judges the performance of 
crewmembers, instructors, other evaluators, aircraft dispatchers, or 
other operations personnel.
    First Look means the assessment of performance to determine 
proficiency on designated flight tasks before any briefing, training, or 
practice on those tasks is given in the training session for a 
continuing qualification curriculum. First Look is conducted during an 
AQP continuing qualification cycle to determine trends of degraded 
proficiency, if any, due in part to the length of the interval between 
training sessions.
    Instructional systems development means a systematic methodology for 
developing or modifying qualification standards and associated 
curriculum content based on a documented analysis of the job tasks, 
skills, and knowledge required for job proficiency.
    Job task listing means a listing of all tasks, subtasks, knowledge, 
and skills required for accomplishing the operational job.
    Line Operational Evaluation (LOE) means a simulated line 
environment, the scenario content of which is designed to test 
integrating technical and CRM skills.
    Line Operational Simulation (LOS) means a training or evaluation 
session, as applicable, that is conducted in a simulated line 
environment using equipment qualified and approved for its intended 
purpose in an AQP.
    Planned hours means the estimated amount of time (as specified in a 
curriculum outline) that it takes a typical student to complete a 
segment of instruction (to include all instruction, demonstration, 
practice, and evaluation, as appropriate, to reach proficiency).
    Qualification standard means a statement of a minimum required 
performance, applicable parameters, criteria, applicable flight 
conditions, evaluation strategy, evaluation media, and applicable 
document references.
    Qualification standards document means a single document containing 
all the qualification standards for an AQP together with a prologue that 
provides a detailed description of all facets of the evaluation process.
    Special tracking means assigning a person to an augmented schedule 
of training, checking, or both.
    Training session means a contiguously scheduled period devoted to 
training activities at a facility approved by the FAA for that purpose.
    Variant means a specifically configured aircraft for which the FAA 
has identified training and qualifications that are significantly 
different from those applicable to other aircraft of the same make, 
model, and series.



Sec. 121.909  Approval of Advanced Qualification Program.

    (a) Approval process. Application for approval of an AQP curriculum 
under this subpart is made, through the FAA office responsible for 
approval of the certificate holder's operations specifications, to the 
Manager of the Advanced Qualification Program.

[[Page 199]]

    (b) Approval criteria. Each AQP must have separate curriculums for 
indoctrination, qualification, and continuing qualification (including 
upgrade, transition, and requalification), as specified in Sec. Sec. 
121.911, 121.913, and 121.915. All AQP curriculums must be based on an 
instructional systems development methodology. This methodology must 
incorporate a thorough analysis of the certificate holder's operations, 
aircraft, line environment and job functions. All AQP qualification and 
continuing qualification curriculums must integrate the training and 
evaluation of CRM and technical skills and knowledge. An application for 
approval of an AQP curriculum may be approved if the program meets the 
following requirements:
    (1) The program must meet all the requirements of this subpart.
    (2) Each indoctrination, qualification, and continuing qualification 
AQP, and derivatives must include the following documentation:
    (i) Initial application for AQP.
    (ii) Initial job task listing.
    (iii) Instructional systems development methodology.
    (iv) Qualification standards document.
    (v) Curriculum outline.
    (vi) Implementation and operations plan.
    (3) Subject to approval by the FAA, certificate holders may elect, 
where appropriate, to consolidate information about multiple programs 
within any of the documents referenced in paragraph (b)(2) of this 
section.
    (4) The Qualification Standards Document must indicate specifically 
the requirements of the parts 61, 63, 65, 121, or 135 of this chapter, 
as applicable, that would be replaced by an AQP curriculum. If a 
practical test requirement of parts 61, 63, 65, 121, or 135 of this 
chapter is replaced by an AQP curriculum, the certificate holder must 
establish an initial justification and a continuing process approved by 
the FAA to show how the AQP curriculum provides an equivalent level of 
safety for each requirement that is to be replaced.
    (c) Application and transition. Each certificate holder that applies 
for one or more advanced qualification curriculums 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 program training.
    (d) Advanced Qualification Program revisions or rescissions of 
approval. If after a certificate holder begins training and 
qualification under an AQP, the FAA finds the certificate holder is not 
meeting the provisions of its approved AQP, the FAA may require the 
certificate holder, pursuant to Sec. 121.405(e), to make revisions. Or 
if otherwise warranted, the FAA may withdraw AQP approval and require 
the certificate holder 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 training program under 
subpart N of this part or under subpart H of part 135 of this chapter, 
as appropriate. The certificate holder may also voluntarily submit and 
obtain approval for a plan (containing a schedule of events) to 
transition to an approved training program under subpart N of this part 
or under subpart H of part 135 of this chapter, as appropriate.
    (e) Approval by the FAA. Final approval of an AQP by the FAA 
indicates the FAA has accepted the justification provided under 
paragraph (b)(4) of this section and the applicant's initial 
justification and continuing process establish an equivalent level of 
safety for each requirement of parts 61, 63, 65, 121, and 135 of this 
chapter that is being replaced.



Sec. 121.911  Indoctrination curriculum.

    Each indoctrination curriculum must include the following:
    (a) For newly hired persons being trained under an AQP: The 
certificate holder's policies and operating practices and general 
operational knowledge.
    (b) For newly hired crewmembers and aircraft dispatchers: General 
aeronautical knowledge appropriate to the duty position.
    (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,

[[Page 200]]

flight simulators, and other training equipment in advanced 
qualification curriculums, as appropriate.
    (d) For evaluators: General evaluation requirements of the AQP; 
methods of evaluating crewmembers and aircraft dispatchers and other 
operations personnel, as appropriate, and policies and practices used to 
conduct the kinds of evaluations particular to an AQP (e.g., LOE).



Sec. 121.913  Qualification curriculum.

    Each qualification curriculum must contain training, evaluation, and 
certification activities, as applicable for specific positions subject 
to the AQP, as follows:
    (a) The certificate holder's planned hours of training, evaluation, 
and supervised operating experience.
    (b) For crewmembers, aircraft dispatchers, and other operations 
personnel, the following:
    (1) Training, evaluation, and certification activities that 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, series, or variant aircraft.
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
proficiency objective to be trained and evaluated.
    (3) The requirements of the certificate holder's approved AQP 
program that are in addition to or in place of, the requirements of 
parts 61, 63, 65, 121 or 135 of this chapter, including any applicable 
practical test requirements.
    (4) A list of and text describing operating experience, evaluation/
remediation strategies, provisions for special tracking, and how recency 
of experience requirements will be accomplished.
    (c) For flight crewmembers: Initial operating experience and line 
check.
    (d) For instructors, the following as appropriate:
    (1) Training and evaluation activities to qualify a person to 
conduct instruction on how to operate, or on how to ensure the safe 
operation of a particular make, model, and series aircraft (or variant).
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
procedure and proficiency objective to be trained and evaluated.
    (3) A list of and text describing evaluation/remediation strategies, 
standardization policies and recency requirements.
    (e) For evaluators: The requirements of paragraph (d)(1) of this 
section plus the following, as appropriate:
    (1) Training and evaluation activities that are aircraft and 
equipment specific to qualify a person to assess the performance of 
persons who operate or who ensure the safe operation of, a particular 
make, model, and series aircraft (or variant).
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
procedure and proficiency objective to be trained and evaluated.
    (3) A list of and text describing evaluation/remediation strategies, 
standardization policies and recency requirements.



Sec. 121.915  Continuing qualification curriculum.

    Each continuing qualification curriculum must contain training and 
evaluation activities, as applicable for specific positions subject to 
the AQP, as follows:
    (a) Continuing qualification cycle. A continuing qualification cycle 
that ensures that during each cycle each person qualified under an AQP, 
including instructors and evaluators, will receive a mix that will 
ensure training and evaluation on all events and subjects necessary to 
ensure that each person maintains proficiency in knowledge, technical 
skills, and cognitive skills required for initial qualification in 
accordance with the approved continuing qualification AQP, evaluation/
remediation strategies, and provisions for special tracking. Each 
continuing qualification cycle must include at least the following:
    (1) Evaluation period. Initially the continuing qualification cycle 
is comprised of two or more evaluation periods of equal duration. Each 
person

[[Page 201]]

qualified under an AQP must receive ground training and flight training, 
as appropriate, and an evaluation of proficiency during each evaluation 
period at a training facility. The number and frequency of training 
sessions must be approved by the FAA.
    (2) Training. Continuing qualification must include training in all 
tasks, procedures and subjects required in accordance with the approved 
program documentation, as follows:
    (i) For pilots in command, seconds in command, and flight engineers, 
First Look in accordance with the certificate holder's FAA-approved 
program documentation.
    (ii) For pilots in command, seconds in command, flight engineers, 
flight attendants, 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.
    (iii) For crewmembers, instructors, evaluators, and other 
operational personnel who conduct their duties in flight: Proficiency 
training in an aircraft, flight training device, flight simulator, or 
other equipment, as appropriate, on normal, abnormal, and emergency 
flight procedures and maneuvers.
    (iv) For dispatchers and other operational personnel who do not 
conduct their duties in flight: ground training including a general 
review of knowledge and skills covered in qualification training, 
updated information on newly developed procedures, safety related 
information, and, if applicable, a line observation program.
    (v) For instructors and evaluators: Proficiency training in the type 
flight training device or the type flight simulator, as appropriate, 
regarding training equipment operation. For instructors and evaluators 
who are limited to conducting their duties in flight simulators or 
flight training devices: Training in operational flight procedures and 
maneuvers (normal, abnormal, and emergency).
    (b) Evaluation of performance. Continuing qualification must include 
evaluation of performance on a sample of those events and major subjects 
identified as diagnostic of competence and approved for that purpose by 
the FAA. The following evaluation requirements apply:
    (1) Evaluation of proficiency as follows:
    (i) For pilots in command, seconds in command, and flight engineers: 
An evaluation of proficiency, portions of which may be conducted in an 
aircraft, flight simulator, or flight training device as approved in the 
certificate holder's curriculum that must be completed during each 
evaluation period.
    (ii) 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.
    (2) Line checks as follows:
    (i) Except as provided in paragraph (b)(2)(ii) of this section, for 
pilots in command: A line check conducted in an aircraft during actual 
flight operations under part 121 or part 135 of this chapter or during 
operationally (line) oriented flights, such as ferry flights or proving 
flights. A line check must be completed in the calendar month at the 
midpoint of the evaluation period.
    (ii) With the FAA's approval, a no-notice line check strategy may be 
used in lieu of the line check required by paragraph (b)(2)(i) of this 
section. The certificate holder who elects to exercise this option must 
ensure the ``no-notice'' line checks are administered so the flight 
crewmembers are not notified before the evaluation. In addition, the AQP 
certificate holder must ensure that each pilot in command receives at 
least one ``no-notice'' line check every 24 months. As a minimum, the 
number of ``no-notice'' line checks administered each calendar year must 
equal at least 50% of the certificate holder's pilot-in-command 
workforce in accordance with a strategy approved by the FAA for that 
purpose. In addition, the line checks to be conducted under this 
paragraph must be conducted over all geographic areas flown by the 
certificate holder in accordance with a sampling methodology approved by 
the FAA for that purpose.
    (iii) During the line checks required under paragraph (b)(2)(i) and 
(ii) of this section, each person performing duties as a pilot in 
command, second in command, or flight engineer for that flight,

[[Page 202]]

must be individually evaluated to determine whether the person 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 the person has sufficient knowledge and skills to 
operate effectively as part of a crew. The evaluator must be a check 
airman, an APD, or an FAA inspector and must hold the certificates and 
ratings required of the pilot in command.
    (c) Recency of experience. For pilots in command, seconds in 
command, flight engineers, aircraft dispatchers, instructors, 
evaluators, and flight attendants, approved recency of experience 
requirements appropriate to the duty position.
    (d) Duration of cycles and periods. Initially, the continuing 
qualification cycle approved for an AQP must not exceed 24 calendar 
months in duration, and must include two or more evaluation periods of 
equal duration. After that, upon demonstration by a certificate holder 
that an extension is warranted, the FAA may approve an extension of the 
continuing qualification cycle to a maximum of 36 calendar months in 
duration.
    (e) Requalification. Each continuing qualification curriculum must 
include a curriculum segment that covers the requirements for 
requalifying a crewmember, aircraft dispatcher, other operations 
personnel, instructor, or evaluator who has not maintained continuing 
qualification.



Sec. 121.917  Other requirements.

    In addition to the requirements of Sec. Sec. 121.913 and 121.915, 
each AQP qualification and continuing qualification curriculum must 
include the following requirements:
    (a) Integrated Crew Resource Management (CRM) or Dispatcher Resource 
Management (DRM) ground and if appropriate flight 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 AQP to use his or her resource 
management skills and his or her 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, flight simulator, or, if approved under this subpart, in an 
aircraft.
    (c) Data collection and analysis processes acceptable to the FAA 
that will ensure the certificate holder provides performance information 
on its crewmembers, dispatchers, instructors, evaluators, and other 
operations personnel that will enable the certificate holder and the FAA 
to determine whether the form and content of training and evaluation 
activities are satisfactorily accomplishing the overall objectives of 
the curriculum.



Sec. 121.919  Certification.

    A person subject to 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 FAA in parts 61, 63, or 65 of this chapter. The FAA may approve 
alternatives to the certification and rating criteria of parts 61, 63, 
or 65 of this chapter, including practical test requirements, if it can 
be demonstrated that the newly established criteria or requirements 
represent an equivalent or better measure of crewmember or dispatcher 
competence, operational proficiency, and safety.
    (b) The applicant satisfactorily completes the appropriate 
qualification curriculum.
    (c) The applicant shows competence in required technical knowledge 
and skills (e.g., piloting or other) and crew resource management (e.g., 
CRM or DRM) knowledge and skills in scenarios (i.e., LOE) 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 of this chapter.
    (e) The applicant has been trained to proficiency on the certificate 
holder's approved AQP Qualification Standards

[[Page 203]]

as witnessed by an instructor, check airman, or APD and has passed an 
LOE administered by an APD or the FAA.



Sec. 121.921  Training devices and simulators.

    (a) Each flight training device or airplane simulator that will be 
used in an AQP for one of the following purposes must be evaluated by 
the FAA for assignment of a flight training device or flight simulator 
qualification level:
    (1) Required evaluation of individual or crew proficiency.
    (2) Training to proficiency or training activities that determine if 
an individual or crew is ready for an evaluation of proficiency.
    (3) Activities used to meet recency of experience requirements.
    (4) Line Operational Simulations (LOS).
    (b) Approval of other training equipment.
    (1) Any training equipment that is intended to be used in an AQP for 
purposes other than those set forth in paragraph (a) of this section 
must be approved by the FAA for its intended use.
    (2) An applicant for approval of training equipment 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 FAA.



Sec. 121.923  Approval of training, qualification, or evaluation by a person 

who provides training by arrangement.

    (a) A certificate holder operating under part 121 or part 135 of 
this chapter may arrange to have AQP training, qualification, 
evaluation, or certification functions performed by another person (a 
``training provider'') if the following requirements are met:
    (1) The training provider is certificated under part 119 or 142 of 
this chapter.
    (2) The training provider's AQP training and qualification 
curriculums, curriculum segments, or portions of curriculum segments 
must be provisionally approved by the FAA. A training provider 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, through the FAA office directly 
responsible for oversight of the training provider, to the Manager of 
the Advanced Qualification Program.
    (3) 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 FAA as set forth in Sec. 121.909.
    (b) An applicant for provisional approval of a curriculum, 
curriculum segment, or portion of a curriculum segment under this 
paragraph must show the following requirements are met:
    (1) The applicant must have a curriculum for the qualification and 
continuing qualification of each instructor and evaluator used by the 
applicant.
    (2) The applicant's facilities must be found by the FAA to be 
adequate for any planned training, qualification, or evaluation for a 
certificate holder operating under part 121 or part 135 of this chapter.
    (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 
provider's provisionally approved curriculum, curriculum segment, or 
portion of a curriculum segment in its AQP, must show the following 
requirements are met:
    (1) Each instructor or evaluator used by the training provider must 
meet all 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

[[Page 204]]

approved by the FAA for use in the certificate holder's AQP. The FAA 
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.



Sec. 121.925  Recordkeeping requirements.

    Each certificate holder conducting an approved AQP must establish 
and maintain records in sufficient detail to demonstrate the certificate 
holder is in compliance with all the requirements of the AQP and this 
subpart.



             Subpart Z_Hazardous Materials Training Program

    Source: Doc. No. FAA-2003-15085, 70 FR 58823, Nov. 7, 2005, unless 
otherwise noted.



Sec. 121.1001  Applicability and definitions.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for training each crewmember and person performing or 
directly supervising any of the following job functions involving any 
item for transport on board an aircraft:
    (1) Acceptance;
    (2) Rejection;
    (3) Handling;
    (4) Storage incidental to transport;
    (5) Packaging of company material; or
    (6) Loading.
    (b) Definitions. For purposes of this subpart, the following 
definitions apply:
    (1) Company material (COMAT)--Material owned or used by a 
certificate holder.
    (2) Initial hazardous materials training--The basic training 
required for each newly hired person, or each person changing job 
functions, who performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.
    (3) Recurrent hazardous materials training--The training required 
every 24 months for each person who has satisfactorily completed the 
certificate holder's approved initial hazardous materials training 
program and performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.



Sec. 121.1003  Hazardous materials training: General.

    (a) Each certificate holder must establish and implement a hazardous 
materials training program that:
    (1) Satisfies the requirements of Appendix O of this part;
    (2) Ensures that each person performing or directly supervising any 
of the job functions specified in Sec. 121.1001(a) is trained to comply 
with all applicable parts of 49 CFR parts 171 through 180 and the 
requirements of this subpart; and
    (3) Enables the trained person to recognize items that contain, or 
may contain, hazardous materials regulated by 49 CFR parts 171 through 
180.
    (b) Each certificate holder must provide initial hazardous materials 
training and recurrent hazardous materials training to each crewmember 
and person performing or directly supervising any of the job functions 
specified in Sec. 121.1001(a).
    (c) Each certificate holder's hazardous materials training program 
must be approved by the FAA prior to implementation.



Sec. 121.1005  Hazardous materials training required.

    (a) Training requirement. Except as provided in paragraphs (b), (c) 
and (f) of this section, no certificate holder may use any crewmember 
orperson to perform any of the job functions or direct supervisory 
responsibilities, and no person may perform any of the job functions or 
direct supervisory responsibilities, specified in Sec. 121.1001(a) 
unless that person has satisfactorily completed the certificate holder's 
FAA-approved initial or recurrent hazardous materials training program 
within the past 24 months.
    (b) New hire or new job function. A person who is a new hire and has 
not yet satisfactorily completed the required initial hazardous 
materials training, or a person who is changing job functions and has 
not received initial or recurrent training for a job function involving 
storage incidental to transport, or loading of items for transport on an

[[Page 205]]

aircraft, may perform those job functions for not more than 30 days from 
the date of hire or a change in job function, if the person is under the 
direct visual supervision of a person who is authorized by the 
certificate holder to supervise that person and who has successfully 
completed the certificate holder's FAA-approved initial or recurrent 
training program within the past 24 months.
    (c) Persons who work for more than one certificate holder. A 
certificate holder that uses or assigns a person to perform or directly 
supervise a job function specified in Sec. 121.1001(a), when that 
person also performs or directly supervises the same job function for 
another certificate holder, need only train that person in its own 
policies and procedures regarding those job functions, if all of the 
following are met:
    (1) The certificate holder using this exception receives written 
verification from the person designated to hold the training records 
representing the other certificate holder that the person has 
satisfactorily completed hazardous materials training for the specific 
job function under the other certificate holder's FAA approved hazardous 
material training program under Appendix O of this part; and
    (2) The certificate holder who trained the person has the same 
operations specifications regarding the acceptance, handling, and 
transport of hazardous materials as the certificate holder using this 
exception.
    (d) Recurrent hazardous materials training--Completion date. A 
person who satisfactorily completes recurrent hazardous materials 
training in the calendar month before, or the calendar month after, the 
month in which the recurrent training is due, is considered to have 
taken that training during the month in which it is due. If the person 
completes this training earlier than the month before it is due, the 
month of the completion date becomes his or her new anniversary month.
    (e) Repair stations. A certificate holder must ensure that each 
repair station performing work for, or on the certificate holder's 
behalf is notified in writing of the certificate holder's policies and 
operations specification authorization permitting or prohibition against 
the acceptance, rejection, handling, storage incidental to transport, 
and transportation of hazardous materials, including company material. 
This notification requirement applies only to repair stations that are 
regulated by 49 CFR parts 171 through 180.
    (f) Certificate holders operating at foreign locations. This 
exception applies if a certificate holder operating at a foreign 
location where the country requires the certificate holder to use 
persons working in that country to load aircraft. In such a case, the 
certificate holder may use those persons even if they have not been 
trained in accordance with the certificate holder's FAA approved 
hazardous materials training program. Those persons, however, must be 
under the direct visual supervision of someone who has successfully 
completed the certificate holder's approved initial or recurrent 
hazardous materials training program in accordance with this part. This 
exception applies only to those persons who load aircraft.



Sec. 121.1007  Hazardous materials training records.

    (a) General requirement. Each certificate holder must maintain a 
record of all training required by this part received within the 
preceding three years for each person who performs or directly 
supervises a job function specified in Sec. 121.1001(a). The record 
must be maintained during the time that the person performs or directly 
supervises any of those job functions, and for 90 days thereafter. These 
training records must be kept for direct employees of the certificate 
holder, as well as independent contractors, subcontractors, and any 
other person who performs or directly supervises these job functions for 
or on behalf of the certificate holder.
    (b) Location of records. The certificate holder must retain the 
training records required by paragraph (a) of this section for all 
initial and recurrent training received within the preceding 3 years for 
all persons performing or directly supervising the job functions listed 
in Appendix O at a designated location. The records must be available 
upon request at the location where the

[[Page 206]]

trained person performs or directly supervises the job function 
specified in Sec. 121.1001(a). Records may be maintained electronically 
and provided on location electronically. When the person ceases to 
perform or directly supervise a hazardous materials job function, the 
certificate holder must retain the hazardous materials training records 
for an additional 90 days and make them available upon request at the 
last location where the person worked.
    (c) Content of records. Each record must contain the following:
    (1) The individual's name;
    (2) The most recent training completion date;
    (3) A description, copy or reference to training materials used to 
meet the training requirement;
    (4) The name and address of the organization providing the training; 
and
    (5) A copy of the certification issued when the individual was 
trained, which shows that a test has been completed satisfactorily.
    (d) New hire or new job function. Each certificate holder using a 
person under the exception in Sec. 121.1005(b) must maintain a record 
for that person. The records must be available upon request at the 
location where the trained person performs or directly supervises the 
job function specified in Sec. 121.1001(a). Records may be maintained 
electronically and provided on location electronically. The record must 
include the following:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned job function;
    (4) The name of the supervisor of the job function; and
    (5) The date the person is to complete hazardous materials training 
in accordance with appendix O of this part.



       Subpart AA_Continued Airworthiness and Safety Improvements

    Source: Amdt. 121-336, 72 FR 63411, Nov. 8, 2007, unless otherwise 
noted.



Sec. 121.1101  Purpose and definition.

    (a) This subpart requires persons holding an air carrier or 
operating certificate under part 119 of this chapter to support the 
continued airworthiness of each airplane. These requirements may 
include, but are not limited to, revising the maintenance program, 
incorporating design changes, and incorporating revisions to 
Instructions for Continued Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is 
the aircraft certification office or office of the Transport Airplane 
Directorate with oversight responsibility for the relevant type 
certificate or supplemental type certificate, as determined by the 
Administrator.



Sec. 121.1103  [Reserved]



Sec. 121.1105  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

[[Page 207]]

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 time in service 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 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;
    (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, as amended by Amdt. 
121-284, 70 FR 5532, Feb. 2, 2005; Amdt. 121-310, 70 FR 23936, May 6, 
2005. Redesignated by Amdt. 121-336, 72 FR 63412, Nov. 8, 2007]



Sec. 121.1107  Repairs assessment for pressurized fuselages.

    (a) No certificate holder may operate an Airbus Model A300 
(excluding the -600 series), British Aerospace Model 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.

[[Page 208]]

    (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) [Reserved]

[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. 121-305, 
69 FR 45942, July 30, 2004. Redesignated and amended by Amdt. 121-336, 
72 FR 63412, Nov. 8, 2007]



Sec. 121.1109  Supplemental inspections.

    (a) Applicability. Except as specified in paragraph (b) of this 
section, this section applies to transport category, turbine powered 
airplanes with a type certificate issued after January 1, 1958, that as 
a result of original type certification or later increase in capacity 
have--
    (1) A maximum type certificated passenger seating capacity of 30 or 
more; or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) Exception. This section does not apply to an airplane operated 
by a certificate holder under this part between any point within the 
State of Alaska and any other point within the State of Alaska.
    (c) General requirements. After December 20, 2010, a certificate 
holder may not operate an airplane under this part unless the following 
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance program 
for the airplane includes FAA-approved damage-tolerance-based 
inspections and procedures for airplane structure susceptible to fatigue 
cracking that could contribute to a catastrophic failure. For the 
purpose of this section, this structure is termed ``fatigue critical 
structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The 
maintenance program for the airplane includes a means for addressing the 
adverse effects repairs, alterations, and modifications may have on 
fatigue critical structure and on inspections required by paragraph 
(c)(1) of this section. The means for addressing these adverse effects 
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the 
maintenance program required by paragraphs (c)(1) and (c)(2) of this 
section, and any later revisions to these changes, must be submitted to 
the Principal Maintenance Inspector for review and approval.

[Doc. No. FAA-1999-5401, 70 FR 5532, Feb. 2, 2005. Redesignated by Amdt. 
121-336, 72 FR 63412, Nov. 8, 2007; Amdt. 121-337, 72 FR 70508, Dec. 12, 
2007]



Sec. 121.1111  Electrical wiring interconnection systems (EWIS) maintenance 

program.

    (a) Except as provided in paragraph (f) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) After March 10, 2011, no certificate holder may operate an 
airplane identified in paragraph (a) of this section unless the 
maintenance program for that airplane includes inspections and 
procedures for electrical wiring interconnection systems (EWIS).
    (c) The proposed EWIS maintenance program changes must be based on

[[Page 209]]

EWIS Instructions for Continued Airworthiness (ICA) that have been 
developed in accordance with the provisions of Appendix H of part 25 of 
this chapter applicable to each affected airplane (including those ICA 
developed for supplemental type certificates installed on each airplane) 
and that have been approved by the FAA Oversight Office.
    (1) For airplanes subject to Sec. 26.11 of this chapter, the EWIS 
ICA must comply with paragraphs H25.5(a)(1) and (b).
    (2) For airplanes subject to Sec. 25.1729 of this chapter, the EWIS 
ICA must comply with paragraph H25.4 and all of paragraph H25.5.
    (d) After March 10, 2011, before returning an airplane to service 
after any alterations for which EWIS ICA are developed, the certificate 
holder must include in the airplane's maintenance program inspections 
and procedures for EWIS based on those ICA.
    (e) The EWIS maintenance program changes identified in paragraphs 
(c) and (d) of this section and any later EWIS revisions must be 
submitted to the Principal Inspector for review and approval.
    (f) This section does not apply to the following airplane models:

(1) Lockheed L-188
(2) Bombardier CL-44
(3) Mitsubishi YS-11
(4) British Aerospace BAC 1-11
(5) Concorde
(6) deHavilland D.H. 106 Comet 4C
(7) VFW-Vereinigte Flugtechnische Werk VFW-614
(8) Illyushin Aviation IL 96T
(9) Bristol Aircraft Britannia 305
(10) Handley Page Herald Type 300
(11) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(12) Airbus Caravelle
(13) Lockheed L-300



Sec. 121.1113  Fuel tank system maintenance program.

    (a) Except as provided in paragraph (g) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) For each airplane on which an auxiliary fuel tank is installed 
under a field approval, before June 16, 2008, the certificate holder 
must submit to the FAA Oversight Office proposed maintenance 
instructions for the tank that meet the requirements of Special Federal 
Aviation Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no certificate holder may operate an 
airplane identified in paragraph (a) of this section unless the 
maintenance program for that airplane has been revised to include 
applicable inspections, procedures, and limitations for fuel tanks 
systems.
    (d) The proposed fuel tank system maintenance program revisions must 
be based on fuel tank system Instructions for Continued Airworthiness 
(ICA) that have been developed in accordance with the applicable 
provisions of SFAR 88 of this chapter or Sec. 25.1529 and part 25, 
Appendix H, of this chapter, in effect on June 6, 2001 (including those 
developed for auxiliary fuel tanks, if any, installed under supplemental 
type certificates or other design approval) and that have been approved 
by the FAA Oversight Office.
    (e) After December 16, 2008, before returning an aircraft to service 
after any alteration for which fuel tank ICA are developed under SFAR 88 
or under Sec. 25.1529 in effect on June 6, 2001, the certificate holder 
must include in the maintenance program for the airplane inspections and 
procedures for the fuel tank system based on those ICA.
    (f) The fuel tank system maintenance program changes identified in 
paragraphs (d) and (e) of this section and any later fuel tank system 
revisions must be submitted to the Principal Inspector for review and 
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300

[[Page 210]]

(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300



Sec. 121.1117  Flammability reduction means.

    (a) Applicability. Except as provided in paragraph (o) of this 
section, this section applies to transport category, turbine-powered 
airplanes with a type certificate issued after January 1, 1958, that, as 
a result of original type certification or later increase in capacity 
have:
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) New Production Airplanes. Except in accordance with Sec. 
121.628, no certificate holder may operate an airplane identified in 
Table 1 of this section (including all-cargo airplanes) for which the 
State of Manufacture issued the original certificate of airworthiness or 
export airworthiness approval after September 20, 2010 unless an 
Ignition Mitigation Means (IMM) or Flammability Reduction Means (FRM) 
meeting the requirements of Sec. 26.33 of this chapter is operational.

                                 Table 1
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A330, A340 Series
777 Series
767 Series
------------------------------------------------------------------------

    (c) Auxiliary Fuel Tanks. After the applicable date stated in 
paragraph (e) of this section, no certificate holder may operate any 
airplane subject to Sec. 26.33 of this chapter that has an Auxiliary 
Fuel Tank installed pursuant to a field approval, unless the following 
requirements are met:
    (1) The certificate holder complies with 14 CFR 26.35 by the 
applicable date stated in that section.
    (2) The certificate holder installs Flammability Impact Mitigation 
Means (FIMM), if applicable, that is approved by the FAA Oversight 
Office.
    (3) Except in accordance with Sec. 121.628, the FIMM, if 
applicable, is operational.
    (d) Retrofit. Except as provided in paragraphs (j), (k), and (l) of 
this section, after the dates specified in paragraph (e) of this 
section, no certificate holder may operate an airplane to which this 
section applies unless the requirements of paragraphs (d)(1) and (d)(2) 
of this section are met.
    (1) IMM, FRM or FIMM, if required by Sec. Sec. 26.33, 26.35, or 
26.37 of this chapter, that are approved by the FAA Oversight Office, 
are installed within the compliance times specified in paragraph (e) of 
this section.
    (2) Except in accordance with Sec. 121.628, the IMM, FRM or FIMM, 
as applicable, are operational.
    (e) Compliance Times. Except as provided in paragraphs (k) and (l) 
of this section, the installations required by paragraph (d) of this 
section must be accomplished no later than the applicable dates 
specified in paragraph (e)(1), (e)(2), or (e)(3) of this section.
    (1) Fifty percent of each certificate holder's fleet identified in 
paragraph (d)(1) of this section must be modified no later than 
September 19, 2014.
    (2) One hundred percent of each certificate holder's fleet 
identified in paragraph (d)(1) of this section must be modified no later 
than September 19, 2017.
    (3) For those certificate holders that have only one airplane of a 
model identified in Table 1 of this section, the airplane must be 
modified no later than September 19, 2017.
    (f) Compliance After Installation. Except in accordance with Sec. 
121.628, no certificate holder may--
    (1) Operate an airplane on which IMM or FRM has been installed 
before the dates specified in paragraph (e) of this section unless the 
IMM or FRM is operational, or
    (2) Deactivate or remove an IMM or FRM once installed unless it is 
replaced by a means that complies with paragraph (d) of this section.
    (g) Maintenance Program Revisions. No certificate holder may operate 
an airplane for which airworthiness limitations have been approved by 
the FAA Oversight Office in accordance with Sec. Sec. 26.33, 26.35, or 
26.37 of this chapter after the airplane is modified in accordance with 
paragraph (d) of this section unless the maintenance program

[[Page 211]]

for that airplane is revised to include those applicable airworthiness 
limitations.
    (h) After the maintenance program is revised as required by 
paragraph (g) of this section, before returning an airplane to service 
after any alteration for which airworthiness limitations are required by 
Sec. Sec. 25.981, 26.33, or 26.37 of this chapter, the certificate 
holder must revise the maintenance program for the airplane to include 
those airworthiness limitations.
    (i) The maintenance program changes identified in paragraphs (g) and 
(h) of this section must be submitted to the operator's Principal 
Maintenance Inspector responsible for review and approval prior to 
incorporation.
    (j) The requirements of paragraph (d) of this section do not apply 
to airplanes operated in all-cargo service, but those airplanes are 
subject to paragraph (f) of this section.
    (k) The compliance dates specified in paragraph (e) of this section 
may be extended by one year, provided that--
    (1) No later than December 18, 2008, the certificate holder notifies 
its assigned Flight Standards Office or Principal Inspector that it 
intends to comply with this paragraph;
    (2) No later than March 18, 2009, the certificate holder applies for 
an amendment to its operations specification in accordance with Sec. 
119.51 of this chapter and revises the manual required by Sec. 121.133 
to include a requirement for the airplane models specified in Table 2 of 
this section to use ground air conditioning systems for actual gate 
times of more than 30 minutes, when available at the gate and 
operational, whenever the ambient temperature exceeds 60 degrees 
Fahrenheit; and
    (3) Thereafter, the certificate holder uses ground air conditioning 
systems as described in paragraph (k)(2) of this section on each 
airplane subject to the extension.

                                 Table 2
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A300, A310 Series
777 Series                               A330, A340 Series
767 Series
757 Series
------------------------------------------------------------------------

    (l) For any certificate holder for which the operating certificate 
is issued after September 19, 2008, the compliance date specified in 
paragraph (e) of this section may be extended by one year, provided that 
the certificate holder meets the requirements of paragraph (k)(2) of 
this section when its initial operations specifications are issued and, 
thereafter, uses ground air conditioning systems as described in 
paragraph (k)(2) of this section on each airplane subject to the 
extension.
    (m) After the date by which any person is required by this section 
to modify 100 percent of the affected fleet, no certificate holder may 
operate in passenger service any airplane model specified in Table 2 of 
this section unless the airplane has been modified to comply with Sec. 
26.33(c) of this chapter.
    (n) No certificate holder may operate any airplane on which an 
auxiliary fuel tank is installed after September 19, 2017 unless the FAA 
has certified the tank as compliant with Sec. 25.981 of this chapter, 
in effect on September 19, 2008.
    (o) Exclusions. The requirements of this section do not apply to the 
following airplane models:
    (1) Convair CV-240, 340, 440, including turbine powered conversions.
    (2) Lockheed L-188 Electra.
    (3) Vickers Armstrong Viscount.
    (4) Douglas DC-3, including turbine powered conversions.
    (5) Bombardier CL-44.
    (6) Mitsubishi YS-11.
    (7) BAC 1-11.
    (8) Concorde.
    (9) deHavilland D.H. 106 Comet 4C.
    (10) VFW--Vereinigte Flugtechnische VFW-614.
    (11) Illyushin Aviation IL 96T.
    (12) Vickers Armstrong Viscount.
    (13) Bristol Aircraft Britannia 305.
    (14) Handley Page Handley Page Herald Type 300.
    (15) Avions Marcel Dassault--Breguet Aviation Mercure 100C.
    (16) Airbus Caravelle.
    (17) Fokker F-27/Fairchild Hiller FH-227.
    (18) Lockheed L-300.

[Doc. No. FAA-2005-22997, 73 FR 42501, July 21, 2008]

Subpart BB [Reserved]

[[Page 212]]



Sec. Sec. 121.1200-121.1399  [Reserved]

Subpart CC [Reserved]



Sec. Sec. 121.1400-121.1499  [Reserved]



 Sec. 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:

------------------------------------------------------------------------
                                                                 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        6
 required 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    1
 the 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           3
 pediatric, 1 small adult, 1 large adult or
 equivalent.
Self-inflating manual resuscitation device    1:3 masks
 with 3 masks (1 pediatric, 1 small adult, 1
 large adult or equivalent).
CPR mask (3 sizes), 1 pediatric, 1 small      3
 adult, 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     6
 sizes necessary to administer required
 medications).
Syringes (1-5 cc, 2-10 cc, or sizes           4
 necessary to administer required
 medications).
Analgesic, non-narcotic, tablets, 325 mg....  4
Antihistamine tablets, 25 mg................  4
Antihistamine injectable, 50 mg, (single      2
 dose ampule or equivalent).
Atropine, 0.5 mg, 5 cc (single dose ampule    2
 or equivalent).
Aspirin tablets, 325 mg.....................  4
Bronchodilator, inhaled (metered dose         1
 inhaler or equivalent).
Dextrose, 50%/50 cc injectable, (single dose  1
 ampule or equivalent).
Epinephrine 1:1000, 1 cc, injectable,         2
 (single dose ampule or equivalent).
Epinephrine 1:10,000, 2 cc, injectable,       2
 (single dose ampule or equivalent).
Lidocaine, 5 cc, 20 mg/ml, injectable         2
 (single dose ampule or equivalent).
Nitroglycerin tablets, 0.4 mg...............  10
Basic instructions for use of the drugs in    1
 the 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. After April 30, 2005:
    (a) Have a power source that meets FAA Technical Standard Order 
requirements for power sources for electronic devices used in

[[Page 213]]

aviation as approved by the Administrator; or
    (b) Have a power source that was manufactured before July 30, 2004, 
and been found by the FAA to be equivalent to a power source that meets 
the Technical Standard Order requirements of paragraph (a) of this 
section.
    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. 
121-280, 69 FR 19762, Apr. 14, 2004; Amdt. 121-309, 70 FR 15196, Mar. 
24, 2005]



   Sec. 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.................  ..................
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.

[[Page 214]]

 
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]



    Sec. Appendix C to Part 121--C-46 Nontransport Category Airplanes

                            Cargo Operations

    1. Required engines. (a) Except as provided in paragraph (b) of this 
section, the engines specified in subparagraphs (1) or (2) of this 
section must be installed in C-46 nontransport category airplanes 
operated at gross weights exceeding 45,000 pounds:
    (1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines 
converted from basic model R2800-51 or R2800-75 engines in accordance 
with FAA approved data) that--
    (i) Conform to Engine Specification 5E-8;
    (ii) Conform to the applicable portions of the operator's manual;
    (iii) Comply with all the applicable airworthiness directives; and
    (iv) Are equipped with high capacity oil pump drive gears in 
accordance with FAA approved data.
    (2) Other engines found acceptable by the FAA Regional Flight 
Standards Division having type certification responsibility for the C-46 
airplane.
    (b) Upon application by an operator conducting cargo operations with 
nontransport category C-46 airplanes between points within the State of 
Alaska, the appropriate FAA Flight Standards District Office, Alaskan 
Region, may authorize the operation of such airplanes, between points 
within the State of Alaska; without compliance with paragraph (a) of 
this section if the operator shows that, in its area of operation, 
installation of the modified engines is not necessary to provide 
adequate cooling for single-engine operations. Such authorization and 
any conditions or limitations therefor is made a part of the Operations 
Specifications of the operator.
    2. Minimum acceptable means of complying with the special 
airworthiness requirements. Unless otherwise authorized under Sec. 
121.213, the data set forth in sections 3 through 34 of this appendix, 
as correlated to the C-46 nontransport category airplane, is the minimum 
means of compliance with the special airworthiness requirements of 
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.

[[Page 215]]

    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:
    (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

[[Page 216]]

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 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,

[[Page 217]]

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
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

[[Page 218]]

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)

                                                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.)

[[Page 219]]



                                                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.)

                                                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.)

[[Page 220]]



                                                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 221]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.009


[[Page 222]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.010


[[Page 223]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.011


[[Page 224]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.012


[[Page 225]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.013


[[Page 226]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.014


[[Page 227]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.015


[[Page 228]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.016


[[Page 229]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.017


[[Page 230]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.018


[[Page 231]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.019


[[Page 232]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.020


[[Page 233]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.021


[[Page 234]]

[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 235]]



  Sec. 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 236]]

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]



        Sec. 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 237]]



                                                                                                                                              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 238]]

 
    (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.............  ...............

[[Page 239]]

 
  (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.............  ...............
    (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].

[[Page 240]]

 
  (j) Recovery from specific flight           ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   characteristics that are peculiar to the
   airplane type.
  (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.

[[Page 241]]

 
  (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.
    (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.
    (2) Other missed approaches.............  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU
    (3) Missed approaches that include a      ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU
     complete approved missed approach
     procedure.

[[Page 242]]

 
    (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.

[[Page 243]]

 
      (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.
  (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 244]]



       Sec. 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 245]]

 
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 246]]

 
    (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 247]]

 
    (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 248]]

 
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 249]]



   Sec. 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) or Doppler 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 250]]

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]



            Sec. Appendix H to Part 121--Advanced Simulation

    This appendix provides guidelines and a means for achieving 
flightcrew training in advanced airplane simulators. The requirements in 
this appendix are in addition to the simulator approval requirements in 
Sec. 121.407. Each simulator used under this appendix must be approved 
as a Level B, C, or D simulator, as appropriate.

                  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 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.

[[Page 251]]

The advanced simulation training program must 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 must 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 must consist of at least a 4-hour course of training for each 
flightcrew. It also must contain at least two representative flight 
segments of the operator's route. One of the flight segments must 
contain strictly normal operating procedures from push back at one 
airport to arrival at another. Another flight segment must contain 
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).

                                 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 of this chapter.
    2. Upgrade to pilot-in-command training and the certification check 
when the pilot--
    a. Has previously qualified as second in command in the equipment to 
which the pilot is upgrading;
    b. Has at least 500 hours of actual flight time while serving as 
second in command in an airplane of the same group; and
    c. Is currently serving as second in command in an airplane in this 
same group.
    3. Initial pilot-in-command training and the certification check 
when the pilot--
    a. Is currently serving as second in command in an airplane of the 
same group;
    b. Has a minimum of 2,500 flight hours as second in command in an 
airplane of the same group; and
    c. Has served as second in command on at least two airplanes of the 
same group.
    4. For all second-in-command pilot applicants who meet the 
aeronautical experience requirements of Sec. 61.159 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.

                                 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, the static airplane requirements of appendix 
E of this part, and the operating experience requirements of Sec. 
121.434 must still be performed in the airplane.

[Doc. No. FAA-2002-12461, 71 FR 63640, Oct. 30, 2006]



            Sec. 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

[[Page 252]]

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 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 119 certificate holder with authority to operate 
under parts 121 and/or 135, an operator as defined in Sec. 91.147 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 an employee engages in conduct 
including but not limited to that described 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.

[[Page 253]]

    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 
(including by subcontract at any tier) 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 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

[[Page 254]]

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 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.

[[Page 255]]

    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.
    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 2 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. Notification must be 
sent to: Federal Aviation Administration, Office of Aerospace Medicine, 
Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., 
Washington, DC 20591, or by fax to (202) 267-5200.
    2. [Reserved]
    E. Permanent Disqualification From Service. An employee who has 
verified positive drug

[[Page 256]]

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 or refusal 
to submit to a test, the MRO must ask and the individual must answer 
whether he or she holds an airman medical certificate issued under 14 
CFR part 67 or would be required to hold an airman medical certificate 
to perform a safety-sensitive function for the employer. 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 
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 2 working days after verifying a 
positive drug test result or refusal to submit to a test.
    2. During the SAP interview required for a verified positive test 
result or a refusal to submit to a test, the SAP must ask and the 
individual must answer whether he or she holds or would be required to 
hold an airman 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 individual must obtain an 
airman medical certificate issued by the Federal Air Surgeon dated after 
the verified positive drug test result date or refusal to test date. 
After the individual obtains this airman medical certificate, the SAP 
may recommend to the employer that the individual may be returned to a 
safety-sensitive position. The receipt of an airman medical certificate 
does not alter any obligations otherwise required by 49 CFR part 40 or 
this appendix.
    3. An employer must forward to the Federal Air Surgeon within 2 
working days of receipt, copies of all reports provided to the employer 
by a SAP regarding the following:
    (a) An individual who the MRO has reported to the Federal Air 
Surgeon under section VII.C.1 of this appendix; or
    (b) An individual who the employer has reported to the Federal Air 
Surgeon under section VI.D of this appendix.
    4. The employer must not permit an employee who is required to hold 
an airman medical certificate under 14 CFR part 67 to perform a safety-
sensitive duty to resume that duty until the employee has:
    (a) Been issued an airman medical certificate from the Federal Air 
Surgeon after the date of the verified positive drug test result or 
refusal to test; and
    (b) Met 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.
    6. MROs, SAPs, and employers who send reports to the Federal Air 
Surgeon must keep a copy of each report for 5 years.
    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

[[Page 257]]

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 119 certificate holder with  Obtain an Antidrug and Alcohol
 authority to operate under parts 121   Misuse Prevention Program
 and/or 135.                            Operations Specification by
                                        contacting your FAA Principal
                                        Operations Inspector.
2. An operator as defined in Sec.     Register with the FAA by
 91.147 of this chapter.                contacting the Flight Standards
                                        District Office nearest to your
                                        principal place of business.
3. An air traffic control facility     Register with the FAA, Office of
 not operated by the FAA or by or       Aerospace Medicine, Drug
 under contract to the U.S. Military.   Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591.
4. A part 145 certificate holder who   Obtain an Antidrug and Alcohol
 has your own antidrug program.         Misuse Prevention Program
                                        Operations Specification by
                                        contacting your Principal
                                        Maintenance Inspector or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own antidrug
                                        program.
5. A contractor who has your own       Register with the FAA, Office of
 antidrug program.                      Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own antidrug
                                        program.
------------------------------------------------------------------------

    B. Use the following chart for implementing an antidrug program if 
you are applying for a part 119 certificate with authority to operate 
under parts 121 or 135, if you intend to begin operations as defined in 
Sec. 91.147 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 119 certificate    a. Have an Antidrug and Alcohol
 with authority to operate under        Misuse Prevention Program
 parts 121 or 135.                      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 operations as       a. Register with the FAA by
 defined in Sec.  91.147 of this       contacting the Flight Standards
 chapter.                               District Office nearest to your
                                        principal place of business
                                        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         a. Register with the FAA, Office
 control operations (at an air          of Aerospace Medicine, Drug
 traffic control facility not           Abatement Division (AAM-800),
 operated by the FAA or by or under     800 Independence Avenue, SW.,
 contract to the U.S. Military).        Washington, DC 20591,
                                       b. Implement an FAA antidrug
                                        program no later than the date
                                        you start operations, and

[[Page 258]]

 
                                       c. Meet the requirements of this
                                        appendix.
------------------------------------------------------------------------

    C. If you are an individual or company that intends to provide 
safety-sensitive services by contract to a part 119 certificate holder 
with authority to operate under parts 121 and/or 135, an operation as 
defined in Sec. 91.147 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 below to determine what you must do if you opt 
to have your own antidrug program:

------------------------------------------------------------------------
                                        And you opt to conduct your own
             If you . . .               antidrug program, you must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder.
                                       i. Have an Antidrug and Alcohol
                                        Misuse Prevention Program
                                        Operations Specification or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Antidrug
                                        Program no later than the date
                                        you start performing safety-
                                        sensitive functions for a part
                                        119 certificate holder with
                                        authority to operate under parts
                                        121 or 135, or operator as
                                        defined in Sec.  91.147 of this
                                        chapter, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.
b. Are a contractor..................
                                       i. Register with the FAA, Office
                                        of Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Antidrug
                                        Program no later than the date
                                        you start performing safety-
                                        sensitive functions for a part
                                        119 certificate holder with
                                        authority to operate under parts
                                        121 or 135, an operator as
                                        defined in Sec.  91.147 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 119 certificate holders with 
authority to operate only under part 121 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 
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 119 certificate holder with authority to operate 
under part 121 and/or part 135, an operator as defined in Sec. 91.147 
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 appropriate address below:
    a. For Sec. 91.147 operators: the Flight Standards District Office 
nearest to your principal place of business.
    b. For all others: The Federal Aviation Administration, Office of 
Aerospace Medicine,

[[Page 259]]

Drug Abatement Division (AAM-800), 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.
    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]

    Editorial Note: For Federal Register citations affecting appendix I 
of part 121, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



     Sec. 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

[[Page 260]]

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 119 certificate holder with authority to 
operate under parts 121 and/or 135; an operator as defined in Sec. 
91.147 of this chapter; or an air traffic control facility not operated 
by the FAA or by or under contract to the U.S. Military.
    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 has engaged in 
conduct including but not limited to that described in 49 CFR 40.261, or 
has failed to remain readily available for post-accident testing as 
required by this appendix.
    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:
    (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.

[[Page 261]]

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 (including by subcontract at any 
tier) 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 includes full-time, part-time, 
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.
    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

[[Page 262]]

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 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

[[Page 263]]

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 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

[[Page 264]]

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 refusals 
to submit to testing and 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.
    (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.

[[Page 265]]

    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 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 an airman medical 
certificate in order to perform a safety-sensitive duty may perform that 
duty following a violation of this appendix until the covered employee 
obtains an airman medical certificate issued by the Federal Air Surgeon 
dated after the alcohol test result or refusal to test date. After the 
covered employee obtains this airman medical certificate, the SAP may 
recommend to the employer that the covered employee may be returned to a 
safety-sensitive position. The receipt of an airman medical certificate 
does not alter any obligations otherwise required by 49 CFR part 40 or 
this appendix.
    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. Each covered employer must notify the FAA within 2 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 an alcohol test 
required under this appendix. Notification must be sent to: Federal 
Aviation Administration, Office of Aerospace Medicine, Drug Abatement 
Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591 
or by fax to (202) 267-5200.
    2. [Reserved]

[[Page 266]]

                   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.
    (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.

[[Page 267]]

              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 119 certificate holder with  Obtain an Antidrug and Alcohol
 authority to operate under parts 121   Misuse Prevention Program
 and/or 135.                            Operations Specification by
                                        contacting your FAA Principal
                                        Operations Inspector.
2. An operator as defined in Sec.     Register with the FAA by
 91.147.                                contacting the Flight Standards
                                        District Office nearest to your
                                        principal place of business.
3. An air traffic control facility     Register with the FAA, Office of
 not operated by the FAA or by or       Aerospace Medicine, Drug
 under contract to the U.S. Military.   Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591.
4. A part 145 certificate holder who   Obtain an Antidrug and Alcohol
 has your own alcohol misuse            Misuse Prevention Program
 prevention program.                    Operations Specification by
                                        contacting your FAA Principal
                                        Maintenance Inspector or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own Alcohol
                                        Misuse Prevention Program.
5. A contractor who has your own       Register with the FAA, Office of
 alcohol misuse prevention program.     Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591 if you opt
                                        to conduct your own Alcohol
                                        Misuse Prevention Program.
------------------------------------------------------------------------

    B. Use the following chart for implementing an Alcohol Misuse 
Prevention Program if you are applying for a part 119 certificate with 
authority to operate under parts 121 and/or 135, if you intend to begin 
operations as defined in Sec. 91.147 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 119 certificate    a. Have an Antidrug and Alcohol
 with authority to operate under        Misuse Prevention Program
 parts 121 and/or 135.                  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 operations as       a. Register with the FAA by
 defined in Sec.  91.147 of this       contacting the Flight Standards
 chapter.                               District Office nearest to your
                                        principal place of business
                                        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.
3. Intend to begin air traffic         a. Register with the FAA, Office
 control operations (at an air          of Aerospace Medicine, Drug
 traffic control facility not           Abatement Division (AAM-800),
 operated by the FAA or by or under     800 Independence Avenue, SW.,
 contract to the U.S. Military).        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. If you are an individual or a company that intends to provide 
safety-sensitive services by contract to a part 119 certificate holder 
with authority to operate under parts 121 and/or 135 or an operator as 
defined in Sec. 91.147 of this chapter, use the chart below to 
determine what you must do if you opt to have your own Alcohol Misuse 
Prevention Program:

------------------------------------------------------------------------
                                        And you opt to conduct your own
             If you . . .                  Alcohol Misuse Prevention
                                            Program, you must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder.  i. Have an Antidrug and Alcohol
                                        Misuse Prevention Program
                                        Operations Specification or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,

[[Page 268]]

 
                                       ii. Implement an FAA Alcohol
                                        Misuse Prevention Program no
                                        later than the date you start
                                        performing safety-sensitive
                                        functions for a part 119
                                        certificate holder with
                                        authority to operate under parts
                                        121 and/or 135, or operator as
                                        defined in Sec.  91.147 of this
                                        chapter, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.
b. Are a contractor..................  i. Register with the FAA, Office
                                        of Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        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 119
                                        certificate holder with
                                        authority to operate under parts
                                        121 and/or 135, or operator as
                                        defined in Sec.  91.147 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 119 certificate holders with authority to 
operate only under part 121 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 119 certificate holder with authority to operate 
under part 121 and/or 135, an operator as defined by Sec. 91.147 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 appropriate address below:
    a. For Sec. 91.147 operators: The Flight Standards District Office 
nearest to your principal place of business.
    b. For all others: The Federal Aviation Administration, Office of 
Aerospace Medicine, Drug Abatement Division (AAM-800), 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 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-

[[Page 269]]

sensitive function by contract for an employer outside the territory of 
the United States.

[Amdt. 121-237, 59 FR 7390, Feb. 15, 1994]

    Editorial Note: For Federal Register citations affecting appendix J 
of part 121, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    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.



   Sec. 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 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.

[[Page 270]]

    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]



    Sec. 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.
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.

[[Page 271]]

 
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]



  Sec. 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.....    4....................  1 sec................  UTC time preferred
 counts.\1\                                                   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.
                                                                                      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).
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''.

[[Page 272]]

 
11. Longitudinal Acceleration......  1g.                  eq>1.5% max. range
                                                              excluding datum error
                                                              of 5%.
12a. Pitch control(s) position       Full Range............    0.5 or 0.25 for        0.5% of full range...  For airplanes that
 (nonfly-by-wire systems).\18\                                2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control breakaway
                                                              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............    0.5 or 0.25 for        0.2% of full range...
 by-wire systems). \3\ \18\                                   2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               121.344(f).
13a. Lateral control position(s)     Full Range............    0.5 or 0.25 for        0.2% of full range...  For airplanes that
 (nonfly-by-wire). \18\                                       2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control breakaway
                                                              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............    0.5 or 0.25 for        0.2% of full range...
 (fly-by-wire). \4\ \18\                                      2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               121.344(f).
14a. Yaw control position(s)         Full Range............    0.5..................  0.3% of full range...  For airplanes that
 (nonfly-by-wire). \5\ \18\                                   2[deg] unless higher                                                  have a flight
                                                              accuracy uniquely                                                     control breakaway
                                                              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............    0.5..................  0.2% of full range...
 by-wire). \18\                                               2[deg] unless higher
                                                              accuracy uniquely
                                                              required.
15. Pitch control surface(s)         Full Range............    0.5 or 0.25 for        0.3% of full range...  For airplanes fitted
 position. \6\ \18\                                           2[deg] unless higher    airplanes operated                            with multiple or
                                                              accuracy uniquely       under Sec.                                   split surfaces, a
                                                              required.               121.344(f).                                   suitable combination
                                                                                                                                    of inputs is
                                                                                                                                    acceptable in lieu
                                                                                                                                    of recording each
                                                                                                                                    surface separately.
                                                                                                                                    The control surfaces
                                                                                                                                    may be sampled
                                                                                                                                    alternately once per
                                                                                                                                    second to produce
                                                                                                                                    the sampling
                                                                                                                                    interval of 0.5 or
                                                                                                                                    0.25, as applicable.
16. Lateral control surface(s)       Full Range............    0.5 or 0.25 for        0.3% of full range...  A suitable
 position. \7\ \18\                                           2[deg] unless higher    airplanes operated                            combination of
                                                              accuracy uniquely       under Sec.                                   surface position
                                                              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, as applicable.

[[Page 273]]

 
17. Yaw control surface(s)           Full Range............    0.5..................  0.2% of full range...  For airplanes with
 position. \8\ \18\                                           2[deg] unless higher                                                  multiple or split
                                                              accuracy uniquely                                                     surfaces, a suitable
                                                              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 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.
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.

[[Page 274]]

 
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''.
42. Throttle/power Leverl            Full Range............  2%.                                                                non-mechanically
                                                                                                                                    linked cockpit
                                                                                                                                    engine controls.

[[Page 275]]

 
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.
63. Engine warning each engine over  Discrete..............  ......................  1
 temp.

[[Page 276]]

 
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.
84. Cockpit trim control input       Full range............  5%.                                                                means for control
                                                                                                                                    input are not
                                                                                                                                    available, cockpit
                                                                                                                                    display trim
                                                                                                                                    positions should be
                                                                                                                                    recorded.

[[Page 277]]

 
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        1....................  0.3% of full range...  For fly-by-wire
 input forces (control wheel,         wheel  70 lbs.                                                                               systems, where
                                      Control column  85                                                                           surface position is
                                      lbs. Rudder pedal                                                                             a function of the
                                       165 lbs.                                                                                  control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    breakaway 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%.
\18\ For all aircraft manufactured on or after April 7, 2010, the seconds per sampling interval is 0.125. Each input must be recorded at this rate.
  Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.


[Doc. No. 28109, 62 FR 38382, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 121-271, 64 FR 46120, Aug. 24, 1999; Amdt. 
121-278, 65 FR 51745, Aug. 24, 2000; 65 FR 81733, Dec. 27, 2000; Amdt. 
121-292, 67 FR 54323, Aug. 21, 2002; Amdt. 121-300, 68 FR 42936, July 
18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; 70 FR 
41134, July 18, 2005; Amdt. 125-54, 73 FR 12566, Mar. 7, 2008; Amdt. 
121-338, 73 FR 12566, Mar. 7, 2008]

    Effective Date Note: At 73 FR 73179, Dec. 2, 2008, appendix M to 
part 121 was amended by revising item 88 and adding items 89 through 91 
and footnote 19, effective Feb. 2, 2009. For the convenience of the 
user, the added and revised text is set forth as follows:

[[Page 278]]



  Sec. Appendix M to Part 121--Airplane Flight Recorder Specifications

                                * * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Seconds
                                                     Accuracy          per
          Parameter                  Range        (sensor input)    sampling      Resolution         Remarks
                                                                    interval
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
88. All cockpit flight         Full range......  5%.                    range.            flight control
 (control wheel, control        70 lbs.                                                    flight control
 19\.                          Control column                                                     surface
                                85 lbs.                                                    function of
                               Rudder pedal                                                       the
                                165 lbs.                                                   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.
89. Yaw damper status........  Discrete (on/     0.5.............
                                off).
90. Yaw damper command.......  Full range......  As installed....         0.5  1% of full range
91. Standby rudder valve       Discrete........  0.5 ............
 status.
----------------------------------------------------------------------------------------------------------------
\18\ For all aircraft manufactured on or after April 7, 2010, the seconds per sampling interval is 0.125. Each
  input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval
  is prohibited.
\19\ For 737 model airplanes manufactured between August 19, 2000 and April 6, 2010: the seconds per sampling
  interval is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control
  wheel force transducer installed on the left cable control is acceptable provided the left and right control
  wheel positions also are recorded.



                 Sec. Appendix N to Part 121 [Reserved]



 Sec. Appendix O to Part 121--Hazardous Materials Training Requirements 
                         For Certificate Holders

    This appendix prescribes the requirements for hazardous materials 
training under part 121, subpart Z, and part 135, subpart K of this 
chapter. The training requirements for various categories of persons are 
defined by job function or responsibility. An ``X'' in a box under a 
category of persons indicates that the specified category must receive 
the noted training. All training requirements apply to direct 
supervisors as well as to persons actually performing the job function. 
Training requirements for certificate holders authorized in their 
operations specifications to transport hazardous materials (will-carry) 
are prescribed in Table 1. Those certificate holders with a prohibition 
in their operations specifications against carrying or handling 
hazardous materials (will-not-carry) must follow the curriculum 
prescribed in Table 2. The method of delivering the training will be 
determined by the certificate holder. The certificate holder is 
responsible for providing a method (may include email, 
telecommunication, etc.) to answer all questions prior to testing 
regardless of the method of instruction. The certificate holder must 
certify that a test has been completed satisfactorily to verify 
understanding of the regulations and requirements.

[[Page 279]]



                                  Table 1--Operators That Transport Hazardous Material--Will-Carry Certificate Holders
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Operators and
                                                                      Operators and   ground-handling
                                                                     ground-handling    agents staff
                                                                      agent's staff   responsible for                     Flight crew      Crew members
Aspects of transport of hazardous materials by air   Shippers  (See     accepting      the handling,      Passenger-      members and      (other than
  with which they must be familiar, as a minimum     Note 2)  Will-     hazardous       storage, and    handling staff   load planners     flight crew
                   (See note 1)                          carry       materials  (See     loading of       Will-carry       Will-carry    members)  Will-
                                                                      Note 3)  Will-     cargo and                                            carry
                                                                          carry        baggage  Will-
                                                                                           carry
--------------------------------------------------------------------------------------------------------------------------------------------------------
General philosophy................................               X                X                X                X                X                X
Limitations.......................................               X                X                X                X                X                X
General requirements for shippers.................               X                X   ...............  ...............  ...............  ...............
Classification....................................               X                X   ...............  ...............  ...............  ...............
List of hazardous materials.......................               X                X   ...............  ...............               X   ...............
General packing requirements......................               X                X   ...............  ...............  ...............  ...............
Labeling and marking..............................               X                X                X                X                X                X
Hazardous materials transport document and other                 X                X   ...............  ...............  ...............  ...............
 relevant documentation...........................
Acceptance procedures.............................  ...............               X   ...............  ...............  ...............  ...............
Recognition of undeclared hazardous materials.....               X                X                X                X                X                X
Storage and loading procedures....................  ...............               X                X   ...............               X   ...............
Pilots' notification..............................  ...............               X                X   ...............               X   ...............
Provisions for passengers and crew................  ...............               X                X                X                X                X
Emergency procedures..............................               X                X                X                X                X               X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1. Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in the table.
Note 2. When a person offers a consignment of hazmat, including COMAT, for or on behalf of the certificate holder, then the person must be trained in
  the certificate holder's training program and comply with shipper responsibilities and training. If offering goods on another certificate holder's
  equipment, the person must be trained in compliance with the training requirements in 49 CFR. All shippers of hazmat must be trained under 49 CFR. The
  shipper functions in 49 CFR mirror the training aspects that must be covered for any shipper offering hazmat for transport.
Note 3. When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff, such as the passenger
  handling staff accepting small parcel cargo, the certificate holder, its subsidy, or the agent must be trained in the certificate holder's training
  program and comply with the acceptance staff training requirements.


                            Table 2--Operators That Do Not Transport Hazardous Materials--Will-Not-Carry Certificate Holders
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Operators and
                                                                      Operators and   ground-handling
                                                                     ground-handling    agents staff
                                                                      agent's staff   responsible for                     Flight crew      Crew members
Aspects of transport of hazardous materials by air   Shippers  (See  accepting cargo   the handling,      Passenger-      members and      (other than
  with which they must be familiar, as a minimum     Note 2)  Will-     other than      storage, and    handling staff   load planners     flight crew
                   (See Note 1)                        not-carry        hazardous        loading of     Will-not-carry   Will-not-carry  members)  Will-
                                                                     materials  (See     cargo and                                          not-carry
                                                                      Note 3)  Will-   baggage  Will-
                                                                        not-carry        not-carry
--------------------------------------------------------------------------------------------------------------------------------------------------------
General philosophy................................               X                X                X                X                X                X
Limitations.......................................               X                X                X                X                X                X
General requirements for shippers.................               X   ...............  ...............  ...............  ...............  ...............
Classification....................................               X   ...............  ...............  ...............  ...............  ...............
List of hazardous materials.......................               X   ...............  ...............  ...............  ...............  ...............
General packing requirements......................               X   ...............  ...............  ...............  ...............  ...............
Labeling and marking..............................               X                X                X                X                X                X
Hazardous materials transport document and other                 X                X   ...............  ...............  ...............  ...............
 relevant documentation...........................
Acceptance procedures.............................  ...............  ...............  ...............  ...............  ...............  ...............

[[Page 280]]

 
Recognition of undeclared hazardous materials.....               X                X                X                X                X                X
Storage and loading procedures....................  ...............  ...............  ...............  ...............  ...............  ...............
Pilots' notification..............................  ...............  ...............  ...............  ...............  ...............  ...............
Provisions for passengers and Crew................  ...............               X                X                X                X                X
Emergency procedures..............................               X                X                X                X                X               X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1--Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in the table.
Note 2--When a person offers a consignment of hazmat, including COMAT, for air transport for or on behalf of the certificate holder, then that person
  must be properly trained. All shippers of hazmat must be trained under 49 CFR. The shipper functions in 49 CFR mirror the training aspects that must
  be covered for any shipper, including a will-not-carry certificate holder offering dangerous goods for transport, with the exception of recognition
  training. Recognition training is a separate FAA requirement in the certificate holder's training program.
Note 3--When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff, such as the passenger
  handling staff accepting small parcel cargo, the certificate holder, its subsidiary, or the agent must be trained in the certificate holder's training
  program and comply with the acceptance staff training requirements.


[Doc. No. FAA-2003-15085, 70 FR 58825, Oct. 7, 2005, as amended by Amdt. 
121-318, 70 FR 75396, Dec. 20, 2005]



Sec. Appendix P to Part 121--Requirements for ETOPS and Polar Operations

    The FAA approves ETOPS in accordance with the requirements and 
limitations in this appendix.
    Section I. ETOPS Approvals: Airplanes with Two engines.
    (a) Propulsion system reliability for ETOPS. (1) Before the FAA 
grants ETOPS operational approval, the operator must be able to 
demonstrate the ability to achieve and maintain the level of propulsion 
system reliability, if any, that is required by Sec. 21.4(b)(2) of this 
chapter for the ETOPS-approved airplane-engine combination to be used.
    (2) Following ETOPS operational approval, the operator must monitor 
the propulsion system reliability for the airplane-engine combination 
used in ETOPS, and take action as required by Sec. 121.374(i) for the 
specified IFSD rates.
    (b) 75 Minutes ETOPS--(1) Caribbean/Western Atlantic Area. The FAA 
grants approvals to conduct
    ETOPS with maximum diversion times up to 75 minutes on Western 
Atlantic/Caribbean area routes as follows:
    (i) The FAA reviews the airplane-engine combination to ensure the 
absence of factors that could prevent safe operations. The airplane-
engine combination need not be type-design-approved for ETOPS; however, 
it must have sufficient favorable experience to demonstrate to the 
Administrator a level of reliability appropriate for 75-minute ETOPS.
    (ii) The certificate holder must comply with the requirements of 
Sec. 121.633 for time-limited system planning.
    (iii) The certificate holder must operate in accordance with the 
ETOPS authority as contained in its operations specifications.
    (iv) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374, except that a pre-departure service check 
before departure of the return flight is not required.
    (2) Other Areas. The FAA grants approvals to conduct ETOPS with 
maximum diversion times up to 75 minutes on other than Western Atlantic/
Caribbean area routes as follows:
    (i) The FAA reviews the airplane-engine combination to ensure the 
absence of factors that could prevent safe operations. The airplane-
engine combination need not be type-design-approved for ETOPS; however, 
it must have sufficient favorable experience to demonstrate to the 
Administrator a level of reliability appropriate for 75-minute ETOPS.
    (ii) The certificate holder must comply with the requirements of 
Sec. 121.633 for time-limited system planning.
    (iii) The certificate holder must operate in accordance with the 
ETOPS authority as contained in its operations specifications.

[[Page 281]]

    (iv) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374.
    (v) The certificate holder must comply with the MEL in its 
operations specifications for 120-minute ETOPS.
    (c) 90-minutes ETOPS (Micronesia). The FAA grants approvals to 
conduct ETOPS with maximum diversion times up to 90 minutes on 
Micronesian area routes as follows:
    (1) The airplane-engine combination must be type-design approved for 
ETOPS of at least 120-minutes.
    (2) The certificate holder must operate in accordance with the ETOPS 
authority as contained in its operations specifications.
    (3) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374, except that a pre-departure service check 
before departure of the return flight is not required.
    (4) The certificate holder must comply with the MEL requirements in 
its operations specifications for 120-minute ETOPS.
    (d) 120-minute ETOPS. The FAA grants approvals to conduct ETOPS with 
maximum diversion times up to 120 minutes as follows:
    (1) The airplane-engine combination must be type-design-approved for 
ETOPS of at least 120 minutes.
    (2) The certificate holder must operate in accordance with the ETOPS 
authority as contained in its operations specifications.
    (3) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374.
    (4) The certificate holder must comply with the MEL requirements for 
120-minute ETOPS.
    (e) 138-Minute ETOPS. The FAA grants approval to conduct ETOPS with 
maximum diversion times up to 138 minutes as follows:
    (1) Operators with 120-minute ETOPS approval. The FAA grants 138-
minute ETOPS approval as an extension of an existing 120-minute ETOPS 
approval as follows:
    (i) The authority may be exercised only for specific flights for 
which the 120-minute diversion time must be exceeded.
    (ii) For these flight-by-flight exceptions, the airplane-engine 
combination must be type-design-approved for ETOPS up to at least 120 
minutes. The capability of the airplane's time-limited systems may not 
be less than 138 minutes calculated in accordance with Sec. 121.633.
    (iii) The certificate holder must operate in accordance with the 
ETOPS authority as contained in its operations specifications.
    (iv) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374.
    (v) The certificate holder must comply with minimum equipment list 
(MEL) requirements in its operations specifications for ``beyond 120 
minutes ETOPS''. Operators without a ``beyond 120-minute ETOPS'' MEL may 
apply to AFS-200 through their certificate holding district office for a 
modified MEL which satisfies the master MEL policy for system/component 
relief in ETOPS beyond 120 minutes.
    (vi) The certificate holder must conduct training for maintenance, 
dispatch, and flight crew personnel regarding differences between 138-
minute ETOPS authority and its previously-approved 120-minute ETOPS 
authority.
    (2) Operators with existing 180-minute ETOPS approval. The FAA 
grants approvals to conduct 138-minute ETOPS (without the limitation in 
paragraph (e)(1)(i) of section I of this appendix) to certificate 
holders with existing 180-minute ETOPS approval as follows:
    (i) The airplane-engine combination must be type-design-approved for 
ETOPS of at least 180 minutes.
    (ii) The certificate holder must operate in accordance with the 
ETOPS authority as contained in its operations specifications.
    (iii) The certificate holder must comply with the maintenance 
program requirements of Sec. 121.374.
    (iv) The certificate holder must comply with the MEL requirements 
for ``beyond 120 minutes ETOPS.''
    (v) The certificate holder must conduct training for maintenance, 
dispatch and flight crew personnel for differences between 138-minute 
ETOPS diversion approval and its previously approved 180-minute ETOPS 
diversion authority.
    (f) 180-minute ETOPS. The FAA grants approval to conduct ETOPS with 
diversion times up to 180 minutes as follows:
    (1) For these operations the airplane-engine combination must be 
type-design-approved for ETOPS of at least 180 minutes.
    (2) The certificate holder must operate in accordance with the ETOPS 
authority as contained in its operations specifications.
    (3) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374.
    (4) The certificate holder must comply with the MEL requirements for 
``beyond 120 minutes ETOPS.''
    (g) Greater than 180-minute ETOPS. The FAA grants approval to 
conduct ETOPS greater than 180 minutes. The following are requirements 
for all operations greater than 180 minutes.
    (1) The FAA grants approval only to certificate holders with 
existing 180-minute ETOPS operating authority for the airplane-engine 
combination to be operated.
    (2) The certificate holder must have previous ETOPS experience 
satisfactory to the Administrator.
    (3) In selecting ETOPS Alternate Airports, the operator must make 
every effort to plan ETOPS with maximum diversion distances of 180 
minutes or less, if possible. If conditions necessitate using an ETOPS 
Alternate

[[Page 282]]

Airport beyond 180 minutes, the route may be flown only if the 
requirements for the specific operating area in paragraph (h) or (i) of 
section I of this appendix are met.
    (4) The certificate holder must inform the flight crew each time an 
airplane is proposed for dispatch for greater than 180 minutes and tell 
them why the route was selected.
    (5) In addition to the equipment specified in the certificate 
holder's MEL for 180-minute ETOPS, the following systems must be 
operational for dispatch:
    (i) The fuel quantity indicating system.
    (ii) The APU (including electrical and pneumatic supply and 
operating to the APU's designed capability).
    (iii) The auto throttle system.
    (iv) The communication system required by Sec. 121.99(d) or Sec. 
121.122(c), as applicable.
    (v) One-engine-inoperative auto-land capability, if flight planning 
is predicated on its use.
    (6) The certificate holder must operate in accordance with the ETOPS 
authority as contained in its operations specifications.
    (7) The certificate holder must comply with the maintenance program 
requirements of Sec. 121.374.
    (h) 207-minute ETOPS in the North Pacific Area of Operations. (1) 
The FAA grants approval to conduct ETOPS with maximum diversion times up 
to 207 minutes in the North Pacific Area of Operations as an extension 
to 180-minute ETOPS authority to be used on an exception basis. This 
exception may be used only on a flight-by-flight basis when an ETOPS 
Alternate Airport is not available within 180 minutes for reasons such 
as political or military concerns; volcanic activity; temporary airport 
conditions; and airport weather below dispatch requirements or other 
weather related events.
    (2) The nearest available ETOPS Alternate Airport within 207 minutes 
diversion time must be specified in the dispatch or flight release.
    (3) In conducting such a flight the certificate holder must consider 
Air Traffic Service's preferred track.
    (4) The airplane-engine combination must be type-design-approved for 
ETOPS of at least 180 minutes. The approved time for the airplane's most 
limiting ETOPS significant system and most limiting cargo-fire 
suppression time for those cargo and baggage compartments required by 
regulation to have fire-suppression systems must be at least 222 
minutes.
    (5) The certificate holder must track how many times 207-minute 
authority is used.
    (i) 240-minute ETOPS in the North Polar Area, in the area north of 
the NOPAC, and in the Pacific Ocean north of the equator. (1) The FAA 
grants approval to conduct 240-minute ETOPS authority with maximum 
diversion times in the North Polar Area, in the area north of the NOPAC 
area, and the Pacific Ocean area north of the equator as an extension to 
180-minute ETOPS authority to be used on an exception basis. This 
exception may be used only on a flight-by-flight basis when an ETOPS 
Alternate Airport is not available within 180 minutes. In that case, the 
nearest available ETOPS Alternate Airport within 240 minutes diversion 
time must be specified in the dispatch or flight release.
    (2) This exception may be used in the North Polar Area and in the 
area north of NOPAC only in extreme conditions particular to these areas 
such as volcanic activity, extreme cold weather at en-route airports, 
airport weather below dispatch requirements, temporary airport 
conditions, and other weather related events. The criteria used by the 
certificate holder to decide that extreme weather precludes using an 
airport must be established by the certificate holder, accepted by the 
FAA, and published in the certificate holder's manual for the use of 
dispatchers and pilots.
    (3) This exception may be used in the Pacific Ocean area north of 
the equator only for reasons such as political or military concern, 
volcanic activity, airport weather below dispatch requirements, 
temporary airport conditions and other weather related events.
    (4) The airplane-engine combination must be type design approved for 
ETOPS greater than 180 minutes.
    (j) 240-minute ETOPS in areas South of the equator. (1) The FAA 
grants approval to conduct ETOPS with maximum diversion times of up to 
240 minutes in the following areas:
    (i) Pacific oceanic areas between the U.S. West coast and Australia, 
New Zealand and Polynesia.
    (ii) South Atlantic oceanic areas.
    (iii) Indian Ocean areas.
    (iv) Oceanic areas between Australia and South America.
    (2) The operator must designate the nearest available ETOPS 
Alternate Airports along the planned route of flight.
    (3) The airplane-engine combination must be type-design-approved for 
ETOPS greater than 180 minutes.
    (k) ETOPS beyond 240 minutes. (1) The FAA grants approval to conduct 
ETOPS with diversion times beyond 240 minutes for operations between 
specified city pairs on routes in the following areas:
    (i) The Pacific oceanic areas between the U.S. west coast and 
Australia, New Zealand, and Polynesia;
    (ii) The South Atlantic oceanic areas;
    (iii) The Indian Oceanic areas; and
    (iv) The oceanic areas between Australia and South America, and the 
South Polar Area.
    (2) This approval is granted to certificate holders who have been 
operating under 180-minute or greater ETOPS authority for at least 24 
consecutive months, of which at

[[Page 283]]

least 12 consecutive months must be under 240-minute ETOPS authority 
with the airplane-engine combination to be used.
    (3) The operator must designate the nearest available ETOPS 
alternate or alternates along the planned route of flight.
    (4) For these operations, the airplane-engine combination must be 
type-design-approved for ETOPS greater than 180 minutes.
    Section II. ETOPS Approval: Passenger-carrying Airplanes With More 
Than Two Engines.
    (a) The FAA grants approval to conduct ETOPS, as follows:
    (1) Except as provided in Sec. 121.162, the airplane-engine 
combination must be type-design-approved for ETOPS.
    (2) The operator must designate the nearest available ETOPS 
Alternate Airports within 240 minutes diversion time (at one-engine-
inoperative cruise speed under standard conditions in still air). If an 
ETOPS alternate is not available within 240 minutes, the operator must 
designate the nearest available ETOPS Alternate Airports along the 
planned route of flight.
    (3) The MEL limitations for the authorized ETOPS diversion time 
apply.
    (i) The Fuel Quantity Indicating System must be operational.
    (ii) The communications systems required by Sec. 121.99(d) or Sec. 
121.122(c) must be operational.
    (4) The certificate holder must operate in accordance with the ETOPS 
authority as contained in its operations specifications.
    Section III. Approvals for operations whose airplane routes are 
planned to traverse either the North Polar or South Polar Areas.
    (a) Except for intrastate operations within the State of Alaska, no 
certificate holder may operate an aircraft in the North Polar Area or 
South Polar Area, unless authorized by the FAA.
    (b) In addition to any of the applicable requirements of sections I 
and II of this appendix, the certificate holder's operations 
specifications must contain the following:
    (1) The designation of airports that may be used for en-route 
diversions and the requirements the airports must meet at the time of 
diversion.
    (2) Except for supplemental all-cargo operations, a recovery plan 
for passengers at designated diversion airports.
    (3) A fuel-freeze strategy and procedures for monitoring fuel 
freezing.
    (4) A plan to ensure communication capability for these operations.
    (5) An MEL for these operations.
    (6) A training plan for operations in these areas.
    (7) A plan for mitigating crew exposure to radiation during solar 
flare activity.
    (8) A plan for providing at least two cold weather anti-exposure 
suits in the aircraft, to protect crewmembers during outside activity at 
a diversion airport with extreme climatic conditions. The FAA may 
relieve the certificate holder from this requirement if the season of 
the year makes the equipment unnecessary.

[Doc. No. FAA-2002-6717, 72 FR 1883, Jan. 16, 2007]



 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]
Special Federal Aviation Regulation No. 106 [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 navigation facilities.
125.53 Flight locating requirements.

[[Page 284]]

                      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 Communication and navigation 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 data 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 [Reserved]
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 285]]

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 facilities or navigation aids.
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 Service difficulty reports.
125.411 Airworthiness release or maintenance record entry.

        Subpart M_Continued Airworthiness and Safety Improvements

125.501 Purpose and definition.
125.503 [Reserved]
125.505 Repairs assessment for pressurized fuselages.
125.507 Fuel tank system inspection program.
125.509 Flammability reduction means.

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.



             Sec. Special Federal Aviation Regulation No. 89

    Editorial Note: For the text of SFAR No. 89, see part 121 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 97

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



            Sec. Special Federal Aviation Regulation No. 106

    Editorial Note: For the text of SFAR No. 106, see part 121 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

[[Page 286]]

20 or more passengers or a maximum payload capacity of 6,000 pounds or 
more when common carriage is not involved.
    (b) The rules of this part do not apply to the operations of 
airplanes specified in paragraph (a) of this section, when--
    (1) They are required to be operated under part 121, 129, 135, or 
137 of this chapter;
    (2) They have been issued restricted, limited, or provisional 
airworthiness certificates, special flight permits, or experimental 
certificates;
    (3) They are being operated by a part 125 certificate holder without 
carrying passengers or cargo under part 91 for training, ferrying, 
positioning, or maintenance purposes;
    (4) They are being operated under part 91 by an operator 
certificated to operate those airplanes under 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.
    (e) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each airplane.

[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; Amdt. 
125-53, 72 FR 63412, Nov. 8, 2007]



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]

    Effective Date Note: At 73 FR 73179, Dec. 2, 2008, Sec. 125.3 was 
amended by adding a new paragraph (d), effective Feb. 2, 2009. For the 
convenience of the user, the added text is set forth as follows:



Sec. 125.3  Deviation authority.

                                * * * * *

    (d) After February 2, 2012, no deviation authority from the flight 
data recorder requirements of this part will be granted. Any previously 
issued deviation from the flight data recorder requirements of this part 
is no longer valid.



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.

[[Page 287]]

    (b) Applicants who file an application before June 1, 1981 shall 
continue to operate under the rules applicable to their operations on 
February 2, 1981 until the application for an operating certificate 
required by this part has been denied or the operating certificate and 
operations specifications required by this part have been issued.
    (c) The rules of this part which apply to a certificate holder also 
apply to any person who engages in any operation governed by this part 
without an appropriate certificate and operations specifications 
required by this part or a Letter of Deviation Authority issued under 
Sec. 125.3.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-1A, 
46 FR 10903, Feb. 5, 1981]



Sec. 125.7  Display of certificate.

    (a) The certificate holder must display a true copy of the 
certificate in each of its aircraft.
    (b) Each operator holding a Letter of Deviation Authority issued 
under this part must carry a true copy in each of its airplanes.



Sec. 125.9  Definitions.

    (a) For the purposes of this part, maximum payload capacity means:
    (1) For an airplane for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable airplane equipment, and 
less the operating load (consisting of minimum flightcrew, foods and 
beverages and supplies and equipment related to foods and beverages, but 
not including disposable fuel or oil):
    (2) For all other airplanes, the maximum certificated takeoff weight 
of an airplane, less the empty weight, less all justifiable airplane 
equipment, and less the operating load (consisting of minimum fuel load, 
oil, and flightcrew). The allowance for the weight of the crew, oil, and 
fuel is as follows:
    (i) Crew--200 pounds for each crewmember required under this chapter
    (ii) Oil--350 pounds.
    (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]

[[Page 288]]



      Subpart B_Certification Rules and Miscellaneous Requirements



Sec. 125.21  Application for operating certificate.

    (a) Each applicant for the issuance of an operating certificate must 
submit an application in a form and manner prescribed by the 
Administrator to the FAA Flight Standards district office in whose area 
the applicant proposes to establish or has established its principal 
operations base. The application must be submitted at least 60 days 
before the date of intended operations.
    (b) Each application submitted under paragraph (a) of this section 
must contain a signed statement showing the following:
    (1) The name and address of each director and each officer or person 
employed or who will be employed in a management position described in 
Sec. 125.25.
    (2) A list of flight crewmembers with the type of airman certificate 
held, including ratings and certificate numbers.



Sec. 125.23  Rules applicable to operations subject to this part.

    Each person operating an airplane in operations under this part 
shall--
    (a) While operating inside the United States, comply with the 
applicable rules in part 91 of this chapter; and
    (b) While operating outside the United States, comply with Annex 2, 
Rules of the Air, to the Convention on International Civil Aviation or 
the regulations of any foreign country, whichever applies, and with any 
rules of parts 61 and 91 of this chapter and this part that are more 
restrictive than that Annex or those regulations and that can be 
complied with without violating that Annex or those regulations. Annex 2 
is incorporated by reference in Sec. 91.703(b) of this chapter.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34331, Aug. 18, 1989]



Sec. 125.25  Management personnel required.

    (a) Each applicant for a certificate under this part must show that 
it has enough management personnel, including at least a director of 
operations, to 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.

[[Page 289]]

    (b) The Administrator may suspend or revoke a certificate under 
section 609 of the Federal Aviation Act of 1958 and the applicable 
procedures of part 13 of this chapter for any cause that, at the time of 
suspension or revocation, would have been grounds for denying an 
application for a certificate.
    (c) If the Administrator suspends or revokes a certificate or it is 
otherwise terminated, the holder of that certificate shall return it to 
the Administrator.



Sec. 125.31  Contents of certificate and operations specifications.

    (a) Each certificate issued under this part contains the following:
    (1) The holder's name.
    (2) A description of the operations authorized.
    (3) The date it is issued.
    (b) The operations specifications issued under this part contain the 
following:
    (1) The kinds of operations authorized.
    (2) The types and registration numbers of airplanes authorized for 
use.
    (3) Approval of the provisions of the operator's manual relating to 
airplane inspections, together with necessary conditions and 
limitations.
    (4) Registration numbers of airplanes that are to be inspected under 
an approved airplane inspection program under Sec. 125.247.
    (5) Procedures for control of weight and balance of airplanes.
    (6) Any other item that the Administrator determines is necessary to 
cover a particular situation.



Sec. 125.33  Operations specifications not a part of certificate.

    Operations specifications are not a part of an operating 
certificate.



Sec. 125.35  Amendment of operations specifications.

    (a) The FAA Flight Standards district office charged with the 
overall inspection of the certificate holder may amend any operations 
specifications issued under this part if--
    (1) It determines that safety in air commerce requires that 
amendment; or
    (2) Upon application by the holder, that district office determines 
that 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

[[Page 290]]

all duty for at least 8 consecutive hours during any 24-hour period.
    (b) The Administrator may specify rest, flight time, and duty time 
limitations in the operations specifications that are other than those 
specified in paragraph (a) of this section.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-21, 
59 FR 42993, Aug. 19, 1994]



Sec. 125.39  Carriage of narcotic drugs, marihuana, and depressant or 

stimulant drugs or substances.

    If the holder of a certificate issued under this part permits any 
airplane owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) 
of this chapter, that operation is a basis for suspending or revoking 
the certificate.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34331, Aug. 18, 1989]



Sec. 125.41  Availability of certificate and operations specifications.

    Each certificate holder shall make its operating certificate and 
operations specifications available for inspection by the Administrator 
at its principal operations base.



Sec. 125.43  Use of operations specifications.

    (a) Each certificate holder shall keep each of its employees 
informed of the provisions of its operations specifications that apply 
to the employee's duties and responsibilities.
    (b) Each certificate holder shall maintain a complete and separate 
set of its operations specifications. In addition, each certificate 
holder shall insert pertinent excerpts of its operations specifications, 
or reference thereto, in its manual in such a manner that they retain 
their identity as operations specifications.



Sec. 125.45  Inspection authority.

    Each certificate holder shall allow the Administrator, at any time 
or place, to make any inspections or tests to determine its compliance 
with the 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 navigation facilities.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may conduct any operation over a route (including to 
any destination, refueling or alternate airports) unless suitable 
navigation aids are available over the route to navigate the airplane 
along the route within the degree of accuracy required for ATC. 
Navigation aids required for routes outside of controlled airspace are 
listed in the certificate holder's operations specifications except for 
those aids required for routes to alternate airports.
    (b) Navigation aids are not required for any of the following 
operations--
    (1) Day VFR operations that the certificate holder shows can be 
conducted

[[Page 291]]

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 operations; and
    (3) Other operations approved by the certificate holding district 
office.

[Doc. No. FAA-2002-14002, 72 FR 31682, June 7, 2007]



Sec. 125.53  Flight locating requirements.

    (a) Each certificate holder must have procedures established for 
locating each flight for which an FAA flight plan is not filed that--
    (1) Provide the certificate holder with at least the information 
required to be included in a VFR flight plan;
    (2) Provide for timely notification of an FAA facility or search and 
rescue facility, if an airplane is overdue or missing; and
    (3) Provide the certificate holder with the location, date, and 
estimated time for reestablishing radio or telephone communications, if 
the flight will operate in an area where communications cannot be 
maintained.
    (b) Flight locating information shall be retained at the certificate 
holder's principal operations base, or at other places designated by the 
certificate holder in the flight locating procedures, until the 
completion of the flight.
    (c) Each certificate holder shall furnish the representative of the 
Administrator assigned to it with a copy of its flight locating 
procedures and any changes or additions, unless those procedures are 
included in a manual required under this part.



                      Subpart C_Manual Requirements



Sec. 125.71  Preparation.

    (a) Each certificate holder shall prepare and keep current a manual 
setting forth the certificate holder's procedures and policies 
acceptable to the Administrator. This manual must be used by the 
certificate holder's flight, ground, and maintenance personnel in 
conducting its operations. However, the Administrator may authorize a 
deviation from this paragraph if the Administrator finds that, because 
of the 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]

[[Page 292]]



Sec. 125.73  Contents.

    Each manual shall have the date of the last revision and revision 
number on each revised page. The manual must include--
    (a) The name of each management person who is authorized to act for 
the certificate holder, the person's assigned area of responsibility, 
and the person's duties, responsibilities, and authority;
    (b) Procedures for ensuring compliance with airplane weight and 
balance limitations;
    (c) Copies of the certificate holder's operations specifications or 
appropriate extracted information, including area of operations 
authorized, category and class of airplane authorized, crew complements, 
and types of operations authorized;
    (d) Procedures for complying with accident notification 
requirements;
    (e) Procedures for ensuring that the pilot in command knows that 
required airworthiness inspections have been made and that the airplane 
has been approved for return to service in compliance with applicable 
maintenance requirements;
    (f) Procedures for reporting and recording mechanical irregularities 
that come to the attention of the pilot in command before, during, and 
after completion of a flight;
    (g) Procedures to be followed by the pilot in command for 
determining that mechanical irregularities or defects reported for 
previous flights have been corrected or that correction has been 
deferred;
    (h) Procedures to be followed by the pilot in command to obtain 
maintenance, preventive maintenance, and servicing of the airplane at a 
place where previous arrangements have not been made by the operator, 
when the pilot is authorized to so act for the operator;
    (i) Procedures for the release for, or continuation of, flight if 
any item of equipment required for the particular type of operation 
becomes inoperative or unserviceable en route;
    (j) Procedures for refueling airplanes, eliminating fuel 
contamination, protecting from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling;
    (k) Procedures to be followed by the pilot in command in the 
briefing under Sec. 125.327;
    (l) Flight locating procedures, when applicable;
    (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

[[Page 293]]

elects, the certificate holder may revise the operating procedures 
sections and modify the presentation of performance from the applicable 
Airplane Flight Manual if the revised operating procedures and modified 
performance data presentation are approved by the Administrator.



                     Subpart D_Airplane Requirements



Sec. 125.91  Airplane requirements: General.

    (a) No certificate holder may operate an airplane governed by this 
part unless it--
    (1) Carries an appropriate current airworthiness certificate issued 
under this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) No person may operate an airplane unless the current empty 
weight and center of gravity are calculated from the values established 
by actual weighing of the airplane within the preceding 36 calendar 
months.
    (c) Paragraph (b) of this section does not apply to airplanes issued 
an original airworthiness certificate within the preceding 36 calendar 
months.



Sec. 125.93  Airplane limitations.

    No certificate holder may operate a land airplane (other than a DC-
3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) 
in an extended overwater operation unless it is certificated or approved 
as adequate for ditching under the ditching provisions of part 25 of 
this chapter.



              Subpart E_Special Airworthiness Requirements



Sec. 125.111  General.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may use an airplane powered by airplane engines rated 
at more than 600 horsepower each for maximum continuous operation unless 
that airplane meets the requirements of 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.

[[Page 294]]

    (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 is installed in the fuselage as replacements 
after September 2, 2005, the insulation must meet the flame propagation 
requirements of Sec. 25.856 of this chapter, effective September 2, 
2003, if it is:
    (i) of a blanket construction or
    (ii) Installed around air ducting.
    (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; Amdt. 125-50, 70 FR 77752, Dec. 30, 2005]



Sec. 125.115  Internal doors.

    In any case where internal doors are equipped with louvres or other 
ventilating means, there must be a means convenient to the crew for 
closing the flow of air through the door when necessary.



Sec. 125.117  Ventilation.

    Each passenger or crew compartment must be suitably ventilated. 
Carbon monoxide concentration may not be more than one part in 20,000 
parts of air, and fuel fumes may not be present. In any case where 
partitions between compartments have louvres or other means allowing air 
to flow between compartments, there must be a means convenient to the 
crew for closing the flow of air through the partitions when necessary.



Sec. 125.119  Fire precautions.

    (a) Each compartment must be designed so that, when used for storing 
cargo or baggage, it meets the following requirements:
    (1) No compartment may include controls, wiring, lines, equipment, 
or accessories that would upon damage or failure, affect the safe 
operation of the airplane unless the item is adequately shielded, 
isolated, or otherwise protected so that it cannot be damaged by 
movement of cargo in the compartment and so that damage to or failure of 
the item would not create a fire hazard in the compartment.
    (2) Cargo or baggage may not interfere with the functioning of the 
fire-protective features of the compartment.
    (3) Materials used in the construction of the compartments, 
including tie-down equipment, must be at least flame resistant.
    (4) Each compartment must include provisions for safeguarding 
against fires according to the classifications set forth in paragraphs 
(b) through (f) of this section.
    (b) Class A. Cargo and baggage compartments are classified in the 
``A'' category if a fire therein would be readily discernible to a 
member of the crew while at that crewmember's station, and all parts of 
the compartment are easily accessible in flight. There must be a hand 
fire extinguisher available for each Class A compartment.
    (c) Class B. Cargo and baggage compartments are classified in the 
``B'' category if enough access is provided while in flight to enable a 
member of 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

[[Page 295]]

warning at the pilot or flight engineer station.
    (2) It must have an approved built-in fire-extinguishing system 
controlled from the pilot or flight engineer station.
    (3) It must be designed to exclude hazardous quantities of smoke, 
flames, or extinguishing agents from entering into any compartment 
occupied by the crew or passengers.
    (4) It must have ventilation and draft control so that the 
extinguishing agent provided can control any fire that may start in the 
compartment.
    (5) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (e) Class D. Cargo and baggage compartments are classified in the 
``D'' category if they are so designed and constructed that a fire 
occurring therein will be completely confined without endangering the 
safety of the airplane or the occupants. Each Class D compartment must 
comply with the following:
    (1) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering any compartment occupied by the 
crew or passengers.
    (2) Ventilation and drafts must be controlled within each 
compartment so that any fire likely to occur in the compartment will not 
progress beyond safe limits.
    (3) It must be completely lined with fire-resistant material.
    (4) Consideration must be given to the effect of heat within the 
compartment on adjacent critical parts of the airplane.
    (f) Class E. On airplanes used for the carriage of cargo only, the 
cabin area may be classified as a Class ``E'' compartment. Each Class E 
compartment must comply with the following:
    (1) It must be completely lined with fire-resistant material.
    (2) It must have a separate system of an approved type smoke or fire 
detector to give warning at the pilot or flight engineer station.
    (3) It must have a means to shut off the ventilating air flow to or 
within the compartment and the controls for that means must be 
accessible to the flightcrew in the crew compartment.
    (4) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering the flightcrew compartment.
    (5) Required crew emergency exits must be accessible under all cargo 
loading conditions.



Sec. 125.121  Proof of compliance with Sec. 125.119.

    Compliance with those provisions of Sec. 125.119 that refer to 
compartment accessibility, the entry of hazardous quantities of smoke or 
extinguishing agent into compartment occupied by the crew or passengers, 
and the dissipation of the extinguishing agent in Class ``C'' 
compartments must be shown by tests in flight. During these tests it 
must be shown that no inadvertent operation of smoke or fire detectors 
in other compartments within the airplane would occur as a result of 
fire contained in any one compartment, either during the time it is 
being extinguished, or thereafter, unless the extinguishing system 
floods those compartments simultaneously.



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.

[[Page 296]]



Sec. 125.127  Location of fuel tanks.

    (a) Fuel tanks must be located in accordance with Sec. 125.153.
    (b) No part of the engine nacelle skin that lies immediately behind 
a major air outlet from the engine compartment may be used as the wall 
of an integral tank.
    (c) Fuel tanks must be isolated from personnel compartments by means 
of fume- and fuel-proof enclosures.



Sec. 125.129  Fuel system lines and fittings.

    (a) Fuel lines must be installed and supported so as to prevent 
excessive vibration and so as to be adequate to withstand loads due to 
fuel pressure and accelerated flight conditions.
    (b) Lines connected to components of the airplane between which 
there may be relative motion must incorporate provisions for 
flexibility.
    (c) Flexible connections in lines that may be under pressure and 
subject to axial loading must use flexible hose assemblies rather than 
hose clamp connections.
    (d) Flexible hoses must be of an acceptable type or proven suitable 
for the particular application.



Sec. 125.131  Fuel lines and fittings in designated fire zones.

    Fuel lines and fittings in each designated fire zone must comply 
with Sec. 125.157.



Sec. 125.133  Fuel valves.

    Each fuel valve must--
    (a) Comply with Sec. 125.155;
    (b) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (c) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines connected 
to the valve.



Sec. 125.135  Oil lines and fittings in designated fire zones.

    Oil lines and fittings in each designated fire zone must comply with 
Sec. 125.157.



Sec. 125.137  Oil valves.

    (a) Each oil valve must--
    (1) Comply with Sec. 125.155;
    (2) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (3) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines attached 
to the valve.
    (b) The closing of an oil shutoff means must not prevent feathering 
the propeller, unless equivalent safety provisions are incorporated.



Sec. 125.139  Oil system drains.

    Accessible drains incorporating either a manual or automatic means 
for positive locking in the closed position must be provided to allow 
safe drainage of the entire oil system.



Sec. 125.141  Engine breather lines.

    (a) Engine breather lines must be so arranged that condensed water 
vapor that may freeze and obstruct the line cannot accumulate at any 
point.
    (b) Engine breathers must discharge in a location that does not 
constitute a fire hazard in case foaming occurs and so that oil emitted 
from the line does not impinge upon the pilots' windshield.
    (c) Engine breathers may not discharge into the engine air induction 
system.



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.

[[Page 297]]



Sec. 125.147  Cowling.

    (a) Cowling must be made and supported so as to resist the 
vibration, inertia, and air loads to which it may be normally subjected.
    (b) Provisions must be made to allow rapid and complete drainage of 
the cowling in normal ground and flight attitudes. Drains must not 
discharge in locations constituting a fire hazard. Parts of the cowling 
that are subjected to high temperatures because they are near exhaust 
system parts or because of exhaust gas impingement must be made of 
fireproof material. Unless otherwise specified in these regulations, all 
other parts of the cowling must be made of material that is at least 
fire resistant.



Sec. 125.149  Engine accessory section diaphragm.

    Unless equivalent protection can be shown by other means, a 
diaphragm that complies with Sec. 125.145 must be provided on air-
cooled engines to isolate the engine power section and all parts of the 
exhaust system from the engine accessory compartment.



Sec. 125.151  Powerplant fire protection.

    (a) Designated fire zones must be protected from fire by compliance 
with 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.

[[Page 298]]



Sec. 125.161  Fire-extinguishing systems.

    (a) Unless the certificate holder shows that equivalent protection 
against destruction of the airplane in case of fire is provided by the 
use of fireproof materials in the nacelle and other components that 
would be subjected to flame, fire-extinguishing systems must be provided 
to serve all designated fire zones.
    (b) Materials in the fire-extinguishing system must not react 
chemically with the extinguishing agent so as to be a hazard.



Sec. 125.163  Fire-extinguishing agents.

    Only methyl bromide, carbon dioxide, or another agent that has been 
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing 
agent is used, provisions must be made to prevent harmful concentrations 
of fluid or fluid vapors from entering any personnel compartment either 
because of leakage during normal operation of the airplane or because of 
discharging the fire extinguisher on the ground or in flight when there 
is a defect in the extinguishing system. If a methyl bromide system is 
used, the containers must be charged with dry agent and sealed by the 
fire-extinguisher manufacturer or some other person using satisfactory 
recharging equipment. If carbon dioxide is used, it must not be possible 
to discharge enough gas into the personnel compartments to create a 
danger of suffocating the occupants.



Sec. 125.165  Extinguishing agent container pressure relief.

    Extinguishing agent containers must be provided with a pressure 
relief to prevent bursting of the container because of excessive 
internal pressures. The discharge line from the relief connection must 
terminate outside the airplane in a place convenient for inspection on 
the ground. An indicator must be provided at the discharge end of the 
line to provide a visual indication when the container has discharged.



Sec. 125.167  Extinguishing agent container compartment temperature.

    Precautions must be taken to ensure that the extinguishing agent 
containers are installed in places where reasonable temperatures can be 
maintained for effective use of the extinguishing system.



Sec. 125.169  Fire-extinguishing system materials.

    (a) Except as provided in paragraph (b) of this section, each 
component of a fire-extinguishing system that is in a designated fire 
zone must be made of fireproof materials.
    (b) Connections that are subject to relative motion between 
components of the airplane must be made of flexible materials that are 
at least fire-resistant and be located so as to minimize the probability 
of failure.



Sec. 125.171  Fire-detector systems.

    Enough quick-acting fire detectors must be provided in each 
designated fire zone to assure the detection of any fire that may occur 
in that zone.



Sec. 125.173  Fire detectors.

    Fire detectors must be made and installed in a manner that assures 
their ability to resist, without failure, all vibration, inertia, and 
other loads to which they may be normally subjected. Fire detectors must 
be unaffected by exposure to fumes, oil, water, or other fluids that may 
be present.



Sec. 125.175  Protection of other airplane components against fire.

    (a) Except as provided in paragraph (b) of this section, all 
airplane surfaces aft of the nacelles in the area of one 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.

[[Page 299]]



Sec. 125.177  Control of engine rotation.

    (a) Except as provided in paragraph (b) of this section, each 
airplane must have a means of individually stopping and restarting the 
rotation of any engine in flight.
    (b) In the case of turbine engine installations, a means of stopping 
rotation need be provided only if the Administrator finds that rotation 
could jeopardize the safety of the airplane.



Sec. 125.179  Fuel system independence.

    (a) Each airplane fuel system must be arranged so that the failure 
of any one component does not result in the irrecoverable loss of power 
of more than one engine.
    (b) A separate fuel tank need not be provided for each engine if the 
certificate holder shows that the fuel system incorporates features that 
provide equivalent safety.



Sec. 125.181  Induction system ice prevention.

    A means for preventing the malfunctioning of each engine due to ice 
accumulation in the engine air induction system must be provided for 
each airplane.



Sec. 125.183  Carriage of cargo in passenger compartments.

    (a) Except as provided in paragraph (b) or (c) of this section, no 
certificate holder may carry cargo in the passenger compartment of an 
airplane.
    (b) Cargo may be carried aft of the foremost seated passengers if it 
is carried in an approved cargo bin that meets the following 
requirements:
    (1) The bin must withstand the load factors and emergency landing 
conditions applicable to the passenger seats of the airplane in which 
the bin is installed, multiplied by a factor of 1.15, using the combined 
weight of the bin and the maximum weight of cargo that may be carried in 
the bin.
    (2) The maximum weight of cargo that the bin is approved to carry 
and any instructions necessary to ensure proper weight distribution 
within the bin must be conspicuously marked on the bin.
    (3) The bin may not impose any load on the floor or other structure 
of the airplane that exceeds the load limitations of that structure.
    (4) The bin must be attached to the seat tracks or to the floor 
structure of the airplane, and its attachment must withstand the load 
factors and emergency landing conditions applicable to the passenger 
seats of the airplane in which the bin is installed, multiplied by 
either the factor 1.15 or the seat attachment factor specified for the 
airplane, whichever is greater, using the combined weight of the bin and 
the maximum weight of cargo that may be carried in the bin.
    (5) The bin may not be installed in a position that restricts access 
to or use of any required emergency exit, or of the aisle in the 
passenger compartment.
    (6) The bin must be fully enclosed and made of material that is at 
least flame-resistant.
    (7) Suitable safeguards must be provided within the bin to prevent 
the cargo from shifting under emergency landing conditions.
    (8) The bin may not be installed in a position that obscures any 
passenger's view of the ``seat belt'' sign, ``no smoking'' sign, or any 
required exit sign, unless an auxiliary sign or other approved means for 
proper notification of the passenger is provided.
    (c) All cargo may be carried forward of the foremost seated 
passengers and carry-on baggage may be carried alongside the foremost 
seated passengers if the cargo (including carry-on baggage) is carried 
either in approved bins as specified in paragraph (b) of this section or 
in accordance with the following:
    (1) It is properly secured by a safety belt or other tie down having 
enough strength to eliminate the possibility of 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.

[[Page 300]]

    (5) Its location does not obscure any passenger's view of the ``seat 
belt'' sign, ``no smoking'' sign, or required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passenger is provided.



Sec. 125.185  Carriage of cargo in cargo compartments.

    When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand-held fire extinguisher.



Sec. 125.187  Landing gear: Aural warning device.

    (a) Except for airplanes that comply with the requirements of Sec. 
25.729 of this chapter on or after January 6, 1992, each airplane must 
have a landing gear aural warning device that functions continuously 
under the following conditions:
    (1) For airplanes with an established approach wing-flap position, 
whenever the wing flaps are extended beyond the maximum certificated 
approach climb configuration position in the Airplane Flight Manual and 
the landing gear is not fully extended and locked.
    (2) For airplanes without an established approach climb wing-flap 
position, whenever the wing flaps are extended beyond the position at 
which landing gear extension is normally performed and the landing gear 
is not fully extended and locked.
    (b) The warning system required by paragraph (a) of this section--
    (1) May not have a manual shutoff;
    (2) Must be in addition to the throttle-actuated device installed 
under the type certification airworthiness requirements; and
    (3) May utilize any part of the throttle-actuated system including 
the aural warning device.
    (c) The flap position sensing unit may be installed at any suitable 
place in the airplane.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-16, 
56 FR 63762, Dec. 5, 1991]



Sec. 125.189  Demonstration of emergency evacuation procedures.

    (a) Each certificate holder must show, by actual demonstration 
conducted in accordance with paragraph (a) of appendix B of this part, 
that the emergency evacuation procedures for each type and model of 
airplane with a seating of more than 44 passengers, that is used in its 
passenger-carrying operations, allow the evacuation of the full seating 
capacity, including crewmembers, in 90 seconds or less, in each of the 
following circumstances:
    (1) A demonstration must be conducted by the certificate holder upon 
the initial introduction of a type and model of airplane into passenger-
carrying operations. However, the demonstration need not be repeated for 
any airplane type or model that has the same number and type of exits, 
the same cabin configuration, and the same emergency equipment as any 
other airplane used by the certificate holder in successfully 
demonstrating emergency evacuation in compliance with this paragraph.
    (2) A demonstration must be conducted--
    (i) Upon increasing by more than 5 percent the passenger seating 
capacity for which successful demonstration has been conducted; or
    (ii) Upon a major change in the passenger cabin interior 
configuration that will affect the emergency evacuation of passengers.
    (b) If a certificate holder has conducted a successful demonstration 
required by Sec. 121.291(a) in the same type airplane as a part 121 or 
part 123 certificate holder, it need not conduct a demonstration under 
this paragraph in 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

[[Page 301]]

airplane as a part 121 or part 123 certificate holder, it need not 
conduct a demonstration under this paragraph in that type airplane to 
achieve certification under part 125.



             Subpart F_Instrument and Equipment Requirements



Sec. 125.201  Inoperable instruments and equipment.

    (a) No person may take off an airplane with inoperable instruments 
or equipment installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that airplane.
    (2) The Flight Standards District Office having certification 
responsibility has issued the certificate holder operations 
specifications authorizing operations in accordance with an approved 
Minimum Equipment List. The flight crew shall have direct access at all 
times prior to flight to all of the information contained in the 
approved Minimum Equipment List through printed or other means approved 
by the Administrator in the certificate holders operations 
specifications. An approved Minimum Equipment List, as authorized by the 
operations specifications, constitutes an approved change to the type 
design without requiring recertification.
    (3) The approved Minimum Equipment List must:
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section.
    (ii) Provide for the operation of the airplane with certain 
instruments and equipment in an inoperable condition.
    (4) Records identifying the inoperable instruments and equipment and 
the information required by paragraph (a)(3)(ii) of this section must be 
available to the pilot.
    (5) The airplane is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the operations 
specifications authorizing use of the Minimum Equipment List.
    (b) The following instruments and equipment may not be included in 
the Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
airplane is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an 
airplane with inoperable instruments or equipment may be operated under 
a special flight permit under Sec. Sec. 21.197 and 21.199 of this 
chapter.

[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991]



Sec. 125.203  Communication and navigation equipment.

    (a) Communication equipment--general. No person may operate an 
airplane unless it has two-way radio communication equipment able, at 
least in flight, to transmit to, and receive from, appropriate 
facilities 22 nautical miles away.
    (b) Navigation equipment for operations over the top. No person may 
operate an airplane over the top unless it has navigation equipment 
suitable for the route to be flown.
    (c) Communication and navigation equipment for IFR or extended over-
water operations--General. Except as provided in paragraph (f) of this 
section, no person may operate an airplane carrying passengers under IFR 
or in extended over-water operations unless--
    (1) The en route navigation aids necessary for navigating the 
airplane along the route (e.g., ATS routes, arrival and departure 
routes, and instrument approach procedures, including missed approach 
procedures if a missed approach routing is specified in the procedure) 
are available and suitable for use by the aircraft navigation systems 
required by this section;
    (2) The airplane used in those operations is equipped with at least 
the following equipment--
    (i) Except as provided in paragraph (d) of this section, two 
approved independent navigation systems suitable for navigating the 
airplane along the

[[Page 302]]

route within the degree of accuracy required for ATC;
    (ii) One marker beacon receiver providing visual and aural signals;
    (iii) One ILS receiver;
    (iv) Two transmitters;
    (v) Two microphones;
    (vi) Two headsets or one headset and one speaker; and
    (vii) Two independent communication systems, one of which must have 
two-way voice communication capability, capable of transmitting to, and 
receiving from, at least one appropriate facility from any place on the 
route to be flown; and
    (3) Any RNAV system used to meet the navigation equipment 
requirements of this section is authorized in the certificate holder's 
operations specifications.
    (d) Use of a single independent navigation system for operations 
under IFR--not for extended overwater operations. Notwithstanding the 
requirements of paragraph (c)(2)(i) of this section, the airplane may be 
equipped with a single independent navigation system suitable for 
navigating the airplane along the route to be flown within the degree of 
accuracy required for ATC if--
    (1) It can be shown that the airplane is equipped with at least one 
other independent navigation system suitable, in the event of loss of 
the navigation capability of the single independent navigation system 
permitted by this paragraph at any point along the route, for proceeding 
safely to a suitable airport and completing an instrument approach; and
    (2) The airplane has sufficient fuel so that the flight may proceed 
safely to a suitable airport by use of the remaining navigation system, 
and complete an instrument approach and land.
    (e) Use of VOR navigation equipment. If VOR navigation equipment is 
required by paragraph (c) or (d) of this section, no person may operate 
an airplane unless it is equipped with at least one approved DME or a 
suitable RNAV system.
    (f) Extended over-water operations. 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 over-water 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 flight crew to navigate the airplane along 
the route to be flown within the degree of accuracy required for ATC;
    (2) The length of the route being flown; and
    (3) The duration of the very high frequency communications gap.

[Doc. No. FAA-2002-14002, 72 FR 31682, June 7, 2007]



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 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;

[[Page 303]]

    (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 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

[[Page 304]]

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 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

[[Page 305]]

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 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 a label or markings showing:
    (1) That the seat was approved by a foreign government;
    (2) That the seat was manufactured under the standards of the United 
Nations; or
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph 
(b)(2)(i) of this section, was approved by the FAA in accordance with 
Sec. 21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec. 125.211(b)(2)(ii)(C)(3) and Sec. 
125.211(b)(2)(ii)(C)(4), booster-type child restraint systems (as 
defined in

[[Page 306]]

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
    (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) Except as provided in Sec. 125.211(b)(2)(ii)(C)(3) and Sec. 
125.211(b)(2)(ii)(C)(4), 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; 
Amdt. 125-48, 70 FR 50907, Aug. 26, 2005; Amdt. 125-51, 71 FR 40009, 
July 14, 2006; 71 FR 59373, Oct. 10, 2006]



Sec. 125.213  Miscellaneous equipment.

    No person may conduct any operation unless the following equipment 
is installed in the airplane:
    (a) If protective fuses are installed on an airplane, the number of 
spare fuses approved for the airplane and appropriately described in the 
certificate holder's manual.
    (b) A windshield wiper or equivalent for each pilot station.
    (c) A power supply and distribution system that meets the 
requirements of 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

[[Page 307]]

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.
    (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]

[[Page 308]]



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:
    (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:

[[Page 309]]

    (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:

                       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.

[[Page 310]]

 
                                         (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 data recorders.

    (a) Except as provided in paragraph (d) of this section, after 
October 11, 1991, no person may operate a large airplane type 
certificated before October 1, 1969, for operations above 25,000 feet 
altitude, nor a multiengine, turbine powered airplane type certificated 
before October 1, 1969, unless it is equipped with one or more approved 
flight recorders that utilize a digital method of recording and storing 
data and a method of readily retrieving that data from the storage 
medium. The following information must be able to be determined within 
the ranges, accuracies, resolution, and recording intervals specified in 
appendix D of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission to or from air traffic control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Control column or pitch control surface position; and
    (11) Thrust of each engine.
    (b) Except as provided in paragraph (d) of this section, after 
October 11, 1991, no person may operate a large airplane type 
certificated after September 30, 1969, for operations above 25,000 feet 
altitude, nor a multiengine, turbine powered airplane type certificated 
after September 30, 1969, unless it is equipped with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, resolutions, and recording intervals 
specified in appendix D of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission either to or from air traffic 
control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Pitch trim position;
    (11) Control column or pitch control surface position;
    (12) Control wheel or lateral control surface position;
    (13) Rudder pedal or yaw control surface position;
    (14) Thrust of each engine;
    (15) Position of each trust reverser;
    (16) Trailing edge flap or cockpit flap control position; and
    (17) Leading edge flap or cockpit flap control position.
    (c) After October 11, 1991, no person may operate a large airplane 
equipped with a digital data bus and ARINC 717 digital flight data 
acquisition unit (DFDAU) or equivalent unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. Any parameters specified in appendix D of this 
part that are available on the digital data bus must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified.
    (d) No person may operate under this part an airplane that is 
manufactured after October 11, 1991, unless it is

[[Page 311]]

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.
    (j) After August 20, 2001, this section applies only to the airplane 
models listed in Sec. 125.226(l)(2). All other airplanes must comply 
with the requirements of Sec. 125.226.

[Doc. No. 25530, 53 FR 26148, July 11, 1988; 53 FR 30906, Aug. 16, 1988; 
Amdt. 125-54, 73 FR 12568, Mar. 7, 2008]



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:
    (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;

[[Page 312]]

    (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);
    (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);

[[Page 313]]

    (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 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)

[[Page 314]]

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
    (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

[[Page 315]]

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.
    (m) All aircraft subject to the requirements of this section that 
are manufactured on or after April 7, 2010, must have a flight data 
recorder installed that also--
    (1) Meets the requirements in Sec. 25.1459(a)(3), (a)(7), and 
(a)(8) of this chapter; and
    (2) Retains the 25 hours of recorded information required in 
paragraph (f) of this section using a recorder that meets the standards 
of TSO-C124a, or later revision.

[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; Amdt. 125-54, 73 FR 12568, Mar. 7, 2008]

    Effective Date Note: At 73 FR 73179, Dec. 2, 2008, Sec. 125.226 was 
amended by removing the word ``and'' after paragraph (a)(87); by 
removing the period after paragraph (a)(88) and adding a semicolon in 
its place; by adding new paragraphs (a)(89), (90), and (91), (e)(3), and 
(n); and by revising paragraph (f), effective Feb. 2, 2009. For the 
convenience of the user, the added and revised text is set forth as 
follows:



Sec. 125.226  Digital flight data recorders.

    (a) * * *
    (89) Yaw damper status;
    (90) Yaw damper command; and
    (91) Standby rudder valve status.

                                * * * * *

    (e) * * *
    (3) In addition to the requirements of paragraphs (e)(1) and (e)(2) 
of this section, all Boeing 737 model airplanes must also comply with 
the requirements of paragraph (n) of this section, as applicable.
    (f) For all turbine-engine-powered transport category airplanes 
manufactured after August 19, 2002--
    (1) The parameters listed in paragraphs (a)(1) through (a)(88) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M to this 
part.
    (2) In addition to the requirements of paragraphs (f)(1) of this 
section, all Boeing 737 model airplanes must also comply with the 
requirements of paragraph (n) of this section.

                                * * * * *

    (n) In addition to all other applicable requirements of this 
section, all Boeing 737 model airplanes manufactured after August 18, 
2000, must record the parameters listed in paragraphs (a)(88) through 
(a)(91) of this section within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M to this part. Compliance 
with this paragraph is required no later than February 2, 2011.



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.

[[Page 316]]

    (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 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.
    (g) By April 7, 2012, all turbine engine-powered airplanes subject 
to this section that are manufactured before April 7, 2010, must have a 
cockpit voice recorder installed that also--
    (1) Meets the requirements of Sec. 25.1457(a)(3), (a)(4), (a)(5), 
and (d)(6) of this chapter;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the start of the use of the 
checklist (before starting the engines for the purpose of flight), to 
the completion of the final checklist at the termination of the flight.
    (h) All turbine engine-powered airplanes subject to this section 
that are manufactured on or after April 7, 2010, must have a cockpit 
voice recorder installed that also--
    (1) Meets the requirements of Sec. 25.1457(a)(3) through (a)(6), 
(d)(1), (d)(4), (d)(5), and (d)(6) of this chapter;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the start of the use of the 
checklist (before starting the engines for the purpose of flight), to 
the completion of the final checklist at the termination of the flight.
    (i) All turbine engine-powered airplanes required by this part to 
have a cockpit voice recorder and a flight data recorder, that install 
datalink communication equipment on or after April 7, 2010, must record 
all datalink messages

[[Page 317]]

as required by the certification rule applicable to the airplane.

[Doc. No. 25530, 53 FR 26149, July 11, 1988, as amended by Amdt. 125-54, 
73 FR 12568, Mar. 7, 2008]



                          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 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

[[Page 318]]

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  [Reserved]



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 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.

[[Page 319]]



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 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

[[Page 320]]

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 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]

[[Page 321]]



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 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.

[[Page 322]]

    (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 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

[[Page 323]]

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 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--

[[Page 324]]

    (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 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

[[Page 325]]

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 facility or navigation aid 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-52, 
72 FR 31683, June 7, 2007]



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;
    (6) If the flight involves extended overwater operation, ditching 
procedures and the use of required flotation equipment;

[[Page 326]]

    (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 327]]

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 328]]



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 329]]



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 330]]

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 
DA/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 DA/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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-52, 
72 FR 31683, June 7, 2007]



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

[[Page 331]]

    (iii) The airplane is on a nonprecision final approach and the 
airplane--
    (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 
DA/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; 
Amdt. 125-52, 72 FR 31683, June 7, 2007]



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--

[[Page 332]]

    (1) Load manifest required by Sec. 125.383;
    (2) Flight release;
    (3) Airworthiness release; and
    (4) Flight plan, including route.
    (b) If a flight originates at the principal operations base of the 
certificate 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  Service difficulty reports.

    (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) 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 the FAA 
office in Oklahoma City, Oklahoma. Each report of occurrences during a 
24-hour period shall be submitted to the collection point 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 work day.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-49, 
70 FR 76979, Dec. 29, 2005]



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

[[Page 333]]

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.



        Subpart M_Continued Airworthiness and Safety Improvements

    Source: Amdt. 125-53, 72 FR 63412, Nov. 8, 2007, unless otherwise 
noted.



Sec. 125.501  Purpose and definition.

    (a) This subpart requires operators to support the continued 
airworthiness of each airplane. These requirements may include, but are 
not limited to, revising the inspection program, incorporating design 
changes, and incorporating revisions to Instructions for Continued 
Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is 
the aircraft certification office or office of the Transport Airplane 
Directorate with oversight responsibility for the relevant type 
certificate or supplemental type certificate, as determined by the 
Administrator.



Sec. 125.503  [Reserved]



Sec. 125.505  Repairs assessment for pressurized fuselages.

    (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.

[[Page 334]]

    (12) For the Fokker F-28 Mark, 1000, 2000, 3000, and 4000, the 
flight cycle implementation time is 60,000 flights.
    (b) [Reserved]

[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. 
Redesignated by Amdt. 125-53, 72 FR 63412, Nov. 8, 2007]



Sec. 125.507  Fuel tank system inspection program.

    (a) Except as provided in paragraph (g) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) For each airplane on which an auxiliary fuel tank is installed 
under a field approval, before June 16, 2008, the certificate holder 
must submit to the FAA Oversight Office proposed maintenance 
instructions for the tank that meet the requirements of Special Federal 
Aviation Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no certificate holder may operate an 
airplane identified in paragraph (a) of this section unless the 
inspection program for that airplane has been revised to include 
applicable inspections, procedures, and limitations for fuel tank 
systems.
    (d) The proposed fuel tank system inspection program revisions must 
be based on fuel tank system Instructions for Continued Airworthiness 
(ICA) that have been developed in accordance with the applicable 
provisions of SFAR 88 of this chapter or Sec. 25.1529 and part 25, 
Appendix H, of this chapter, in effect on June 6, 2001 (including those 
developed for auxiliary fuel tanks, if any, installed under supplemental 
type certificates or other design approval) and that have been approved 
by the FAA Oversight Office.
    (e) After December 16, 2008, before returning an aircraft to service 
after any alteration for which fuel tank ICA are developed under SFAR 
88, or under Sec. 25.1529 in effect on June 6, 2001, the certificate 
holder must include in the inspection program for the airplane 
inspections and procedures for the fuel tank system based on those ICA.
    (f) The fuel tank system inspection program changes identified in 
paragraphs (d) and (e) of this section and any later fuel tank system 
revisions must be submitted to the Principal Inspector for review and 
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300



Sec. 125.509  Flammability reduction means.

    (a) Applicability. Except as provided in paragraph (m) of this 
section, this section applies to transport category, turbine-powered 
airplanes with a type certificate issued after January 1, 1958, that, as 
a result of original type certification or later increase in capacity 
have:
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) New Production Airplanes. Except in accordance with Sec. 
125.201, no person may operate an airplane identified in Table 1 of this 
section (including all-cargo airplanes) for which the State of 
Manufacture issued the original certificate of airworthiness or export 
airworthiness approval after September 20, 2010 unless an Ignition 
Mitigation Means (IMM) or Flammability Reduction Means (FRM) meeting the 
requirements of Sec. 26.33 of this chapter is operational.

                                 Table 1
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A330, A340 Series

[[Page 335]]

 
777 Series
767 Series
------------------------------------------------------------------------

    (c) Auxiliary Fuel Tanks. After the applicable date stated in 
paragraph (e) of this section, no person may operate any airplane 
subject to Sec. 26.33 of this chapter that has an Auxiliary Fuel Tank 
installed pursuant to a field approval, unless the following 
requirements are met:
    (1) The person complies with 14 CFR 26.35 by the applicable date 
stated in that section.
    (2) The person installs Flammability Impact Mitigation Means (FIMM), 
if applicable, that is approved by the FAA Oversight Office.
    (3) Except in accordance with Sec. 125.201, the FIMM, if 
applicable, are operational.
    (d) Retrofit. Except as provided in paragraph (j) of this section, 
after the dates specified in paragraph (e) of this section, no person 
may operate an airplane to which this section applies unless the 
requirements of paragraphs (d)(1) and (d)(2) of this section are met.
    (1) Ignition Mitigation Means (IMM), Flammability Reduction Means 
(FRM), or FIMM, if required by Sec. Sec. 26.33, 26.35, or 26.37 of this 
chapter, that are approved by the FAA Oversight Office, are installed 
within the compliance times specified in paragraph (e) of this section.
    (2) Except in accordance with Sec. 125.201 of this part, the IMM, 
FRM or FIMM, as applicable, are operational.
    (e) Compliance Times. The installations required by paragraph (d) of 
this section must be accomplished no later than the applicable dates 
specified in paragraph (e)(1), (e)(2) or (e)(3) of this section.
    (1) Fifty percent of each person's fleet of airplanes subject to 
paragraph (d)(1) of this section must be modified no later than 
September 19, 2014.
    (2) One hundred percent of each person's fleet of airplanes subject 
to paragraph (d)(1) of this section must be modified no later than 
September 19, 2017.
    (3) For those persons that have only one airplane of a model 
identified in Table 1 of this section, the airplane must be modified no 
later than September 19, 2017.
    (f) Compliance after Installation. Except in accordance with Sec. 
125.201, no person may--
    (1) Operate an airplane on which IMM or FRM has been installed 
before the dates specified in paragraph (e) of this section unless the 
IMM or FRM is operational, or
    (2) Deactivate or remove an IMM or FRM once installed unless it is 
replaced by a means that complies with paragraph (d) of this section.
    (g) Inspection Program Revisions. No person may operate an airplane 
for which airworthiness limitations have been approved by the FAA 
Oversight Office in accordance with Sec. Sec. 26.33, 26.35, or 26.37 of 
this chapter after the airplane is modified in accordance with paragraph 
(d) of this section unless the inspection program for that airplane is 
revised to include those applicable airworthiness limitations.
    (h) After the inspection program is revised as required by paragraph 
(g) of this section, before returning an airplane to service after any 
alteration for which airworthiness limitations are required by 
Sec. Sec. 25.981, 26.33, 26.35, or 26.37 of this chapter, the person 
must revise the inspection program for the airplane to include those 
airworthiness limitations.
    (i) The inspection program changes identified in paragraphs (g) and 
(h) of this section must be submitted to the operator's assigned Flight 
Standards Office responsible for review and approval prior to 
incorporation.
    (j) The requirements of paragraph (d) of this section do not apply 
to airplanes operated in all-cargo service, but those airplanes are 
subject to paragraph (f) of this section.
    (k) After the date by which any person is required by this section 
to modify 100 percent of the affected fleet, no person may operate in 
passenger service any airplane model specified in Table 2 of this 
section unless the airplane has been modified to comply with Sec. 
26.33(c) of this chapter.
    (l) No person may operate any airplane on which an auxiliary fuel 
tank is installed after September 19, 2017 unless the FAA has certified 
the tank as

[[Page 336]]

compliant with Sec. 25.981 of this chapter, in effect on September 19, 
2008.
    (m) Exclusions. The requirements of this section do not apply to the 
following airplane models:
    (1) Convair CV-240, 340, 440, including turbine powered conversions.
    (2) Lockheed L-188 Electra.
    (3) Vickers Armstrong Viscount.
    (4) Douglas DC-3, including turbine powered conversions.
    (5) Bombardier CL-44.
    (6) Mitsubishi YS-11.
    (7) BAC 1-11.
    (8) Concorde.
    (9) deHavilland D.H. 106 Comet 4C.
    (10) VFW--Vereinigte Flugtechnische VFW-614.
    (11) Illyushin Aviation IL 96T.
    (12) Vickers Armstrong Viscount.
    (13) Bristol Aircraft Britannia 305.
    (14) Handley Page Handley Page Herald Type 300.
    (15) Avions Marcel Dassault--Breguet Aviation Mercure 100C.
    (16) Airbus Caravelle.
    (17) Fokker F-27/Fairchild Hiller FH-227.
    (18) Lockheed L-300.

[Doc. No. FAA-2005-22997, 73 FR 42502, July 21, 2008]



       Sec. Appendix A to Part 125--Additional Emergency Equipment

    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more that 6 
feet from the ground with the airplane on the ground and the landing 
gear extended must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings. However, if the 
Administrator finds that the design of the exit makes compliance 
impractical, the Administrator may grant a deviation from the 
requirement of automatic deployment if the assisting means automatically 
erects upon deployment and, with respect to required emergency exits, if 
an emergency evacuation demonstration is conducted in accordance with 
Sec. 125.189. This paragraph does not apply to the rear window 
emergency exit of DC-3 airplanes operated with less than 36 occupants, 
including crewmembers, and less than five exits authorized for passenger 
use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and means of 
opening must be conspicuously marked. The identity and location of each 
passenger emergency exit must be recognizable from a distance equal to 
the width of the cabin. The location of each passenger emergency exit 
must be indicated by a sign visible to occupants approaching along the 
main passenger aisle. There must be a locating sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 25.812(b) of this chapter in effect on April 30, 
1972. On these airplanes, no sign may continue to be used if its 
luminescence (brightness) decreases to below 100 microlamberts. The 
colors may be reversed if it increases the emergency illumination of the 
passenger compartment. However, the Administrator may authorize 
deviation from the 2-inch background requirements if the Administrator 
finds that special circumstances exist that make compliance impractical 
and that the proposed deviation provides an equivalent level of safety.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
interior emergency exit marking requirements under which the airplane 
was type certificated. On these airplanes, no sign may continue to be 
used if its luminescence (brightness) decreases to below 250 
microlamberts.
    (c) Lighting for interior emergency exit markings. Each passenger-
carrying airplane must have an emergency lighting system, independent of 
the main lighting system. However, sources of general cabin illumination 
may be common to both the emergency and

[[Page 337]]

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.
    (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

[[Page 338]]

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.



  Sec. 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.

[[Page 339]]

    (7) A representative passenger load of persons in normal health must 
be used. At least 30 percent must be females. At least 5 percent must be 
over 60 years of age with a proportionate number of females. At least 5 
percent, but not more than 10 percent, must be children under 12 years 
of age, prorated through that age group. Three life-size dolls, not 
included as part of the total passenger load, must be carried by 
passengers to simulate live infants 2 years old or younger. Crewmembers, 
mechanics, and training personnel who maintain or operate the airplane 
in the normal course of their duties may not be used as passengers.
    (8) No passenger may be assigned a specific seat except as the 
Administrator may require. Except as required by item (12) of this 
paragraph, no employee of the certificate holder may be seated next to 
an emergency exit.
    (9) Seat belts and shoulder harnesses (as required) must be 
fastened.
    (10) Before the start of the demonstration, approximately one-half 
of the total average amount of carry-on baggage, blankets, pillows, and 
other similar articles must be distributed at several locations in the 
aisles and emergency exit access ways to create minor obstructions.
    (11) The seating density and arrangement of the airplane must be 
representative of the highest capacity passenger version of that 
airplane the certificate holder operates or proposes to operate.
    (12) Each crewmember must be a member of a regularly scheduled line 
crew, must be seated in that crewmember's normally assigned seat for 
takeoff, and must remain in that seat until the signal for commencement 
of the demonstration is received.
    (13) No crewmember or passenger may be given prior knowledge of the 
emergency exits available for the demonstration.
    (14) The certificate holder may not practice, rehearse, or describe 
the demonstration for the participants nor may any participant have 
taken part in this type of demonstration within the preceding 6 months.
    (15) The pretakeoff passenger briefing required by Sec. 125.327 may 
be given in accordance with the certificate holder's manual. The 
passengers may also be warned to follow directions of crewmembers, but 
may not be instructed on the procedures to be followed in the 
demonstration.
    (16) If safety equipment as allowed by item (3) of this section is 
provided, either all passenger and cockpit windows must be blacked out 
or all of the emergency exits must have safety equipment to prevent 
disclosure of the available emergency exits.
    (17) Not more than 50 percent of the emergency exits in the sides of 
the fuselage of an airplane that meet all of the requirements applicable 
to the required emergency exits for that airplane may be used for the 
demonstration. Exits that are not to be used in the demonstration must 
have the exit handle deactivated or must be indicated by red lights, red 
tape or other acceptable means, placed outside the exits to indicate 
fire or other reason that they are unusable. The exits to be used must 
be representative of all of the emergency exits on the airplane and must 
be designated by the certificate holder, subject to approval by the 
Administrator. At least one floor level exit must be used.
    (18) All evacuees, except those using an over-the-wing exit, must 
leave the airplane by a means provided as part of the airplane's 
equipment.
    (19) The certificate holder's approved procedures and all of the 
emergency equipment that is normally available, including slides, ropes, 
lights, and megaphones, must be fully utilized during the demonstration.
    (20) The evacuation time period is completed when the last occupant 
has evacuated the airplane and is on the ground. Evacuees using stands 
or ramps allowed by item (3) above are considered to be on the ground 
when they are on the stand or ramp: Provided, That the acceptance rate 
of the stand or ramp is no greater than the acceptance rate of the means 
available on the airplane for descent from the wing during an actual 
crash situation.
    (b) Ditching demonstration. The demonstration must assume that 
daylight hours exist outside the airplane and that all required 
crewmembers are available for the demonstration.
    (1) If the certificate holder's manual requires the use of 
passengers to assist in the launching of liferafts, the needed 
passengers must be aboard the airplane and participate in the 
demonstration according to the manual.
    (2) A stand must be placed at each emergency exit and wing with the 
top of the platform at a height simulating the water level of the 
airplane following a ditching.
    (3) After the ditching signal has been received, each evacuee must 
don a life vest according to the certificate holder's manual.
    (4) Each liferaft must be launched and inflated according to the 
certificate holder's manual and all other required emergency equipment 
must be placed in rafts.
    (5) Each evacuee must enter a liferaft and the crewmembers assigned 
to each liferaft must indicate the location of emergency equipment 
aboard the raft and describe its use.
    (6) Either the airplane, a mockup of the airplane, or a floating 
device simulating a passenger compartment must be used.
    (i) If a mockup of the airplane is used, it must be a life-size 
mockup of the interior and representative of the airplane currently used 
by or proposed to be used by the certificate holder and must contain 
adequate seats for use of the evacuees. Operation of the

[[Page 340]]

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.



               Sec. 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.



   Sec. 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.
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.................  ..................

[[Page 341]]

 
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.


[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]



  Sec. 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).

[[Page 342]]

 
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       Full range............    0.5 or 0.25 for        0.5% of full range...  For airplanes that
 (nonfly-by-wire systems) \18\.                               2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control breakaway
                                                              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.
12b. Pitch control(s) position (fly- Full range............    0.5 or 0.25 for        0.2% of full range...
 by-wire systems) \3 18\.                                     2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               125.226(f).
13a. Lateral control position(s)     Full range............    0.5 or 0.25 for        0.2% of full range...  For airplanes that
 (nonfly-by-wire) \18\.                                       2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control break away
                                                              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.

[[Page 343]]

 
13b. Lateral control position(s)     Full range............    0.5 or 0.25 for        0.2% of full range...
 (fly-by-wire) \4 18\.                                        2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               125.226(f).
14a.Yaw control position(s) (nonfly- Full range............    0.5..................  0.3% of full range...  For airplanes that
 by-wire) \5 18\.                                             2[deg] unless higher                                                  have a flight
                                                              accuracy uniquely                                                     control breakaway
                                                              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............    0.5..................  0.2% of full range...
 by-wire) \18\.                                               2[deg] unless higher
                                                              accuracy uniquely
                                                              required.
15. Pitch control surface(s)         Full range............    0.5 or 0.25 for        0.3% of full range...  For airplanes fitted
 position \6 18\.                                             2[deg] unless higher    airplanes operated                            with multiple or
                                                              accuracy uniquely       under Sec.                                   split surfaces, a
                                                              required.               125.226(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, as applicable.
16. Lateral control surface(s)       Full Range............    0.5 or 0.25 for        0.2% of full range...  A suitable
 position \7 18\.                                             2[deg] unless higher    airplanes operated                            combination of
                                                              accuracy uniquely       under Sec.                                   surface position
                                                              required.               125.226(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, as applicable.
17. Yaw control surface(s) position  Full range............    0.5..................  0.2% of full range...  For airplanes fitted
 \8 18\.                                                      2[deg] unless higher                                                  with multiple or
                                                              accuracy uniquely                                                     split surfaces, a
                                                              required.                                                             suitable 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 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.

[[Page 344]]

 
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        1 or 0.5 for           0.2% of full range...
 Speed Brake Selection \12\.          Position (discrete).    2[deg] Unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               125.226(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).
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.

[[Page 345]]

 
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%.
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%.

[[Page 346]]

 
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%.
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%.

[[Page 347]]

 
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%.
88. All cockpit flight control       Full range Control        1....................  0.3% of full range...  For fly-by-wire
 input forces (control wheel,         wheel  70 lbs.                                                                               systems, where
                                      Control column  85                                                                           surface position is
                                      lbs. Rudder pedal                                                                             a function of the
                                       165 lbs.                                                                                  control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    breakaway capability
                                                                                                                                    that allows 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])

[[Page 348]]

 
\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%.
\18\ For all aircraft manufactured on or after April 7, 2010, the seconds per sampling interval is 0.125. Each input must be recorded at this rate.
  Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.


[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 125-32, 64 FR 46121, Aug. 24, 1999; 65 FR 
2295, Jan. 14, 2000; Amdt. 125-32, 65 FR 2295, Jan. 14, 2000; Amdt. 125-
34, 65 FR 51745, Aug. 24, 2000; 65 FR 81735, Dec. 27, 2000; Amdt. 125-
39, 67 FR 54323, Aug. 21, 2002; Amdt. 125-42, 68 FR 42937, July 18, 
2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; Amdt. 
125-54, 73 FR 12568, Mar. 7, 2008]

    Effective Date Note: At 73 FR 73180, Dec. 2, 2008, appendix E to 
part 125 was amended by revising item 88, and adding items 89 through 91 
and footnote 19, effective Feb. 2, 2009. For the convenience of the 
user, the added and revised text is set forth as follows:



  Sec. Appendix E to Part 125--Airplane Flight Recorder Specifications

                                * * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Seconds
                                                     Accuracy          per
          Parameter                  Range        (sensor input)    sampling      Resolution         Remarks
                                                                    interval
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
88. All cockpit flight         Full range        5%.                    range.            flight control
 (control wheel, control        70 lbs.                                                    flight control
                               Control column                                                     surface
                                85 lbs.                                                    function of
                               Rudder pedal                                                       the
                                165 lbs.                                                   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.
89. Yaw damper status........  Discrete (on/     0.5.............
                                off).
90. Yaw damper command.......  Full range......  As installed....         0.5  1% of full range
91. Standby rudder valve       Discrete........  0.5.............
 status.
----------------------------------------------------------------------------------------------------------------
\18\ For all aircraft manufactured on or after April 7, 2010, the seconds per sampling interval is 0.125. Each
  input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval
  is prohibited.

[[Page 349]]

 
\19\ For all 737 model airplanes manufactured between August 19, 2000, and April 6, 2010: The seconds per
  sampling interval is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single
  control wheel force transducer installed on the left cable control is acceptable provided the left and right
  control wheel positions also are recorded.



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]

                            Subpart A_General

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.
129.17 Aircraft communication and navigation equipment for operations 
          under IFR or over the top.
129.18 Collision Avoidance System.
129.19 Air traffic rules and procedures.
129.20 Digital flight data recorders.
129.21 Control of traffic.
129.22 Communication and navigation equipment for rotorcraft operations 
          under VFR over routes navigated by pilotage.
129.23 Transport category cargo service airplanes: Increased zero fuel 
          and landing weights.
129.24 Cockpit voice recorders.
129.25 Airplane security.
129.28 Flightdeck security.
129.29 Smoking prohibitions.

        Subpart B_Continued Airworthiness and Safety Improvements

129.101 Purpose and definition.
129.103 [Reserved]
129.105 Aging airplane inspections and records reviews for U.S.- 
          registered multiengine aircraft.
129.107 Repairs assessment for pressurized fuselages.
129.109 Supplemental inspections for U.S.-registered aircraft.
129.111 Electrical wiring interconnection systems (EWIS) maintenance 
          program.
129.113 Fuel tank system maintenance program.
129.117 Flammability reduction means.

Appendix A to Part 129--Application for Operations Specifications by 
          Foreign Air Carriers

    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.



             Sec. 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. 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, 129.24, 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, as amended by Amdt. 
129-43, 72 FR 63413, Nov. 8, 2007; Amdt. 129-45, 73 FR 12570, Mar. 7, 
2008]

[[Page 350]]



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 markings 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; 72 FR 
7740, Feb. 20, 2007]



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

[[Page 351]]

program and approved aircraft minimum equipment list to the FAA office 
prescribed in paragraph (b)(2) of this section for review and 
evaluation. The foreign operator must show that it is capable of 
operating under the lessor's approved maintenance program and that it is 
also capable of meeting the maintenance and operational requirements 
specified in the lessor's approved minimum equipment list.
    (4) The FAA letter of authorization permitting the operator to use 
an approved minimum equipment list is carried aboard the aircraft. The 
minimum equipment list and the letter of authorization constitute a 
supplemental type certificate for the aircraft.
    (5) The approved minimum equipment list provides for the operation 
of the aircraft with certain instruments and equipment in an inoperable 
condition.
    (6) The aircraft records available to the pilot must include an 
entry describing the inoperable instruments and equipment.
    (7) The aircraft is operated under all applicable conditions and 
limitations contained in the minimum equipment list and the letter 
authorizing the use of the list.

[Doc. No. 24856, 52 FR 20029, May 28, 1987]



Sec. 129.15  Flight crewmember certificates.

    No person may act as a flight crewmember unless he holds a current 
certificate or license issued or validated by the country in which that 
aircraft is registered, showing his ability to perform his duties 
connected with operating that aircraft.

[Doc. No. 7084, 30 FR 16074, Dec. 24, 1965]



Sec. 129.17  Aircraft communication and navigation equipment for operations 

under IFR or over the top.

    (a) Aircraft navigation equipment requirements--General. No foreign 
air carrier may conduct operations under IFR or over the top unless--
    (1) The en route navigation aids necessary for navigating the 
aircraft along the route (e.g., ATS routes, arrival and departure 
routes, and instrument approach procedures, including missed approach 
procedures if a missed approach routing is specified in the procedure) 
are available and suitable for use by the aircraft navigation equipment 
required by this section;
    (2) The aircraft used in those operations is equipped with at least 
the following--
    (i) Except as provided in paragraph (c) of this section, two 
approved independent navigation systems suitable for navigating the 
aircraft along the route to be flown within the degree of accuracy 
required for ATC;
    (ii) One marker beacon receiver providing visual and aural signals; 
and
    (iii) One ILS receiver; and
    (3) Any RNAV system used to meet the navigation equipment 
requirements of this section is authorized in the foreign air carrier's 
operations specifications.
    (b) Aircraft communication equipment requirements. No foreign air 
carrier may operate an aircraft under IFR or over the top, unless it is 
equipped with--
    (1) At least two independent communication systems necessary under 
normal operating conditions to fulfill the functions specified in Sec. 
121.347(a) of this chapter; and
    (2) At least one of the communication systems required by paragraph 
(b)(1) of this section must have two-way voice communication capability.
    (c) Use of a single independent navigation system for operations 
under IFR or over the top. Notwithstanding the requirements of paragraph 
(a)(2)(i) of this section, the aircraft may be equipped with a single 
independent navigation system suitable for navigating the aircraft along 
the route to be flown within the degree of accuracy required for ATC if:
    (1) It can be shown that the aircraft is equipped with at least one 
other independent navigation system suitable, in the event of loss of 
the navigation capability of the single independent navigation system 
permitted by this paragraph at any point along the route, for proceeding 
safely to a suitable airport and completing an instrument approach; and
    (2) The aircraft has sufficient fuel so that the flight may proceed 
safely to a suitable airport by use of the remaining navigation system, 
and complete an instrument approach and land.

[[Page 352]]

    (d) VOR navigation equipment. If VOR navigation equipment is 
required by paragraph (a) or (c) of this section, no foreign air carrier 
may operate an aircraft unless it is equipped with at least one approved 
DME or suitable RNAV system.

[Doc. No. FAA-2002-14002, 72 FR 31683, June 7, 2007]



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:

                       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 must furnish sufficient personnel necessary to 
provide two-way voice communications between its aircraft and stations 
at places where the FAA finds that communication is necessary but cannot 
be maintained in a language with which station operators are familiar.
    (b) Each person furnished by a foreign air carrier under paragraph 
(a) of this section must be able to speak English and the language 
necessary to maintain communications with its aircraft and must assist 
station operators in directing traffic.

[Doc. No. FAA-2002-14002, 72 FR 31683, June 7, 2007]



Sec. 129.22  Communication and navigation equipment for rotorcraft operations 

under VFR over routes navigated by pilotage.

    (a) No foreign air carrier may operate a rotorcraft under VFR over 
routes

[[Page 353]]

that can be navigated by pilotage unless the rotorcraft is equipped with 
the radio communication equipment necessary under normal operating 
conditions to fulfill the following:
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Communicate with appropriate air traffic control facilities from 
any point within Class B, Class C, or Class D airspace, or within a 
Class E surface area designated for an airport in which flights are 
intended; and
    (3) Receive meteorological information from any point en route.
    (b) No foreign air carrier may operate a rotorcraft at night under 
VFR over routes that can be navigated by pilotage unless that rotorcraft 
is equipped with--
    (1) Radio communication equipment necessary under normal operating 
conditions to fulfill the functions specified in paragraph (a) of this 
section; and
    (2) Navigation equipment suitable for the route to be flown.

[Doc. No. FAA-2002-14002, 72 FR 31683, June 7, 2007]



Sec. 129.23  Transport category cargo service airplanes: Increased zero fuel 

and landing weights.

    (a) Notwithstanding the applicable structural provisions of the 
transport category airworthiness regulations, but subject to paragraphs 
(b) through (g) of this section, a foreign air carrier may operate (for 
cargo service only) any of the following transport category airplanes 
(certificated under part 4b of the Civil Air Regulations effective 
before March 13, 1956) at increased zero fuel and landing weights--
    (1) DC-6A, DC-6B, DC-7B, and DC-7C; and
    (2) L-1049 B, C, D, E, F, G, and H, and the L-1649A when modified in 
accordance with supplemental type certificate SA 4-1402.
    (b) The zero fuel weight (maximum weight of the airplane with no 
disposable fuel and oil) and the structural landing weight may be 
increased beyond the maximum approved in full compliance with applicable 
rules only if the Administrator finds that--
    (1) The increase is not likely to reduce seriously the structural 
strength;
    (2) The probability of sudden fatigue failure is not noticeably 
increased;
    (3) The flutter, deformation, and vibration characteristics do not 
fall below those required by applicable regulations; and
    (4) All other applicable weight limitations will be met.
    (c) No zero fuel weight may be increased by more than five percent, 
and the increase in the structural landing weight may not exceed the 
amount, in pounds, of the increase in zero fuel weight.
    (d) Each airplane must be inspected in accordance with the approved 
special inspection procedures, for operations at increased weights, 
established and issued by the manufacturer of the type of airplane.
    (e) A foreign air carrier may not operate an airplane under this 
section unless the country of registry requires the airplane to be 
operated in accordance with the passenger-carrying transport category 
performance operating limitations in part 121 or the equivalent.
    (f) The Airplane Flight Manual for each airplane operated under this 
section must be appropriately revised to include the operating 
limitations and information needed for operation at the increased 
weights.
    (g) Each airplane operated at an increased weight under this section 
must, before it is used in passenger service, be inspected under the 
special inspection procedures for return to passenger service 
established and issued by the manufacturer and approved by the 
Administrator.

[Doc. No. 6403, 29 FR 19098, Dec. 30, 1964]



Sec. 129.24  Cockpit voice recorders.

    No person may operate an aircraft under this part that is registered 
in the United States unless it is equipped with an approved cockpit 
voice recorder that meets the standards of TSO-C123a, or later revision. 
The cockpit voice recorder must record the information that would be 
required to be recorded if the aircraft were operated

[[Page 354]]

under part 121, 125, or 135 of this chapter, and must be installed by 
the compliance times required by that part, as applicable to the 
aircraft.

[Doc. No. FAA-2005-20245, 73 FR 12570, Mar. 7, 2008]



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 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

[[Page 355]]

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]



        Subpart B_Continued Airworthiness and Safety Improvements



Sec. 129.101  Purpose and definition.

    (a) This subpart requires a foreign person or foreign air carrier 
operating a U.S. registered airplane in common carriage to support the 
continued airworthiness of each airplane. These requirements may 
include, but are not limited to, revising the maintenance program, 
incorporating design changes, and incorporating revisions to 
Instructions for Continued Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is 
the aircraft certification office or office of the Transport Airplane 
Directorate with oversight responsibility for the relevant type 
certificate or supplemental type certificate, as determined by the 
Administrator.

[Amdt. 129-43, 72 FR 63413, Nov. 8, 2007]



Sec. 129.103  [Reserved]



Sec. 129.105  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 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.

[[Page 356]]

    (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 time in service 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 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;
    (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, as amended by Amdt. 
129-34, 70 FR 5533, Feb. 2, 2005; Amdt. 129-41, 70 FR 23936, May 6, 
2005. Redesignated by Amdt. 129-43, 72 FR 63413, Nov. 8, 2007]



Sec. 129.107  Repairs assessment for pressurized fuselages.

    (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 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.

[[Page 357]]

    (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) [Reserved]

[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. 
Redesignated and amended by Amdt. 129-43, 72 FR 63413, Nov. 8, 2007]



Sec. 129.109  Supplemental inspections for U.S.-registered aircraft.

    (a) Applicability. This section applies to U.S.-registered, 
transport category, turbine powered airplanes with a type certificate 
issued after January 1, 1958 that as a result of original type 
certification or later increase in capacity have--
    (1) A maximum type certificated passenger seating capacity of 30 or 
more; or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) General requirements. After December 20, 2010, a certificate 
holder may not operate an airplane under this part unless the following 
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance program 
for the airplane includes FAA-approved damage-tolerance-based 
inspections and procedures for airplane structure susceptible to fatigue 
cracking that could contribute to a catastrophic failure. For the 
purpose of this section, this structure is termed ``fatigue critical 
structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The 
maintenance program for the airplane includes a means for addressing the 
adverse effects repairs, alterations, and modifications may have on 
fatigue critical structure and on inspections required by paragraph 
(b)(1) of this section. The means for addressing these adverse effects 
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the 
maintenance program required by paragraph (b)(1) and (b)(2) of this 
section, and any later revisions to these changes, must be submitted to 
the Principal Maintenance Inspector for review and approval.

[Doc. No. FAA-1999-5401, 70 FR 5532, Feb. 2, 2005. Redesignated by Amdt. 
129-43, 72 FR 63413, Nov. 8, 2007; Amdt. 129-44, 72 FR 70508, Dec. 12, 
2007]



Sec. 129.111  Electrical wiring interconnection systems (EWIS) maintenance 

program.

    (a) Except as provided in paragraph (f) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) After March 10, 2011, no foreign person or foreign air carrier 
may operate a U.S.-registered airplane identified in paragraph (a) of 
this section unless the maintenance program for that airplane includes 
inspections and procedures for EWIS.
    (c) The proposed EWIS maintenance program changes must be based on 
EWIS Instructions for Continued Airworthiness (ICA) that have been 
developed in accordance with the provisions of Appendix H of part 25 of 
this chapter

[[Page 358]]

applicable to each affected airplane (including those ICA developed for 
supplemental type certificates installed on each airplane) and that have 
been approved by the FAA Oversight Office.
    (1) For airplanes subject to Sec. 26.11 of this chapter, the EWIS 
ICA must comply with paragraphs H25.5(a)(1) and (b).
    (2) For airplanes subject to Sec. 25.1729 of this chapter, the EWIS 
ICA must comply with paragraph H25.4 and all of paragraph H25.5.
    (d) After March 10, 2011, before returning a U.S.-registered 
airplane to service after any alterations for which EWIS ICA are 
developed, the foreign person or foreign air carrier must include in the 
maintenance program for that airplane inspections and procedures for 
EWIS based on those ICA.
    (e) The EWIS maintenance program changes identified in paragraphs 
(c) and (d) of this section and any later EWIS revisions must be 
submitted to the Principal Inspector or Flight Standards International 
Field Office responsible for review and approval.
    (f) This section does not apply to the following airplane models:

(1) Lockheed L-188
(2) Bombardier CL-44
(3) Mitsubishi YS-11
(4) British Aerospace BAC 1-11
(5) Concorde
(6) deHavilland D.H. 106 Comet 4C
(7) VFW-Vereinigte Flugtechnische Werk VFW-614
(8) Illyushin Aviation IL 96T
(9) Bristol Aircraft Britannia 305
(10) Handley Page Herald Type 300
(11) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(12) Airbus Caravelle
(13) Lockheed L-300

[Amdt. 129-43, 72 FR 63413, Nov. 8, 2007]



Sec. 129.113  Fuel tank system maintenance program.

    (a) Except as provided in paragraph (g) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) For each U.S.-registered airplane on which an auxiliary fuel 
tank is installed under a field approval, before June 16, 2008, the 
foreign person or foreign air carrier operating the airplane must submit 
to the FAA Oversight Office proposed maintenance instructions for the 
tank that meet the requirements of Special Federal Aviation Regulation 
No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no foreign person or foreign air 
carrier may operate a U.S.-registered airplane identified in paragraph 
(a) of this section unless the maintenance program for that airplane has 
been revised to include applicable inspections, procedures, and 
limitations for fuel tank systems.
    (d) The proposed fuel tank system maintenance program revisions must 
be based on fuel tank system Instructions for Continued Airworthiness 
(ICA) that have been developed in accordance with the applicable 
provisions of SFAR 88 of this chapter or Sec. 25.1529 and part 25, 
Appendix H, of this chapter, in effect on June 6, 2001 (including those 
developed for auxiliary fuel tanks, if any, installed under supplemental 
type certificates or other design approval) and that have been approved 
by the FAA Oversight Office.
    (e) After December 16, 2008, before returning a U.S.-registered 
airplane to service after any alteration for which fuel tank ICA are 
developed under SFAR 88, or under Sec. 25.1529 in effect on June 6, 
2001, the foreign person or foreign air carrier must include in the 
maintenance program for the airplane inspections and procedures for the 
fuel tank system based on those ICA.
    (f) The fuel tank system maintenance program changes identified in 
paragraphs (d) and (e) of this section and any later fuel tank system 
revisions must be submitted to the Principal Inspector or Flight 
Standards International Field Office responsible for review and 
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614

[[Page 359]]

(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300

[Amdt. 129-43, 72 FR 63413, Nov. 8, 2007]



Sec. 129.117  Flammability reduction means.

    (a) Applicability. Except as provided in paragraph (o) of this 
section, this section applies to U.S.-registered transport category, 
turbine-powered airplanes with a type certificate issued after January 
1, 1958, that as a result of original type certification or later 
increase in capacity have:
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) New Production Airplanes. Except in accordance with Sec. 
129.14, no foreign air carrier or foreign person may operate an airplane 
identified in Table 1 of this section (including all-cargo airplanes) 
for which application is made for original certificate of airworthiness 
or export airworthiness approval after September 20, 2010 unless an 
Ignition Mitigation Means (IMM) or Flammability Reduction Means (FRM) 
meeting the requirements of Sec. 26.33 of this chapter is operational.

                                 Table 1
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A330, A340 Series
777 Series
767 Series
------------------------------------------------------------------------

    (c) Auxiliary Fuel Tanks. After the applicable date stated in 
paragraph (e) of this section, no foreign air carrier or foreign person 
may operate any airplane subject Sec. 26.33 of this chapter that has an 
Auxiliary Fuel Tank installed pursuant to a field approval, unless the 
following requirements are met:
    (1) The foreign air carrier or foreign person complies with 14 CFR 
26.35 by the applicable date stated in that section.
    (2) The foreign air carrier or foreign person installs Flammability 
Impact Mitigation Means (FIMM), if applicable, that are approved by the 
FAA Oversight Office.
    (3) Except in accordance with Sec. 129.14, the FIMM, if applicable, 
are operational.
    (d) Retrofit. After the dates specified in paragraphs (j), (k), and 
(l) of this section, after the dates specified in paragraph (e) of this 
section, no foreign air carrier or foreign person may operate an 
airplane to which this section applies unless the requirements of 
paragraphs (d)(1) and (d)(2) of this section are met.
    (1) IMM, FRM or FIMM, if required by Sec. Sec. 26.33, 26.35, or 
26.37 of this chapter, that are approved by the FAA Oversight Office, 
are installed within the compliance times specified in paragraph (e) of 
this section.
    (2) Except in accordance with Sec. 129.14, the IMM, FRM or FIMM, as 
applicable, are operational.
    (e) Compliance Times. Except as provided in paragraphs (k) and (l) 
of this section, the installations required by paragraph (d) of this 
section must be accomplished no later than the applicable dates 
specified in paragraph (e)(1) or (e)(2) of this section.
    (1) Fifty percent of each foreign air carrier or foreign person's 
fleet identified in paragraph (d)(1) of this section must be modified no 
later than September 19, 2014.
    (2) One hundred percent of each foreign air carrier or foreign 
person's fleet of airplanes subject to paragraph (d)(1) or this section 
must be modified no later than September 19, 2017.
    (3) For those foreign air carriers or foreign persons that have only 
one airplane for a model identified in Table 1, the airplane must be 
modified no later than September 19, 2017.
    (f) Compliance after Installation. Except in accordance with Sec. 
129.14, no person may--
    (1) Operate an airplane on which IMM or FRM has been installed 
before the dates specified in paragraph (e) of this section unless the 
IMM or FRM is operational.
    (2) Deactivate or remove an IMM or FRM once installed unless it is 
replaced by a means that complies with paragraph (d) of this section.
    (g) Maintenance Program Revisions. No foreign air carrier or foreign 
person

[[Page 360]]

may operate an airplane for which airworthiness limitations have been 
approved by the FAA Oversight Office in accordance with Sec. Sec. 
26.33, 26.35, or 26.37 of this chapter after the airplane is modified in 
accordance with paragraph (d) of this section unless the maintenance 
program for that airplane is revised to include those applicable 
airworthiness limitations.
    (h) After the maintenance program is revised as required by 
paragraph (g) of this section, before returning an airplane to service 
after any alteration for which airworthiness limitations are required by 
Sec. Sec. 25.981, 26.33, 26.35, or 26.37 of this chapter, the foreign 
person or foreign air carrier must revise the maintenance program for 
the airplane to include those airworthiness limitations.
    (i) The maintenance program changes identified in paragraphs (g) and 
(h) of this section must be submitted to the operator's assigned Flight 
Standards Office or Principal Inspector for review and approval prior to 
incorporation.
    (j) The requirements of paragraph (d) of this section do not apply 
to airplanes operated in all-cargo service, but those airplanes are 
subject to paragraph (f) of this section.
    (k) The compliance dates specified in paragraph (e) of this section 
may be extended by one year, provided that--
    (1) No later than December 18, 2008, the foreign air carrier or 
foreign person notifies its assigned Flight Standards Office or 
Principal Inspector that it intends to comply with this paragraph;
    (2) No later than March 18, 2009, the foreign air carrier or foreign 
person applies for an amendment to its operations specifications in 
accordance with Sec. 129.11 to include a requirement for the airplane 
models specified in Table 2 of this section to use ground air 
conditioning systems for actual gate times of more than 30 minutes, when 
available at the gate and operational, whenever the ambient temperature 
exceeds 60 degrees Fahrenheit; and
    (3) Thereafter, the certificate holder uses ground air conditioning 
systems as described in paragraph (k)(2) of this section on each 
airplane subject to the extension.

                                 Table 2
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A300, A310 Series
777 Series                               A330, A340 Series
767 Series
757 Series
------------------------------------------------------------------------

    (l) For any foreign air carrier or foreign person for which the 
operating certificate is issued after September 19, 2008, the compliance 
date specified in paragraph (e) of this section may be extended by one 
year, provided that the foreign air carrier or foreign person meets the 
requirements of paragraph (k)(2) of this section when its initial 
operations specifications are issued and, thereafter, uses ground air 
conditioning systems as described in paragraph (k)(2) of this section on 
each airplane subject to the extension.
    (m) After the date by which any person is required by this section 
to modify 100 percent of the affected fleet, no person may operate in 
passenger service any airplane model specified in Table 2 of this 
section unless the airplane has been modified to comply with Sec. 
26.33(c) of this chapter.

                                 Table 3
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A300, A310 Series
777 Series                               A330, A340 Series
767 Series
757 Series
707/720 Series
------------------------------------------------------------------------

    (n) No foreign air carrier or foreign person may operate any 
airplane on which an auxiliary fuel tank is installed after September 
19, 2017 unless the FAA has certified the tank as compliant with Sec. 
25.981 of this chapter, in effect on September 19, 2008.
    (o) Exclusions. The requirements of this section do not apply to the 
following airplane models:
    (1) Convair CV-240, 340, 440, including turbine powered conversions.
    (2) Lockheed L-188 Electra.
    (3) Vickers Armstrong Viscount.
    (4) Douglas DC-3, including turbine powered conversions.
    (5) Bombardier CL-44.
    (6) Mitsubishi YS-11.
    (7) BAC 1-11.
    (8) Concorde.

[[Page 361]]

    (9) deHavilland D.H. 106 Comet 4C.
    (10) VFW--Vereinigte Flugtechnische VFW-614.
    (11) Illyushin Aviation IL 96T.
    (12) Vickers Armstrong Viscount.
    (13) Bristol Aircraft Britannia 305.
    (14) Handley Page Handley Page Herald Type 300.
    (15) Avions Marcel Dassault--Breguet Aviation Mercure 100C.
    (16) Airbus Caravelle.
    (17) Fokker F-27/Fairchild Hiller FH-227.
    (18) Lockheed L-300.

[Doc. No. FAA-2005-22997, 73 FR 42503, July 21, 2008]



 Sec. Appendix A to Part 129--Application for Operations Specifications 
                         by Foreign Air Carriers

    (a) General. Each application must be executed by an authorized 
officer or employee of the applicant having knowledge of the matter set 
forth therein, and must have attached thereto two copies of the 
appropriate written authority issued to that officer or employee by the 
applicant. Negotiations for permission to use airports under U.S. 
military jurisdiction is effected through the respective embassy of the 
foreign government and the United States Department of State.
    (b) Format of application. The following outline must be followed in 
completing the information to be submitted in the application.

      Application for Foreign Air Carrier Operations Specifications

                                (outline)

    In accordance with the Federal Aviation Act of 1958 (49 U.S.C. 1372) 
and part 129 of the Federal Air Regulations, application is hereby made 
for the issuance of Foreign Operations Specifications.
    Give exact name and full post office address of applicant.
    Give the name, title, and post office address (within the United 
States if possible) of the official or employee to whom correspondence 
in regard to the application is to be addressed.
    Unless otherwise specified, the applicant must submit the following 
information only with respect to those parts of his proposed operations 
that will be conducted within the United States.
    Section I. Operations. State whether the operation proposed is day 
or night, visual flight rules, instrument flight rules, or a particular 
combination thereof.
    Sec. II. Operational plans. State the route by which entry will be 
made into the United States, and the route to be flown therein.
    Sec. III. A. Route. Submit a map suitable for aerial navigation upon 
which is indicated the exact geographical track of the proposed 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. Communications facilities. List all 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.

[[Page 362]]

    C. State whether or not personnel are familiar with those parts of 
the Federal Air Regulations pertaining to the conduct of foreign air 
carrier operations within the United States.
    D. State whether pilot personnel are able to speak and understand 
the English language to a degree necessary to enable them to properly 
communicate with Airport Traffic Control Towers and Airway Radio 
Communication Stations using radiotelephone communications.
    Sec. VII. Dispatchers.
    A. Describe briefly the dispatch organization which you propose to 
set up for air carrier operations within the United States.
    B. State whether or not the dispatching personnel are familiar with 
the rules and regulations prescribed by the Federal Air Regulations 
governing air carrier operations.
    C. Are dispatching personnel able to read and write the English 
language to a degree necessary to properly dispatch flights within the 
United States?
    D. Are dispatching personnel certificated by the country of origin?
    Sec. VIII. Additional Data.
    A. Furnish such additional information and substantiating data as 
may serve to expedite the issuance of the operations specifications.
    B. Each application shall be concluded with a statement as follows:
    I certify that the above statements are true.
    Signed this -------------- day of ---------------- 19----
------------------------ (Name of Applicant)____________________________
By______________________________________________________________________
(Name of person duly authorized to execute this application on behalf of 
the applicant.)

[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-14, 52 
FR 20029, May. 28, 1987; Amdt. 129-19, 54 FR 39294, Sept. 25, 1989; 54 
FR 51972, Dec. 19, 1989; Amdt. 129-42, 72 FR 31684, June 7, 2007]



PART 133_ROTORCRAFT EXTERNAL-LOAD OPERATIONS--Table of Contents




                         Subpart A_Applicability

Sec.
133.1 Applicability.

                      Subpart B_Certification Rules

133.11 Certificate required.
133.13 Duration of certificate.
133.14 Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.
133.15 Application for certificate issuance or renewal.
133.17 Requirements for issuance of a rotorcraft external-load operator 
          certificate.
133.19 Rotorcraft.
133.21 Personnel.
133.23 Knowledge and skill.
133.25 Amendment of certificate.
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.

[[Page 363]]

    (d) For the purpose of this part, a person other than a crewmember 
or a person who is essential and directly connected with the external-
load operation may be carried only in approved Class D rotorcraft-load 
combinations.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-9, 
51 FR 40707, Nov. 7, 1986]



                      Subpart B_Certification Rules



Sec. 133.11  Certificate required.

    (a) No person subject to this part may conduct rotorcraft external-
load operations within the United States without, or in violation of the 
terms of, a Rotorcraft External-Load Operator Certificate issued by the 
Administrator under Sec. 133.17.
    (b) No person holding a Rotorcraft External-Load Operator 
Certificate may conduct rotorcraft external-load operations subject to 
this part under a business name that is not on that certificate.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-7, 
42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707, Nov. 7, 1986]



Sec. 133.13  Duration of certificate.

    Unless sooner surrendered, suspended, or revoked, a Rotorcraft 
External-Load Operator Certificate expires at the end of the twenty-
fourth month after the month in which it is issued or renewed.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-7, 
42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707, Nov. 7, 1986]



Sec. 133.14  Carriage of narcotic drugs, marihuana, and depressant or 

stimulant drugs or substances.

    If the holder of a certificate issued under this part permits any 
aircraft owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) 
of this chapter, that operation is a basis for suspending or revoking 
the certificate.

[Doc. No. 12035, 38 FR 17493, July 2, 1973, as amended by Amdt. 133-10, 
54 FR 34332, Aug. 18, 1989]



Sec. 133.15  Application for certificate issuance or renewal.

    Application for an original certificate or renewal of a certificate 
issued under this part is made on a form, and 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,

[[Page 364]]

and use for at least six consecutive months.

[Doc. No. 15176, 42 FR 24198, May 12, 1977]



Sec. 133.21  Personnel.

    (a) The applicant must hold, or have available the services of at 
least one person who holds, a current commercial or airline transport 
pilot certificate, with a rating appropriate for the rotorcraft 
prescribed in Sec. 133.19, issued by the Administrator.
    (b) The applicant must designate one pilot, who may be the 
applicant, as chief pilot for rotorcraft external-load operations. The 
applicant also may designate qualified pilots as assistant chief pilots 
to perform the functions of the chief pilot when the chief pilot is not 
readily available. The chief pilot and assistant chief pilots must be 
acceptable to the Administrator and each must hold a current Commercial 
or Airline Transport Pilot Certificate, with a rating appropriate for 
the rotorcraft prescribed in Sec. 133.19.
    (c) The holder of a Rotorcraft External-Load Operator Certificate 
shall report any change in designation of chief pilot or assistant chief 
pilot immediately to the FAA certificate-holding office. The new chief 
pilot must be designated and must comply with Sec. 133.23 within 30 
days or the operator may not conduct further operations under the 
Rotorcraft External-Load Operator Certificate unless otherwise 
authorized by the FAA certificate-holding office.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40707, Nov. 7, 1986]



Sec. 133.23  Knowledge and skill.

    (a) Except as provided in paragraph (d) of this section, the 
applicant, or the chief pilot designated in accordance with Sec. 
133.21(b), must demonstrate to the Administrator satisfactory knowledge 
and skill regarding rotorcraft external-load operations as set forth in 
paragraphs (b) and (c) of this section.
    (b) The test of knowledge (which may be oral or written, at the 
option of the applicant) covers the following subjects:
    (1) Steps to be taken before starting operations, including a survey 
of the flight area.
    (2) Proper method of loading, rigging, or attaching the external 
load.
    (3) Performance capabilities, under approved operating procedures 
and limitations, of the rotorcraft to be used.
    (4) Proper instructions of flight crew and ground workers.
    (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

[[Page 365]]

Certificate to the applicant with authorization to operate with those 
classes of rotorcraft-load combinations for which the applicant complies 
with the applicable provisions of subpart D of this part.
    (b) The holder of a rotorcraft external-load certificate may apply 
for an amendment to add or delete a rotorcraft authorization by 
submitting to the certificate-holding FAA Flight Standards District 
Office a new list of rotorcraft, by registration number, with the 
classes of rotorcraft-load combinations for which authorization is 
requested.

[Doc. No. 18434, 43 FR 52206, Nov. 9, 1978, as amended by Amdt. 133-9, 
51 FR 40707, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989]



Sec. 133.27  Availability, transfer, and surrender of certificate.

    (a) Each holder of a rotorcraft external-load operator certificate 
shall keep that certificate and a list of authorized rotorcraft at the 
home base of operations and shall make it available for inspection by 
the Administrator upon request.
    (b) Each person conducting a rotorcraft external-load operation 
shall carry a facsimile of the Rotorcraft External-Load Operator 
Certificate in each rotorcraft used in the operation.
    (c) If the Administrator suspends or revokes a Rotorcraft External-
Load Operator Certificate, the holder of that certificate shall return 
it to the Administrator. If the certificate holder, for any other 
reason, discontinues operations under his certificate, and does not 
resume operations within two years, he shall return the certificate to 
the FAA Flight Standards District Office having jurisdiction over the 
area in which his home base of operations is located.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40708, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989]



           Subpart C_Operating Rules and Related Requirements



Sec. 133.31  Emergency operations.

    (a) In an emergency involving the safety of persons or property, the 
certificate holder may deviate from the rules of this part to the extent 
required to meet that emergency.
    (b) Each person who, under the authority of this section, deviates 
from a 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

[[Page 366]]

encountered in which the rotorcraft is uncontrollable or which is 
otherwise hazardous.
    (5) In forward flight, check for hazardous oscillations of the 
external load, but if the external load is not visible to the pilot, 
other crewmembers or ground personnel may make this check and signal the 
pilot.
    (6) Increase the forward airspeed and determine an operational 
airspeed at which no hazardous oscillation or hazardous aerodynamic 
turbulence is encountered.
    (d) Notwithstanding the provisions of part 91 of this chapter, the 
holder of a Rotorcraft External-Load Operator Certificate may conduct 
(in rotorcraft type certificated under and meeting the requirements of 
part 27 or 29 of this chapter, including the external-load attaching 
means) rotorcraft external-load operations over congested areas if those 
operations are conducted without hazard to persons or property on the 
surface and comply with the following:
    (1) The operator must develop a plan for each complete operation, 
coordinate this plan with the FAA Flight Standards District Office 
having jurisdiction over the area in which the operation will be 
conducted, and obtain approval for the operation from that district 
office. The plan must include an agreement with the appropriate 
political subdivision that local officials will exclude unauthorized 
persons from the area in which the operation will be conducted, 
coordination with air traffic control, if necessary, and a detailed 
chart depicting the flight routes and altitudes.
    (2) Each flight must be conducted at an altitude, and on a route, 
that will allow a jettisonable external load to be released, and the 
rotorcraft landed, in an emergency without hazard to persons or property 
on the surface.
    (e) Notwithstanding the provisions of part 91 of this chapter, and 
except as provided in Sec. 133.45(d), the holder of a Rotorcraft 
External-Load Operator Certificate may conduct external-load operations, 
including approaches, departures, and load positioning maneuvers 
necessary for the operation, below 500 feet above the surface and closer 
than 500 feet to persons, vessels, vehicles, and structures, if the 
operations are conducted without creating a hazard to persons or 
property on the surface.
    (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

[[Page 367]]

in Class D operations conducted under this part unless, within the 
preceding 12 calendar months, that person has successfully completed 
either an approved initial or a recurrent training program.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
a person who has performed a rotorcraft external-load operation of the 
same class and in an aircraft of the same type within the past 12 
calendar months need not undergo recurrent training.

[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]



Sec. 133.39  Inspection authority.

    Each person conducting an operation under this part shall allow the 
Administrator to make any inspections or tests that he considers 
necessary to determine compliance with the Federal Aviation Regulations 
and the Rotorcraft External-Load Operator Certificate.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964. Redesignated by Amdt. 133-9, 
51 FR 40708, Nov. 7, 1986]



                  Subpart D_Airworthiness Requirements



Sec. 133.41  Flight characteristics requirements.

    (a) The applicant must demonstrate to the Administrator, by 
performing the operational flight checks prescribed in paragraphs (b), 
(c), and (d) of this section, as applicable, that the rotorcraft-load 
combination has satisfactory flight characteristics, unless these 
operational flight checks have been demonstrated previously and the 
rotorcraft-load combination flight characteristics were satisfactory. 
For the purposes of this demonstration, the external-load weight 
(including the external-load attaching means) is the maximum weight for 
which authorization is requested.
    (b) Class A rotorcraft-load combinations: The operational flight 
check must consist of at least the following maneuvers:
    (1) Take off and landing.
    (2) Demonstration of adequate directional control while hovering.
    (3) Acceleration from a hover.
    (4) Horizontal flight at airspeeds up to the maximum airspeed for 
which authorization is requested.
    (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

[[Page 368]]

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.
    (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:

[[Page 369]]

    (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. 71 [Note]
Special Federal Aviation Regulation No. 89 [Note]
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 97 [Note]
Special Federal Aviation Regulation No. 106 [Note]
Special Federal Aviation Regulation No. 108

                            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.
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 ground facilities or navigation aids.
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.
135.78 Instrument approach procedures and IFR landing minimums.
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.
135.98 Operations in the North Polar Area.
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.

[[Page 370]]

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 data 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 Communication and navigation equipment for aircraft operations 
          under VFR over routes navigated by pilotage.
135.163 Equipment requirements: Aircraft carrying passengers under IFR.
135.165 Communication and navigation equipment: Extended over-water or 
          IFR operations.
135.167 Emergency equipment: Extended overwater operations.
135.168 [Reserved]
135.169 Additional airworthiness requirements.
135.170 Materials for compartment interiors.
135.171 Shoulder harness installation at flight crewmember stations.
135.173 Airborne thunderstorm detection equipment requirements.
135.175 Airborne weather radar equipment requirements.
135.177 Emergency equipment requirements for aircraft having a passenger 
          seating configuration of more than 19 passengers.
135.178 Additional emergency equipment.
135.179 Inoperable instruments and equipment.
135.180 Traffic Alert and Collision Avoidance System.
135.181 Performance requirements: Aircraft operated over-the-top or in 
          IFR conditions.
135.183 Performance requirements: Land aircraft operated over water.
135.185 Empty weight and center of gravity: Currency requirement.

    Subpart D_VFR/IFR Operating Limitations and Weather Requirements

135.201 Applicability.
135.203 VFR: Minimum altitudes.
135.205 VFR: Visibility requirements.
135.207 VFR: Helicopter surface reference requirements.
135.209 VFR: Fuel supply.
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.

[[Page 371]]

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.
135.335 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.
135.364 Maximum flying time outside the United States.
135.365 Large transport category airplanes: Reciprocating engine 
          powered: Weight limitations.
135.367 Large transport category airplanes: Reciprocating engine 
          powered: Takeoff limitations.
135.369 Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: All engines operating.
135.371 Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: One engine inoperative.
135.373 Part 25 transport category airplanes with four or more engines: 
          Reciprocating engine powered: En route limitations: Two 
          engines inoperative.
135.375 Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Destination airports.
135.377 Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Alternate airports.
135.379 Large transport category airplanes: Turbine engine powered: 
          Takeoff limitations.
135.381 Large transport category airplanes: Turbine engine powered: En 
          route limitations: One engine inoperative.
135.383 Large transport category airplanes: Turbine engine powered: En 
          route limitations: Two engines inoperative.
135.385 Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Destination airports.
135.387 Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Alternate airports.
135.389 Large nontransport category airplanes: Takeoff limitations.
135.391 Large nontransport category airplanes: En route limitations: One 
          engine inoperative.
135.393 Large nontransport category airplanes: Landing limitations: 
          Destination airports.
135.395 Large nontransport category airplanes: Landing limitations: 
          Alternate airports.
135.397 Small transport category airplane performance operating 
          limitations.
135.398 Commuter category airplanes performance operating limitations.
135.399 Small nontransport category airplane performance operating 
          limitations.

     Subpart J_Maintenance, Preventive Maintenance, and Alterations

135.411 Applicability.
135.413 Responsibility for airworthiness.
135.415 Service difficulty reports.
135.417 Mechanical interruption summary report.

[[Page 372]]

135.419 Approved aircraft inspection program.
135.421 Additional maintenance requirements.
135.422 Aging airplane inspections and records reviews for multiengine 
          airplanes certificated with nine or fewer passenger seats.
135.423 Maintenance, preventive maintenance, and alteration 
          organization.
135.425 Maintenance, preventive maintenance, and alteration programs.
135.427 Manual requirements.
135.429 Required inspection personnel.
135.431 Continuing analysis and surveillance.
135.433 Maintenance and preventive maintenance training program.
135.435 Certificate requirements.
135.437 Authority to perform and approve maintenance, preventive 
          maintenance, and alterations.
135.439 Maintenance recording requirements.
135.441 Transfer of maintenance records.
135.443 Airworthiness release or aircraft maintenance log entry.

             Subpart K_Hazardous Materials Training Program

135.501 Applicability and definitions.
135.503 Hazardous materials training: General.
135.505 Hazardous materials training required.
135.507 Hazardous materials training records.

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--Extended Operations (ETOPS)

    Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 45101-45105.

    Source: Docket No. 16097, 43 FR 46783, Oct. 10, 1978, unless 
otherwise noted.



             Sec. Special Federal Aviation Regulation No. 36

    Editorial Note: For the text of SFAR No. 36, see part 121 of this 
chapter.



            Sec. Special Federal Aviation Regulation No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 89

    Editorial Note: For the text of SFAR No. 89, see part 121 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 93

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



             Sec. Special Federal Aviation Regulation No. 97

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



            Sec. Special Federal Aviation Regulation No. 106

    Editorial Note: For the text of SFAR No. 106, see part 121 of this 
chapter.



            Sec. Special Federal Aviation Regulation No. 108

    Editorial Note: For the text of SFAR No. 106, 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.

[[Page 373]]

    (4) Each person who applies for provisional approval of an Advanced 
Qualification Program curriculum, curriculum segment, or portion of a 
curriculum segment under subpart Y of part 121 of this chapter 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 
subpart Y of part 121 of this chapter of 14 CFR part 121.
    (5) Nonstop Commercial Air Tour flights conducted for compensation 
or hire in accordance with Sec. 119.1(e)(2) of this chapter that begin 
and end at the same airport and are conducted within a 25-statute-mile 
radius of that airport; provided further that these operations must 
comply only with the drug and alcohol testing requirements in Sec. Sec. 
135.249, 135.251, 135.253, 135.255, and 135.353; and with the provisions 
of part 136, subpart A, and Sec. 91.147 of this chapter by September 
11, 2007.
    (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.
    (8) Commercial Air tours conducted by holders of operations 
specifications issued under this part must comply with the provisions of 
part 136, Subpart A of this chapter by September 11, 2007.
    (b) [Reserved]
    (c) An operator who does not hold a part 119 certificate and who 
operates under the provisions of Sec. 91.147 of this chapter is 
permitted to use a person who is otherwise authorized to perform 
aircraft maintenance or preventive maintenance duties and who is not 
subject to anti-drug and alcohol misuse prevent 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]

    Editorial Note: For Federal Register citations affecting Sec. 
135.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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

[[Page 374]]

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 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.

[[Page 375]]

    (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 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:

[[Page 376]]

    (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 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

[[Page 377]]

initial training and qualification requirements of subparts N and O of 
part 121 of this chapter. The crewmember must comply with the applicable 
recurrent training requirements of part 121 of this chapter.

[Doc. No. 27993, 60 FR 65950, Dec. 20, 1995]



Sec. 135.19  Emergency operations.

    (a) In an emergency involving the safety of persons or property, the 
certificate holder may deviate from the rules of this part relating to 
aircraft and equipment and weather minimums to the extent required to 
meet that emergency.
    (b) In an emergency involving the safety of persons or property, the 
pilot in command may deviate from the rules of this part to the extent 
required to meet that emergency.
    (c) Each person who, under the authority of this section, deviates 
from a rule of this part shall, within 10 days, excluding Saturdays, 
Sundays, and Federal holidays, after the deviation, send to the FAA 
Flight Standards District Office charged with the overall inspection of 
the certificate holder a complete report of the aircraft operation 
involved, including a description of the deviation and reasons for it.



Sec. 135.21  Manual requirements.

    (a) Each certificate holder, other than one who uses only one pilot 
in the certificate holder's operations, shall prepare and keep current a 
manual setting forth the certificate holder's procedures and policies 
acceptable to the Administrator. This manual must be used by the 
certificate holder's flight, ground, and maintenance personnel in 
conducting its operations. However, the Administrator may authorize a 
deviation from this paragraph if the Administrator finds that, because 
of the limited size of the operation, all or part of the manual is not 
necessary for guidance of flight, ground, or maintenance personnel.
    (b) Each certificate holder shall maintain at least one copy of the 
manual at its principal base of operations.
    (c) The manual must not be contrary to any applicable Federal 
regulations, foreign regulation applicable to the certificate holder's 
operations in foreign countries, or the certificate holder's operating 
certificate or operations specifications.
    (d) A copy of the manual, or appropriate portions of the manual (and 
changes and additions) shall be made available to maintenance and ground 
operations personnel by the certificate holder and furnished to--
    (1) Its flight crewmembers; and
    (2) Representatives of the Administrator assigned to the certificate 
holder.
    (e) Each employee of the certificate holder to whom a manual or 
appropriate portions of it are furnished under paragraph (d)(1) of this 
section shall keep it up to date with the changes and additions 
furnished to them.
    (f) Except as provided in paragraph (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]

[[Page 378]]



Sec. 135.23  Manual contents.

    Each manual shall have the date of the last revision on each revised 
page. The manual must include--
    (a) The name of each management person required under Sec. 
119.69(a) of this chapter who is authorized to act for the certificate 
holder, the person's assigned area of responsibility, the person's 
duties, responsibilities, and authority, and the name and title of each 
person authorized to exercise operational control under Sec. 135.77;
    (b) Procedures for ensuring compliance with aircraft weight and 
balance limitations and, for multiengine aircraft, for determining 
compliance with Sec. 135.185;
    (c) Copies of the certificate holder's operations specifications or 
appropriate extracted information, including area of operations 
authorized, category and class of aircraft authorized, crew complements, 
and types of operations authorized;
    (d) Procedures for complying with accident notification 
requirements;
    (e) Procedures for ensuring that the pilot in command knows that 
required airworthiness inspections have been made and that the aircraft 
has been approved for return to service in compliance with applicable 
maintenance requirements;
    (f) Procedures for reporting and recording mechanical irregularities 
that come to the attention of the pilot in command before, during, and 
after completion of a flight;
    (g) Procedures to be followed by the pilot in command for 
determining that mechanical irregularities or defects reported for 
previous flights have been corrected or that correction has been 
deferred;
    (h) Procedures to be followed by the pilot in command to obtain 
maintenance, preventive maintenance, and servicing of the aircraft at a 
place where previous arrangements have not been made by the operator, 
when the pilot is authorized to so act for the operator;
    (i) Procedures under Sec. 135.179 for the release for, or 
continuation of, flight if any item of equipment required for the 
particular type of operation becomes inoperative or unserviceable en 
route;
    (j) Procedures for refueling aircraft, eliminating fuel 
contamination, protecting from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling;
    (k) Procedures to be followed by the pilot in command in the 
briefing under Sec. 135.117;
    (l) Flight locating procedures, when applicable;
    (m) Procedures for ensuring compliance with emergency procedures, 
including a list of the functions assigned each category of required 
crewmembers in connection with an emergency and emergency evacuation 
duties under Sec. 135.123;
    (n) En route qualification procedures for pilots, when applicable;
    (o) The approved aircraft inspection program, when applicable;
    (p)(1) Procedures and information, as described in paragraph (p)(2) 
of this section, to assist each crewmember and person performing or 
directly supervising the following job functions involving items for 
transport on an aircraft:
    (i) Acceptance;
    (ii) Rejection;
    (iii) Handling;
    (iv) Storage incidental to transport;
    (v) Packaging of company material; or
    (vi) Loading.
    (2) Ensure that the procedures and information described in this 
paragraph are sufficient to assist a person in identifying packages that 
are marked or labeled as containing hazardous materials or that show 
signs of containing undeclared hazardous materials. The procedures and 
information must include:
    (i) Procedures for rejecting packages that do not conform to the 
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that 
appear to contain undeclared hazardous materials;
    (ii) Procedures for complying with the hazardous materials incident 
reporting requirements of 49 CFR 171.15 and 171.16 and discrepancy 
reporting requirements of 49 CFR 175.31.
    (iii) The certificate holder's hazmat policies and whether the 
certificate holder is authorized to carry, or is prohibited from 
carrying, hazardous materials; and

[[Page 379]]

    (iv) If the certificate holder's operations specifications permit 
the transport of hazardous materials, procedures and information to 
ensure the following:
    (A) That packages containing hazardous materials are properly 
offered and accepted in compliance with 49 CFR parts 171 through 180;
    (B) That packages containing hazardous materials are properly 
handled, stored, packaged, loaded and carried on board an aircraft in 
compliance with 49 CFR parts 171 through 180;
    (C) That the requirements for Notice to the Pilot in Command (49 CFR 
175.33) are complied with; and
    (D) That aircraft replacement parts, consumable materials or other 
items regulated by 49 CFR parts 171 through 180 are properly handled, 
packaged, and transported.
    (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; Amdt. 135-101, 70 FR 58829, 
Oct. 7, 2005]



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 leased or chartered to it 
without crew

[[Page 380]]

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.
    (v) The effective date and class of the medical certificate that the 
pilot holds.

[[Page 381]]

    (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 the maintenance log at the end of the preceding 
flight.

[[Page 382]]

    (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 ground facilities or navigation aids.

    Whenever a pilot encounters a potentially hazardous meteorological 
condition or an irregularity in a ground facility or navigation aid 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; Amdt. 135-110, 72 FR 31684, June 7, 2007]



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 DOD commercial air carrier evaluator

[[Page 383]]

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. 135.78  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.

[Doc. No. FAA-2002-14002, 72 FR 31684, June 7, 2007]



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 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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
110, 72 FR 31684, June 7, 2007]



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.

[[Page 384]]

    (2) For multiengine aircraft or for aircraft with retractable 
landing gear, an emergency cockpit checklist containing the procedures 
required by paragraph (c) of this section, as appropriate.
    (3) Pertinent aeronautical charts.
    (4) For IFR operations, each pertinent navigational en route, 
terminal area, and approach and letdown chart.
    (5) For multiengine aircraft, one-engine-inoperative climb 
performance data and if the aircraft is approved for use in IFR or over-
the-top operations, that data must be sufficient to enable the pilot to 
determine compliance with Sec. 135.181(a)(2).
    (b) Each cockpit checklist required by paragraph (a)(1) of this 
section must contain the following procedures:
    (1) Before starting engines;
    (2) Before takeoff;
    (3) Cruise;
    (4) Before landing;
    (5) After landing;
    (6) Stopping engines.
    (c) Each emergency cockpit checklist required by paragraph (a)(2) of 
this section must contain the following procedures, as appropriate:
    (1) Emergency operation of fuel, hydraulic, electrical, and 
mechanical systems.
    (2) Emergency operation of instruments and controls.
    (3) Engine inoperative procedures.
    (4) Any other emergency procedures necessary for safety.



Sec. 135.85  Carriage of persons without compliance with the passenger-

carrying provisions of this part.

    The following persons may be carried aboard an aircraft without 
complying with the passenger-carrying requirements of this part:
    (a) A crewmember or other employee of the certificate holder.
    (b) A person necessary for the safe handling of animals on the 
aircraft.
    (c) A person necessary for the safe handling of hazardous materials 
(as defined in subchapter C of title 49 CFR).
    (d) A person performing duty as a security or honor guard 
accompanying a shipment made by or under the authority of the U.S. 
Government.
    (e) A military courier or a military route supervisor carried by a 
military cargo contract air carrier or commercial operator in operations 
under a military cargo contract, if that carriage is specifically 
authorized by the appropriate military service.
    (f) An authorized representative of the Administrator conducting an 
en route inspection.
    (g) A person, authorized by the Administrator, who is performing a 
duty connected with a cargo operation of the certificate holder.
    (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.

[[Page 385]]

    (6) It is stowed in compliance with this section for takeoff and 
landing.
    (7) For cargo only operations, paragraph (c)(4) of this section does 
not apply if the cargo is loaded so that at least one emergency or 
regular exit is available to provide all occupants of the aircraft a 
means of unobstructed exit from the aircraft if an emergency occurs.
    (d) Each passenger seat under which baggage is stowed shall be 
fitted with a means to prevent articles of baggage stowed under it from 
sliding under crash impacts severe enough to induce the ultimate inertia 
forces specified in the emergency landing condition regulations under 
which the aircraft was type certificated.
    (e) When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand fire extinguisher.



Sec. 135.89  Pilot requirements: Use of oxygen.

    (a) Unpressurized aircraft. Each pilot of an unpressurized aircraft 
shall use oxygen continuously when flying--
    (1) At altitudes above 10,000 feet through 12,000 feet MSL for that 
part of the flight at those altitudes that is of more than 30 minutes 
duration; and
    (2) Above 12,000 feet MSL.
    (b) Pressurized aircraft. (1) Whenever a pressurized aircraft is 
operated with the cabin pressure altitude more than 10,000 feet MSL, 
each pilot shall comply with paragraph (a) of this section.
    (2) Whenever a pressurized aircraft is operated at altitudes above 
25,000 feet through 35,000 feet MSL, unless each pilot has an approved 
quick-donning type oxygen mask--
    (i) At least one pilot at the controls shall wear, secured and 
sealed, an oxygen mask that either supplies oxygen at all times or 
automatically supplies oxygen whenever the cabin pressure altitude 
exceeds 12,000 feet MSL; and
    (ii) During that flight, each other pilot on flight deck duty shall 
have an oxygen mask, connected to an oxygen supply, located so as to 
allow immediate placing of the mask on the pilot's face sealed and 
secured for use.
    (3) Whenever a pressurized aircraft is operated at altitudes above 
35,000 feet MSL, at least one pilot at the controls shall wear, secured 
and sealed, an oxygen mask required by paragraph (b)(2)(i) of this 
section.
    (4) If one pilot leaves a pilot duty station of an aircraft when 
operating at altitudes above 25,000 feet MSL, the remaining pilot at the 
controls shall put on and use an approved oxygen mask until the other 
pilot returns to the pilot duty station of the aircraft.



Sec. 135.91  Oxygen for medical use by passengers.

    (a) Except as provided in paragraphs (d) and (e) of this section, no 
certificate holder may allow the carriage or operation of equipment for 
the storage, generation or dispensing of medical oxygen unless the unit 
to be carried is constructed so that all valves, fittings, and gauges 
are protected from damage during that carriage or operation and unless 
the following conditions are met--
    (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.

[[Page 386]]

    (4) The pilot in command must be advised when the equipment is on 
board, and when it is intended to be used.
    (5) The equipment must be stowed, and each person using the 
equipment must be seated, so as not to restrict access to or use of any 
required emergency or regular exit, or of the aisle in the passenger 
compartment.
    (b) No person may smoke and no certificate holder may allow any 
person to smoke within 10 feet of oxygen storage and dispensing 
equipment carried under paragraph (a) of this section.
    (c) No certificate holder may allow any person other than a person 
trained in the use of medical oxygen equipment to connect or disconnect 
oxygen bottles or any other ancillary component while any passenger is 
aboard the aircraft.
    (d) Paragraph (a)(1)(i) of this section does not apply when that 
equipment is furnished by a professional or medical emergency service 
for use on board an aircraft in a medical emergency when no other 
practical means of transportation (including any other properly equipped 
certificate holder) is reasonably available and the person carried under 
the medical emergency is accompanied by a person trained in the use of 
medical oxygen.
    (e) Each certificate holder who, under the authority of paragraph 
(d) of this section, deviates from paragraph (a)(1)(i) of this section 
under a medical emergency shall, within 10 days, excluding Saturdays, 
Sundays, and Federal holidays, after the deviation, send to the 
certificate-holding district office a complete report of the operation 
involved, including a description of the deviation and the reasons for 
it.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 135.93  Autopilot: Minimum altitudes for use.

    (a) Except as provided in paragraphs (b), (c), (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.

[[Page 387]]

    (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]



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. 135.98  Operations in the North Polar Area.

    After August 13, 2008, no certificate holder may operate an aircraft 
in the region north of 78[deg] N latitude (``North Polar Area''), other 
than intrastate operations wholly within the state of Alaska, unless 
authorized by the FAA. The certificate holder's operation specifications 
must include the following:
    (a) The designation of airports that may be used for en-route 
diversions and the requirements the airports must meet at the time of 
diversion.
    (b) Except for all-cargo operations, a recovery plan for passengers 
at designated diversion airports.
    (c) A fuel-freeze strategy and procedures for monitoring fuel 
freezing for operations in the North Polar Area.
    (d) A plan to ensure communication capability for operations in the 
North Polar Area.
    (e) An MEL for operations in the North Polar Area.
    (f) A training plan for operations in the North Polar Area.
    (g) A plan for mitigating crew exposure to radiation during solar 
flare activity.
    (h) A plan for providing at least two cold weather anti-exposure 
suits in the aircraft, to protect crewmembers during outside activity at 
a diversion airport with extreme climatic conditions. The FAA may 
relieve the certificate holder from this requirement if the season of 
the year makes the equipment unnecessary.

[Doc. No. FAA-2002-6717, 72 FR 1885, Jan. 16, 2007, as amended by Amdt. 
135-112, 73 FR 8798, Feb. 15, 2008]



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.

[[Page 388]]

    (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.
    (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.

[[Page 389]]



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 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

[[Page 390]]

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]



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.
    (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

[[Page 391]]

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--
    (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:

[[Page 392]]

    (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 a label or markings showing:
    (1) That the seat was approved by a foreign government;
    (2) That the seat was manufactured under the standards of the United 
Nations;
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph 
(b)(2)(i) of this section, was approved by the FAA in accordance with 
Sec. 21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec. 135.128(a)(2)(ii)(C)(3) and Sec. 
135.128(a)(2)(ii)(C)(4), 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
    (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) Except as provided in Sec. 135.128 (a)(2)(ii)(C)(3) and Sec. 
135.128 (a)(2)(ii)(C)(4), 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 (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

[[Page 393]]

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; Amdt. 135-100, 70 FR 50907, Aug. 26, 
2005; Amdt. 135-106, 71 FR 40010, July 14, 2006; 71 FR 59374, Oct. 10, 
2006]



Sec. 135.129  Exit seating.

    (a)(1) Applicability. This section applies to all certificate 
holders operating under this part, except for on-demand operations with 
aircraft having 19 or fewer passenger seats and commuter operations with 
aircraft having 9 or fewer passenger seats.
    (2) Duty to make determination of suitability. Each certificate 
holder shall determine, to the extent necessary to perform the 
applicable functions of paragraph (d) of this section, the suitability 
of each person it permits to occupy an exit seat. For the purpose of 
this section--
    (i) Exit seat means--
    (A) Each seat having direct access to an exit; and
    (B) Each seat in a row of seats through which passengers would have 
to pass to gain access to an exit, from the first seat inboard of the 
exit to the first aisle inboard of the exit.
    (ii) A passenger seat having direct access means a seat from which a 
passenger can proceed directly to the exit without entering an aisle or 
passing around an obstruction.
    (3) Persons designated to make determination. Each certificate 
holder shall make the passenger exit seating determinations required by 
this paragraph in a non-discriminatory manner consistent with the 
requirements of this section, by persons designated in the certificate 
holder's required operations manual.
    (4) Submission of designation for approval. Each certificate holder 
shall designate the exit seats for each passenger seating configuration 
in its fleet in accordance with the definitions in this paragraph and 
submit those designations for approval as part of the procedures 
required to be submitted for approval under paragraphs (n) and (p) of 
this section.
    (b) No certificate holder may seat a person in a seat affected by 
this section if the certificate holder determines that it is likely that 
the person would be unable to perform one or more of the applicable 
functions listed in paragraph (d) of this section because--
    (1) The person lacks sufficient mobility, strength, or dexterity in 
both arms and hands, and both legs:
    (i) To reach upward, sideways, and downward to the location of 
emergency exit and exit-slide operating mechanisms;
    (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;

[[Page 394]]

    (5) The person lacks sufficient aural capacity to hear and 
understand instructions shouted by flight attendants, without assistance 
beyond a hearing aid;
    (6) The person lacks the ability adequately to impart information 
orally to other passengers; or,
    (7) The person has:
    (i) A condition or responsibilities, such as caring for small 
children, that might prevent the person from performing one or more of 
the applicable functions listed in paragraph (d) of this section; or
    (ii) A condition that might cause the person harm if he or she 
performs one or more of the applicable functions listed in paragraph (d) 
of this section.
    (c) Each passenger shall comply with instructions given by a 
crewmember or other authorized employee of the certificate holder 
implementing exit seating restrictions established in accordance with 
this section.
    (d) Each certificate holder shall include on passenger information 
cards, presented in the language in which briefings and oral commands 
are given by the crew, at each exit seat affected by this section, 
information that, in the event of an emergency in which a crewmember is 
not available to assist, a passenger occupying an exit seat may use if 
called upon to perform the following functions:
    (1) Locate the emergency exit;
    (2) Recognize the emergency exit opening mechanism;
    (3) Comprehend the instructions for operating the emergency exit;
    (4) Operate the emergency exit;
    (5) Assess whether opening the emergency exit will increase the 
hazards to which passengers may be exposed;
    (6) Follow oral directions and hand signals given by a crewmember;
    (7) Stow or secure the emergency exit door so that it will not 
impede use of the exit;
    (8) Assess the condition of an escape slide, activate the slide, and 
stabilize the slide after deployment to assist others in getting off the 
slide;
    (9) Pass expeditiously through the emergency exit; and
    (10) Assess, select, and follow a safe path away from the emergency 
exit.
    (e) Each certificate holder shall include on passenger information 
cards, at each exit seat--
    (1) In the primary language in which emergency commands are given by 
the crew, the selection criteria set forth in paragraph (b) of this 
section, and a request that a passenger identify himself or herself to 
allow reseating if he or she--
    (i) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (ii) Has a nondiscernible condition that will prevent him or her 
from performing the applicable functions listed in paragraph (d) of this 
section;
    (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.

[[Page 395]]

    (h) Each certificate holder shall include in its passenger briefings 
a reference to the passenger information cards, required by paragraphs 
(d) and (e), the selection criteria set forth in paragraph (b), and the 
functions to be performed, set forth in paragraph (d) of this section.
    (i) Each certificate holder shall include in its passenger briefings 
a request that a passenger identify himself or herself to allow 
reseating if he or she--
    (1) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (2) Has a nondiscernible condition that will prevent him or her from 
performing the applicable functions listed in paragraph (d) of this 
section;
    (3) May suffer bodily harm as the result of performing one or more 
of those functions; or,
    (4) Does not wish to perform those functions.

A certificate holder shall not require the passenger to disclose his or 
her reason for needing reseating.
    (j) [Reserved]
    (k) In the event a certificate holder determines in accordance with 
this section that it is likely that a passenger assigned to an exit seat 
would be unable to perform the functions listed in paragraph (d) of this 
section or a passenger requests a non-exit seat, the certificate holder 
shall expeditiously relocate the passenger to a non-exit seat.
    (l) In the event of full booking in the non-exit seats and if 
necessary to accommodate a passenger being relocated from an exit seat, 
the certificate holder shall move a passenger who is willing and able to 
assume the evacuation functions that may be required, to an exit seat.
    (m) A certificate holder may deny transportation to any passenger 
under this section only because--
    (1) The passenger refuses to comply with instructions given by a 
crewmember or other authorized employee of the certificate holder 
implementing exit seating restrictions established in accordance with 
this section, or
    (2) The only seat that will physically accommodate the person's 
handicap is an exit seat.
    (n) In order to comply with this section certificate holders shall--
    (1) Establish procedures that address:
    (i) The criteria listed in paragraph (b) of this section;
    (ii) The functions listed in paragraph (d) of this section;
    (iii) The requirements for airport information, passenger 
information cards, crewmember verification of appropriate seating in 
exit seats, passenger briefings, seat assignments, and denial of 
transportation as set forth in this section;
    (iv) How to resolve disputes arising from implementation of this 
section, 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.

[[Page 396]]



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 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

[[Page 397]]

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]



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;

[[Page 398]]

    (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 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

[[Page 399]]

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.
    (f) By April 7, 2012, all airplanes subject to paragraph (a) or 
paragraph (b) of this section that are manufactured before April 7, 
2010, and that are required to have a flight data recorder installed in 
accordance with Sec. 135.152, must have a cockpit voice recorder that 
also--
    (1) Meets the requirements in Sec. 23.1457(d)(6) or Sec. 
25.1457(d)(6) of this chapter, as applicable; and
    (2) If transport category, meet the requirements in Sec. 
25.1457(a)(3), (a)(4), and (a)(5) of this chapter.
    (g)(1) No person may operate a multiengine, turbine-powered airplane 
or rotorcraft that is manufactured on or after April 7, 2010, that has a 
passenger seating configuration of six or more seats, for which two 
pilots are required by certification or operating rules, and that is 
required to have a flight data recorder under Sec. 135.152, unless it 
is equipped with an approved cockpit voice recorder that also--
    (i) Is installed in accordance with the requirements of Sec. 
23.1457, Sec. 25.1457, Sec. 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and 
(h), or Sec. 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h) of this 
chapter, as applicable;
    (ii) 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; and
    (iii) Retains at least the last 2 hours of recorded information 
using a recorder that meets the standards of TSO-C123a, or later 
revision.
    (2) No person may operate a multiengine, turbine-powered airplane or 
rotorcraft that is manufactured on or after April 7, 2010, has a 
passenger seating configuration of 20 or more seats, and that is 
required to have a flight data recorder under Sec. 135.152, unless it 
is equipped with an approved cockpit voice recorder that also--
    (i) Is installed in accordance with the requirements of Sec. 
23.1457, Sec. 25.1457, Sec. 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and 
(h), or Sec. 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h) of this 
chapter, as applicable;
    (ii) 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; and
    (iii) Retains at least the last 2 hours of recorded information 
using a recorder that meets the standards of TSO-C123a, or later 
revision.
    (h) All airplanes or rotorcraft required by this part to have a 
cockpit voice recorder and a flight data recorder, that install datalink 
communication equipment on or after April 7, 2010, must record all 
datalink messages as required by the certification rule applicable to 
the aircraft.

[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; Amdt. 135-113, 73 FR 12570, 
Mar. 7, 2008]



Sec. 135.152  Flight data 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

[[Page 400]]

data, and a method of readily retrieving that data from the storage 
medium. The parameters in appendix D or E of this part, as applicable, 
that are set forth below, must be recorded within the ranges, 
accuracies, resolutions, and sampling intervals as specified.
    (1) Except as provided in paragraph (b)(3) of this section for 
aircraft type certificated before October 1, 1969, the following 
parameters must be recorded:
    (i) Time;
    (ii) Altitude;
    (iii) Airspeed;
    (iv) Vertical acceleration;
    (v) Heading;
    (vi) Time of each radio transmission to or from air traffic control;
    (vii) Pitch attitude;
    (viii) Roll attitude;
    (ix) Longitudinal acceleration;
    (x) Control column or pitch control surface position; and
    (xi) Thrust of each engine.
    (2) Except as provided in paragraph (b)(3) of this section for 
aircraft type certificated after September 30, 1969, the following 
parameters must be recorded:
    (i) Time;
    (ii) Altitude;
    (iii) Airspeed;
    (iv) Vertical acceleration;
    (v) Heading;
    (vi) Time of each radio transmission either to or from air traffic 
control;
    (vii) Pitch attitude;
    (viii) Roll attitude;
    (ix) Longitudinal acceleration;
    (x) Pitch trim position;
    (xi) Control column or pitch control surface position;
    (xii) Control wheel or lateral control surface position;
    (xiii) Rudder pedal or yaw control surface position;
    (xiv) Thrust of each engine;
    (xv) Position of each thrust reverser;
    (xvi) Trailing edge flap or cockpit flap control position; and
    (xvii) Leading edge flap or cockpit flap control position.
    (3) For aircraft manufactured after October 11, 1991, all of the 
parameters listed in appendix D or E of this part, as applicable, must 
be recorded.
    (c) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll or the rotorcraft begins the lift-off 
until the airplane has completed the landing roll or the rotorcraft has 
landed at its destination.
    (d) Except as provided in paragraph (c) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a) of this section until the aircraft has been operating for at least 
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;

[[Page 401]]

    (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), (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;

[[Page 402]]

    (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 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,

[[Page 403]]

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 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.
    (l) By April 7, 2012, all aircraft manufactured before April 7, 
2010, must also meet the requirements in Sec. 23.1459(a)(7), Sec. 
25.1459(a)(8), Sec. 27.1459(e), or Sec. 29.1459(e) of this chapter, as 
applicable.
    (m) All aircraft manufactured on or after April 7, 2010, must have a 
flight data recorder installed that also--
    (1) Meets the requirements of Sec. 23.1459(a)(3), (a)(6), and 
(a)(7), Sec. 25.1459(a)(3), (a)(7), and (a)(8), Sec. 27.1459(a)(3), 
(a)(6), and (e), or Sec. 29.1459(a)(3), (a)(6), and (e) of this 
chapter, as applicable; and
    (2) Retains the 25 hours of recorded information required in 
paragraph (d) of this section using a recorder that meets the standards 
of TSO-C124a, or later revision.

[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; Amdt. 135-113, 73 FR 12570, Mar. 7, 2008]



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.

[[Page 404]]

    (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--
    (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

[[Page 405]]

which case only a 30-minute supply is required.
    (c) The equipment required by this section must have a means--
    (1) To enable the pilots to readily determine, in flight, the amount 
of oxygen available in each source of supply and whether the oxygen is 
being delivered to the dispensing units; or
    (2) In the case of individual dispensing units, to enable each user 
to make those determinations with respect to that person's oxygen supply 
and delivery; and
    (3) To allow the pilots to use undiluted oxygen at their discretion 
at altitudes above 25,000 feet MSL.



Sec. 135.158  Pitot heat indication systems.

    (a) Except as provided in paragraph (b) of this section, after April 
12, 1981, no person may operate a transport category airplane equipped 
with a flight instrument pitot heating system unless the airplane is 
also equipped with an operable pitot heat indication system that 
complies with Sec. 25.1326 of this chapter in effect on April 12, 1978.
    (b) A certificate holder may obtain an extension of the April 12, 
1981, compliance date specified in paragraph (a) of this section, but 
not beyond April 12, 1983, from the Director, Flight Standards Service 
if the certificate holder--
    (1) Shows that due to circumstances beyond its control it cannot 
comply by the specified compliance date; and
    (2) Submits by the specified compliance date a schedule for 
compliance, acceptable to the Director, indicating that compliance will 
be achieved at the earliest practicable date.

[Doc. No. 18094, Amdt. 135-17, 46 FR 48306, Aug. 31, 1981, as amended by 
Amdt. 135-33, 54 FR 39294, Sept. 25, 1989]



Sec. 135.159  Equipment requirements: Carrying passengers under VFR at night 

or under VFR over-the-top conditions.

    No person may operate an aircraft carrying passengers under VFR at 
night or under VFR over-the-top, unless it is equipped with--
    (a) A gyroscopic rate-of-turn indicator except on the following 
aircraft:
    (1) Airplanes with a third attitude instrument system usable through 
flight attitudes of 360 degrees of pitch-and-roll and installed in 
accordance with the instrument requirements prescribed in Sec. 
121.305(j) of this chapter.
    (2) Helicopters with a third attitude instrument system usable 
through flight attitudes of 80 degrees of pitch 
and 120 degrees of roll and installed in 
accordance with Sec. 29.1303(g) of this chapter.
    (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  Communication and navigation equipment for aircraft operations 

under VFR over routes navigated by pilotage.

    (a) No person may operate an aircraft under VFR over routes that can 
be navigated by pilotage unless the aircraft is equipped with the two-
way

[[Page 406]]

radio communication equipment necessary under normal operating 
conditions to fulfill the following:
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Communicate with appropriate air traffic control facilities from 
any point within Class B, Class C, or Class D airspace, or within a 
Class E surface area designated for an airport in which flights are 
intended; and
    (3) Receive meteorological information from any point en route.
    (b) No person may operate an aircraft at night under VFR over routes 
that can be navigated by pilotage unless that aircraft is equipped 
with--
    (1) Two-way radio communication equipment necessary under normal 
operating conditions to fulfill the functions specified in paragraph (a) 
of this section; and
    (2) Navigation equipment suitable for the route to be flown.

[Doc. No. FAA-2002-14002, 72 FR 31684, June 7, 2007]



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 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  Communication and navigation equipment: Extended over-water or 

IFR operations.

    (a) Aircraft navigation equipment requirements--General. Except as 
provided in paragraph (g) of this section, no person may conduct 
operations under IFR or extended over-water unless--
    (1) The en route navigation aids necessary for navigating the 
aircraft along the route (e.g., ATS routes, arrival and departure 
routes, and instrument approach procedures, including missed

[[Page 407]]

approach procedures if a missed approach routing is specified in the 
procedure) are available and suitable for use by the navigation systems 
required by this section:
    (2) The aircraft used in extended over-water operations is equipped 
with at least two-approved independent navigation systems suitable for 
navigating the aircraft along the route to be flown within the degree of 
accuracy required for ATC.
    (3) The aircraft used for IFR operations is equipped with at least--
    (i) One marker beacon receiver providing visual and aural signals; 
and
    (ii) One ILS receiver.
    (4) Any RNAV system used to meet the navigation equipment 
requirements of this section is authorized in the certificate holder's 
operations specifications.
    (b) Use of a single independent navigation system for IFR 
operations. The aircraft may be equipped with a single independent 
navigation system suitable for navigating the aircraft along the route 
to be flown within the degree of accuracy required for ATC if:
    (1) It can be shown that the aircraft is equipped with at least one 
other independent navigation system suitable, in the event of loss of 
the navigation capability of the single independent navigation system 
permitted by this paragraph at any point along the route, for proceeding 
safely to a suitable airport and completing an instrument approach; and
    (2) The aircraft has sufficient fuel so that the flight may proceed 
safely to a suitable airport by use of the remaining navigation system, 
and complete an instrument approach and land.
    (c) VOR navigation equipment. Whenever VOR navigation equipment is 
required by paragraph (a) or (b) of this section, no person may operate 
an aircraft unless it is equipped with at least one approved DME or 
suitable RNAV system.
    (d) Airplane communication equipment requirements. Except as 
permitted in paragraph (e) of this section, no person may operate a 
turbojet airplane having a passenger seat 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 over-water operations unless the airplane is equipped with--
    (1) At least two independent communication systems necessary under 
normal operating conditions to fulfill the functions specified in Sec. 
121.347(a) of this chapter; and
    (2) At least one of the communication systems required by paragraph 
(d)(1) of this section must have two-way voice communication capability.
    (e) IFR or extended over-water communications equipment 
requirements. A person may operate an aircraft other than that specified 
in paragraph (d) of this section under IFR or in extended over-water 
operations if it meets all of the requirements of this section, with the 
exception that only one communication system transmitter is required for 
operations other than extended over-water operations.
    (f) Additional aircraft communication equipment requirements. In 
addition to the requirements in paragraphs (d) and (e) of this section, 
no person may operate an aircraft under IFR or in extended over-water 
operations unless it is equipped with at least:
    (1) Two microphones; and
    (2) Two headsets or one headset and one speaker.
    (g) Extended over-water exceptions. Notwithstanding the requirements 
of paragraphs (a), (d), and (e) of this section, installation and use of 
a single long-range navigation system and a single long-range 
communication system for extended over-water 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 flight crew to navigate the airplane along 
the route within the degree of accuracy required for ATC;
    (2) The length of the route being flown; and
    (3) The duration of the very high frequency communications gap.

[Doc. No. FAA-2002-14002, 72 FR 31684, June 7, 2007]

[[Page 408]]



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  [Reserved]



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;

[[Page 409]]

    (3) Before July 19, 1970, in the normal category and meets the 
additional airworthiness standards in Special Federal Aviation 
Regulation No. 23;
    (4) In the normal category and meets the additional airworthiness 
standards in appendix A;
    (5) In the normal category and complies with section 1.(a) of 
Special Federal Aviation Regulation No. 41;
    (6) In the normal category and complies with section 1.(b) of 
Special Federal Aviation Regulation No. 41; or
    (7) In the commuter category.
    (c) No person may operate a small airplane with a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more, with a 
seating configuration greater than the maximum seating configuration 
used in that type airplane in operations under this part before August 
19, 1977. This paragraph does not apply to--
    (1) An airplane that is type certificated in the transport category; 
or
    (2) An airplane that complies with--
    (i) Appendix A of this part provided that its passenger seating 
configuration, excluding pilot seats, does not exceed 19 seats; or
    (ii) Special Federal Aviation Regulation No. 41.
    (d) Cargo or baggage compartments:
    (1) After March 20, 1991, each Class C or D compartment, as defined 
in Sec. 25.857 of part 25 of this chapter, greater than 200 cubic feet 
in volume in a transport category airplane type certificated after 
January 1, 1958, must have ceiling and sidewall panels which are 
constructed of:
    (i) Glass fiber reinforced resin;
    (ii) Materials which meet the test requirements of part 25, appendix 
F, part III of this chapter; or
    (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)

[[Page 410]]

in effect March 6, 1995 (formerly Sec. 25.83(a-1) in effect on 
September 26, 1988).
    (iii) Except as provided in paragraph (b)(1) (v) or (vi) of this 
section, each airplane for which the application for type certificate 
was filed prior to May 1, 1972, must comply with the provisions of Sec. 
25.853 in effect on April 30, 1972, regardless of the passenger 
capacity, if there is a substantially complete replacement of the cabin 
interior after April 30, 1972.
    (iv) Except as provided in paragraph (b)(1) (v) or (vi) of this 
section, each airplane for which the application for type certificate 
was filed after May 1, 1972, must comply with the material requirements 
under which the airplane was type certificated regardless of the 
passenger capacity if there is a substantially complete replacement of 
the cabin interior after that date.
    (v) Except as provided in paragraph (b)(1)(vi) of this section, each 
airplane that was type certificated after January 1, 1958, must comply 
with the heat release testing provisions of Sec. 25.853(d) in effect 
March 6, 1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986), 
if there is a substantially complete replacement of the cabin interior 
components identified in that paragraph on or after that date, except 
that the total heat release over the first 2 minutes of sample exposure 
shall not exceed 100 kilowatt-minutes per square meter and the peak heat 
release rate shall not exceed 100 kilowatts per square meter.
    (vi) Each airplane that was type certificated after January 1, 1958, 
must comply with the heat release rate and smoke testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in 
effect on August 20, 1986), if there is a substantially complete 
replacement of the cabin interior components identified in that 
paragraph after August 19, 1990.
    (vii) Contrary provisions of this section notwithstanding, the 
Manager of the Transport Airplane Directorate, 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 is installed in the fuselage as replacements 
after September 2, 2005, the insulation must meet the flame propagation 
requirements of Sec. 25.856 of this chapter, effective September 2, 
2003, if it is:
    (i) Of a blanket construction, or
    (ii) Installed around air ducting.

[[Page 411]]

    (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; Amdt. 135-103, 70 FR 77752, Dec. 30, 2005]



Sec. 135.171  Shoulder harness installation at flight crewmember stations.

    (a) No person may operate a turbojet aircraft or an aircraft having 
a passenger seating configuration, excluding any pilot seat, of 10 seats 
or more unless it is equipped with an approved shoulder harness 
installed for each flight crewmember station.
    (b) Each flight crewmember occupying a station equipped with a 
shoulder harness must fasten the shoulder harness during takeoff and 
landing, except that the shoulder harness may be unfastened if the 
crewmember cannot perform the required duties with the shoulder harness 
fastened.



Sec. 135.173  Airborne thunderstorm detection equipment requirements.

    (a) No person may operate an aircraft that has a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more in 
passenger-carrying operations, except a helicopter operating under day 
VFR conditions, unless the aircraft is equipped with either approved 
thunderstorm detection equipment or approved airborne weather radar 
equipment.
    (b) No person may operate a helicopter that has a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more in 
passenger-carrying operations, under night VFR when current weather 
reports indicate that thunderstorms or other potentially hazardous 
weather conditions that can be detected with airborne thunderstorm 
detection equipment may reasonably be expected along the route to be 
flown, unless the helicopter is equipped with either approved 
thunderstorm detection equipment or approved airborne weather radar 
equipment.
    (c) No person may begin a flight under IFR or night VFR conditions 
when current weather reports indicate that thunderstorms or other 
potentially hazardous weather conditions that can be detected with 
airborne thunderstorm detection equipment, required by paragraph (a) or 
(b) of this section, may reasonably be expected along the route to be 
flown, unless the airborne thunderstorm detection equipment is in 
satisfactory operating condition.
    (d) If the airborne thunderstorm detection equipment becomes 
inoperative en route, the aircraft must be operated under the 
instructions and procedures specified for that event in the manual 
required by Sec. 135.21.
    (e) This section does not apply to aircraft used solely within the 
State of 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

[[Page 412]]

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:

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

[[Page 413]]

airplanes operated with fewer than 36 occupants, including crewmembers, 
and fewer than five exits authorized for passenger use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and its 
means of opening must be conspicuously marked. The identity and locating 
of each passenger emergency exit must be recognizable from a distance 
equal to the width of the cabin. The location of each passenger 
emergency exit must be indicated by a sign visible to occupants 
approaching along the main passenger aisle. There must be a locating 
sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible, the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 25.812(b) of this chapter in effect on April 30, 
1972. On these airplanes, no sign may continue to be used if its 
luminescence (brightness) decreases to below 100 microlamberts. The 
colors may be reversed if it increases the emergency illumination of the 
passenger compartment. However, the Administrator may authorize 
deviation from the 2-inch background requirements if he finds that 
special circumstances exist that make compliance impractical and that 
the proposed deviation provides an equivalent level of safety.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
interior emergency exit marking requirements under which the airplane 
was type certificated. On these airplanes, no sign may 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

[[Page 414]]

lighted upon interruption of the airplane's normal electric power;
    (4) Be armed or turned on during taxiing, takeoff, and landing. In 
showing compliance with this paragraph, a transverse vertical separation 
of the fuselage need not be considered;
    (5) Provide the required level of illumination for at least 10 
minutes at the critical ambient conditions after emergency landing; and
    (6) Have a cockpit control device that has an ``on,'' ``off,'' and 
``armed'' position.
    (e) Emergency exit operating handles. (1) For a passenger-carrying 
airplane for which the application for the type certificate was filed 
prior to May 1, 1972, the location of each passenger emergency exit 
operating handle, and instructions for opening the exit, must be shown 
by a marking on or near the exit that is readable from a distance of 30 
inches. In addition, for each Type I and Type II emergency exit with a 
locking mechanism released by rotary motion of the handle, the 
instructions for opening must be shown by--
    (i) A red arrow with a shaft at least three-fourths inch wide and a 
head twice the width of the shaft, extending along at least 70[deg] of 
arc at a radius approximately equal to three-fourths of the handle 
length; and
    (ii) The word ``open'' in red letters 1 inch high placed 
horizontally near the head of the arrow.
    (2) For a passenger-carrying airplane for which the application for 
the type certificate was filed on or after May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown in accordance with the requirements under 
which the airplane was type certificated. On these airplanes, no 
operating handle or operating handle cover may continue to be used if 
its luminescence (brightness) decreases to below 100 microlamberts.
    (f) Emergency exit access. Access to emergency exits must be 
provided as follows for each passenger-carrying airplane:
    (1) Each passageway between individual passenger areas, or leading 
to a Type I or Type II emergency exit, must be unobstructed and at least 
20 inches wide.
    (2) There must be enough space next to each Type I or Type II 
emergency exit to allow a crewmember to assist in the evacuation of 
passengers without reducing the unobstructed width of the passageway 
below that required in paragraph (f)(1) of this section; however, the 
Administrator may authorize deviation from this requirement for an 
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

[[Page 415]]

emergency exit on the side of the fuselage. Each outside marking, 
including the band, must be readily distinguishable from the surrounding 
fuselage area by contrast in color. The markings must comply with the 
following:
    (1) If the reflectance of the darker color is 15 percent or less, 
the reflectance of the lighter color must be at least 45 percent.
    (2) If the reflectance of the darker color is greater than 15 
percent, at least a 30 percent difference between its reflectance and 
the reflectance of the lighter color must be provided.
    (3) Exits that are not in the side of the fuselage must have the 
external means of opening and applicable instructions marked 
conspicuously in red or, if red is inconspicuous against the background 
color, in bright chrome yellow and, when the opening means for such an 
exit is located on only one side of the fuselage, a conspicuous marking 
to that effect must be provided on the other side. ``Reflectance'' is 
the ratio of the luminous flux reflected by a body to the luminous flux 
it receives.
    (h) Exterior emergency lighting and escape route. (1) Each 
passenger-carrying airplane must be equipped with exterior lighting that 
meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of Sec. 
25.812 (f) and (g) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the exterior emergency 
lighting requirements under which the airplane was type certificated.
    (2) Each passenger-carrying airplane must be equipped with a slip-
resistant escape route that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of Sec. 
25.803(e) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the slip-resistant escape 
route requirements under which the airplane was type certificated.
    (i) Floor level exits. Each floor level door or exit in the side of 
the fuselage (other than those leading into a cargo or baggage 
compartment that is not accessible from the passenger cabin) that is 44 
or more inches high and 20 or more inches wide, but not wider than 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.

[[Page 416]]

    (2) The certificate-holding district office has issued the 
certificate holder operations specifications authorizing operations in 
accordance with an approved Minimum Equipment List. The flight crew 
shall have direct access at all times prior to flight to all of the 
information contained in the approved Minimum Equipment List through 
printed or other means approved by the Administrator in the certificate 
holders operations specifications. An approved Minimum Equipment List, 
as authorized by the operations specifications, constitutes an approved 
change to the type design without requiring recertification.
    (3) The approved Minimum Equipment List must:
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section.
    (ii) Provide for the operation of the aircraft with certain 
instruments and equipment in an inoperable condition.
    (4) Records identifying the inoperable instruments and equipment and 
the information required by (a)(3)(ii) of this section must be available 
to the pilot.
    (5) The aircraft is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the operations 
specifications authorizing use of the Minimum Equipment List.
    (b) The following instruments and equipment may not be included in 
the Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
airplane is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an 
aircraft with inoperable instruments or equipment may be operated under 
a special flight permit under 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

[[Page 417]]

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
    (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]

[[Page 418]]



Sec. 135.207  VFR: Helicopter surface reference requirements.

    No person may operate a helicopter under VFR unless that person has 
visual surface reference or, at night, visual surface light reference, 
sufficient to safely control the helicopter.



Sec. 135.209  VFR: Fuel supply.

    (a) No person may begin a flight operation in an airplane under VFR 
unless, considering wind and forecast weather conditions, it has enough 
fuel to fly to the first point of intended landing and, assuming normal 
cruising fuel consumption--
    (1) During the day, to fly after that for at least 30 minutes; or
    (2) At night, to fly after that for at least 45 minutes.
    (b) No person may begin a flight operation in a helicopter under VFR 
unless, considering wind and forecast weather conditions, it has enough 
fuel to fly to the first point of intended landing and, assuming normal 
cruising fuel consumption, to fly after that for at least 20 minutes.



Sec. 135.211  VFR: Over-the-top carrying passengers: Operating limitations.

    Subject to any additional limitations in Sec. 135.181, no person 
may operate an aircraft under VFR over-the-top carrying passengers, 
unless--
    (a) Weather reports or forecasts, or any combination of them, 
indicate that the weather at the intended point of termination of over-
the-top flight--
    (1) Allows descent to beneath the ceiling under VFR and is forecast 
to remain so until at least 1 hour after the estimated time of arrival 
at that point; or
    (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(i) 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; 73 FR 20164, Apr. 15, 2008]



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

[[Page 419]]

IFR over routes outside controlled airspace if--
    (1) The certificate holder shows the Administrator that the flight 
crew is able to navigate, without visual reference to the ground, over 
an intended track without deviating more than 5 degrees or 5 miles, 
whichever is less, from that track; and
    (2) The Administrator determines that the proposed operations can be 
conducted safely.
    (c) A person may operate an aircraft under IFR outside of controlled 
airspace if the certificate holder has been approved for the operations 
and that operation is necessary to--
    (1) Conduct an instrument approach to an airport for which there is 
in use a current approved standard or special instrument approach 
procedure; or
    (2) Climb into controlled airspace during an approved missed 
approach procedure; or
    (3) Make an IFR departure from an airport having an approved 
instrument approach procedure.
    (d) The Administrator may issue operations specifications to the 
certificate holder to allow it to depart at an airport that does not 
have an approved standard instrument approach procedure when the 
Administrator determines that it is necessary to make an IFR departure 
from that airport and that the proposed operations can be conducted 
safely. The approval to operate at that airport does not include an 
approval to make an IFR approach to that airport.



Sec. 135.217  IFR: Takeoff limitations.

    No person may takeoff an aircraft under IFR from an airport where 
weather conditions are at or above takeoff minimums but are below 
authorized IFR landing minimums unless there is an alternate airport 
within 1 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

[[Page 420]]

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 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 
DA/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 DA/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

[[Page 421]]

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.
    (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; 
Amdt. 135-110, 72 FR 31685, June 7, 2007]



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

[[Page 422]]

    (2) Under VFR into known light or moderate icing conditions; unless 
the aircraft has functioning deicing or anti-icing equipment protecting 
each rotor blade, propeller, windshield, wing, stabilizing or control 
surface, and each airspeed, altimeter, rate of climb, or flight attitude 
instrument system.
    (d) No pilot may fly a helicopter under IFR into known or forecast 
icing conditions or under VFR into known icing conditions unless it has 
been type certificated and appropriately equipped for operations in 
icing conditions.
    (e) Except for an airplane that has ice protection provisions that 
meet section 34 of appendix A, or those for transport category airplane 
type certification, no pilot may fly an aircraft into known or forecast 
severe icing conditions.
    (f) If current weather reports and briefing information relied upon 
by the pilot in command indicate that the forecast icing condition that 
would otherwise prohibit the flight will not be encountered during the 
flight because of changed weather conditions since the forecast, the 
restrictions in paragraphs (c), (d), and (e) of this section based on 
forecast conditions do not apply.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 133-20, 
51 FR 40710, Nov. 7, 1986; Amdt. 135-46, 58 FR 69629, Dec. 30, 1993; 
Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 135.229  Airport requirements.

    (a) No certificate holder may use any airport unless it is adequate 
for the proposed operation, considering such items as size, surface, 
obstructions, and lighting.
    (b) No pilot of an aircraft carrying passengers at night may takeoff 
from, or land on, an airport unless--
    (1) That pilot has determined the wind direction from an illuminated 
wind direction indicator or local ground communications or, in the case 
of takeoff, that pilot's personal observations; and
    (2) The limits of the area to be used for landing or takeoff are 
clearly shown--
    (i) For airplanes, by boundary or runway marker lights;
    (ii) For helicopters, by boundary or runway marker lights or 
reflective material.
    (c) For the purpose of paragraph (b) of this section, if the area to 
be used for takeoff or landing is marked by flare pots or lanterns, 
their use must be approved by the Administrator.



                Subpart E_Flight Crewmember Requirements



Sec. 135.241  Applicability.

    Except as provided in Sec. 135.3, this subpart prescribes the 
flight crewmember requirements for operations under this part.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 121-
250, 60 FR 65950, Dec. 20, 1995]



Sec. 135.243  Pilot in command qualifications.

    (a) No certificate holder may use a person, nor may any person 
serve, as pilot in command in passenger-carrying operations--
    (1) Of a turbojet airplane, of an airplane having a passenger-seat 
configuration, excluding each crewmember seat, of 10 seats or more, or 
of a multiengine airplane in a commuter operation as defined in part 119 
of this chapter, unless that person holds an airline transport pilot 
certificate with appropriate category and class ratings and, if 
required, an appropriate type rating for that airplane.
    (2) Of a helicopter in a scheduled interstate air transportation 
operation by an air carrier within the 48 contiguous states unless that 
person holds an airline transport pilot certificate, appropriate type 
ratings, and an instrument rating.
    (b) Except as provided in paragraph (a) of this section, no 
certificate holder may use a person, nor may any person serve, as pilot 
in command of an aircraft under VFR unless that person--
    (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

[[Page 423]]

    (3) For an airplane, holds an instrument rating or an airline 
transport pilot certificate with an airplane category rating; or
    (4) For helicopter operations conducted VFR over-the-top, holds a 
helicopter instrument rating, or an airline transport pilot certificate 
with a category and class rating for that aircraft, not limited to VFR.
    (c) Except as provided in paragraph (a) of this section, no 
certificate holder may use a person, nor may any person serve, as pilot 
in command of an aircraft under IFR unless that person--
    (1) Holds at least a commercial pilot certificate with appropriate 
category and class ratings and, if required, an appropriate type rating 
for that aircraft; and
    (2) Has had at least 1,200 hours of flight time as a pilot, 
including 500 hours of cross country flight time, 100 hours of night 
flight time, and 75 hours of actual or simulated instrument time at 
least 50 hours of which were in actual flight; and
    (3) For an airplane, holds an instrument rating or an airline 
transport pilot certificate with an airplane category rating; or
    (4) For a helicopter, holds a helicopter instrument rating, or an 
airline transport pilot certificate with a category and class rating for 
that aircraft, not limited to VFR.
    (d) Paragraph (b)(3) of this section does not apply when--
    (1) The aircraft used is a single reciprocating-engine-powered 
airplane;
    (2) The certificate holder does not conduct any operation pursuant 
to a published flight schedule which specifies five or more round trips 
a week between two or more points and places between which the round 
trips are performed, and does not transport mail by air under a contract 
or contracts with the United States Postal Service having total amount 
estimated at the beginning of any semiannual reporting period (January 
1-June 30; July 1-December 31) to be in excess of $20,000 over the 12 
months commencing with the beginning of the reporting period;
    (3) The area, as specified in the certificate holder's operations 
specifications, is an isolated area, as determined by the Flight 
Standards district office, if it is shown that--
    (i) The primary means of navigation in the area is by pilotage, 
since radio navigational aids are largely ineffective; and
    (ii) The primary means of transportation in the area is by air;
    (4) Each flight is conducted under day VFR with a ceiling of not 
less than 1,000 feet and visibility not less than 3 statute miles;
    (5) Weather reports or forecasts, or any combination of them, 
indicate that for the period commencing with the planned departure and 
ending 30 minutes after the planned arrival at the destination the 
flight may be conducted under VFR with a ceiling of not less than 1,000 
feet and visibility of not less than 3 statute miles, except that if 
weather reports and forecasts are not available, the pilot in command 
may use that pilot's observations or those of other persons competent to 
supply weather observations if those observations indicate the flight 
may be conducted under VFR with the ceiling and visibility required in 
this paragraph;
    (6) The distance of each flight from the certificate holder's base 
of operation to destination does not exceed 250 nautical miles for a 
pilot who holds a commercial pilot certificate with an airplane rating 
without an instrument rating, provided the pilot's certificate does not 
contain any limitation to the contrary; and
    (7) The areas to be flown are approved by the certificate-holding 
FAA Flight Standards district office and are listed in the certificate 
holder's operations specifications.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; Amdt. 135-1, 43 FR 49975, 
Oct 26, 1978, as amended by Amdt. 135-15, 46 FR 30971, June 11, 1981; 
Amdt. 135-58, 60 FR 65939, Dec. 20, 1995]



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

[[Page 424]]

in that crewmember position, the following operating experience in each 
make and basic model of aircraft to be flown:
    (1) Aircraft, single engine--10 hours.
    (2) Aircraft multiengine, reciprocating engine-powered--15 hours.
    (3) Aircraft multiengine, turbine engine-powered--20 hours.
    (4) Airplane, turbojet-powered--25 hours.
    (b) In acquiring the operating experience, each person must comply 
with the following:
    (1) The operating experience must be acquired after satisfactory 
completion of the appropriate ground and flight training for the 
aircraft and crewmember position. Approved provisions for the operating 
experience must be included in the certificate holder's training 
program.
    (2) The experience must be acquired in flight during commuter 
passenger-carrying operations under this part. However, in the case of 
an aircraft not previously used by the certificate holder in operations 
under this part, operating experience acquired in the aircraft during 
proving flights or ferry flights may be used to meet this requirement.
    (3) Each person must acquire the operating experience while 
performing the duties of a pilot in command under the supervision of a 
qualified check pilot.
    (4) The hours of operating experience may be reduced to not less 
than 50 percent of the hours required by this section by the 
substitution of one additional takeoff and landing for each hour of 
flight.

[Doc. No. 20011, 45 FR 7541, Feb. 4, 1980, as amended by Amdt. 135-9, 45 
FR 80461, Dec. 14, 1980; Amdt. 135-58, 60 FR 65940, Dec. 20, 1995]



Sec. 135.245  Second in command qualifications.

    (a) Except as provided in paragraph (b), no certificate holder may 
use any person, nor may any person serve, as second in command of an 
aircraft unless that person holds at least a commercial pilot 
certificate with appropriate category and class ratings and an 
instrument rating. For flight under IFR, that person must meet the 
recent instrument experience requirements of part 61 of this chapter.
    (b) A second in command of a helicopter operated under VFR, other 
than over-the-top, must have at least a commercial pilot certificate 
with an appropriate aircraft category and class rating.

[44 FR 26738, May 7, 1979]



Sec. 135.247  Pilot qualifications: Recent experience.

    (a) No certificate holder may use any person, nor may any person 
serve, as pilot in command of an aircraft carrying passengers unless, 
within the preceding 90 days, that person has--
    (1) Made three takeoffs and three landings as the sole manipulator 
of the flight controls in an aircraft of the same category and class 
and, if a type rating is required, of the same type in which that person 
is to serve; or
    (2) For operation during the period beginning 1 hour after sunset 
and ending 1 hour before sunrise (as published in the Air Almanac), made 
three takeoffs and three landings during that period as the sole 
manipulator of the flight controls in an aircraft of the same category 
and class and, if a type rating is required, of the same type in which 
that person is to serve.

A person who complies with paragraph (a)(2) of this section need not 
comply with paragraph (a)(1) of this section.
    (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

[[Page 425]]

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 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]

[[Page 426]]



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 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. 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.

[[Page 427]]

    (f) Refusal to submit to a required alcohol test. A covered employee 
may not refuse to submit to any alcohol test required under appendix J 
to part 121 of this chapter. An operator or certificate holder may not 
permit an 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, as amended by Amdt. 135-105, 
71 FR 35765, June 21, 2006]



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 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. 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).

[[Page 428]]

    (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 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.

[[Page 429]]



Sec. 135.267  Flight time limitations and rest requirements: Unscheduled one- 

and two-pilot crews.

    (a) No certificate holder may assign any flight crewmember, and no 
flight crewmember may accept an assignment, for flight time as a member 
of a one- or two-pilot crew if that crewmember's total flight time in 
all commercial flying will exceed--
    (1) 500 hours in any calendar quarter.
    (2) 800 hours in any two consecutive calendar quarters.
    (3) 1,400 hours in any calendar year.
    (b) Except as provided in paragraph (c) of this section, during any 
24 consecutive hours the total flight time of the assigned flight when 
added to any other commercial flying by that flight crewmember may not 
exceed--
    (1) 8 hours for a flight crew consisting of one pilot; or
    (2) 10 hours for a flight crew consisting of two pilots qualified 
under this part for the operation being conducted.
    (c) A flight crewmember's flight time may exceed the flight time 
limits of paragraph (b) of this section if the assigned flight time 
occurs during a regularly assigned duty period of no more than 14 hours 
and--
    (1) If this duty period is immediately preceded by and followed by a 
required rest period of at least 10 consecutive hours of rest;
    (2) If flight time is assigned during this period, that total flight 
time when added to any other commercial flying by the flight crewmember 
may not exceed--
    (i) 8 hours for a flight crew consisting of one pilot; or
    (ii) 10 hours for a flight crew consisting of two pilots; and
    (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, 1985, 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;

[[Page 430]]

    (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.



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.

[[Page 431]]

    Flight attendant means an individual, other than a flight 
crewmember, who is assigned by the certificate holder, in accordance 
with the required minimum crew complement under the certificate holder's 
operations specifications or in addition to that minimum complement, to 
duty in an aircraft during flight time and whose duties include but are 
not necessarily limited to cabin-safety-related responsibilities.
    Rest period means the period free of all responsibility for work or 
duty should the occasion arise.
    (b) Except as provided in paragraph (c) of this section, a 
certificate holder may assign a duty period to a flight attendant only 
when the applicable duty period limitations and rest requirements of 
this paragraph are met.
    (1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, no certificate holder may assign a flight attendant to a 
scheduled duty period of more than 14 hours.
    (2) Except as provided in paragraph (b)(3) of this section, a flight 
attendant scheduled to a duty period of 14 hours or less as provided 
under paragraph (b)(1) of this section must be given a scheduled rest 
period of at least 9 consecutive hours. This rest period must occur 
between the completion of the scheduled duty period and the commencement 
of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section 
may be scheduled or reduced to 8 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 10 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period 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

[[Page 432]]

flight attendant for a duty period of more than 14 hours during the 24-
hour period commencing after the beginning of the reduced rest period.
    (10) No certificate holder may assign a flight attendant any duty 
period with the certificate holder unless the flight attendant has had 
at least the minimum rest required under this section.
    (11) No certificate holder may assign a flight attendant to perform 
any duty with the certificate holder during any required rest period.
    (12) Time spent in transportation, not local in character, that a 
certificate holder requires of a flight attendant and provides to 
transport the flight attendant to an airport at which that flight 
attendant is to serve on a flight as a crewmember, or from an airport at 
which the flight attendant was relieved from duty to return to the 
flight attendant's home station, is not considered part of a rest 
period.
    (13) Each certificate holder must relieve each flight attendant 
engaged in air transportation from all further duty for at least 24 
consecutive hours during any 7 consecutive calendar days.
    (14) A flight attendant is not considered to be scheduled for duty 
in excess of duty period limitations if the flights to which the flight 
attendant is assigned are scheduled and normally terminate within the 
limitations but due to circumstances beyond the control of the 
certificate holder (such as adverse weather conditions) are not at the 
time of departure expected to reach their destination within the 
scheduled time.
    (c) Notwithstanding paragraph (b) of this section, a certificate 
holder may apply the flight crewmember flight 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

[[Page 433]]

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 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

[[Page 434]]

flight check in the certificate holder's pilot records.
    (f) Portions of a required competency check may be given in an 
aircraft simulator or other appropriate training device, if approved by 
the Administrator.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-27, 
53 FR 37697, Sept. 27, 1988]



Sec. 135.295  Initial and recurrent flight attendant crewmember testing 

requirements.

    No certificate holder may use a flight attendant crewmember, nor may 
any person serve as a flight attendant crewmember unless, since the 
beginning of the 12th calendar month before that service, the 
certificate holder has determined by appropriate initial and recurrent 
testing that the person is knowledgeable and competent in the following 
areas as appropriate to assigned duties and responsibilities--
    (a) Authority of the pilot in command;
    (b) Passenger handling, including procedures to be followed in 
handling deranged persons or other persons whose conduct might 
jeopardize safety;
    (c) Crewmember assignments, functions, and responsibilities during 
ditching and evacuation of persons who may need the assistance of 
another person to move expeditiously to an exit in an emergency;
    (d) Briefing of passengers;
    (e) Location and operation of portable fire extinguishers and other 
items of emergency equipment;
    (f) Proper use of cabin equipment and controls;
    (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

[[Page 435]]

    (ii) For a pilot in command of an airplane or helicopter under Sec. 
135.243(c), include the procedures and maneuvers for a commercial pilot 
certificate with an instrument rating and, if required, for the 
appropriate type rating.
    (2) The instrument proficiency check must be given by an authorized 
check airman or by the Administrator.
    (d) If the pilot in command is assigned to pilot only one type of 
aircraft, that pilot must take the instrument proficiency check required 
by paragraph (a) of this section in that type of aircraft.
    (e) If the pilot in command is assigned to pilot more than one type 
of aircraft, that pilot must take the instrument proficiency check 
required by paragraph (a) of this section in each type of aircraft to 
which that pilot is assigned, in rotation, but not more than one flight 
check during each period described in paragraph (a) of this section.
    (f) If the pilot in command is assigned to pilot both single-engine 
and multiengine aircraft, that pilot must initially take the instrument 
proficiency check required by paragraph (a) of this section in a 
multiengine aircraft, and each succeeding check alternately in single-
engine and multiengine aircraft, but not more than one flight check 
during each period described in paragraph (a) of this section. Portions 
of a required flight check may be given in an aircraft simulator or 
other appropriate training device, if approved by the Administrator.
    (g) If the pilot in command is authorized to use an autopilot system 
in place of a second in command, that pilot 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

[[Page 436]]

check in the calendar month in which it is required.
    (b) If a pilot being checked under this subpart fails any of the 
required maneuvers, the person giving the check may give additional 
training to the pilot during the course of the check. In addition to 
repeating the maneuvers failed, the person giving the check may require 
the pilot being checked to repeat any other maneuvers that are necessary 
to determine the pilot's proficiency. If the pilot being checked is 
unable to demonstrate satisfactory performance to the person conducting 
the check, the certificate holder may not use the pilot, nor may the 
pilot serve, as a flight crewmember in operations under this part until 
the pilot has satisfactorily completed the check.



                           Subpart H_Training



Sec. 135.321  Applicability and terms used.

    (a) Except as provided in Sec. 135.3, this subpart prescribes the 
requirements applicable to--
    (1) A certificate holder under this part which contracts with, or 
otherwise arranges to use the services of a training center certificated 
under part 142 to perform training, testing, and checking functions;
    (2) Each certificate holder for establishing and maintaining an 
approved training program for crewmembers, check airmen and instructors, 
and other operations personnel employed or used by that certificate 
holder; and
    (3) Each certificate holder for the qualification, approval, and use 
of aircraft simulators and flight training devices in the conduct of the 
program.
    (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 and implement a training program that satisfies the 
requirements of this subpart and that ensures that each crewmember, 
aircraft dispatcher, flight instructor and check airman is adequately 
trained to perform his or her assigned duties. Prior to implementation, 
the certificate holder must obtain initial and final FAA approval of the 
training program.
    (2) Provide adequate ground and flight training facilities and 
properly

[[Page 437]]

qualified ground instructors for the training required by this subpart.
    (3) Provide and keep current for each aircraft type used and, if 
applicable, the particular variations within the aircraft type, 
appropriate training material, examinations, forms, instructions, and 
procedures for use in conducting the training and checks required by 
this subpart.
    (4) Provide enough flight instructors, check airmen, and simulator 
instructors to conduct required flight training and flight checks, and 
simulator training courses allowed under this subpart.
    (b) Whenever a crewmember who is required to take recurrent training 
under this subpart completes the training in the calendar month before, 
or the calendar month after, the month in which that training is 
required, the crewmember is considered to have completed it in the 
calendar month in which it was required.
    (c) Each instructor, supervisor, or check airman who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this part 
shall certify as to the proficiency and knowledge of the crewmember, 
flight instructor, or check airman concerned upon completion of that 
training or check. That certification shall be made a part of the 
crewmember's record. When the certification required by this paragraph 
is made by an entry in a computerized recordkeeping system, the 
certifying instructor, supervisor, or check airman, must be identified 
with that entry. However, the signature of the certifying instructor, 
supervisor, or check airman, is not required for computerized entries.
    (d) Training subjects that apply to more than one aircraft or 
crewmember position and that have been satisfactorily completed during 
previous training while employed by the certificate holder for another 
aircraft or another crewmember position, need not be repeated during 
subsequent training other than recurrent training.
    (e) Aircraft simulators and other training devices may be used in 
the certificate holder's training program if approved by the 
Administrator.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
101, 70 FR 58829, Oct. 7, 2005]



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

[[Page 438]]

    (2) Additional relevant information that may be requested by the 
Administrator.
    (b) If the proposed training program or revision complies with this 
subpart, the Administrator grants initial approval in writing after 
which the certificate holder may conduct the training under that 
program. The Administrator then evaluates the effectiveness of the 
training program and advises the certificate holder of deficiencies, if 
any, that must be corrected.
    (c) The Administrator grants final approval of the proposed training 
program or revision if the certificate holder shows that the training 
conducted under the initial approval in paragraph (b) of this section 
ensures that each person who successfully completes the training is 
adequately trained to perform that person's assigned duties.
    (d) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of a training program that has been granted 
final approval, the certificate holder shall, after notification by the 
Administrator, make any changes in the program that are found necessary 
by the Administrator. Within 30 days after the certificate holder 
receives the notice, it may file a petition to reconsider the notice 
with the Administrator. The filing of a petition to reconsider stays the 
notice pending a decision by the Administrator. However, if the 
Administrator finds that there is an emergency that requires immediate 
action in the interest of safety, the Administrator may, upon a 
statement of the reasons, require a change effective without stay.



Sec. 135.327  Training program: Curriculum.

    (a) Each certificate holder must prepare and keep current a written 
training program curriculum for each type 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,

[[Page 439]]

crewmember position, and type of operation in which the crewmember 
serves; and
    (2) Qualifies in new equipment, facilities, procedures, and 
techniques, including modifications to aircraft.



Sec. 135.331  Crewmember emergency training.

    (a) Each training program must provide emergency training under this 
section for each aircraft type, model, and configuration, each 
crewmember, and each kind of operation conducted, as appropriate for 
each crewmember and the certificate holder.
    (b) Emergency training must provide the following:
    (1) Instruction in emergency assignments and procedures, including 
coordination among crewmembers.
    (2) Individual instruction in the location, function, and operation 
of emergency equipment including--
    (i) Equipment used in ditching and evacuation;
    (ii) First aid equipment and its proper use; and
    (iii) Portable fire extinguishers, with emphasis on the type of 
extinguisher to be used on different classes of fires.
    (3) Instruction in the handling of emergency situations including--
    (i) Rapid decompression;
    (ii) Fire in flight or on the surface and smoke control procedures 
with emphasis on electrical equipment and related circuit breakers found 
in cabin areas;
    (iii) Ditching and evacuation;
    (iv) Illness, injury, or other abnormal situations involving 
passengers or crewmembers; and
    (v) Hijacking and other unusual situations.
    (4) Review of the certificate holder's previous aircraft accidents 
and incidents involving actual emergency situations.
    (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. 135.335  Approval of aircraft simulators and other training devices.

    (a) Training courses using aircraft simulators and other training 
devices may be included in the certificate holder's training program if 
approved by the Administrator.
    (b) Each aircraft simulator and other training device that is used 
in a training course or in checks required under this subpart must meet 
the following requirements:
    (1) It must be specifically approved for--
    (i) The certificate holder; and
    (ii) The particular maneuver, procedure, or crewmember function 
involved.
    (2) It must maintain the performance, functional, and other 
character- istics that are required for approval.
    (3) Additionally, for aircraft simulators, it must be--
    (i) Approved for the type aircraft and, if applicable, the 
particular variation within type for which the training or check is 
being conducted; and
    (ii) Modified to conform with any modification to the aircraft being 
simulated that changes the performance, functional, or other 
characteristics required for approval.

[[Page 440]]

    (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, 1979]



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--
    (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

[[Page 441]]

    (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 calendar 
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
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.

[[Page 442]]

    (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 443]]



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 444]]

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 DA/DH or MDA;
    (8) ETOPS, if applicable;
    (9) After August 13, 2008, passenger recovery plan for any 
passenger-carrying operation (other than intrastate operations wholly 
within the state of Alaska) in the North Polar area; and
    (10) 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),

[[Page 445]]

other systems, as appropriate, principles of normal, abnormal, and 
emergency operations, appropriate procedures and limitations;
    (6) Knowledge and procedures for--
    (i) Recognizing and avoiding severe weather situations;
    (ii) Escaping from severe weather situations, in case of inadvertent 
encounters, including low-altitude windshear (except that rotorcraft 
pilots are not required to be trained in escaping from low-altitude 
windshear);
    (iii) Operating in or near thunderstorms (including best penetrating 
altitudes), turbulent air (including clear 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; 
Amdt. 135-108, 72 FR 1885, Jan. 16, 2007; Amdt. 135-110, 72 FR 31685, 
June 7, 2007; Amdt. 135-112, 73 FR 8798, Feb. 15, 2008]



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--

[[Page 446]]

    (1) A general description of the aircraft emphasizing physical 
characteristics that may have a bearing on ditching, evacuation, and 
inflight emergency procedures and on other related duties;
    (2) The use of both the public address system and the means of 
communicating with other flight crewmembers, including emergency means 
in the case of attempted hijacking or other unusual situations; and
    (3) Proper use of electrical galley equipment and the controls for 
cabin heat and ventilation.



Sec. 135.351  Recurrent training.

    (a) Each certificate holder must ensure that each crewmember 
receives recurrent training and is adequately trained and currently 
proficient for the type aircraft and crewmember position involved.
    (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

[[Page 447]]

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.
    (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. 135.364  Maximum flying time outside the United States.

    After August 13, 2008, no certificate holder may operate an 
airplane, other than an all-cargo airplane with more than two engines, 
on a planned route that exceeds 180 minutes flying time (at the one-
engine-inoperative cruise speed under standard conditions in still air) 
from an Adequate Airport outside the continental United States unless 
the operation is approved by the FAA in accordance with Appendix G of 
this part, Extended Operations (ETOPS).

[Doc. No. FAA-1999-6717, 73 FR 8798, Feb. 15, 2008]



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

[[Page 448]]

elevation outside of the range for which maximum landing weights have 
been determined for that airplane.
    (c) No person may specify, or have specified, an alternate airport 
that is located at an elevation outside of the range for which maximum 
landing weights have been determined for the reciprocating engine 
powered large transport category airplane concerned.
    (d) No person may take off a reciprocating engine powered large 
transport category airplane at a weight more than the maximum authorized 
takeoff weight for the elevation of the airport.
    (e) No person may take off a reciprocating engine powered large 
transport category airplane if its weight on arrival at the airport of 
destination will be more than the maximum authorized landing weight for 
the elevation of that airport, allowing for normal consumption of fuel 
and oil en route.



Sec. 135.367  Large transport category airplanes: Reciprocating engine 

powered: Takeoff limitations.

    (a) No person operating a reciprocating engine powered large 
transport category airplane may take off that airplane unless it is 
possible--
    (1) To stop the airplane safely on the runway, as shown by the 
accelerate-stop distance data, at any time during takeoff until reaching 
critical-engine failure speed;
    (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

[[Page 449]]

Sec. 135.377, allowing for normal consumption of fuel and oil. After 
the assumed failure, the flight path must clear the ground and any 
obstruction within five miles on each side of the intended track by at 
least 2,000 feet.
    (c) If an approved procedure under paragraph (b) of this section is 
used, the certificate holder shall comply with the following:
    (1) The rate of climb (as prescribed in the Airplane Flight Manual 
for the appropriate weight and altitude) used in calculating the 
airplane's flight path shall be diminished by an amount in feet per 
minute, equal to (0.079-0.106/N) Vso2 (when N is the number 
of engines installed and Vso is expressed in knots) for 
airplanes certificated under part 25 of this chapter and by 0.026 
Vso2 for airplanes certificated under part 4a of the Civil 
Air Regulations.
    (2) The all-engines-operating altitude shall be sufficient so that 
in the event the critical engine becomes inoperative at any point along 
the route, the flight will be able to proceed to a predetermined 
alternate airport by use of this procedure. In determining the takeoff 
weight, the airplane is assumed to pass over the critical obstruction 
following engine failure at a point no closer to the critical 
obstruction than the nearest approved 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.

[Docket No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
110, 72 FR 31685, June 7, 2007]



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

[[Page 450]]

the two engines fail is considered to be not less than that which would 
include enough fuel to proceed to an airport meeting Sec. 135.377 and 
to arrive at an altitude of at least 1,000 feet directly over that 
airport.



Sec. 135.375  Large transport category airplanes: Reciprocating engine 

powered: Landing limitations: Destination airports.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a reciprocating engine powered large transport category 
airplane may take off that airplane, unless its weight on arrival, 
allowing for normal consumption of fuel and oil in flight, would allow a 
full stop landing at the intended destination within 60 percent of the 
effective length of each runway described below from a point 50 feet 
directly above the intersection of the obstruction clearance plane and 
the runway. For the purposes of determining the allowable landing weight 
at the destination airport the following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction (forecast for the expected time 
of arrival), the ground handling characteristics of the type of 
airplane, and other conditions such as landing aids and terrain, and 
allowing for the effect of the landing path and roll of not more than 50 
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

[[Page 451]]

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, 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 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

[[Page 452]]

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.

[Docket No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
110, 72 FR 31685, June 7, 2007]



Sec. 135.383  Large transport category airplanes: Turbine engine powered: En 

route limitations: Two engines inoperative.

    (a) Airplanes certificated after August 26, 1957, but before October 
1, 1958 (SR422). No person may operate a turbine engine powered large 
transport category airplane along an intended route unless that person 
complies with either of the following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets Sec. 135.387.
    (2) Its weight, according to the two-engine-inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets Sec. 135.387, with a net flight 
path (considering the ambient temperature anticipated along the track) 
having a positive slope at an altitude of at least 1,000 feet above all 
terrain and obstructions within five statute miles on each side of the 
intended track, or at an altitude of 5,000 feet, whichever is higher.

For the purposes of paragraph (a)(2) of this section, it is assumed that 
the two engines fail at the most critical point en route, that if fuel 
jettisoning is provided, the airplane's weight at the point where the 
engines fail includes enough fuel to continue to the airport and to 
arrive at an altitude of at least 1,000 feet directly over the airport, 
and that the fuel and oil consumption after engine failure is the same 
as the consumption allowed for in the net flight path data in the 
Airplane Flight Manual.
    (b) Airplanes certificated after September 30, 1958, but before 
August 30, 1959 (SR422A). No person may operate a 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

[[Page 453]]

point where the two engines are assumed to fail simultaneously to an 
airport that meets Sec. 135.387, with the net flight path (considering 
the ambient temperatures anticipated along the track) clearing 
vertically by at least 2,000 feet all terrain and obstructions within 
five statute miles on each side of the intended track. For the purposes 
of this paragraph, it is assumed that--
    (i) The two engines fail at the most critical point en route;
    (ii) The net flight path has a positive slope at 1,500 feet above 
the airport where the landing is assumed to be made after the engines 
fail;
    (iii) Fuel jettisoning will be approved if the certificate holder 
shows that the crew is properly instructed, that the training program is 
adequate, and that all other precautions are taken to ensure a safe 
procedure;
    (iv) The airplane's weight at the point where the two engines are 
assumed to fail provides enough fuel to continue to the airport, to 
arrive at an altitude of at least 1,500 feet directly over the airport, 
and after that to fly for 15 minutes at cruise power or thrust, or both; 
and
    (v) The consumption of fuel and oil after the engines fail is the 
same as the consumption that is allowed for in the net flight path data 
in the Airplane Flight Manual.



Sec. 135.385  Large transport category airplanes: Turbine engine powered: 

Landing limitations: Destination airports.

    (a) No person operating a turbine engine powered large transport 
category airplane may take off that airplane at a weight that (allowing 
for normal consumption of fuel and oil in flight to the destination or 
alternate airport) the weight of the airplane on arrival would exceed 
the landing weight in the Airplane Flight Manual for the elevation of 
the destination or alternate airport and the ambient temperature 
anticipated at the time of landing.
    (b) Except as provided in paragraph (c), (d), (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.

[[Page 454]]

    (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.
    (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.

[[Page 455]]



Sec. 135.391  Large nontransport category airplanes: En route limitations: One 

engine inoperative.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a large nontransport category airplane may take off that 
airplane at a weight that does not allow a rate of climb of at least 50 
feet a minute, with the critical engine inoperative, at an altitude of 
at least 1,000 feet above the highest obstruction within five miles on 
each side of the intended track, or 5,000 feet, whichever is higher.
    (b) Without regard to paragraph (a) of this section, if the 
Administrator finds that safe operations are not impaired, a person may 
operate the airplane at an altitude that allows the airplane, in case of 
engine failure, to clear all obstructions within five miles on each side 
of the intended track by 1,000 feet. If this procedure is used, the rate 
of descent for the appropriate weight and altitude is assumed to be 50 
feet a minute greater than the rate in the approved performance data. 
Before approving such a procedure, the Administrator considers the 
following for the route, route segement, or area concerned:
    (1) The reliability of wind and weather forecasting.
    (2) The location and kinds of navigation aids.
    (3) The prevailing weather conditions, particularly the frequency 
and amount of turbulence normally encountered.
    (4) Terrain features.
    (5) Air traffic problems.
    (6) Any other operational factors that affect the operations.
    (c) For the purposes of this section, it is assumed that--
    (1) The critical engine is inoperative;
    (2) The propeller of the inoperative engine is in the minimum drag 
position;
    (3) The wing flaps and landing gear are in the most favorable 
position;
    (4) The operating engines are operating at the maximum continuous 
power available;
    (5) The airplane is operating in standard atmosphere; and
    (6) The weight of the airplane is progressively reduced by the 
anticipated consumption of fuel and oil.



Sec. 135.393  Large nontransport category airplanes: Landing limitations: 

Destination airports.

    (a) No person operating a large nontransport category airplane may 
take off that airplane at a weight that--
    (1) Allowing for anticipated consumption of fuel and oil, is greater 
than the weight that would allow a full stop landing within 60 percent 
of the effective length of the most suitable runway at the destination 
airport; and
    (2) Is greater than the weight allowable if the landing is to be 
made on the runway--
    (i) With the greatest effective length in still air; and
    (ii) Required by the probable wind, taking into account not more 
than 50 percent of the headwind component or not less than 150 percent 
of the tailwind component.
    (b) For the purpose of this section, it is assumed that--
    (1) The airplane passes directly over the intersection of the 
obstruction clearance plane and the runway at a height of 50 feet in a 
steady gliding approach at a true indicated airspeed of at least 1.3 
Vso;
    (2) The landing does not require exceptional pilot skill; and
    (3) The airplane is operating in standard atmosphere.



Sec. 135.395  Large nontransport category airplanes: Landing limitations: 

Alternate airports.

    No person may select an airport as an alternate airport for a large 
nontransport category airplane unless that airplane (at the weight 
anticipated at the time of arrival), based on the assumptions in Sec. 
135.393(b), can be brought to a full stop landing within 70 percent of 
the effective length of the runway.



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.

[[Page 456]]

    (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 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, 
135.417, 135.421 and 135.422. 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, 135.417, 
135.423 through 135.443.
    (b) A certificate holder who is not otherwise required, may elect to 
maintain its aircraft under paragraph (a)(2) of this section.
    (c) Single engine aircraft used in passenger-carrying IFR operations 
shall also be maintained in accordance with Sec. 135.421 (c), (d), and 
(e).

[[Page 457]]

    (d) A certificate holder who elects to operate in accordance with 
Sec. 135.364 must maintain its aircraft under paragraph (a)(2) of this 
section and the additional requirements of Appendix G of this part.

[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; Amdt. 135-81, 70 FR 5533, Feb. 
2, 2005; Amdt. 135-108, 72 FR 1885, Jan. 16, 2007; 72 FR 53114, Sept. 
18, 2007]



Sec. 135.413  Responsibility for airworthiness.

    (a) Each certificate holder is primarily responsible for the 
airworthiness of its aircraft, including airframes, aircraft engines, 
propellers, rotors, appliances, and parts, and shall have its aircraft 
maintained under this chapter, and shall have defects repaired between 
required maintenance under part 43 of this chapter.
    (b) Each certificate holder who maintains its aircraft under Sec. 
135.411(a)(2) shall--
    (1) Perform the maintenance, preventive maintenance, and alteration 
of its aircraft, including airframe, aircraft engines, propellers, 
rotors, appliances, emergency equipment and parts, under its manual and 
this chapter; or
    (2) Make arrangements with another person for the performance of 
maintenance, preventive maintenance, or alteration. However, the 
certificate holder shall ensure that any maintenance, preventive 
maintenance, or alteration that is performed by another person is 
performed under the certificate holder's manual and this chapter.



Sec. 135.415  Service difficulty 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 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 the FAA 
offices in Oklahoma City, Oklahoma. Each report of occurrences during a 
24-hour period

[[Page 458]]

shall be submitted to the collection point 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.
    (e) The certificate holder shall transmit the reports required by 
this section on a form and in a manner prescribed by the Administrator, 
and shall include as much of the following as is available:
    (1) The type and identification number of the aircraft.
    (2) The name of the operator.
    (3) The date.
    (4) The nature of the failure, malfunction, or defect.
    (5) Identification of the part and system involved, including 
available information pertaining to type designation of the major 
component and time since last overhaul, if known.
    (6) Apparent cause of the failure, malfunction or defect (e.g., 
wear, crack, design deficiency, or personnel error).
    (7) Other pertinent information necessary for more complete 
identification, determination of seriousness, or corrective action.
    (f) A certificate holder that is also the holder of a type 
certificate (including a supplemental type certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order Authorization, or 
that is the licensee of a type certificate need not report a failure, 
malfunction, or defect under this section if the failure, malfunction, 
or defect has been reported by it under Sec. 21.3 or Sec. 37.17 of 
this chapter or under the accident reporting provisions of part 830 of 
the regulations of the National Transportation Safety Board.
    (g) No person may withhold a report required by this section even 
though all information required by this section is not available.
    (h) When the certificate holder gets additional information, 
including information from the manufacturer or other agency, concerning 
a report required by this section, it shall expeditiously submit it as a 
supplement to the first report and reference the date and place of 
submission of the first report.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
102, 70 FR 76979, Dec. 29, 2005]



Sec. 135.417  Mechanical interruption summary report.

    Each certificate holder shall mail or deliver, before the end of the 
10th day of the following month, a summary report of the following 
occurrences in multiengine aircraft for the preceding month to the 
certificate-holding district office:
    (a) Each interruption to a flight, unscheduled change of aircraft en 
route, or unscheduled stop or diversion from a route, caused by known or 
suspected mechanical difficulties or malfunctions that are not required 
to be reported under Sec. 135.415.
    (b) The number of propeller featherings in flight, listed by type of 
propeller and engine and aircraft on which it was installed. Propeller 
featherings for training, demonstration, or flight check purposes need 
not be reported.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 135.419  Approved aircraft inspection program.

    (a) Whenever the Administrator finds that the aircraft inspections 
required or allowed under part 91 of this chapter are not adequate to 
meet this part, or upon application by a certificate holder, the 
Administrator may amend the certificate holder's operations 
specifications under Sec. 119.51, 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

[[Page 459]]

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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-
104, 71 FR 536, Jan. 4, 2006]



Sec. 135.421  Additional maintenance requirements.

    (a) Each certificate holder who operates an aircraft type 
certificated for a passenger seating configuration, excluding any pilot 
seat, of nine seats or less, must comply with the manufacturer's 
recommended maintenance programs, or a program approved by the 
Administrator, for each aircraft engine, propeller, rotor, and each item 
of emergency equipment required by this chapter.
    (b) For the purpose of this section, a manufacturer's maintenance 
program is one which is contained in the maintenance manual or 
maintenance instructions set forth by the manufacturer as required by 
this chapter for the aircraft, aircraft engine, propeller, rotor or item 
of emergency equipment.
    (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

[[Page 460]]

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 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 a scheduled operation under this part, except for 
those airplanes operated by a certificate holder in a scheduled 
operation 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 a scheduled operation 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 
the records containing the following information:
    (1) Total years in service of the airplane;
    (2) Total time in service 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;
    (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 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;
    (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 the 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, 70 FR 5533, Feb. 2, 2005]



Sec. 135.423  Maintenance, preventive maintenance, and alteration 

organization.

    (a) Each certificate holder that performs any of its maintenance 
(other

[[Page 461]]

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. Redesignated by Amdt. 135-81, 70 FR 5533, 
Feb. 2, 2005]



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 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

[[Page 462]]

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 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. 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

[[Page 463]]

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 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.

[[Page 464]]

    (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 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

[[Page 465]]

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]



             Subpart K_Hazardous Materials Training Program

    Source: Doc. No. FAA-2003-15085, 70 FR 58829, Oct. 7, 2005, unless 
otherwise noted.



Sec. 135.501  Applicability and definitions.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for training each crewmember and person performing or 
directly supervising any of the following job functions involving any 
item for transport on board an aircraft:
    (1) Acceptance;
    (2) Rejection;
    (3) Handling;
    (4) Storage incidental to transport;
    (5) Packaging of company material; or
    (6) Loading.
    (b) Definitions. For purposes of this subpart, the following 
definitions apply:
    (1) Company material (COMAT)--Material owned or used by a 
certificate holder.
    (2) Initial hazardous materials training--The basic training 
required for each newly hired person, or each person changing job 
functions, who performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.
    (3) Recurrent hazardous materials training--The training required 
every 24 months for each person who has satisfactorily completed the 
certificate holder's approved initial hazardous materials training 
program and performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.



Sec. 135.503  Hazardous materials training: General.

    (a) Each certificate holder must establish and implement a hazardous 
materials training program that:
    (1) Satisfies the requirements of Appendix O of part 121 of this 
part;
    (2) Ensures that each person performing or directly supervising any 
of the job functions specified in Sec. 135.501(a) is trained to comply 
with all applicable parts of 49 CFR parts 171 through 180 and the 
requirements of this subpart; and
    (3) Enables the trained person to recognize items that contain, or 
may contain, hazardous materials regulated by 49 CFR parts 171 through 
180.
    (b) Each certificate holder must provide initial hazardous materials 
training and recurrent hazardous materials training to each crewmember 
and person performing or directly supervising any of the job functions 
specified in Sec. 135.501(a).
    (c) Each certificate holder's hazardous materials training program 
must be approved by the FAA prior to implementation.



Sec. 135.505  Hazardous materials training required.

    (a) Training requirement. Except as provided in paragraphs (b), (c) 
and (f) of this section, no certificate holder may use any crewmember or 
person to perform any of the job functions or direct supervisory 
responsibilities, and no person may perform any of the job functions or 
direct supervisory responsibilities, specified in Sec. 135.501(a) 
unless that person has satisfactorily completed the certificate holder's 
FAA-approved initial or recurrent hazardous materials training program 
within the past 24 months.
    (b) New hire or new job function. A person who is a new hire and has 
not yet satisfactorily completed the required initial hazardous 
materials training, or a person who is changing job functions and has 
not received initial or recurrent training for a job function involving 
storage incidental to transport, or loading of items for transport on an 
aircraft, may perform those job functions for not more than 30 days from 
the date of hire or a change in job function, if the person is under the 
direct

[[Page 466]]

visual supervision of a person who is authorized by the certificate 
holder to supervise that person and who has successfully completed the 
certificate holder's FAA-approved initial or recurrent training program 
within the past 24 months.
    (c) Persons who work for more than one certificate holder. A 
certificate holder that uses or assigns a person to perform or directly 
supervise a job function specified in Sec. 135.501(a), when that person 
also performs or directly supervises the same job function for another 
certificate holder, need only train that person in its own policies and 
procedures regarding those job functions, if all of the following are 
met:
    (1) The certificate holder using this exception receives written 
verification from the person designated to hold the training records 
representing the other certificate holder that the person has 
satisfactorily completed hazardous materials training for the specific 
job function under the other certificate holder's FAA approved hazardous 
material training program under appendix O of part 121 of this chapter; 
and
    (2) The certificate holder who trained the person has the same 
operations specifications regarding the acceptance, handling, and 
transport of hazardous materials as the certificate holder using this 
exception.
    (d) Recurrent hazardous materials training--Completion date. A 
person who satisfactorily completes recurrent hazardous materials 
training in the calendar month before, or the calendar month after, the 
month in which the recurrent training is due, is considered to have 
taken that training during the month in which it is due. If the person 
completes this training earlier than the month before it is due, the 
month of the completion date becomes his or her new anniversary month.
    (e) Repair stations. A certificate holder must ensure that each 
repair station performing work for, or on the certificate holder's 
behalf is notified in writing of the certificate holder's policies and 
operations specification authorization permitting or prohibition against 
the acceptance, rejection, handling, storage incidental to transport, 
and transportation of hazardous materials, including company material. 
This notification requirement applies only to repair stations that are 
regulated by 49 CFR parts 171 through 180.
    (f) Certificate holders operating at foreign locations. This 
exception applies if a certificate holder operating at a foreign 
location where the country requires the certificate holder to use 
persons working in that country to load aircraft. In such a case, the 
certificate holder may use those persons even if they have not been 
trained in accordance with the certificate holder's FAA approved 
hazardous materials training program. Those persons, however, must be 
under the direct visual supervision of someone who has successfully 
completed the certificate holder's approved initial or recurrent 
hazardous materials training program in accordance with this part. This 
exception applies only to those persons who load aircraft.



Sec. 135.507  Hazardous materials training records.

    (a) General requirement. Each certificate holder must maintain a 
record of all training required by this part received within the 
preceding three years for each person who performs or directly 
supervises a job function specified in Sec. 135.501(a). The record must 
be maintained during the time that the person performs or directly 
supervises any of those job functions, and for 90 days thereafter. These 
training records must be kept for direct employees of the certificate 
holder, as well as independent contractors, subcontractors, and any 
other person who performs or directly supervises these job functions for 
the certificate holder.
    (b) Location of records. The certificate holder must retain the 
training records required by paragraph (a) of this section for all 
initial and recurrent training received within the preceding 3 years for 
all persons performing or directly supervising the job functions listed 
in Appendix O of part 121 of this chapter at a designated location. The 
records must be available upon request at the location where the trained 
person performs or directly supervises the job function specified in 
Sec. 135.501(a). Records may be maintained electronically and provided 
on location electronically. When the person ceases to

[[Page 467]]

perform or directly supervise a hazardous materials job function, the 
certificate holder must retain the hazardous materials training records 
for an additional 90 days and make them available upon request at the 
last location where the person worked.
    (c) Content of records. Each record must contain the following:
    (1) The individual's name;
    (2) The most recent training completion date;
    (3) A description, copy or reference to training materials used to 
meet the training requirement;
    (4) The name and address of the organization providing the training; 
and
    (5) A copy of the certification issued when the individual was 
trained, which shows that a test has been completed satisfactorily.
    (d) New hire or new job function. Each certificate holder using a 
person under the exception in Sec. 135.505(b) must maintain a record 
for that person. The records must be available upon request at the 
location where the trained person performs or directly supervises the 
job function specified in Sec. 135.501(a). Records may be maintained 
electronically and provided on location electronically. The record must 
include the following:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned job function;
    (4) The name of the supervisor of the job function; and
    (5) The date the person is to complete hazardous materials training 
in accordance with Appendix O of part 121 of this chapter.



 Sec. 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
    (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--

[[Page 468]]

    (1) Each weight, altitude, and ambient temperature within the 
operational limits selected by the applicant;
    (2) The selected configuration for takeoff;
    (3) The center of gravity in the most unfavorable position;
    (4) The operating engine within approved operating limitations; and
    (5) Takeoff data based on smooth, dry, hard-surface runway.
    (b) Takeoff speeds. (1) The decision speed V1 is the 
calibrated airspeed on the ground at which, as a result of engine 
failure or other reasons, the pilot is assumed to have made a decision 
to continue or discontinue the takeoff. The speed V1 must be 
selected by the applicant but may not be less than--
    (i) 1.10VS1;
    (ii) 1.10VMC;
    (iii) A speed that allows acceleration to V1 and stop 
under paragraph (c) of this section; or
    (iv) A speed at which the airplane can be rotated for takeoff and 
shown to be adequate to safely continue the takeoff, using normal 
piloting skill, when the critical engine is suddenly made inoperative.
    (2) The initial climb out speed V2, in terms of 
calibrated airspeed, must be selected by the applicant so as to allow 
the gradient of climb required in section 6(b)(2), but it must not be 
less than V1 or less than 1.2VS1.
    (3) Other essential take off speeds necessary for safe operation of 
the airplane.
    (c) Accelerate-stop distance. (1) The accelerate-stop distance is 
the sum of the distances necessary to--
    (i) Accelerate the airplane from a standing start to V1; 
and
    (ii) Come to a full stop from the point at which V1 is 
reached assuming that in the case of engine failure, failure of the 
critical engine is recognized by the pilot at the speed V1.
    (2) Means other than wheel brakes may be used to determine the 
accelerate-stop distance if that means is available with the critical 
engine inoperative and--
    (i) Is safe and reliable;
    (ii) Is used so that consistent results can be expected under normal 
operating conditions; and
    (iii) Is such that exceptional skill is not required to control the 
airplane.
    (d) All engines operating takeoff distance. The all engine operating 
takeoff distance is the horizontal distance required to takeoff and 
climb to a height of 50 feet above the takeoff surface under the 
procedures in FAR 23.51(a).
    (e) One-engine-inoperative takeoff. Determine the weight for each 
altitude and temperature within the operational limits established for 
the airplane, at which the airplane has the capability, after failure of 
the critical engine at V1 determined under paragraph (b) of 
this section, to take off and climb at not less than V2, to a 
height 1,000 feet above the takeoff surface and attain the speed and 
configuration at which compliance is shown with the en route one-engine-
inoperative gradient of climb specified in section 6(c).
    (f) One-engine-inoperative takeoff flight path data. The one-engine-
inoperative takeoff flight path data consist of takeoff flight paths 
extending from a standing start to a point in the takeoff at which the 
airplane reaches a height 1,000 feet above the takeoff surface under 
paragraph (e) of this section.
    6. Climb. (a) Landing climb: All-engines-operating. The maximum 
weight must be determined with the airplane in the landing 
configuration, for each altitude, and ambient temperature within the 
operational limits established for the airplane, with the most 
unfavorable center of gravity, and out-of-ground effect in free air, at 
which the steady gradient of climb will not be less than 3.3 percent, 
with:
    (1) The engines at the power that is available 8 seconds after 
initiation of movement of the power or thrust controls from the minimum 
flight idle to the takeoff position.
    (2) A climb speed not greater than the approach speed established 
under section 7 and not less than the greater of 1.05VMC or 
1.10VS1.
    (b) Takeoff climb: one-engine-inoperative. The maximum weight at 
which the airplane meets the minimum climb performance specified in 
paragraphs (1) and (2) of this paragraph must be determined for each 
altitude and ambient temperature within the operational limits 
established for the airplane, out of ground effect in free air, with the 
airplane in the takeoff configuration, with the most unfavorable center 
of gravity, the critical engine inoperative, the remaining engines at 
the maximum takeoff power or thrust, and the propeller of the 
inoperative engine windmilling with the propeller controls in the normal 
position except that, if an approved automatic feathering system is 
installed, the propellers may be in the feathered position:
    (1) Takeoff: landing gear extended. The minimum steady gradient of 
climb must be measurably positive at the speed V1.
    (2) Takeoff: landing gear retracted. The minimum steady gradient of 
climb may not be less than 2 percent at speed V2. For 
airplanes with fixed landing gear this requirement must be met with the 
landing gear extended.
    (c) En route climb: one-engine-inoperative. The maximum weight must 
be determined for each altitude and ambient temperature within the 
operational limits established for the airplane, at which the steady 
gradient of climb is not less 1.2 percent at an altitude 1,000 feet 
above the takeoff surface, with the airplane in the en route 
configuration, the critical engine inoperative, the remaining engine at 
the maximum continuous power or

[[Page 469]]

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 conditions 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 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;

[[Page 470]]

    (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 information as to any symptoms, the 
probable behavior of the airplane, and the recommended recovery 
procedures; and
    (3) The airspeed limits, shown in terms of VMO/MMO instead of VNO 
and VNE.
    (b) Takeoff weight limitations. The maximum takeoff weight for each 
airport elevation, ambient temperature, and available takeoff runway 
length within the range selected by the applicant may not exceed the 
weight at which--
    (1) The all-engine-operating takeoff distance determined under 
section 5(b) or the accelerate-stop distance determined under section 
5(c), whichever is greater, is equal to the available runway length;
    (2) The airplane complies with the one-engine-inoperative takeoff 
requirements specified in section 5(e); and

[[Page 471]]

    (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 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

[[Page 472]]

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.
    (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.

[[Page 473]]

    (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 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

[[Page 474]]

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 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

[[Page 475]]

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 
means to prevent rotation without interfering with the continued 
operation of the engine.

[[Page 476]]

                       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 cockpit area is 
reasonably probable, smoke evacuation must be readily accomplished.

[[Page 477]]

                    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.



  Sec. 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 478]]

 
      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]



 Sec. 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).
Radio transmitter keying          On/off............  ..................  1.................
 (discrete).

[[Page 479]]

 
Autopilot engaged (discrete)....  Engaged or          ..................  1.................
                                   disengaged.
SAS status--engaged (discrete)..  Engaged/disengaged  ..................  1.................
SAS fault status (discrete).....  Fault/OK..........  ..................  1.................
 
         Flight Controls
 
Collective \4\..................  Full range........  3%.
Pedal Position \4\..............  Full range........  3%.
Lat. Cyclic \4\.................  Full range........  3%.
 Long. Cyclic \4\...............  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.
\4\ For all aircraft manufactured on or after April 7, 2010, the sampling interval per second is 4.


[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; Amdt. 135-113, 
73 FR 12570, Mar. 7, 2008; 73 FR 15281, Mar. 21, 2008]



   Sec. 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 480]]

 
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]



 Sec. 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 481]]

 
Altitude Rate...................  6,000 ft/min.
Pilot Input--Primary Controls     Full range........  3%.
 Cyclic, Lateral Cyclic, Pedal)
 \3\.
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.
\3\ For all aircraft manufactured on or after April 7, 2010, the sampling interval per second is 4.


[Doc. No. 25530, 53 FR 26154, July 11, 1988; 53 FR 30906, Aug. 16, 1988; 
Amdt. 135-113, 73 FR 12571, Mar. 7, 2008; 73 FR 15281, Mar. 21, 2008]



   Sec. 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 482]]

 
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       Full Range............    0.5 or 0.25 for        0.5% of full range...  For airplanes that
 (nonfly-by-wire systems) \18\.                               2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control breakaway
                                                              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............    0.5 or 0.25 for        0.2% of full range...
 by-wire systems) \3 18\.                                     2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               135.152(j).
13a. Lateral control position(s)     Full Range............    0.5 or 0.25 for        0.2% of full range...  For airplanes that
 (nonfly-by-wire) \18\.                                       2[deg] unless higher    airplanes operated                            have a flight
                                                              accuracy uniquely       under Sec.                                   control breakaway
                                                              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.
13b. Lateral control position(s)     Full Range............    0.5 or 0.25 for        0.2% of full range...
 (fly-by-wire) \4 18\.                                        2[deg] unless higher    airplanes operated
                                                              accuracy uniquely       under Sec.
                                                              required.               135.152(j).
14a. Yaw control position(s)         Full Range............    0.5..................  0.3% of full range...  For airplanes that
 (nonfly-by-wire) \5 18\.                                     2[deg] unless higher                                                  have a flight
                                                              accuracy uniquely                                                     control breakaway
                                                              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
                                                                                                                                    of 0.5 or 0.25, as
                                                                                                                                    applicable.
14b. Yaw control position(s) (fly-   Full Range............    0.5..................  0.2% of full range...
 by-wire) \18\.                                               2[deg] unless higher
                                                              accuracy uniquely
                                                              required.

[[Page 483]]

 
15. Pitch control surface(s)         Full Range............    0.5 or 0.25 for        0.3% of full range...  For airplanes fitted
 position \6 18\.                                             2[deg] unless higher    airplanes operated                            with multiple or
                                                              accuracy uniquely       under Sec.                                   split surfaces, a
                                                              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, as applicable.
16. Lateral control surface(s)       Full Range............    0.5 or 0.25 for        0.2% of full range...  A suitable
 position \7 18\.                                             2[deg] unless higher    airplanes operated                            combination of
                                                              accuracy uniquely       under Sec.                                   surface position
                                                              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, as applicable.
17. Yaw control surface(s) position  Full Range............    0.5..................  0.2% of full range...  For airplanes with
 \8 18\.                                                      2[deg] unless higher                                                  multiple or split
                                                              accuracy uniquely                                                     surfaces, a suitable
                                                              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 484]]

 
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 485]]

 
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 486]]

 
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 487]]

 
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        1....................  0.3% of full range...  For fly-by-wire
 input forces (control wheel,         wheel  70 lbs.                                                                               systems, where
                                      Control column  85                                                                           surface position is
                                      lbs. Rudder pedal                                                                             a function of the
                                       165 lbs.                                                                                  control input device
                                                                                                                                    only, it is not
                                                                                                                                    necessary to record
                                                                                                                                    this parameter. For
                                                                                                                                    airplanes that have
                                                                                                                                    a flight control
                                                                                                                                    breakaway 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%.
\18\ For all aircraft manufactured on or after April 7, 2010, the seconds per sampling interval is 0.125. Each input must be recorded at this rate.
  Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.


[[Page 488]]


[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; Amdt. 135-113, 73 FR 
12570, Mar. 7, 2008]



        Sec. Appendix G to Part 135--Extended Operations (ETOPS)

    G135.1 Definitions.
    G135.1.1 Adequate Airport means an airport that an airplane operator 
may list with approval from the FAA because that airport meets the 
landing limitations of Sec. 135.385 or is a military airport that is 
active and operational.
    G135.1.2 ETOPS Alternate Airport means an adequate airport that is 
designated in a dispatch or flight release for use in the event of a 
diversion during ETOPS. This definition applies to flight planning and 
does not in any way limit the authority of the pilot in command during 
flight.
    G135.1.3 ETOPS Entry Point means the first point on the route of an 
ETOPS flight, determined using a one-engine inoperative cruise speed 
under standard conditions in still air, that is more than 180 minutes 
from an adequate airport.
    G135.1.4 ETOPS Qualified Person means a person, performing 
maintenance for the certificate holder, who has satisfactorily completed 
the certificate holder's ETOPS training program.
    G135.2 Requirements.
    G135.2.1 General. After August 13, 2008, no certificate holder may 
operate an airplane, other than an all-cargo airplane with more than two 
engines, outside the continental United States more than 180 minutes 
flying time (at the one-engine-inoperative cruise speed under standard 
conditions in still air) from an airport described in Sec. 135.364 
unless--
    (a) The certificate holder receives ETOPS approval from the FAA;
    (b) The operation is conducted in a multi-engine transport category 
turbine-powered airplane;
    (c) The operation is planned to be no more than 240 minutes flying 
time (at the one engine inoperative cruise speed under standard 
conditions in still air) from an airport described in Sec. 135.364; and
    (d) The certificate holder meets the requirements of this appendix.
    G135.2.2 Required certificate holder experience prior to conducting 
ETOPS.
    Before applying for ETOPS approval, the certificate holder must have 
at least 12 months experience conducting international operations 
(excluding Canada and Mexico) with multi-engine transport category 
turbine-engine powered airplanes. The certificate holder may consider 
the following experience as international operations:
    (a) Operations to or from the State of Hawaii.
    (b) For certificate holders granted approval to operate under part 
135 or part 121 before February 15, 2007, up to 6 months of domestic 
operating experience and operations in Canada and Mexico in multi-engine 
transport category turbojet-powered airplanes may be credited as part of 
the required 12 months of international experience required by paragraph 
G135.2.2(a) of this appendix.
    (c) ETOPS experience with other aircraft types to the extent 
authorized by the FAA.
    G135.2.3 Airplane requirements. No certificate holder may conduct 
ETOPS in an airplane that was manufactured after February 17, 2015 
unless the airplane meets the standards of Sec. 25.1535.
    G135.2.4 Crew information requirements. The certificate holder must 
ensure that flight crews have in-flight access to current weather and 
operational information needed to comply with Sec. 135.83, Sec. 
135.225, and Sec. 135.229. This includes information on all ETOPS 
Alternate Airports, all destination alternates, and the destination 
airport proposed for each ETOPS flight.
    G135.2.5 Operational Requirements.
    (a) No person may allow a flight to continue beyond its ETOPS Entry 
Point unless--
    (1) The weather conditions at each ETOPS Alternate Airport are 
forecast to be at or above the operating minima in the certificate 
holder's operations specifications for that airport when it might be 
used (from the earliest to the latest possible landing time), and
    (3) All ETOPS Alternate Airports within the authorized ETOPS maximum 
diversion time are reviewed for any changes in conditions that have 
occurred since dispatch.
    (b) In the event that an operator cannot comply with paragraph 
G135.2.5(a)(1) of this appendix for a specific airport, another ETOPS 
Alternate Airport must be substituted within the maximum ETOPS diversion 
time that could be authorized for that flight with weather conditions at 
or above operating minima.
    (c) Pilots must plan and conduct ETOPS under instrument flight 
rules.
    (d) Time-Limited Systems.
    (1) Except as provided in paragraph G135.2.5(d)(3) of this appendix, 
the time required to fly the distance to each ETOPS Alternate Airport 
(at the all-engines-operating cruise speed, corrected for wind and 
temperature) may not exceed the time specified in the Airplane Flight 
Manual for the airplane's most limiting fire suppression system time 
required by regulation for any

[[Page 489]]

cargo or baggage compartments (if installed), minus 15 minutes.
    (2) Except as provided in G135.2.5(d)(3) of this appendix, the time 
required to fly the distance to each ETOPS Alternate Airport (at the 
approved one-engine-inoperative cruise speed, corrected for wind and 
temperature) may not exceed the time specified in the Airplane Flight 
Manual for the airplane's most time limited system time (other than the 
airplane's most limiting fire suppression system time required by 
regulation for any cargo or baggage compartments), minus 15 minutes.
    (3) A certificate holder operating an airplane without the Airplane 
Flight Manual information needed to comply with paragraphs 
G135.2.5(d)(1) and (d)(2) of this appendix, may continue ETOPS with that 
airplane until February 17, 2015.
    G135.2.6 Communications Requirements.
    (a) No person may conduct an ETOPS flight unless the following 
communications equipment, appropriate to the route to be flown, is 
installed and operational:
    (1) Two independent communication transmitters, at least one of 
which allows voice communication.
    (2) Two independent communication receivers, at least one of which 
allows voice communication.
    (3) Two headsets, or one headset and one speaker.
    (b) In areas where voice communication facilities are not available, 
or are of such poor quality that voice communication is not possible, 
communication using an alternative system must be substituted.
    G135.2.7 Fuel Requirements. No person may dispatch or release for 
flight an ETOPS flight unless, considering wind and other weather 
conditions expected, it has the fuel otherwise required by this part and 
enough fuel to satisfy each of the following requirements:
    (a) Fuel to fly to an ETOPS Alternate Airport. (1) Fuel to account 
for rapid decompression and engine failure. The airplane must carry the 
greater of the following amounts of fuel:
    (i) Fuel sufficient to fly to an ETOPS Alternate Airport assuming a 
rapid decompression at the most critical point followed by descent to a 
safe altitude in compliance with the oxygen supply requirements of Sec. 
135.157;
    (ii) Fuel sufficient to fly to an ETOPS Alternate Airport (at the 
one-engine-inoperative cruise speed under standard conditions in still 
air) assuming a rapid decompression and a simultaneous engine failure at 
the most critical point followed by descent to a safe altitude in 
compliance with the oxygen requirements of Sec. 135.157; or
    (iii) Fuel sufficient to fly to an ETOPS Alternate Airport (at the 
one-engine-inoperative cruise speed under standard conditions in still 
air) assuming an engine failure at the most critical point followed by 
descent to the one engine inoperative cruise altitude.
    (2) Fuel to account for errors in wind forecasting. In calculating 
the amount of fuel required by paragraph G135.2.7(a)(1) of this 
appendix, the certificate holder must increase the actual forecast wind 
speed by 5% (resulting in an increase in headwind or a decrease in 
tailwind) to account for any potential errors in wind forecasting. If a 
certificate holder is not using the actual forecast wind based on a wind 
model accepted by the FAA, the airplane must carry additional fuel equal 
to 5% of the fuel required by paragraph G135.2.7(a) of this appendix, as 
reserve fuel to allow for errors in wind data.
    (3) Fuel to account for icing. In calculating the amount of fuel 
required by paragraph G135.2.7(a)(1) of this appendix, (after completing 
the wind calculation in G135.2.7(a)(2) of this appendix), the 
certificate holder must ensure that the airplane carries the greater of 
the following amounts of fuel in anticipation of possible icing during 
the diversion:
    (i) Fuel that would be burned as a result of airframe icing during 
10 percent of the time icing is forecast (including the fuel used by 
engine and wing anti-ice during this period).
    (ii) Fuel that would be used for engine anti-ice, and if appropriate 
wing anti-ice, for the entire time during which icing is forecast.
    (4) Fuel to account for engine deterioration. In calculating the 
amount of fuel required by paragraph G135.2.7(a)(1) of this appendix 
(after completing the wind calculation in paragraph G135.2.7(a)(2) of 
this appendix), the certificate holder must ensure the airplane also 
carries fuel equal to 5% of the fuel specified above, to account for 
deterioration in cruise fuel burn performance unless the certificate 
holder has a program to monitor airplane in-service deterioration to 
cruise fuel burn performance.
    (b) Fuel to account for holding, approach, and landing. In addition 
to the fuel required by paragraph G135.2.7 (a) of this appendix, the 
airplane must carry fuel sufficient to hold at 1500 feet above field 
elevation for 15 minutes upon reaching the ETOPS Alternate Airport and 
then conduct an instrument approach and land.
    (c) Fuel to account for APU use. If an APU is a required power 
source, the certificate holder must account for its fuel consumption 
during the appropriate phases of flight.
    G135.2.8 Maintenance Program Requirements. In order to conduct an 
ETOPS flight under Sec. 135.364, each certificate holder must develop 
and comply with the ETOPS maintenance program as authorized in the 
certificate holder's operations specifications for each two-engine 
airplane-engine combination used in ETOPS. This provision does not apply 
to operations using an airplane with more than two engines. The 
certificate holder must develop this ETOPS maintenance

[[Page 490]]

program to supplement the maintenance program currently approved for the 
operator. This ETOPS maintenance program must include the following 
elements:
    (a) ETOPS maintenance document. The certificate holder must have an 
ETOPS maintenance document for use by each person involved in ETOPS. The 
document must--
    (1) List each ETOPS Significant System,
    (2) Refer to or include all of the ETOPS maintenance elements in 
this section,
    (3) Refer to or include all supportive programs and procedures,
    (4) Refer to or include all duties and responsibilities, and
    (5) Clearly state where referenced material is located in the 
certificate holder's document system.
    (b) ETOPS pre-departure service check. The certificate holder must 
develop a pre-departure check tailored to their specific operation.
    (1) The certificate holder must complete a pre-departure service 
check immediately before each ETOPS flight.
    (2) At a minimum, this check must:
    (i) Verify the condition of all ETOPS Significant Systems;
    (ii) Verify the overall status of the airplane by reviewing 
applicable maintenance records; and
    (iii) Include an interior and exterior inspection to include a 
determination of engine and APU oil levels and consumption rates.
    (3) An appropriately trained maintenance person, who is ETOPS 
qualified must accomplish and certify by signature ETOPS specific tasks. 
Before an ETOPS flight may commence, an ETOPS pre-departure service 
check (PDSC) Signatory Person, who has been authorized by the 
certificate holder, must certify by signature, that the ETOPS PDSC has 
been completed.
    (4) For the purposes of this paragraph (b) only, the following 
definitions apply:
    (i) ETOPS qualified person: A person is ETOPS qualified when that 
person satisfactorily completes the operator's ETOPS training program 
and is authorized by the certificate holder.
    (ii) ETOPS PDSC Signatory Person: A person is an ETOPS PDSC 
Signatory Person when that person is ETOPS Qualified and that person:
    (A) When certifying the completion of the ETOPS PDSC in the United 
States:
    (1) Works for an operator authorized to engage in part 135 or 121 
operation or works for a part 145 repair station; and
    (2) Holds a U.S. Mechanic's Certificate with airframe and powerplant 
ratings.
    (B) When certifying the completion of the ETOPS PDSC outside of the 
U.S. holds a certificate in accordance with Sec. 43.17(c)(1) of this 
chapter; or
    (C) When certifying the completion of the ETOPS PDSC outside the 
U.S. holds the certificates needed or has the requisite experience or 
training to return aircraft to service on behalf of an ETOPS maintenance 
entity.
    (iii) ETOPS maintenance entity: An entity authorized to perform 
ETOPS maintenance and complete ETOPS pre-departure service checks and 
that entity is:
    (A) Certificated to engage in part 135 or 121 operations;
    (B) Repair station certificated under part 145 of this title; or
    (C) Entity authorized pursuant to Sec. 43.17(c)(2) of this chapter.
    (c) Limitations on dual maintenance. (1) Except as specified in 
paragraph G135.2.8(c)(2) of this appendix, the certificate holder may 
not perform scheduled or unscheduled dual maintenance during the same 
maintenance visit on the same or a substantially similar ETOPS 
Significant System listed in the ETOPS maintenance document, if the 
improper maintenance could result in the failure of an ETOPS Significant 
System.
    (2) In the event dual maintenance as defined in paragraph 
G135.2.8(c)(1) of this appendix cannot be avoided, the certificate 
holder may perform maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant System 
is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct supervision 
of a second qualified individual; and
    (iii) For either paragraph G135.2.8(c)(2)(i) or (ii) of this 
appendix, a qualified individual conducts a ground verification test and 
any in-flight verification test required under the program developed 
pursuant to paragraph G135.2.8(d) of this appendix.
    (d) Verification program. The certificate holder must develop a 
program for the resolution of discrepancies that will ensure the 
effectiveness of maintenance actions taken on ETOPS Significant Systems. 
The verification program must identify potential problems and verify 
satisfactory corrective action. The verification program must include 
ground verification and in-flight verification policy and procedures. 
The certificate holder must establish procedures to clearly indicate who 
is going to initiate the verification action and what action is 
necessary. The verification action may be performed on an ETOPS revenue 
flight provided the verification action is documented as satisfactorily 
completed upon reaching the ETOPS entry point.
    (e) Task identification. The certificate holder must identify all 
ETOPS-specific tasks. An ETOPS qualified person must accomplish and 
certify by signature that the ETOPS-specific task has been completed.

[[Page 491]]

    (f) Centralized maintenance control procedures. The certificate 
holder must develop procedures for centralized maintenance control for 
ETOPS.
    (g) ETOPS parts control program. The certificate holder must develop 
an ETOPS parts control program to ensure the proper identification of 
parts used to maintain the configuration of airplanes used in ETOPS.
    (h) Enhanced Continuing Analysis and Surveillance System (E-CASS) 
program. A certificate holder's existing CASS must be enhanced to 
include all elements of the ETOPS maintenance program. In addition to 
the reporting requirements of Sec. 135.415 and Sec. 135.417, the 
program includes reporting procedures, in the form specified in Sec. 
135.415(e), for the following significant events detrimental to ETOPS 
within 96 hours of the occurrence to the certificate holding district 
office (CHDO):
    (1) IFSDs, except planned IFSDs performed for flight training.
    (2) Diversions and turnbacks for failures, malfunctions, or defects 
associated with any airplane or engine system.
    (3) Uncommanded power or thrust changes or surges.
    (4) Inability to control the engine or obtain desired power or 
thrust.
    (5) Inadvertent fuel loss or unavailability, or uncorrectable fuel 
imbalance in flight.
    (6) Failures, malfunctions or defects associated with ETOPS 
Significant Systems.
    (7) Any event that would jeopardize the safe flight and landing of 
the airplane on an ETOPS flight.
    (i) Propulsion system monitoring.
    The certificate holder, in coordination with the CHDO, must--
    (1) Establish criteria as to what action is to be taken when adverse 
trends in propulsion system conditions are detected, and
    (2) Investigate common cause effects or systemic errors and submit 
the findings to the CHDO within 30 days.
    (j) Engine condition monitoring.
    (1) The certificate holder must establish an engine-condition 
monitoring program to detect deterioration at an early stage and to 
allow for corrective action before safe operation is affected.
    (2) This program must describe the parameters to be monitored, the 
method of data collection, the method of analyzing data, and the process 
for taking corrective action.
    (3) The program must ensure that engine limit margins are maintained 
so that a prolonged engine-inoperative diversion may be conducted at 
approved power levels and in all expected environmental conditions 
without exceeding approved engine limits. This includes approved limits 
for items such as rotor speeds and exhaust gas temperatures.
    (k) Oil consumption monitoring. The certificate holder must develop 
an engine oil consumption monitoring program to ensure that there is 
enough oil to complete each ETOPS flight. APU oil consumption must be 
included if an APU is required for ETOPS. The operator's consumption 
limit may not exceed the manufacturer's recommendation. Monitoring must 
be continuous and include oil added at each ETOPS departure point. The 
program must compare the amount of oil added at each ETOPS departure 
point with the running average consumption to identify sudden increases.
    (l) APU in-flight start program. If an APU is required for ETOPS, 
but is not required to run during the ETOPS portion of the flight, the 
certificate holder must have a program acceptable to the FAA for cold 
soak in-flight start and run reliability.
    (m) Maintenance training. For each airplane-engine combination, the 
certificate holder must develop a maintenance training program to ensure 
that it provides training adequate to support ETOPS. It must include 
ETOPS specific training for all persons involved in ETOPS maintenance 
that focuses on the special nature of ETOPS. This training must be in 
addition to the operator's maintenance training program used to qualify 
individuals for specific airplanes and engines.
    (n) Configuration, maintenance, and procedures (CMP) document. The 
certificate holder must use a system to ensure compliance with the 
minimum requirements set forth in the current version of the CMP 
document for each airplane-engine combination that has a CMP.
    (o) Reporting. The certificate holder must report quarterly to the 
CHDO and the airplane and engine manufacturer for each airplane 
authorized for ETOPS. The report must provide the operating hours and 
cycles for each airplane.
    G135.2.9 Delayed compliance date for all airplanes. A certificate 
holder need not comply with this appendix for any airplane until August 
13, 2008.

[Doc. No. FAA-2002-6717, 72 FR 1885, Jan. 16, 2007, as amended by Amdt. 
135-108, 72 FR 7348, Feb. 15, 2007; 72 FR 26542, May 10, 2007; Amdt. 
135-112, 73 FR 8798, Feb. 15, 2008; Amdt. 135-115, 73 FR 33882, June 16, 
2008]



PART 136_COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT--Table of 

Contents




              Subpart A_National Air Tour Safety Standards

Sec.
136.1 Applicability and definitions.
136.3 Letters of Authorization.
136.5 Additional requirements for Hawaii.
136.7 Passenger briefings.
136.9 Life preservers for over water.

[[Page 492]]

136.11 Helicopter floats for over water.
136.13 Helicopter performance plan and operations.
136.15-136.29 [Reserved]

              Subpart B_National Parks Air Tour Management

136.31 Applicability.
136.33 Definitions.
136.35 Prohibition of commercial air tour operations over the Rocky 
          Mountain National Park.
136.37 Overflights of national parks and tribal lands.
136.39 Air tour management plans (ATMP).
136.41 Interim operating authority.
136.43-136.49 [Reserved]

                  Subpart C_Grand Canyon National Park

136.51-136.69 [Reserved]

Appendix A to Part 136--Special Operating Rules for Air Tour Operators 
          in the State of Hawaii

    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.



              Subpart A_National Air Tour Safety Standards

    Source: Docket No. FAA-1998-4521, 72 FR 6912, Feb. 13, 2007, unless 
otherwise noted.



Sec. 136.1  Applicability and definitions.

    (a) This subpart applies to each person operating or intending to 
operate a commercial air tour in an airplane or helicopter and, when 
applicable, to all occupants of the airplane or helicopter engaged in a 
commercial air tour. When any requirement of this subpart is more 
stringent than any other requirement of this chapter, the person 
operating the commercial air tour must comply with the requirement in 
this subpart.
    (b) As of September 11, 2007, this subpart is applicable to:
    (1) Part 121 or 135 operators conducting a commercial air tour and 
holding a part 119 certificate;
    (2) Part 91 operators conducting flights as described in Sec. 
119.1(e)(2); and
    (3) Part 91 operators conducting flights as described in 14 CFR 
91.146
    (c) This subpart is not applicable to operations conducted in 
balloons, gliders (powered or un-powered), parachutes (powered or un-
powered), gyroplanes, or airships.
    (d) For the purposes of this subpart the following definitions 
apply:
    Commercial Air Tour means a flight conducted for compensation or 
hire in an airplane or helicopter where a purpose of the flight is 
sightseeing. The FAA may consider the following factors in determining 
whether a flight is a commercial air tour for purposes of this subpart:
    (1) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (2) Whether the person offering the flight provided a narrative that 
referred to areas or points of interest on the surface below the route 
of the flight;
    (3) The area of operation;
    (4) How often the person offering the flight conducts such flights;
    (5) The route of the flight;
    (6) The inclusion of sightseeing flights as part of any travel 
arrangement package;
    (7) Whether the flight in question would have been canceled based on 
poor visibility of the surface below the route of the flight; and
    (8) Any other factors that the FAA considers appropriate.
    Commercial Air Tour operator means any person who conducts a 
commercial air tour.
    Life preserver means a flotation device used by an aircraft occupant 
if the aircraft ditches in water. If an inflatable device, it must be 
un-inflated and ready for its intended use once inflated. In evaluating 
whether a non-inflatable life preserver is acceptable to the FAA, the 
operator must demonstrate to the FAA that such a preserver can be used 
during an evacuation and will allow all passengers to exit the aircraft 
without blocking the exit. Each occupant must have the physical capacity 
to wear and inflate the type of device used once briefed by the 
commercial air tour operator. Seat cushions do not meet this definition.

[[Page 493]]

    Raw terrain means any area on the surface, including water, devoid 
of any person, structure, vehicle, or vessel.
    Shoreline means that area of the land adjacent to the water of an 
ocean, sea, lake, pond, river or tidal basin that is above the high 
water mark and excludes land areas unsuitable for landing such as 
vertical cliffs or land intermittently under water during the particular 
flight.
    Suitable landing area for helicopters means an area that provides 
the operator reasonable capability to land without damage to equipment 
or injury to persons. Suitable landing areas must be site-specific, 
designated by the operator, and accepted by the FAA. These site-specific 
areas would provide an emergency landing area for a single-engine 
helicopter or a multiengine helicopter that does not have the capability 
to reach a safe landing area after an engine power loss.
    (e) In an in-flight emergency requiring immediate action, the pilot 
in command may deviate from any rule of this subpart to the extent 
required to meet that emergency.



Sec. 136.3  Letters of Authorization.

    Operators subject to this subpart who have Letters of Authorization 
may use the procedures described in 14 CFR 119.51 to amend or have the 
FAA reconsider those Letters of Authorization.



Sec. 136.5  Additional requirements for Hawaii.

    No person may conduct a commercial air tour in the State of Hawaii 
unless they comply with the additional requirements and restrictions in 
appendix A to part 136.



Sec. 136.7  Passenger briefings.

    (a) Before takeoff each pilot in command shall ensure that each 
passenger has been briefed on the following:
    (1) Procedures for fastening and unfastening seatbelts;
    (2) Prohibition on smoking; and
    (3) Procedures for opening exits and exiting the aircraft.
    (b) For flight segments over water beyond the shoreline, briefings 
must also include:
    (1) Procedures for water ditching;
    (2) Use of required life preservers; and
    (3) Procedures for emergency exit from the aircraft in the event of 
a water landing.



Sec. 136.9  Life preservers for over water.

    (a) Except as provided in paragraphs (b) or (c) of this section, the 
operator and pilot in command of commercial air tours over water beyond 
the shoreline must ensure that each occupant is wearing a life preserver 
from before takeoff until flight is no longer over water.
    (b) The operator and pilot in command of a commercial air tour over 
water beyond the shoreline must ensure that a life preserver is readily 
available for its intended use and easily accessible to each occupant 
if:
    (1) The aircraft is equipped with floats; or
    (2)The airplane is within power-off gliding distance to the 
shoreline for the duration of the time that the flight is over water.
    (3)The aircraft is a multi engine that can be operated with the 
critical engine inoperative at a weight that will allow it to climb, at 
least 50 feet a minute, at an altitude of 1,000 feet above the surface, 
as provided in the Airplane Flight Manual or the Rotorcraft Flight 
Manual, as appropriate.
    (c) No life preserver is required if the overwater operation is 
necessary only for takeoff or landing.



Sec. 136.11  Helicopter floats for over water.

    (a) A helicopter used in commercial air tours over water beyond the 
shoreline must be equipped with fixed floats or an inflatable flotation 
system adequate to accomplish a safe emergency ditching, if--
    (1) It is a single-engine helicopter; or
    (2) It is a multi-engine helicopter that cannot be operated with the 
critical engine inoperative at a weight that will allow it to climb, at 
least 50 feet a minute, at an altitude of 1,000 feet above the surface, 
as provided in the Rotorcraft Flight Manual (RFM).
    (b) Each helicopter that is required to be equipped with an 
inflatable flotation system must have:
    (1) The activation switch for the flotation system on one of the 
primary flight controls, and

[[Page 494]]

    (2) The flotation system armed when the helicopter is over water and 
is flying at a speed that does not exceed the maximum speed prescribed 
in the Rotorcraft Flight Manual for flying with the flotation system 
armed.
    (c) Fixed floats or an inflatable flotation system is not required 
for a helicopter under this section if:
    (1) The helicopter is over water only during the takeoff or landing 
portion of the flight, or
    (2) The helicopter is operated within power-off gliding distance to 
the shoreline for the duration of the flight and each occupant is 
wearing a life preserver from before takeoff until the aircraft is no 
longer over water.
    (d) Air tour operators required to comply with paragraphs (a) and/or 
(b) of this section must meet these requirements on or before September 
5, 2008.



Sec. 136.13  Helicopter performance plan and operations.

    (a) Each operator must complete a performance plan before each 
helicopter commercial air tour, or flight operated under 14 CFR 91.146 
or 91.147. The pilot in command must review for accuracy and comply with 
the performance plan on the day the flight is flown. The performance 
plan must be based on the information in the Rotorcraft Flight Manual 
(RFM) for that helicopter, taking into consideration the maximum density 
altitude for which the operation is planned, in order to determine:
    (1) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (2) Maximum gross weight and CG limitations for hovering out of 
ground effect; and
    (3) Maximum combination of weight, altitude, and temperature for 
which height/velocity information in the RFM is valid.
    (b) Except for the approach to and transition from a hover for the 
purpose of takeoff and landing, or during takeoff and landing, the pilot 
in command must make a reasonable plan to operate the helicopter outside 
of the caution/warning/avoid area of the limiting height/velocity 
diagram.
    (c) Except for the approach to and transition from a hover for the 
purpose of takeoff and landing, during takeoff and landing, or when 
necessary for safety of flight, the pilot in command must operate the 
helicopter in compliance with the plan described in paragraph (b) of 
this section.



Sec. Sec. 136.15-136.29  [Reserved]



              Subpart B_National Parks Air Tour Management

    Source: Docket. No. FAA-1998-4521, 72 FR 6912, Feb. 13, 2007, unless 
otherwise noted.



Sec. 136.31  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 809. This subpart 
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 
subpart 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 subpart; or
    (3) Any area within one-half mile outside the boundary of any unit 
of the national park system.
    (c) This subpart 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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and 
amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007]

[[Page 495]]



Sec. 136.33  Definitions.

    For purposes of this subpart--
    (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. 136.35.
    (2) The Administrator may consider the following factors in 
determining whether a flight is a commercial air tour operation for 
purposes of this subpart--
    (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. 136.35, 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 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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and 
amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007; Amdt. 136-1, 72 FR 
31450, June 7, 2007]



Sec. 136.35  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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by 
Amdt. 136-1, 72 FR 6912, Feb. 13, 2007]



Sec. 136.37  Overflights of national parks and tribal lands.

    (a) General. A commercial air tour operator may not conduct 
commercial

[[Page 496]]

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 subpart, the Administrator, in cooperation with 
the Director, shall develop an air tour management plan in accordance 
with Sec. 136.39 and implement such a plan.
    (e) Time limit on response to applications. Every effort will be 
made to act on any application under this subpart 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. 
136.41, 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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and 
amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007; Amdt. 136-1, 72 FR 
31450]



Sec. 136.39  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 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

[[Page 497]]

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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by 
Amdt. 136-1, 72 FR 6912, Feb. 13, 2007]



Sec. 136.41  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 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;

[[Page 498]]

    (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.

[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by 
Amdt. 136-1, 72 FR 6912, Feb. 13, 2007]



Sec. Sec. 136.43-136.49  [Reserved]



                  Subpart C_Grand Canyon National Park



Sec. Sec. 136.51-136.69  [Reserved]



   Sec. Appendix A to Part 136--Special Operating Rules for Air Tour 
                    Operators in the State of Hawaii

    Section 1. Applicability. This appendix 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 appendix 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 appendix:
    ``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, and except for the purpose of takeoff

[[Page 499]]

and landing, 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.

[Docket No. FAA-1998-4521, 72 FR 6914, Feb. 13, 2007]



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.

    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--

[[Page 500]]

    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
    (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

[[Page 501]]

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]



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,

[[Page 502]]

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.



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]

[[Page 503]]



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 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--

[[Page 504]]

    (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 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

[[Page 505]]

above the elevation of the highest ground or obstruction within the area 
to be worked or at an altitude of 5,000 feet, whichever is higher. For 
the purposes of this subdivision, it is assumed that the propeller of 
the inoperative engine is in the minimum drag position; that the wing 
flaps and landing gear are in the most favorable positions; and that the 
remaining engine or engines are operating at the maximum continuous 
power available.
    (iii) No person may operate any multiengine aircraft over a 
congested area below the altitudes prescribed in part 91 of this chapter 
except during the actual dispensing operation, including the approaches, 
departures, and turnarounds necessary for that operation.

[Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 137-13, 54 FR 39294, Sept. 25, 1989]



Sec. 137.53  Operation over congested areas: Pilots and aircraft.

    (a) General. No person may operate an aircraft over a congested area 
except in accordance with the pilot and aircraft rules of this section.
    (b) Pilots. Each pilot in command must have at least--
    (1) 25 hours of pilot-in-command flight time in the make and basic 
model of the aircraft, at least 10 hours of which must have been 
acquired within the preceding 12 calendar months; and
    (2) 100 hours of flight experience as pilot in command in dispensing 
agricultural materials or chemicals.
    (c) Aircraft. (1) Each aircraft must--(i) If it is an aircraft not 
specified in paragraph (c)(1)(ii) of this section, have had within the 
preceding 100 hours of time in service a 100-hour or annual inspection 
by a person authorized by part 65 or 145 of this chapter, or have been 
inspected under a progressive inspection system; and
    (ii) If it is a large or turbine-powered multiengine civil airplane 
of U.S. registry, have been inspected in accordance with the applicable 
inspection program requirements of Sec. 91.409 of this chapter.
    (2) If other than a helicopter, it must be equipped with a device 
capable of jettisoning at least one-half of the aircraft's maximum 
authorized load of agricultural material within 45 seconds. If the 
aircraft is equipped with a device for releasing the tank or hopper as a 
unit, there must be a means to prevent inadvertent release by the pilot 
or other crewmember.

[Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt. 137-5, 41 
FR 16796, Apr. 22, 1976; Amdt. 137-12, 54 FR 34332, Aug. 18, 1989]



Sec. 137.55  Business name: Commercial agricultural aircraft operator.

    No person may operate under a business name that is not shown on his 
commercial agricultural aircraft operator certificate.



Sec. 137.57  Availability of certificate.

    Each holder of an agricultural aircraft operator certificate shall 
keep that certificate at his home base of operations and shall present 
it for inspection on the request of the Administrator or any Federal, 
State, or local law enforcement officer.



Sec. 137.59  Inspection authority.

    Each holder of an agricultural aircraft operator certificate shall 
allow the Administrator at any time and place to make inspections, 
including on-the-job inspections, to determine compliance with 
applicable regulations and his agricultural aircraft operator 
certificate.



                      Subpart D_Records and Reports



Sec. 137.71  Records: Commercial agricultural aircraft operator.

    (a) Each holder of a commercial agricultural aircraft operator 
certificate shall maintain and keep current, at the home base of 
operations designated in his application, the following records:
    (1) The name and address of each person for whom agricultural 
aircraft services were provided;
    (2) The date of the service;
    (3) The name and quantity of the material dispensed for each 
operation conducted; and
    (4) The name, address, and certificate number of each pilot used in 
agricultural aircraft operations and the date that pilot met the 
knowledge and skill requirements of Sec. 137.19(e).
    (b) The records required by this section must be kept at least 12 
months

[[Page 506]]

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.
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;

[[Page 507]]

    (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 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

[[Page 508]]

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.



                         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

[[Page 509]]

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 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) Federal Docket Management System, as specified under 14 CFR part 
11.

[Docket No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; 72 FR 68475, Dec. 
5, 2007]



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

[[Page 510]]

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 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..............

[[Page 511]]

 
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
28. Procedures for identifying, marking, and               X                X                X
 lighting construction and 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

[[Page 512]]

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 
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.

[[Page 513]]

    (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 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.

[[Page 514]]

    (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 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:

[[Page 515]]

    (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.
    (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

[[Page 516]]

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.
    (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--

[[Page 517]]

    (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.
    (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

[[Page 518]]

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 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

[[Page 519]]

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 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

[[Page 520]]

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 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

[[Page 521]]

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;
    (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

[[Page 522]]

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 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

[[Page 523]]

    (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:
    (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,

[[Page 524]]

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 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

[[Page 525]]

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:
    (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.

[[Page 526]]

    (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 527]]



          SUBCHAPTER H_SCHOOLS AND OTHER CERTIFICATED AGENCIES



                           PART 140 [RESERVED]



PART 141_PILOT SCHOOLS--Table of Contents




                            Subpart A_General

Sec.
141.1 Applicability.
141.3 Certificate required.
141.5 Requirements for a pilot school certificate.
141.7 Provisional pilot school certificate.
141.9 Examining authority.
141.11 Pilot school ratings.
141.13 Application for issuance, amendment, or renewal.
141.17 Duration of certificate and examining authority.
141.18 Carriage of narcotic drugs, marijuana, and depressant or 
          stimulant drugs or substances.
141.19 Display of certificate.
141.21 Inspections.
141.23 Advertising limitations.
141.25 Business office and operations base.
141.26 Training agreements.
141.27 Renewal of certificates and ratings.
141.29 [Reserved]

       Subpart B_Personnel, Aircraft, and Facilities Requirements

141.31 Applicability.
141.33 Personnel.
141.35 Chief instructor qualifications.
141.36 Assistant chief instructor qualifications.
141.37 Check instructor qualifications.
141.38 Airports.
141.39 Aircraft.
141.41 Flight simulators, flight training devices, and training aids.
141.43 Pilot briefing areas.
141.45 Ground training facilities.

            Subpart C_Training Course Outline and Curriculum

141.51 Applicability.
141.53 Approval procedures for a training course: General.
141.55 Training course: Contents.
141.57 Special curricula.

                      Subpart D_Examining Authority

141.61 Applicability.
141.63 Examining authority qualification requirements.
141.65 Privileges.
141.67 Limitations and reports.

                        Subpart E_Operating Rules

141.71 Applicability.
141.73 Privileges.
141.75 Aircraft requirements.
141.77 Limitations.
141.79 Flight training.
141.81 Ground training.
141.83 Quality of training.
141.85 Chief instructor responsibilities.
141.87 Change of chief instructor.
141.89 Maintenance of personnel, facilities, and equipment.
141.91 Satellite bases.
141.93 Enrollment.
141.95 Graduation certificate.

                            Subpart F_Records

141.101 Training records.

Appendix A to Part 141--Recreational Pilot Certification Course
Appendix B to Part 141--Private Pilot Certification Course
Appendix C to Part 141--Instrument Rating Course
Appendix D to Part 141--Commercial Pilot Certification Course
Appendix E to Part 141--Airline Transport Pilot Certification Course
Appendix F to Part 141--Flight Instructor Certification Course
Appendix G to Part 141--Flight Instructor Instrument (For an Airplane, 
          Helicopter, or Powered-Lift Instrument Instructor Rating) 
          Certification Course
Appendix H to Part 141--Ground Instructor Certification Course
Appendix I to Part 141--Additional Aircraft Category or Class Rating 
          Course
Appendix J to Part 141--Aircraft Type Rating Course, For Other Than an 
          Airline Transport Pilot Certificate
Appendix K to Part 141--Special Preparation Courses
Appendix L to Part 141--Pilot Ground School Course

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

    Source: Docket No. 25910, 62 FR 16347, Apr. 4, 1997, unless 
otherwise noted.



                            Subpart A_General



Sec. 141.1  Applicability.

    This part prescribes the requirements for issuing pilot school 
certificates,

[[Page 528]]

provisional pilot school certificates, and associated ratings, and the 
general operating rules applicable to a holder of a certificate or 
rating issued under this part.



Sec. 141.3  Certificate required.

    No person may operate as a certificated pilot school without, or in 
violation of, a pilot school certificate or provisional pilot school 
certificate issued under this part.



Sec. 141.5  Requirements for a pilot school certificate.

    An applicant may be issued a pilot school certificate with 
associated ratings if the applicant:
    (a) Completes the application for a pilot school certificate on a 
form and in a manner prescribed by the Administrator;
    (b) Holds a provisional pilot school certificate, issued under this 
part, for at least 24 calendar months preceding the month in which the 
application for a pilot school certificate is made;
    (c) Meets the applicable requirements of subparts A through C of 
this part for the school ratings sought; and
    (d) Has trained and recommended for pilot certification and rating 
tests, within 24 calendar months preceding the month the application is 
made for the pilot school certificate, at least 10 students for a 
knowledge or practical test for a pilot certificate, flight instructor 
certificate, ground instructor certificate, an additional rating, an 
end-of-course test for a training course specified in appendix K to this 
part, or any combination of those tests, and at least 80 percent of all 
tests administered were passed on the first attempt.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.7  Provisional pilot school certificate.

    An applicant that meets the applicable requirements of subparts A, 
B, and C of this part, but does not meet the recent training activity 
requirements of Sec. 141.5(d) of this part, may be issued a provisional 
pilot school certificate with ratings.



Sec. 141.9  Examining authority.

    An applicant is issued examining authority for its pilot school 
certificate if the applicant meets the requirements of subpart D of this 
part.



Sec. 141.11  Pilot school ratings.

    (a) The ratings listed in paragraph (b) of this section may be 
issued to an applicant for:
    (1) A pilot school certificate, provided the applicant meets the 
requirements of Sec. 141.5 of this part; or
    (2) A provisional pilot school certificate, provided the applicant 
meets the requirements of Sec. 141.7 of this part.
    (b) An applicant may be authorized to conduct the following courses:
    (1) Certification and rating courses. (Appendixes A through J).
    (i) Recreational pilot course.
    (ii) Private pilot course.
    (iii) Commercial pilot course.
    (iv) Instrument rating course.
    (v) Airline transport pilot course.
    (vi) Flight instructor course.
    (vii) Flight instructor instrument course.
    (viii) Ground instructor course.
    (ix) Additional aircraft category or class rating course.
    (x) Aircraft type rating course.
    (2) Special preparation courses. (Appendix K).
    (i) Pilot refresher course.
    (ii) Flight instructor refresher course.
    (iii) Ground instructor refresher course.
    (iv) Agricultural aircraft operations course.
    (v) Rotorcraft external-load operations course.
    (vi) Special operations course.
    (vii) Test pilot course.
    (3) Pilot ground school course. (Appendix L).



Sec. 141.13  Application for issuance, amendment, or renewal.

    (a) Application for an original certificate and rating, an 
additional rating, or the renewal of a certificate under this part must 
be made on a form and in a manner prescribed by the Administrator.
    (b) Application for the issuance or amendment of a certificate or 
rating must be accompanied by two copies of

[[Page 529]]

each proposed training course curriculum for which approval is sought.



Sec. 141.17  Duration of certificate and examining authority.

    (a) Unless surrendered, suspended, or revoked, a pilot school's 
certificate or a provisional pilot school's certificate expires:
    (1) On the last day of the 24th calendar month from the month the 
certificate was issued;
    (2) Except as provided in paragraph (b) of this section, on the date 
that any change in ownership of the school occurs;
    (3) On the date of any change in the facilities upon which the 
school's certificate is based occurs; or
    (4) Upon notice by the Administrator that the school has failed for 
more than 60 days to maintain the facilities, aircraft, or personnel 
required for any one of the school's approved training courses.
    (b) A change in the ownership of a pilot school or provisional pilot 
school does not terminate that school's certificate if, within 30 days 
after the date that any change in ownership of the school occurs:
    (1) Application is made for an appropriate amendment to the 
certificate; and
    (2) No change in the facilities, personnel, or approved training 
courses is involved.
    (c) An examining authority issued to the holder of a pilot school 
certificate expires on the date that the pilot school certificate 
expires, or is surrendered, suspended, or revoked.



Sec. 141.18  Carriage of narcotic drugs, marijuana, 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.



Sec. 141.19  Display of certificate.

    (a) Each holder of a pilot school certificate or a provisional pilot 
school certificate must display that certificate in a place in the 
school that is normally accessible to the public and is not obscured.
    (b) A certificate must be made available for inspection upon request 
by:
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board; or
    (3) A Federal, State, or local law enforcement officer.



Sec. 141.21  Inspections.

    Each holder of a certificate issued under this part must allow the 
Administrator to inspect its personnel, facilities, equipment, and 
records to determine the certificate holder's:
    (a) Eligibility to hold its certificate;
    (b) Compliance with 49 U.S.C. 40101 et seq., formerly the Federal 
Aviation Act of 1958, as amended; and
    (c) Compliance with the Federal Aviation Regulations.



Sec. 141.23  Advertising limitations.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may not make any statement relating to its 
certification and ratings that is false or designed to mislead any 
person contemplating enrollment in that school.
    (b) The holder of a pilot school certificate or a provisional pilot 
school certificate may not advertise that the school is certificated 
unless it clearly differentiates between courses that have been approved 
under part 141 of this chapter and those that have not been approved 
under part 141 of this chapter.
    (c) The holder of a pilot school certificate or a provisional pilot 
school certificate must promptly remove:
    (1) From vacated premises, all signs indicating that the school was 
certificated by the Administrator; or
    (2) All indications (including signs), wherever located, that the 
school is certificated by the Administrator when its certificate has 
expired or has been surrendered, suspended, or revoked.



Sec. 141.25  Business office and operations base.

    (a) Each holder of a pilot school or a provisional pilot school 
certificate

[[Page 530]]

must maintain a principal business office with a mailing address in the 
name shown on its certificate.
    (b) The facilities and equipment at the principal business office 
must be adequate to maintain the files and records required to operate 
the business of the school.
    (c) The principal business office may not be shared with, or used 
by, another pilot school.
    (d) Before changing the location of the principal business office or 
the operations base, each certificate holder must notify the FAA Flight 
Standards District Office having jurisdiction over the area of the new 
location, and the notice must be:
    (1) Submitted in writing at least 30 days before the change of 
location; and
    (2) Accompanied by any amendments needed for the certificate 
holder's approved training course outline.
    (e) A certificate holder may conduct training at an operations base 
other than the one specified in its certificate, if:
    (1) The Administrator has inspected and approved the base for use by 
the certificate holder; and
    (2) The course of training and any needed amendments have been 
approved for use at that base.



Sec. 141.26  Training agreements.

    A training center certificated under part 142 of this chapter may 
provide the training, testing, and checking for pilot schools 
certificated under part 141 of this chapter, and is considered to meet 
the requirements of part 141, provided--
    (a) There is a training agreement between the certificated training 
center and the pilot school;
    (b) The training, testing, and checking provided by the certificated 
training center is approved and conducted under part 142;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes the 
training, testing, and checking to be conducted under part 141 and the 
training, testing, and checking to be conducted under part 142; and
    (d) Upon completion of the training, testing, and checking conducted 
under part 142, a copy of each student's training record is forwarded to 
the part 141 school and becomes part of the student's permanent training 
record.



Sec. 141.27  Renewal of certificates and ratings.

    (a) Pilot school. (1) A pilot school may apply for renewal of its 
school certificate and ratings within 30 days preceding the month the 
pilot school's certificate expires, provided the school meets the 
requirements prescribed in paragraph (a)(2) of this section for renewal 
of its certificate and ratings.
    (2) A pilot school may have its school certificate and ratings 
renewed for an additional 24 calendar months if the Administrator 
determines the school's personnel, aircraft, facility and airport, 
approved training courses, training records, and recent training ability 
and quality meet the requirements of this part.
    (3) A pilot school that does not meet the renewal requirements in 
paragraph (a)(2) of this section, may apply for a provisional pilot 
school certificate if the school meets the requirements of Sec. 141.7 
of this part.
    (b) Provisional pilot school. (1) Except as provided in paragraph 
(b)(3) of this section, a provisional pilot school may not have its 
provisional pilot school certificate or the ratings on that certificate 
renewed.
    (2) A provisional pilot school may apply for a pilot school 
certificate and associated ratings provided that school meets the 
requirements of Sec. 141.5 of this part.
    (3) A former provisional pilot school may apply for another 
provisional pilot school certificate, provided 180 days have elapsed 
since its last provisional pilot school certificate expired.



Sec. 141.29  [Reserved]



       Subpart B_Personnel, Aircraft, and Facilities Requirements



Sec. 141.31  Applicability.

    (a) This subpart prescribes:
    (1) The personnel and aircraft requirements for a pilot school 
certificate or a provisional pilot school certificate; and

[[Page 531]]

    (2) The facilities that a pilot school or provisional pilot school 
must have available on a continuous basis.
    (b) As used in this subpart, to have continuous use of a facility, 
including an airport, the school must have:
    (1) Ownership of the facility or airport for at least 6 calendar 
months after the date the application for initial certification and on 
the date of renewal of the school's certificate is made; or
    (2) A written lease agreement for the facility or airport for at 
least 6 calendar months after the date the application for initial 
certification and on the date of renewal of the school's certificate is 
made.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.33  Personnel.

    (a) An applicant for a pilot school certificate or for a provisional 
pilot school certificate must meet the following personnel requirements:
    (1) Each applicant must have adequate personnel, including 
certificated flight instructors, certificated ground instructors, or 
holders of a commercial pilot certificate with a lighter-than-air 
rating, and a chief instructor for each approved course of training who 
is qualified and competent to perform the duties to which that 
instructor is assigned.
    (2) If the school employs dispatchers, aircraft handlers, and line 
and service personnel, then it must instruct those persons in the 
procedures and responsibilities of their employment.
    (3) Each instructor to be used for ground or flight training must 
hold a flight instructor certificate, ground instructor certificate, or 
commercial pilot certificate with a lighter-than-air rating, as 
appropriate, with ratings for the approved course of training and any 
aircraft used in that course.
    (b) An applicant for a pilot school certificate or for a provisional 
pilot school certificate must designate a chief instructor for each of 
the school's approved training courses, who must meet the requirements 
of Sec. 141.35 of this part.
    (c) When necessary, an applicant for a pilot school certificate or 
for a provisional pilot school certificate may designate a person to be 
an assistant chief instructor for an approved training course, provided 
that person meets the requirements of Sec. 141.36 of this part.
    (d) A pilot school and a provisional pilot school may designate a 
person to be a check instructor for conducting student stage checks, 
end-of-course tests, and instructor proficiency checks, provided:
    (1) That person meets the requirements of Sec. 141.37 of this part; 
and
    (2) That school has a student enrollment of at least 50 students at 
the time designation is sought.
    (e) A person, as listed in this section, may serve in more than one 
position for a school, provided that person is qualified for each 
position.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.35  Chief instructor qualifications.

    (a) To be eligible for designation as a chief instructor for a 
course of training, a person must meet the following requirements:
    (1) Hold a commercial pilot certificate or an airline transport 
pilot certificate, and, except for a chief instructor for a course of 
training solely for a lighter-than-air rating, a current flight 
instructor certificate. The certificates must contain the appropriate 
aircraft category and class ratings for the category and class of 
aircraft used in the course and an instrument rating, if an instrument 
rating is required for enrollment in the course of training;
    (2) Meet the pilot-in-command recent flight experience requirements 
of Sec. 61.57 of this chapter;
    (3) Pass a knowledge test on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and approved course completion standards of the 
course for which the person seeks to obtain designation.
    (4) Pass a proficiency test on instructional skills and ability to 
train students on the flight procedures and maneuvers appropriate to the 
course;
    (5) Except for a course of training for gliders, balloons, or 
airships, the chief

[[Page 532]]

instructor must meet the applicable requirements in paragraphs (b), (c), 
and (d) of this section; and
    (6) A chief instructor for a course of training for gliders, 
balloons or airships is only required to have 40 percent of the hours 
required in paragraphs (b) and (d) of this section.
    (b) For a course of training leading to the issuance of a 
recreational or private pilot certificate or rating, a chief instructor 
must have:
    (1) At least 1,000 hours as pilot in command; and
    (2) Primary flight training experience, acquired as either a 
certificated flight instructor or an instructor in a military pilot 
flight training program, or a combination thereof, consisting of at 
least--
    (i) 2 years and a total of 500 flight hours; or
    (ii) 1,000 flight hours.
    (c) For a course of training leading to the issuance of an 
instrument rating or a rating with instrument privileges, a chief 
instructor must have:
    (1) At least 100 hours of flight time under actual or simulated 
instrument conditions;
    (2) At least 1,000 hours as pilot in command; and
    (3) Instrument flight instructor experience, acquired as either a 
certificated flight instructor-instrument or an instructor in a military 
pilot flight training program, or a combination thereof, consisting of 
at least--
    (i) 2 years and a total of 250 flight hours; or
    (ii) 400 flight hours.
    (d) For a course of training other than one leading to the issuance 
of a recreational or private pilot certificate or rating, or an 
instrument rating or a rating with instrument privileges, a chief 
instructor must have:
    (1) At least 2,000 hours as pilot in command; and
    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 3 years and a total of 1,000 flight hours; or
    (ii) 1,500 flight hours.
    (e) To be eligible for designation as chief instructor for a ground 
school course, a person must have 1 year of experience as a ground 
school instructor at a certificated pilot school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]



Sec. 141.36  Assistant chief instructor qualifications.

    (a) To be eligible for designation as an assistant chief instructor 
for a course of training, a person must meet the following requirements:
    (1) Hold a commercial pilot or an airline transport pilot 
certificate and, except for the assistant chief instructor for a course 
of training solely for a lighter-than-air rating, a current flight 
instructor certificate. The certificates must contain the appropriate 
aircraft category, class, and instrument ratings if an instrument rating 
is required by the course of training for the category and class of 
aircraft used in the course;
    (2) Meet the pilot-in-command recent flight experience requirements 
of Sec. 61.57 of this chapter;
    (3) Pass a knowledge test on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and approved course completion standards of the 
course for which the person seeks to obtain designation.
    (4) Pass a proficiency test on the flight procedures and maneuvers 
appropriate to that course; and
    (5) Meet the applicable requirements in paragraphs (b), (c), and (d) 
of this section. However, an assistant chief instructor for a course of 
training for gliders, balloons, or airships is only required to have 40 
percent of the hours required in paragraphs (b) and (d) of this section.
    (b) For a course of training leading to the issuance of a 
recreational or private pilot certificate or rating, an assistant chief 
instructor must have:
    (1) At least 500 hours as pilot in command; and

[[Page 533]]

    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 1 year and a total of 250 flight hours; or
    (ii) 500 flight hours.
    (c) For a course of training leading to the issuance of an 
instrument rating or a rating with instrument privileges, an assistant 
chief flight instructor must have:
    (1) At least 50 hours of flight time under actual or simulated 
instrument conditions;
    (2) At least 500 hours as pilot in command; and
    (3) Instrument flight instructor experience, acquired as either a 
certificated flight instructor-instrument or an instructor in a military 
pilot flight training program, or a combination thereof, consisting of 
at least--
    (i) 1 year and a total of 125 flight hours; or
    (ii) 200 flight hours.
    (d) For a course of training other than one leading to the issuance 
of a recreational or private pilot certificate or rating, or an 
instrument rating or a rating with instrument privileges, an assistant 
chief instructor must have:
    (1) At least 1,000 hours as pilot in command; and
    (2) Flight training experience, acquired as either a certificated 
flight instructor or an instructor in a military pilot flight training 
program, or a combination thereof, consisting of at least--
    (i) 1\1/2\ years and a total of 500 flight hours; or
    (ii) 750 flight hours.
    (e) To be eligible for designation as an assistant chief instructor 
for a ground school course, a person must have 6 months of experience as 
a ground school instructor at a certificated pilot school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]



Sec. 141.37  Check instructor qualifications.

    (a) To be designated as a check instructor for conducting student 
stage checks, end-of-course tests, and instructor proficiency checks 
under this part, a person must meet the eligibility requirements of this 
section:
    (1) For checks and tests that relate to either flight or ground 
training, the person must pass a test, given by the chief instructor, 
on--
    (i) Teaching methods;
    (ii) Applicable provisions of the ``Aeronautical Information 
Manual'';
    (iii) Applicable provisions of parts 61, 91, and 141 of this 
chapter; and
    (iv) The objectives and course completion standards of the approved 
training course for the designation sought.
    (2) For checks and tests that relate to a flight training course, 
the person must--
    (i) Meet the requirements in paragraph (a)(1) of this section;
    (ii) Hold a commercial pilot certificate or an airline transport 
pilot certificate and, except for a check instructor for a course of 
training for a lighter-than-air rating, a current flight instructor 
certificate. The certificates must contain the appropriate aircraft 
category, class, and instrument ratings for the category and class of 
aircraft used in the course;
    (iii) Meet the pilot-in-command recent flight experience 
requirements of Sec. 61.57 of this chapter; and
    (iv) Pass a proficiency test, given by the chief instructor or 
assistant chief instructor, on the flight procedures and maneuvers of 
the approved training course for the designation sought.
    (3) For checks and tests that relate to ground training, the person 
must--
    (i) Meet the requirements in paragraph (a)(1) of this section;
    (ii) Except for a course of training for a lighter-than-air rating, 
hold a current flight instructor certificate or ground instructor 
certificate with ratings appropriate to the category and class of 
aircraft used in the course; and
    (iii) For a course of training for a lighter-than-air rating, hold a 
commercial pilot certificate with a lighter-than-air category rating and 
the appropriate class rating.

[[Page 534]]

    (b) A person who meets the eligibility requirements in paragraph (a) 
of this section must:
    (1) Be designated, in writing, by the chief instructor to conduct 
student stage checks, end-of-course tests, and instructor proficiency 
checks; and
    (2) Be approved by the FAA Flight Standards District Office having 
jurisdiction over the school.
    (c) A check instructor may not conduct a stage check or an end-of-
course test of any student for whom the check instructor has:
    (1) Served as the principal instructor; or
    (2) Recommended for a stage check or end-of-course test.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.38  Airports.

    (a) An applicant for a pilot school certificate or a provisional 
pilot school certificate must show that he or she has continuous use of 
each airport at which training flights originate.
    (b) Each airport used for airplanes and gliders must have at least 
one runway or takeoff area that allows training aircraft to make a 
normal takeoff or landing under the following conditions at the 
aircraft's maximum certificated takeoff gross weight:
    (1) Under wind conditions of not more than 5 miles per hour;
    (2) At temperatures in the operating area equal to the mean high 
temperature for the hottest month of the year;
    (3) If applicable, with the powerplant operation, and landing gear 
and flap operation recommended by the manufacturer; and
    (4) In the case of a takeoff--
    (i) With smooth transition from liftoff to the best rate of climb 
speed without exceptional piloting skills or techniques; and
    (ii) Clearing all obstacles in the takeoff flight path by at least 
50 feet.
    (c) Each airport must have a wind direction indicator that is 
visible from the end of each runway at ground level;
    (d) Each airport must have a traffic direction indicator when:
    (1) The airport does not have an operating control tower; and
    (2) UNICOM advisories are not available.
    (e) Except as provided in paragraph (f) of this section, each 
airport used for night training flights must have permanent runway 
lights;
    (f) An airport or seaplane base used for night training flights in 
seaplanes is permitted to use adequate nonpermanent lighting or 
shoreline lighting, if approved by the Administrator.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40907, 
July 30, 1997]



Sec. 141.39  Aircraft.

    An applicant for a pilot school certificate or provisional pilot 
school certificate must show that each aircraft used by that school for 
flight training and solo flights meets the following requirements:
    (a) Each aircraft must be registered as a civil aircraft in the 
United States;
    (b) Each aircraft must be certificated with a standard airworthiness 
certificate or a primary airworthiness certificate, unless the 
Administrator determines that due to the nature of the approved course, 
an aircraft not having a standard airworthiness certificate or primary 
airworthiness certificate may be used;
    (c) Each aircraft must be maintained and inspected in accordance 
with the requirements under subpart E of part 91 of this chapter that 
apply to aircraft operated for hire;
    (d) Each aircraft used in flight training must have at least two 
pilot stations with engine-power controls that can be easily reached and 
operated in a normal manner from both pilot stations; and
    (e) Each aircraft used in a course involving IFR en route operations 
and instrument approaches must be equipped and maintained for IFR 
operations. For training in the control and precision maneuvering of an 
aircraft by reference to instruments, the aircraft may be equipped as 
provided in the approved course of training.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.41  Flight simulators, flight training devices, and training aids.

    An applicant for a pilot school certificate or a provisional pilot 
school certificate must show that its flight

[[Page 535]]

simulators, flight training devices, training aids, and equipment meet 
the following requirements:
    (a) Flight simulators. Each flight simulator used to obtain flight 
training credit allowed for flight simulators in an approved pilot 
training course curriculum must--
    (1) Be a full-size aircraft cockpit replica of a specific type of 
aircraft, or make, model, and series of aircraft;
    (2) Include the hardware and software necessary to represent the 
aircraft in ground operations and flight operations;
    (3) Use a force cueing system that provides cues at least equivalent 
to those cues provided by a 3 degree freedom of motion system;
    (4) Use 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
    (5) Have been evaluated, qualified, and approved by the 
Administrator.
    (b) Flight training devices. Each flight training device used to 
obtain flight training credit allowed for flight training devices in an 
approved pilot training course curriculum must--
    (1) Be a full-size replica of 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;
    (2) Need not have a force (motion) cueing or visual system; and
    (3) Have been evaluated, qualified, and approved by the 
Administrator.
    (c) Training aids and equipment. Each training aid, including any 
audiovisual aid, projector, tape recorder, mockup, chart, or aircraft 
component listed in the approved training course outline, must be 
accurate and appropriate to the course for which it is used.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.43  Pilot briefing areas.

    (a) An applicant for a pilot school certificate or provisional pilot 
school certificate must show that the applicant has continuous use of a 
briefing area located at each airport at which training flights 
originate that is:
    (1) Adequate to shelter students waiting to engage in their training 
flights;
    (2) Arranged and equipped for the conduct of pilot briefings; and
    (3) Except as provided in paragraph (c) of this section, for a 
school with an instrument rating or commercial pilot course, equipped 
with private landline or telephone communication to the nearest FAA 
Flight Service Station.
    (b) A briefing area required by paragraph (a) of this section may 
not be used by the applicant if it is available for use by any other 
pilot school during the period it is required for use by the applicant.
    (c) The communication equipment required by paragraph (a)(3) of this 
section is not required if the briefing area and the flight service 
station are located on the same airport, and are readily accessible to 
each other.



Sec. 141.45  Ground training facilities.

    An applicant for a pilot school or provisional pilot school 
certificate must show that:
    (a) Each room, training booth, or other space used for instructional 
purposes is heated, lighted, and ventilated to conform to local 
building, sanitation, and health codes; and
    (b) The training facility is so located that the students in that 
facility are not distracted by the training conducted in other rooms, or 
by flight and maintenance operations on the airport.



            Subpart C_Training Course Outline and Curriculum



Sec. 141.51  Applicability.

    This subpart prescribes the curriculum and course outline 
requirements for the issuance of a pilot school certificate or 
provisional pilot school certificate and ratings.



Sec. 141.53  Approval procedures for a training course: General.

    (a) General. An applicant for a pilot school certificate or 
provisional pilot school certificate must obtain the Administrator's 
approval of the outline of each training course for which certification 
and rating is sought.
    (b) Application. (1) An application for the approval of an initial 
or amended training course must be submitted in

[[Page 536]]

duplicate to the FAA Flight Standards District Office having 
jurisdiction over the area where the school is based.
    (2) An application for the approval of an initial or amended 
training course must be submitted at least 30 days before any training 
under that course, or any amendment thereto, is scheduled to begin.
    (3) An application for amending a training course must be 
accompanied by two copies of the amendment.
    (c) Training courses. (1) A training course submitted for approval 
prior to August 4, 1997 may, if approved, retain that approval until 1 
year after August 4, 1997.
    (2) An applicant for a pilot school certificate or provisional pilot 
school certificate may request approval of the training courses 
specified in Sec. 141.11(b) of this part.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.55  Training course: Contents.

    (a) Each training course for which approval is requested must meet 
the minimum curriculum requirements in accordance with the appropriate 
appendix of this part.
    (b) Except as provided in paragraphs (d) and (e) of this section, 
each training course for which approval is requested must meet the 
minimum ground and flight training time requirements in accordance with 
the appropriate appendix of this part.
    (c) Each training course for which approval is requested must 
contain:
    (1) A description of each room used for ground training, including 
the room's size and the maximum number of students that may be trained 
in the room at one time;
    (2) A description of each type of audiovisual aid, projector, tape 
recorder, mockup, chart, aircraft component, and other special training 
aids used for ground training;
    (3) A description of each flight simulator or flight training device 
used for training;
    (4) A listing of the airports at which training flights originate 
and a description of the facilities, including pilot briefing areas that 
are available for use by the school's students and personnel at each of 
those airports;
    (5) A description of the type of aircraft including any special 
equipment used for each phase of training;
    (6) The minimum qualifications and ratings for each instructor 
assigned to ground or flight training; and
    (7) A training syllabus that includes the following information--
    (i) The prerequisites for enrolling in the ground and flight portion 
of the course that include the pilot certificate and rating (if required 
by this part), training, pilot experience, and pilot knowledge;
    (ii) A detailed description of each lesson, including the lesson's 
objectives, standards, and planned time for completion;
    (iii) A description of what the course is expected to accomplish 
with regard to student learning;
    (iv) The expected accomplishments and the standards for each stage 
of training; and
    (v) A description of the checks and tests to be used to measure a 
student's accomplishments for each stage of training.
    (d) A pilot school may request and receive initial approval for a 
period of not more than 24 calendar months for any of the training 
courses of this part without specifying the minimum ground and flight 
training time requirements of this part, provided the following 
provisions are met:
    (1) The school holds a pilot school certificate issued under this 
part and has held that certificate for a period of at least 24 
consecutive calendar months preceding the month of the request;
    (2) In addition to the information required by paragraph (c) of this 
section, the training course specifies planned ground and flight 
training time requirements for the course;
    (3) The school does not request the training course to be approved 
for examining authority, nor may that school hold examining authority 
for that course; and
    (4) The practical test or knowledge test for the course is to be 
given by--
    (i) An FAA inspector; or
    (ii) An examiner who is not an employee of the school.
    (e) A certificated pilot school may request and receive final 
approval for any

[[Page 537]]

of the training courses of this part without specifying the minimum 
ground and flight training time requirements of this part, provided the 
following conditions are met:
    (1) The school has held initial approval for that training course 
for at least 24 calendar months.
    (2) The school has--
    (i) Trained at least 10 students in that training course within the 
preceding 24 calendar months and recommended those students for a pilot, 
flight instructor, or ground instructor certificate or rating; and
    (ii) At least 80 percent of those students passed the practical or 
knowledge test, or any combination thereof, on the first attempt, and 
that test was given by--
    (A) An FAA inspector; or
    (B) An examiner who is not an employee of the school.
    (3) In addition to the information required by paragraph (c) of this 
section, the training course specifies planned ground and flight 
training time requirements for the course.
    (4) The school does not request that the training course be approved 
for examining authority nor may that school hold examining authority for 
that course.



Sec. 141.57  Special curricula.

    An applicant for a pilot school certificate or provisional pilot 
school certificate may apply for approval to conduct a special course of 
airman training for which a curriculum is not prescribed in the 
appendixes of this part, if the applicant shows that the training course 
contains features that could achieve a level of pilot proficiency 
equivalent to that achieved by a training course prescribed in the 
appendixes of this part or the requirements of part 61 of this chapter.



                      Subpart D_Examining Authority



Sec. 141.61  Applicability.

    This subpart prescribes the requirements for the issuance of 
examining authority to the holder of a pilot school certificate, and the 
privileges and limitations of that examining authority.



Sec. 141.63  Examining authority qualification requirements.

    (a) A pilot school must meet the following prerequisites to receive 
initial approval for examining authority:
    (1) The school must complete the application for examining authority 
on a form and in a manner prescribed by the Administrator;
    (2) The school must hold a pilot school certificate and rating 
issued under this part;
    (3) The school must have held the rating in which examining 
authority is sought for at least 24 consecutive calendar months 
preceding the month of application for examining authority;
    (4) The training course for which examining authority is requested 
may not be a course that is approved without meeting the minimum ground 
and flight training time requirements of this part; and
    (5) Within 24 calendar months before the date of application for 
examining authority, that school must meet the following requirements--
    (i) The school must have trained at least 10 students in the 
training course for which examining authority is sought and recommended 
those students for a pilot, flight instructor, or ground instructor 
certificate or rating; and
    (ii) At least 90 percent of those students passed the required 
practical or knowledge test, or any combination thereof, for the pilot, 
flight instructor, or ground instructor certificate or rating on the 
first attempt, and that test was given by--
    (A) An FAA inspector; or
    (B) An examiner who is not an employee of the school.
    (b) A pilot school must meet the following requirements to retain 
approval of its examining authority:
    (1) The school must complete the application for renewal of its 
examining authority on a form and in a manner prescribed by the 
Administrator;
    (2) The school must hold a pilot school certificate and rating 
issued under this part;
    (3) The school must have held the rating for which continued 
examining authority is sought for at least 24 calendar months preceding 
the month of

[[Page 538]]

application for renewal of its examining authority; and
    (4) The training course for which continued examining authority is 
requested may not be a course that is approved without meeting the 
minimum ground and flight training time requirements of this part.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.65  Privileges.

    A pilot school that holds examining authority may recommend a person 
who graduated from its course for the appropriate pilot, flight 
instructor, or ground instructor certificate or rating without taking 
the FAA knowledge test or practical test in accordance with the 
provisions of this subpart.



Sec. 141.67  Limitations and reports.

    A pilot school that holds examining authority may only recommend the 
issuance of a pilot, flight instructor, or ground instructor certificate 
and rating to a person who does not take an FAA knowledge test or 
practical test, if the recommendation for the issuance of that 
certificate or rating is in accordance with the following requirements:
    (a) The person graduated from a training course for which the pilot 
school holds examining authority.
    (b) Except as provided in this paragraph, the person satisfactorily 
completed all the curriculum requirements of that pilot school's 
approved training course. A person who transfers from one part 141 
approved pilot school to another part 141 approved pilot school may 
receive credit for that previous training, provided the following 
requirements are met:
    (1) The maximum credited training time does not exceed one-half of 
the receiving school's curriculum requirements;
    (2) The person completes a knowledge and proficiency test conducted 
by the receiving school for the purpose of determining the amount of 
pilot experience and knowledge to be credited;
    (3) The receiving school determines (based on the person's 
performance on the knowledge and proficiency test required by paragraph 
(b)(2) of this section) the amount of credit to be awarded, and records 
that credit in the person's training record;
    (4) The person who requests credit for previous pilot experience and 
knowledge obtained the experience and knowledge from another part 141 
approved pilot school and training course; and
    (5) The receiving school retains a copy of the person's training 
record from the previous school.
    (c) Tests given by a pilot school that holds examining authority 
must be approved by the Administrator and be at least equal in scope, 
depth, and difficulty to the comparable knowledge and practical tests 
prescribed by the Administrator under part 61 of this chapter.
    (d) A pilot school that holds examining authority may not use its 
knowledge or practical tests if the school:
    (1) Knows, or has reason to believe, the test has been compromised; 
or
    (2) Is notified by an FAA Flight Standards District Office that 
there is reason to believe or it is known that the test has been 
compromised.
    (e) A pilot school that holds examining authority must maintain a 
record of all temporary airman certificates it issues, which consist of 
the following information:
    (1) A chronological listing that includes--
    (i) The date the temporary airman certificate was issued;
    (ii) The student to whom the temporary airman certificate was 
issued, and that student's permanent mailing address and telephone 
number;
    (iii) The training course from which the student graduated;
    (iv) The name of person who conducted the knowledge or practical 
test;
    (v) The type of temporary airman certificate or rating issued to the 
student; and
    (vi) The date the student's airman application file was sent to the 
FAA for processing for a permanent airman certificate.
    (2) A copy of the record containing each student's graduation 
certificate, airman application, temporary airman certificate, 
superseded airman certificate (if applicable), and knowledge test or 
practical test results; and

[[Page 539]]

    (3) The records required by paragraph (e) of this section must be 
retained for 1 year and made available to the Administrator upon 
request. These records must be surrendered to the Administrator when the 
pilot school ceases to have examining authority.
    (f) Except for pilot schools that have an airman certification 
representative, when a student passes the knowledge test or practical 
test, the pilot school that holds examining authority must submit that 
student's airman application file and training record to the FAA for 
processing for the issuance of a permanent airman certificate.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



                        Subpart E_Operating Rules



Sec. 141.71  Applicability.

    This subpart prescribes the operating rules applicable to a pilot 
school or provisional pilot school certificated under the provisions of 
this part.



Sec. 141.73  Privileges.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may advertise and conduct approved pilot training 
courses in accordance with the certificate and any ratings that it 
holds.
    (b) A pilot school that holds examining authority for an approved 
training course may recommend a graduate of that course for the issuance 
of an appropriate pilot, flight instructor, or ground instructor 
certificate and rating, without taking an FAA knowledge test or 
practical test, provided the training course has been approved and meets 
the minimum ground and flight training time requirements of this part.



Sec. 141.75  Aircraft requirements.

    The following items must be carried on each aircraft used for flight 
training and solo flights:
    (a) A pretakeoff and prelanding checklist; and
    (b) The operator's handbook for the aircraft, if one is furnished by 
the manufacturer, or copies of the handbook if furnished to each student 
using the aircraft.

[Doc. No. 25910, 62 FR 40908, July 30, 1997]



Sec. 141.77  Limitations.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate may not issue a graduation certificate to a student, 
or recommend a student for a pilot certificate or rating, unless the 
student has:
    (1) Completed the training specified in the pilot school's course of 
training; and
    (2) Passed the required final tests.
    (b) Except as provided in paragraph (c) of this section, the holder 
of a pilot school certificate or a provisional pilot school certificate 
may not graduate a student from a course of training unless the student 
has completed all of the curriculum requirements of that course;
    (c) A student may be given credit towards the curriculum 
requirements of a course for previous pilot experience and knowledge, 
provided the following conditions are met:
    (1) If the credit is based upon a part 141-approved training course, 
the credit given that student for the previous pilot experience and 
knowledge may be 50 percent of the curriculum requirements and must be 
based upon a proficiency test or knowledge test, or both, conducted by 
the receiving pilot school;
    (2) If the credit is not based upon a part 141-approved training 
course, the credit given that student for the previous pilot experience 
and knowledge shall not exceed more than 25 percent of the curriculum 
requirements and must be based upon a proficiency test or knowledge 
test, or both, conducted by the receiving pilot school;
    (3) The receiving school determines the amount of course credit to 
be transferred under paragraph (c)(1) or paragraph (c)(2) of this 
section, based on a proficiency test or knowledge test, or both, of the 
student; and
    (4) Credit for training specified in paragraph (c)(1) or paragraph 
(c)(2) of this section may be given only if the previous provider of the 
training has certified in writing, or other form acceptable to the 
Administrator as to the kind and amount of training provided,

[[Page 540]]

and the result of each stage check and end-of-course test, if 
applicable, given to the student.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.79  Flight training.

    (a) No person other than a certificated flight instructor or 
commercial pilot with a lighter-than-air rating who has the ratings and 
the minimum qualifications specified in the approved training course 
outline may give a student flight training under an approved course of 
training.
    (b) No student pilot may be authorized to start a solo practice 
flight from an airport until the flight has been approved by a 
certificated flight instructor or commercial pilot with a lighter-than-
air rating who is present at that airport.
    (c) Each chief instructor and assistant chief instructor assigned to 
a training course must complete, at least once every 12 calendar months, 
an approved syllabus of training consisting of ground or flight 
training, or both, or an approved flight instructor refresher course.
    (d) Each certificated flight instructor or commercial pilot with a 
lighter-than-air rating who is assigned to a flight training course must 
satisfactorily complete the following tasks, which must be administered 
by the school's chief instructor, assistant chief instructor, or check 
instructor:
    (1) Prior to receiving authorization to train students in a flight 
training course, must--
    (i) Accomplish a review of and receive a briefing on the objectives 
and standards of that training course; and
    (ii) Accomplish an initial proficiency check in each make and model 
of aircraft used in that training course in which that person provides 
training; and
    (2) Every 12 calendar months after the month in which the person 
last complied with the requirements of paragraph (d)(1)(ii) of this 
section, accomplish a recurrent proficiency check in one of the aircraft 
in which the person trains students.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.81  Ground training.

    (a) Except as provided in paragraph (b) of this section, each 
instructor who is assigned to a ground training course must hold a 
flight or ground instructor certificate, or a commercial pilot 
certificate with a lighter-than-air rating, with the appropriate rating 
for that course of training.
    (b) A person who does not meet the requirements of paragraph (a) of 
this section may be assigned ground training duties in a ground training 
course, if:
    (1) The chief instructor who is assigned to that ground training 
course finds the person qualified to give that training; and
    (2) The training is given while under the supervision of the chief 
instructor or the assistant chief instructor who is present at the 
facility when the training is given.
    (c) An instructor may not be used in a ground training course until 
that instructor has been briefed on the objectives and standards of that 
course by the chief instructor, assistant chief instructor, or check 
instructor.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.83  Quality of training.

    (a) Each pilot school or provisional pilot school must meet the 
following requirements:
    (1) Comply with its approved training course; and
    (2) Provide training of such quality that meets the requirements of 
Sec. 141.5(d) of this part.
    (b) The failure of a pilot school or provisional pilot school to 
maintain the quality of training specified in paragraph (a) of this 
section may be the basis for suspending or revoking that school's 
certificate.
    (c) When requested by the Administrator, a pilot school or 
provisional pilot school must allow the FAA to administer any knowledge 
test, practical test, stage check, or end-of-course test to its 
students.
    (d) When a stage check or end-of-course test is administered by the 
FAA under the provisions of paragraph (c) of this section, and the 
student has not completed the training course, then

[[Page 541]]

that test will be based on the standards prescribed in the school's 
approved training course.
    (e) When a practical test or knowledge test is administered by the 
FAA under the provisions of paragraph (c) of this section, to a student 
who has completed the school's training course, that test will be based 
upon the areas of operation approved by the Administrator.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.85  Chief instructor responsibilities.

    (a) Each person designated as a chief instructor for a pilot school 
or provisional pilot school shall be responsible for:
    (1) Certifying each student's training record, graduation 
certificate, stage check and end-of-course test report, recommendation 
for course completion, and application;
    (2) Ensuring that each certificated flight instructor, certificated 
ground instructor, or commercial pilot with a lighter-than-air rating 
passes an initial proficiency check prior to that instructor being 
assigned instructing duties in the school's approved training course, 
and thereafter that the instructor passes a recurrent proficiency check 
every 12 calendar months after the month in which the initial test was 
accomplished;
    (3) Ensuring that each student accomplishes the required stage 
checks and end-of-course tests in accordance with the school's approved 
training course; and
    (4) Maintaining training techniques, procedures, and standards for 
the school that are acceptable to the Administrator.
    (b) The chief instructor or an assistant chief instructor must be 
available at the pilot school or, if away from the pilot school, be 
available by telephone, radio, or other electronic means during the time 
that training is given for an approved training course.
    (c) The chief instructor may delegate authority for conducting stage 
checks, end-of-course tests, and flight instructor proficiency checks to 
the assistant chief instructor or a check instructor.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.87  Change of chief instructor.

    Whenever a pilot school or provisional pilot school makes a change 
of designation of its chief instructor, that school:
    (a) Must immediately provide the FAA Flight Standards District 
Office that has jurisdiction over the area in which the school is 
located with written notification of the change;
    (b) May conduct training without a chief instructor for that 
training course for a period not to exceed 60 days while awaiting the 
designation and approval of another chief instructor;
    (c) May, for a period not to exceed 60 days, have the stage checks 
and end-of-course tests administered by:
    (1) The training course's assistant chief instructor, if one has 
been designated;
    (2) The training course's check instructor, if one has been 
designated;
    (3) An FAA inspector; or
    (4) An examiner.
    (d) Must, after 60 days without a chief instructor, cease operations 
and surrender its certificate to the Administrator; and
    (e) May have its certificate reinstated, upon:
    (1) Designating and approving another chief instructor;
    (2) Showing it meets the requirements of Sec. 141.27(a)(2) of this 
part; and
    (3) Applying for reinstatement on a form and in a manner prescribed 
by the Administrator.



Sec. 141.89  Maintenance of personnel, facilities, and equipment.

    The holder of a pilot school certificate or provisional pilot school 
certificate may not provide training to a student who is enrolled in an 
approved course of training unless:
    (a) Each airport, aircraft, and facility necessary for that training 
meets the standards specified in the holder's approved training course 
outline and the appropriate requirements of this part; and

[[Page 542]]

    (b) Except as provided in Sec. 141.87 of this part, each chief 
instructor, assistant chief instructor, check instructor, or instructor 
meets the qualifications specified in the holder's approved course of 
training and the appropriate requirements of this part.



Sec. 141.91  Satellite bases.

    The holder of a pilot school certificate or provisional pilot school 
certificate may conduct ground training or flight training in an 
approved course of training at a base other than its main operations 
base if:
    (a) An assistant chief instructor is designated for each satellite 
base, and that assistant chief instructor is available at that base or, 
if away from the premises, by telephone, radio, or other electronic 
means during the time that training is provided for an approved training 
course;
    (b) The airport, facilities, and personnel used at the satellite 
base meet the appropriate requirements of subpart B of this part and its 
approved training course outline;
    (c) The instructors are under the direct supervision of the chief 
instructor or assistant chief instructor for the appropriate training 
course, who is readily available for consultation in accordance with 
Sec. 141.85(b) of this part; and
    (d) The FAA Flight Standards District Office having jurisdiction 
over the area in which the school is located is notified in writing if 
training is conducted at a base other than the school's main operations 
base for more than 7 consecutive days.

[Doc. No. 25910, 62 FR. 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.93  Enrollment.

    (a) The holder of a pilot school certificate or a provisional pilot 
school certificate must, at the time a student is enrolled in an 
approved training course, furnish that student with a copy of the 
following:
    (1) A certificate of enrollment containing--
    (i) The name of the course in which the student is enrolled; and
    (ii) The date of that enrollment.
    (2) A copy of the student's training syllabus.
    (3) A copy of the safety procedures and practices developed by the 
school that describe the use of the school's facilities and the 
operation of its aircraft. Those procedures and practices shall include 
training on at least the following information--
    (i) The weather minimums required by the school for dual and solo 
flights;
    (ii) The procedures for starting and taxiing aircraft on the ramp;
    (iii) Fire precautions and procedures;
    (iv) Redispatch procedures after unprogrammed landings, on and off 
airports;
    (v) Aircraft discrepancies and approval for return-to-service 
determinations;
    (vi) Securing of aircraft when not in use;
    (vii) Fuel reserves necessary for local and cross-country flights;
    (viii) Avoidance of other aircraft in flight and on the ground;
    (ix) Minimum altitude limitations and simulated emergency landing 
instructions; and
    (x) A description of and instructions regarding the use of assigned 
practice areas.
    (b) The holder of a pilot school certificate or provisional pilot 
school certificate must maintain a monthly listing of persons enrolled 
in each training course offered by the school.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



Sec. 141.95  Graduation certificate.

    (a) The holder of a pilot school certificate or provisional pilot 
school certificate must issue a graduation certificate to each student 
who completes its approved course of training.
    (b) The graduation certificate must be issued to the student upon 
completion of the course of training and contain at least the following 
information:
    (1) The name of the school and the certificate number of the school;
    (2) The name of the graduate to whom it was issued;
    (3) The course of training for which it was issued;
    (4) The date of graduation;
    (5) A statement that the student has satisfactorily completed each 
required stage of the approved course of training including the tests 
for those stages;

[[Page 543]]

    (6) A certification of the information contained on the graduation 
certificate by the chief instructor for that course of training; and
    (7) A statement showing the cross-country training that the student 
received in the course of training.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



                            Subpart F_Records



Sec. 141.101  Training records.

    (a) Each holder of a pilot school certificate or provisional pilot 
school certificate must establish and maintain a current and accurate 
record of the participation of each student enrolled in an approved 
course of training conducted by the school that includes the following 
information:
    (1) The date the student was enrolled in the approved course;
    (2) A chronological log of the student's course attendance, 
subjects, and flight operations covered in the student's training, and 
the names and grades of any tests taken by the student; and
    (3) The date the student graduated, terminated training, or 
transferred to another school.
    (b) The records required to be maintained in a student's logbook 
will not suffice for the record required by paragraph (a) of this 
section.
    (c) Whenever a student graduates, terminates training, or transfers 
to another school, the student's record must be certified to that effect 
by the chief instructor.
    (d) The holder of a pilot school certificate or a provisional pilot 
school certificate must retain each student record required by this 
section for at least 1 year from the date that the student:
    (1) Graduates from the course to which the record pertains;
    (2) Terminates enrollment in the course to which the record 
pertains; or
    (3) Transfers to another school.
    (e) The holder of a pilot school certificate or a provisional pilot 
school certificate must make a copy of the student's training record 
available upon request by the student.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



  Sec. Appendix A to Part 141--Recreational Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
required for a recreational pilot certification course under this part, 
for the following ratings:
    (a) Airplane single-engine.
    (b) Rotorcraft helicopter.
    (c) Rotorcraft gyroplane.
    2. Eligibility for enrollment. A person must hold a student pilot 
certificate prior to enrolling in the flight portion of the recreational 
pilot certification course.
    3. Aeronautical knowledge training. Each approved course must 
include at least 20 hours of ground training on the following 
aeronautical knowledge areas, appropriate to the aircraft category and 
class for which the course applies:
    (a) Applicable Federal Aviation Regulations for recreational pilot 
privileges, limitations, and flight operations;
    (b) Accident reporting requirements of the National Transportation 
Safety Board;
    (c) Applicable subjects in the ``Aeronautical Information Manual'' 
and the appropriate FAA advisory circulars;
    (d) Use of aeronautical charts for VFR navigation using pilotage 
with the aid of a magnetic compass;
    (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, if applying for an airplane single-engine rating;
    (k) Aeronautical decision making and judgment; and
    (l) Preflight action that includes--
    (1) 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
    (2) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[[Page 544]]

    4. Flight training. (a) Each approved course must include at least 
30 hours of flight training (of which 15 hours must be with a 
certificated flight instructor and 3 hours must be solo flight training 
as provided in section No. 5 of this appendix) on the approved areas of 
operation listed in paragraph (c) of this section that are appropriate 
to the aircraft category and class rating for which the course applies, 
including:
    (1) Except as provided in Sec. 61.100 of this chapter, 2 hours of 
dual flight training to and at an airport that is located more than 25 
nautical miles from the airport where the applicant normally trains, 
with at least three takeoffs and three landings; and
    (2) 3 hours of dual flight training in an aircraft that is 
appropriate to the aircraft category and class for which the course 
applies, in preparation for the practical test within 60 days preceding 
the date of the test.
    (b) Each training flight must include a preflight briefing and a 
postflight critique of the student by the flight instructor assigned to 
that flight.
    (c) Flight training must include the following approved areas of 
operation appropriate to the aircraft category and class rating--
    (1) For an airplane single-engine course: (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 rotorcraft helicopter course: (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; and
    (ix) Postflight procedures.
    (3) For a rotorcraft gyroplane course: (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.
    5. Solo flight training. Each approved course must include at least 
3 hours of solo flight training on the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the aircraft category and class rating for which the 
course applies.
    6. Stage checks and end-of-course tests. (a) Each student enrolled 
in a recreational pilot course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (c) of section No. 4 of this appendix that are appropriate to 
the aircraft category and class rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997]



     Sec. Appendix B to Part 141--Private Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a private pilot certification course required under this part, for 
the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold a recreational or 
student pilot certificate prior to enrolling in the flight portion of 
the private pilot certification course.
    3. Aeronautical knowledge training.
    (a) Each approved course must include at least the following ground 
training on the aeronautical knowledge areas listed in paragraph (b) of 
this section, appropriate to the aircraft category and class rating:
    (1) 35 hours of training if the course is for an airplane, 
rotorcraft, or powered-lift category rating.
    (2) 15 hours of training if the course is for a glider category 
rating.
    (3) 10 hours of training if the course is for a lighter-than-air 
category with a balloon class rating.
    (4) 35 hours of training if the course is for a lighter-than-air 
category with an airship class rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations for private pilot 
privileges, limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Applicable subjects of the ``Aeronautical Information Manual'' 
and the appropriate FAA advisory circulars;

[[Page 545]]

    (4) 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) If the course of training is for an airplane category or glider 
category rating, stall awareness, spin entry, spins, and spin recovery 
techniques;
    (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.
    4. Flight training. (a) Each approved course must include at least 
the following flight training, as provided in this section and section 
No. 5 of this appendix, on the approved areas of operation listed in 
paragraph (d) of this section, appropriate to the aircraft category and 
class rating:
    (1) 35 hours of training if the course is for an airplane, 
rotorcraft, powered-lift, or airship rating.
    (2) 6 hours of training if the course is for a glider rating.
    (3) 8 hours of training if the course is for a balloon rating.
    (b) Each approved course must include at least the following flight 
training:
    (1) For an airplane single-engine course: 20 hours of flight 
training from a certificated flight instructor on the approved areas of 
operation in paragraph (d)(1) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a single-engine airplane;
    (ii) 3 hours of night flight training in a single-engine airplane 
that includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a single-engine airplane; 
and
    (iv) 3 hours of flight training in a single-engine airplane in 
preparation for the practical test within 60 days preceding the date of 
the test.
    (2) For an airplane multiengine course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(2) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a multiengine airplane;
    (ii) 3 hours of night flight training in a multiengine airplane that 
includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a multiengine airplane; and
    (iv) 3 hours of flight training in a multiengine airplane in 
preparation for the practical test within 60 days preceding the date of 
the test.
    (3) For a rotorcraft helicopter course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(3) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a helicopter.
    (ii) 3 hours of night flight training in a helicopter that 
includes--
    (A) One cross-country flight of more than 50-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of flight training in a helicopter in preparation for 
the practical test within 60 days preceding the date of the test.
    (4) For a rotorcraft gyroplane course: 20 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
in paragraph (d)(4) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a gyroplane.
    (ii) 3 hours of night flight training in a gyroplane that includes--
    (A) One cross-country flight over 50-nautical-miles total distance; 
and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of flight training in a gyroplane in preparation for 
the practical test within 60 days preceding the date of the test.
    (5) For a powered-lift course: 20 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(5) of this section that includes at least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in a powered-lift;

[[Page 546]]

    (ii) 3 hours of night flight training in a powered-lift that 
includes--
    (A) One cross-country flight of more than 100-nautical-miles total 
distance; and
    (B) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (iii) 3 hours of instrument training in a powered-lift; and
    (iv) 3 hours of flight training in a powered-lift in preparation for 
the practical test, within 60 days preceding the date of the test.
    (6) For a glider course: 4 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(6) of this section that includes at least--
    (i) Five training flights in a glider with a certificated flight 
instructor on the launch/tow procedures approved for the course and on 
the appropriate approved areas of operation listed in paragraph (d)(6) 
of this section; and
    (ii) Three training flights in a glider with a certificated flight 
instructor in preparation for the practical test within 60 days 
preceding the date of the test.
    (7) For a lighter-than-air airship course: 20 hours of flight 
training from a commercial pilot with an airship rating on the approved 
areas of operation in paragraph (d)(7) of this section that includes at 
least--
    (i) Except as provided in Sec. 61.111 of this chapter, 3 hours of 
cross-country flight training in an airship;
    (ii) 3 hours of night flight training in an airship that includes--
    (A) One cross-country flight 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.
    (iii) 3 hours of instrument training in an airship; and
    (iv) 3 hours of flight training in an airship in preparation for the 
practical test within 60 days preceding the date of the test.
    (8) For a lighter-than-air balloon course: 8 hours of flight 
training, including at least five training flights, from a commercial 
pilot with a balloon rating on the approved areas of operation in 
paragraph (d)(8) of this section, that includes--
    (i) If the training is being performed in a gas balloon--
    (A) Two flights of 1 hour each;
    (B) One flight involving a controlled ascent to 3,000 feet above the 
launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (ii) If the training is being performed in a balloon with an 
airborne heater--
    (A) Two flights of 30 minutes each;
    (B) One flight involving a controlled ascent to 2,000 feet above the 
launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (c) For use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 20 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 15 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (c)(2) and (c)(3) of this section, if used in 
combination, may be credited for a maximum of 20 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (c)(3) of this section.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating--
    (1) For a single-engine airplane course: (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, and
    (xii) Postflight procedures.
    (2) For a multiengine airplane course: (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; and
    (xiii) Postflight procedures.

[[Page 547]]

    (3) For a rotorcraft helicopter course: (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; and
    (x) Postflight procedures.
    (4) For a rotorcraft gyroplane course:
    (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; and
    (xi) Postflight procedures.
    (5) For a powered-lift course: (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; and
    (xiii) Postflight procedures.
    (6) For a glider course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches/tows, as appropriate, 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 airship course: (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 balloon course: (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.
    5. Solo flight training. Each approved course must include at least 
the following solo flight training:
    (a) For an airplane single-engine course: 5 hours of solo flight 
training in a single-engine airplane on the approved areas of operation 
in paragraph (d)(1) of section No. 4 of this appendix that includes at 
least--
    (1) One solo cross-country flight of at least 100 nautical miles 
with 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
    (2) 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 course: 5 hours of flight training 
in a multiengine airplane performing the duties of a pilot in command 
while under the supervision of a certificated flight instructor. The 
training must consist of the approved areas of operation in paragraph 
(d)(2) of section No. 4 of this appendix, and include at least--
    (1) One cross-country flight of at least 100 nautical miles with 
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
    (2) 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 rotorcraft helicopter course: 5 hours of solo flight 
training in a helicopter on the approved areas of operation in paragraph 
(d)(3) of section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of more than 50 nautical miles 
with landings at a minimum of three 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
    (2) 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 rotorcraft gyroplane course: 5 hours of solo flight 
training in gyroplanes on the approved areas of operation in paragraph 
(d)(4) of section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of more than 50 nautical miles 
with landings at a minimum of three 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
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a

[[Page 548]]

flight in the traffic pattern) at an airport with an operating control 
tower.
    (e) For a powered-lift course: 5 hours of solo flight training in a 
powered-lift on the approved areas of operation in paragraph (d)(5) of 
section No. 4 of this appendix that includes at least--
    (1) One solo cross-country flight of at least 100 nautical miles 
with 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
    (2) 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 course: Two solo flights in a glider on the 
approved areas of operation in paragraph (d)(6) of section No. 4 of this 
appendix, and the launch and tow procedures appropriate for the approved 
course.
    (g) For a lighter-than-air airship course: 5 hours of flight 
training in an airship performing the duties of pilot in command while 
under the supervision of a commercial pilot with an airship rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(7) of section No. 4 of this appendix.
    (h) For a lighter-than-air balloon course: Two solo flights in a 
balloon with an airborne heater if the course involves a balloon with an 
airborne heater or, if the course involves a gas balloon, at least two 
flights in a gas balloon performing the duties of pilot in command while 
under the supervision of a commercial pilot with a balloon rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(8) of section No. 4 of this appendix, in the kind of balloon for 
which the course applies.
    6. Stage checks and end-of-course tests.
    (a) Each student enrolled in a private pilot course must 
satisfactorily accomplish the stage checks and end-of-course tests in 
accordance with the school's approved training course, consisting of the 
approved areas of operation listed in paragraph (d) of section No. 4 of 
this appendix that are appropriate to the aircraft category and class 
rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40908, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20289, Apr. 23, 1998]



          Sec. Appendix C to Part 141--Instrument Rating Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an instrument rating course and an additional instrument rating 
course, required under this part, for the following ratings:
    (a) Instrument--airplane.
    (b) Instrument--helicopter.
    (c) Instrument--powered-lift.
    2. Eligibility for enrollment. A person must hold at least a private 
pilot certificate with an aircraft category and class rating appropriate 
to the instrument rating for which the course applies prior to enrolling 
in the flight portion of the instrument rating course.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section appropriate to 
the instrument rating for which the course applies:
    (1) 30 hours of training if the course is for an initial instrument 
rating.
    (2) 20 hours of training if the course is for an additional 
instrument rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations for IFR flight 
operations;
    (2) Appropriate information 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 on the basis of 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, to include crew communication and 
coordination.
    4. Flight training. (a) Each approved course must include at least 
the following flight training on the approved areas of operation listed 
in paragraph (d) of this section, appropriate to the instrument-aircraft 
category and class rating for which the course applies:
    (1) 35 hours of instrument training if the course is for an initial 
instrument rating.
    (2) 15 hours of instrument training if the course is for an 
additional instrument rating.
    (b) For the use of flight simulators or flight training devices--
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.

[[Page 549]]

    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 50 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 40 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) Each approved course must include the following flight 
training--
    (1) For an instrument airplane course: Instrument training time from 
a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in the category and class of airplane that the course is 
approved for, and is performed under IFR;
    (ii) Is a distance of at least 250 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 100 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (2) For an instrument helicopter course: Instrument training time 
from a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in a helicopter and is performed under IFR;
    (ii) Is a distance of at least 100 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 50 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (3) For an instrument powered-lift course: Instrument training time 
from a certificated flight instructor with an instrument rating on the 
approved areas of operation in paragraph (d) of this section including 
at least one cross-country flight that--
    (i) Is in a powered-lift and is performed under IFR;
    (ii) Is a distance of at least 250 nautical miles along airways or 
ATC-directed routing with one segment of the flight consisting of at 
least a straight-line distance of 100 nautical miles between airports;
    (iii) Involves an instrument approach at each airport; and
    (iv) Involves three different kinds of approaches with the use of 
navigation systems.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph appropriate to the 
instrument aircraft category and class rating for which the course 
applies:
    (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.
    5. Stage checks and end-of-course tests. Each student enrolled in an 
instrument rating course must satisfactorily accomplish the stage checks 
and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (d) of section No. 4 of this appendix that are appropriate to 
the aircraft category and class rating for which the course applies.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]



   Sec. Appendix D to Part 141--Commercial Pilot Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a commercial pilot certification course required under this part, 
for the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the commercial pilot 
certification course:
    (a) At least a private pilot certificate; and
    (b) If the course is for a rating in an airplane or a powered-lift 
category, then the person must:
    (1) Hold an instrument rating in the aircraft that is appropriate to 
the aircraft category rating for which the course applies; or
    (2) Be concurrently enrolled in an instrument rating course that is 
appropriate to the

[[Page 550]]

aircraft category rating for which the course applies, and pass the 
required instrument rating practical test prior to completing the 
commercial pilot certification course.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft category and class rating for which the course applies:
    (1) 35 hours of training if the course is for an airplane category 
rating or a powered-lift category rating.
    (2) 65 hours of training if the course is for a lighter-than-air 
category with an airship class rating.
    (3) 30 hours of training if the course is for a rotocraft category 
rating.
    (4) 20 hours of training if the course is for a glider category 
rating.
    (5) 20 hours of training if the course is for lighter-than-air 
category with a balloon class rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Federal Aviation Regulations that apply 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) Descriptions of and procedures for operating within the 
National Airspace System; and
    (16) Procedures for flight and ground training for lighter-than-air 
ratings.
    4. Flight training. (a) Each approved course must include at least 
the following flight training, as provided in this section and section 
No. 5 of this appendix, on the approved areas of operation listed in 
paragraph (d) of this section that are appropriate to the aircraft 
category and class rating for which the course applies:
    (1) 120 hours of training if the course is for an airplane or 
powered-lift rating.
    (2) 155 hours of training if the course is for an airship rating.
    (3) 115 hours of training if the course is for a rotocraft rating.
    (4) 6 hours of training if the course is for a glider rating.
    (5) 10 hours of training and 8 training flights if the course is for 
a balloon rating.
    (b) Each approved course must include at least the following flight 
training:
    (1) For an airplane single-engine course: 55 hours of flight 
training from a certificated flight instructor on the approved areas of 
operation listed in paragraph (d)(1) of this section that includes at 
least--
    (i) 5 hours of instrument training in a single-engine airplane;
    (ii) 10 hours of training in a single-engine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, or 
is turbine-powered;
    (iii) One cross-country flight in a single-engine airplane of at 
least a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
day VFR conditions;
    (iv) One cross-country flight in a single-engine airplane of at 
least a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
night VFR conditions; and
    (v) 3 hours in a single-engine airplane in preparation for the 
practical test within 60 days preceding the date of the test.
    (2) For an airplane multiengine course: 55 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
listed in paragraph (d)(2) of this section that includes at least--
    (i) 5 hours of instrument training in a multiengine airplane;
    (ii) 10 hours of training in a multiengine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, or 
is turbine-powered;
    (iii) One cross-country flight in a multiengine airplane of at least 
a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
day VFR conditions;
    (iv) One cross-country flight in a multiengine airplane of at least 
a 2-hour duration, a total straight-line distance of more than 100 
nautical miles from the original point of departure, and occurring in 
night VFR conditions; and
    (v) 3 hours in a multiengine airplane in preparation for the 
practical test within 60 days preceding the date of the test.
    (3) For a rotorcraft helicopter course: 30 hours of flight training 
from a certificated flight

[[Page 551]]

instructor on the approved areas of operation listed in paragraph (d)(3) 
of this section that includes at least--
    (i) 5 hours of instrument training;
    (ii) One cross-country flight in a helicopter of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a helicopter of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a helicopter in preparation for the practical test 
within 60 days preceding the date of the test.
    (4) For a rotorcraft gyroplane course: 30 hours of flight training 
from a certificated flight instructor on the approved areas of operation 
listed in paragraph (d)(4) of this section that includes at least--
    (i) 5 hours of instrument training;
    (ii) One cross-country flight in a gyroplane of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a gyroplane of at least a 2-hour 
duration, a total straight-line distance of more than 50 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a gyroplane in preparation for the practical test 
within 60 days preceding the date of the test.
    (5) For a powered-lift course: 55 hours of flight training from a 
certificated flight instructor on the approved areas of operation listed 
in paragraph (d)(5) of this section that includes at least--
    (i) 5 hours of instrument training in a powered-lift;
    (ii) One cross-country flight in a powered-lift of at least a 2-hour 
duration, a total straight-line distance of more than 100 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions;
    (iii) One cross-country flight in a powered-lift of at least a 2-
hour duration, a total straight-line distance of more than 100 nautical 
miles from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in a powered-lift in preparation for the practical test 
within 60 days preceding the date of the test.
    (6) For a glider course: 4 hours of flight training from a 
certificated flight instructor on the approved areas of operation in 
paragraph (d)(6) of this section, that includes at least--
    (i) Five training flights in a glider with a certificated flight 
instructor on the launch/tow procedures approved for the course and on 
the appropriate approved areas of operation listed in paragraph (d)(6) 
of this section; and
    (ii) Three training flights in a glider with a certificated flight 
instructor in preparation for the practical test within 60 days 
preceding the date of the test.
    (7) For a lighter-than-air airship course: 55 hours of flight 
training in airships from a commercial pilot with an airship rating on 
the approved areas of operation in paragraph (d)(7) of this section that 
includes at least--
    (i) 3 hours of instrument training in an airship;
    (ii) One cross-country flight in an airship of at least a 1-hour 
duration, a total straight-line distance of more than 25 nautical miles 
from the original point of departure, and occurring in day VFR 
conditions; and
    (iii) One cross-country flight in an airship of at least a 1-hour 
duration, a total straight-line distance of more than 25 nautical miles 
from the original point of departure, and occurring in night VFR 
conditions; and
    (iv) 3 hours in an airship, in preparation for the practical test 
within 60 days preceding the date of the test.
    (8) For a lighter-than-air balloon course: Flight training from a 
commercial pilot with a balloon rating on the approved areas of 
operation in paragraph (d)(8) of this section that includes at least--
    (i) If the course involves training in a gas balloon:
    (A) Two flights of 1 hour each;
    (B) One flight involving a controlled ascent to at least 5,000 feet 
above the launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (ii) If the course involves training in a balloon with an airborne 
heater:
    (A) Two flights of 30 minutes each;
    (B) One flight involving a controlled ascent to at least 3,000 feet 
above the launch site; and
    (C) Two flights in preparation for the practical test within 60 days 
preceding the date of the test.
    (c) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and is 
given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 30 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.

[[Page 552]]

    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 20 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight training devices described in paragraphs 
(c)(2) and (c)(3) of this section, if used in combination, may be 
credited for a maximum of 30 percent of the total flight training hour 
requirements of the approved course, or of this section, whichever is 
less. However, credit for training in a flight training device that 
meets the requirements of Sec. 141.41(b) cannot exceed the limitation 
provided for in paragraph (c)(3) of this section.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating--
    (1) For an airplane single-engine course: (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) High-altitude operations; and
    (x) Postflight procedures.
    (2) For an airplane multiengine course: (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 helicopter course: (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.
    (4) For a rotorcraft gyroplane course: (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 course: (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) Slow flight and stalls;
    (ix) Emergency operations;
    (x) High altitude operations;
    (xi) Special operations; and
    (xii) Postflight procedures.
    (6) For a glider course: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches/tows, as appropriate, 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 airship course: (i) Fundamentals of 
instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lessons 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 balloon course: (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.
    5. Solo training. Each approved course must include at least the 
following solo flight training:
    (a) For an airplane single-engine course: 10 hours of solo flight 
training in a single-engine airplane on the approved areas of operation 
in paragraph (d)(1) of section No. 4 of this appendix that includes at 
least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
of the segments consisting of a straight-line distance of at least 150 
nautical miles;

[[Page 553]]

    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 250 nautical miles; and
    (3) 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.
    (b) For an airplane multiengine course: 10 hours of flight training 
in a multiengine airplane performing the duties of pilot in command 
while under the supervision of a certificated flight instructor. The 
training must consist of the approved areas of operation in paragraph 
(d)(2) of section No. 4 of this appendix, and include at least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
of the segments consisting of a straight-line distance of at least 150 
nautical miles;
    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points 
and one segment of the flight consisting of straight-line distance of at 
least 250 nautical miles; and
    (3) 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 rotorcraft helicopter course: 10 hours of solo flight 
training in a helicopter on the approved areas of operation in paragraph 
(d)(3) of section No. 4 of this appendix that includes at least--
    (1) One cross-country flight with 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 from the original point of 
departure; and
    (2) 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.
    (d) For a rotorcraft-gyroplane course: 10 hours of solo flight 
training in a gyroplane on the approved areas of operation in paragraph 
(d)(4) of section No. 4 of this appendix that includes at least--
    (1) One cross-country flight with 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 from the original point of 
departure; and
    (2) 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.
    (e) For a powered-lift course: 10 hours of solo flight training in a 
powered-lift on the approved areas of operation in paragraph (d)(5) of 
section No. 4 of this appendix that includes at least--
    (1) One cross-country flight, if the training is being performed in 
the State of Hawaii, with landings at a minimum of three points, and one 
segment of the flight consisting of a straight-line distance of at least 
150 nautical miles;
    (2) One cross-country flight, if the training is being performed in 
a State other than Hawaii, with landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 250 nautical miles; and
    (3) 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.
    (f) For a glider course: 5 solo flights in a glider on the approved 
areas of operation in paragraph (d)(6) of section No. 4 of this 
appendix.
    (g) For a lighter-than-air airship course: 10 hours of flight 
training in an airship performing the duties of pilot in command while 
under the supervision of a commercial pilot with an airship rating. The 
training must consist of the approved areas of operation in paragraph 
(d)(7) of section No. 4 of this appendix and include at least--
    (1) One cross-country flight with landings at a minimum of three 
points, and one segment of the flight consisting of a straight-line 
distance of at least 25 nautical miles from the original point of 
departure; and
    (2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 
(with each landing involving a flight with a traffic pattern).
    (h) For a lighter-than-air balloon course: Two solo flights if the 
course is for a hot air balloon rating, or, if the course is for a gas 
balloon rating, at least two flights in a gas balloon, while performing 
the duties of pilot in command under the supervision of a commercial 
pilot with a balloon rating. The training shall consist of the approved 
areas of operation in paragraph (d)(8) of section No. 4 of this 
appendix, in the kind of balloon for which the course applies.
    6. Stage checks and end-of-course tests. (a) Each student enrolled 
in a commercial pilot course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation listed in 
paragraph (d) of section No. 4 of this appendix that are appropriate to 
aircraft category and class rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997; as amended by Amdt. 141-10, 63 FR 20290, Apr. 23, 1998]

[[Page 554]]



   Sec. Appendix E to Part 141--Airline Transport Pilot Certification 
                                 Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an airline transport pilot certification course under this part, for 
the following ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Powered-lift.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of the airline transport pilot certification course, a person 
must:
    (a) Meet the aeronautical experience requirements prescribed in 
subpart G of part 61 of this chapter for an airline transport pilot 
certificate that is appropriate to the aircraft category and class 
rating for which the course applies;
    (b) Hold at least a commercial pilot certificate and an instrument 
rating;
    (c) Meet the military experience requirements under Sec. 61.73 of 
this chapter 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
    (d) Hold either a foreign airline transport pilot license or foreign 
commercial pilot license and an instrument rating, if the person holds a 
pilot license issued by a contracting State to the Convention on 
International Civil Aviation.
    3. Aeronautical knowledge areas. (a) Each approved course must 
include at least 40 hours of ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft category and class rating for which the course applies.
    (b) Ground training must include 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 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 the effects 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.
    4. Flight training. (a) Each approved course must include at least 
25 hours of flight training on the approved areas of operation listed in 
paragraph (c) of this section appropriate to the aircraft category and 
class rating for which the course applies. At least 15 hours of this 
flight training must be instrument flight training.
    (b) For the use of flight simulators or flight training devices--
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 50 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 25 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) Each approved course must include flight training on the 
approved areas of operation listed in this paragraph appropriate to the 
aircraft category and class rating for which the course applies:
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Takeoff and departure phase;
    (4) In-flight maneuvers;
    (5) Instrument procedures;

[[Page 555]]

    (6) Landings and approaches to landings;
    (7) Normal and abnormal procedures;
    (8) Emergency procedures; and
    (9) Postflight procedures.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an airline transport pilot course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the aircraft category and class rating for which the 
course applies.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]



   Sec. Appendix F to Part 141--Flight Instructor Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a flight instructor certification course and an additional flight 
instructor rating course required under this part, for the following 
ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider category.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the flight instructor or 
additional flight instructor rating course:
    (a) A commercial pilot certificate or an airline transport pilot 
certificate, with an aircraft category and class rating appropriate to 
the flight instructor rating for which the course applies; and
    (b) An instrument rating or privilege in an aircraft that is 
appropriate to the aircraft category and class rating for which the 
course applies, if the course is for a flight instructor airplane or 
powered-lift instrument rating.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training in the aeronautical 
knowledge areas listed in paragraph (b) of this section:
    (1) 40 hours of training if the course is for an initial issuance of 
a flight instructor certificate; or
    (2) 20 hours of training if the course is for an additional flight 
instructor rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) 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 in which training is required 
for--
    (i) A recreational, private, and commercial pilot certificate that 
is appropriate to the aircraft category and class rating for which the 
course applies; and
    (ii) An instrument rating that is appropriate to the aircraft 
category and class rating for which the course applies, if the course is 
for an airplane or powered-lift aircraft rating.
    (c) A student who satisfactorily completes 2 years of study on the 
principles of education at a college or university may be credited with 
no more than 20 hours of the training required in paragraph (a)(1) of 
this section.
    4. Flight training. (a) Each approved course must include at least 
the following flight training on the approved areas of operation of 
paragraph (c) of this section appropriate to the flight instructor 
rating for which the course applies:
    (1) 25 hours, if the course is for an airplane, rotorcraft, or 
powered-lift rating; and
    (2) 10 hours, which must include 10 flights, if the course is for a 
glider category rating.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.

[[Page 556]]

    (c) Each approved course must include flight training on the 
approved areas of operation listed in this paragraph that are 
appropriate to the aircraft category and class rating for which the 
course applies--
    (1) For an airplane--single-engine course: (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--multiengine course: (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--helicopter course: (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--gyroplane course: (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 course: (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) 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 course: (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) Tows or launches, landings, and go-arounds, if applicable;
    (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.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in a flight instructor course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the appropriate approved areas of 
operation listed in paragraph (c) of section No. 4 of this appendix 
appropriate to the flight instructor rating for which the course 
applies.
    (b) In the case of a student who is enrolled in a flight instructor-
airplane rating or flight instructor-glider rating course, that student 
must have:
    (1) Received a logbook endorsement from a certificated flight 
instructor certifying the student received ground and flight training on 
stall awareness, spin entry, spins, and spin recovery procedures in an 
aircraft that is certificated for spins and is appropriate to the rating 
sought; and
    (2) Demonstrated instructional proficiency in stall awareness, spin 
entry, spins, and spin recovery procedures.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

[[Page 557]]



   Sec. Appendix G to Part 141--Flight Instructor Instrument (For an 

 Airplane, Helicopter, or Powered-Lift Instrument Instructor Rating, as 

                    Appropriate) Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a flight instructor instrument certification course required under 
this part, for the following ratings:
    (a) Flight Instructor Instrument--Airplane.
    (b) Flight Instructor Instrument--Helicopter.
    (c) Flight Instructor Instrument--Powered-lift aircraft.
    2. Eligibility for enrollment. A person must hold the following 
prior to enrolling in the flight portion of the flight instructor 
instrument course:
    (a) A commercial pilot certificate or airline transport pilot 
certificate with an aircraft category and class rating appropriate to 
the flight instructor category and class rating for which the course 
applies; and
    (b) An instrument rating or privilege on that flight instructor 
applicant's pilot certificate that is appropriate to the flight 
instructor instrument rating (for an airplane-, helicopter-, or powered-
lift-instrument rating, as appropriate) for which the course applies.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least 15 hours of ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the flight instructor instrument rating (for an airplane-, helicopter-, 
or powered-lift-instrument rating, as appropriate) for which the course 
applies:
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) 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 in which training is required 
for an instrument rating that is appropriate to the aircraft category 
and class rating for the course which applies.
    4. Flight training. (a) Each approved course must include at least 
15 hours of flight training in the approved areas of operation of 
paragraph (c) of this section appropriate to the flight instructor 
rating for which the course applies.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved for, meets requirements of this paragraph, and 
the training is given by an instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of Sec. 141.41(b) cannot 
exceed the limitation provided for in paragraph (b)(3) of this section.
    (c) An approved course for the flight instructor-instrument rating 
must include flight training on the following approved areas of 
operation that are appropriate to the instrument-aircraft category and 
class rating for which the course applies:
    (1) Fundamentals of instructing;
    (2) Technical subject areas;
    (3) Preflight preparation;
    (4) Preflight lesson on a maneuver to be performed in flight;
    (5) Air traffic control clearances and procedures;
    (6) Flight by reference to instruments;
    (7) Navigation systems;
    (8) Instrument approach procedures;
    (9) Emergency operations; and
    (10) Postflight procedures.
    5. Stage checks and end-of-course tests. Each student enrolled in a 
flight instructor instrument course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
listed in paragraph (c) of section No. 4 of this appendix that are 
appropriate to the flight instructor instrument rating (for an airplane-
, helicopter-, or powered-lift-instrument rating, as appropriate) for 
which the course applies.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]

[[Page 558]]



   Sec. Appendix H to Part 141--Ground Instructor Certification Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a ground instructor certification course and an additional ground 
instructor rating course, required under this part, for the following 
ratings:
    (a) Ground Instructor--Basic.
    (b) Ground Instructor--Advanced.
    (c) Ground Instructor--Instrument.
    2. Aeronautical knowledge training. (a) Each approved course must 
include at least the following ground training on the knowledge areas 
listed in paragraphs (b), (c), (d), and (e) of this section, appropriate 
to the ground instructor rating for which the course applies:
    (1) 20 hours of training if the course is for an initial issuance of 
a ground instructor certificate; or
    (2) 10 hours of training if the course is for an additional ground 
instructor rating.
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Learning process;
    (2) Elements of effective teaching;
    (3) Student evaluation and testing;
    (4) Course development;
    (5) Lesson planning; and
    (6) Classroom training techniques.
    (c) Ground training for a basic ground instructor certificate must 
include the aeronautical knowledge areas applicable to a recreational 
and private pilot.
    (d) Ground training for an advanced ground instructor rating must 
include the aeronautical knowledge areas applicable to a recreational, 
private, commercial, and airline transport pilot.
    (e) Ground training for an instrument ground instructor rating must 
include the aeronautical knowledge areas applicable to an instrument 
rating.
    (f) A student who satisfactorily completed 2 years of study on the 
principles of education at a college or university may be credited with 
10 hours of the training required in paragraph (a)(1) of this section.
    3. Stage checks and end-of-course tests. Each student enrolled in a 
ground instructor course must satisfactorily accomplish the stage checks 
and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved knowledge areas in paragraph 
(b), (c), (d), and (e) of section No. 2 of this appendix appropriate to 
the ground instructor rating for which the course applies.



   Sec. Appendix I to Part 141--Additional Aircraft Category or Class 
                              Rating Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for an additional aircraft category rating course or an additional 
aircraft class rating course required under this part, for the following 
ratings:
    (a) Airplane single-engine.
    (b) Airplane multiengine.
    (c) Rotorcraft helicopter.
    (d) Rotorcraft gyroplane.
    (e) Powered-lift.
    (f) Glider.
    (g) Lighter-than-air airship.
    (h) Lighter-than-air balloon.
    2. Eligibility for enrollment. A person must hold the level of pilot 
certificate for the additional aircraft category and class rating for 
which the course applies prior to enrolling in the flight portion of an 
additional aircraft category or additional aircraft class rating course.
    3. Aeronautical knowledge training. Each approved course for an 
additional aircraft category rating and additional aircraft class rating 
must include ground training time requirements and ground training on 
the aeronautical knowledge areas that are specific to that aircraft 
category and class rating and pilot certificate level for which the 
course applies as required in appendix A, B, D, or E of this part, as 
appropriate.
    4. Flight training. (a) Each approved course for an additional 
aircraft category rating or additional aircraft class rating must 
include the flight training time requirements and flight training on the 
areas of operation that are specific to that aircraft category and class 
rating and pilot certificate level for which the course applies as 
required in appendix A, B, D, or E of this part, as appropriate.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets the requirements of this paragraph, and 
the training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part may be credited for a maximum of 30 percent 
of the total flight training hour requirements of the approved course, 
or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part may be credited for a maximum of 20 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 30 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit for training in a flight 
training device that meets the requirements of

[[Page 559]]

Sec. 141.41(b) cannot exceed the limitation provided for in paragraph 
(c)(3) of this section.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an additional aircraft category rating course or an additional 
aircraft class rating course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation in 
section No. 4 of this appendix that are appropriate to the aircraft 
category and class rating for which the course applies at the 
appropriate pilot certificate level.
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40909, 
July 30, 1997]



Sec. Appendix J to Part 141--Aircraft Type Rating Course, For Other Than 
                 an Airline Transport Pilot Certificate

    1. Applicability. This appendix prescribes the minimum curriculum 
for an aircraft type rating course other than an airline transport pilot 
certificate, for:
    (a) A type rating in an airplane category--single-engine class.
    (b) A type rating in an airplane category--multiengine class.
    (c) A type rating in a rotorcraft category--helicopter class.
    (d) A type rating in a powered-lift category.
    (e) Other aircraft type ratings specified by the Administrator 
through the aircraft type certificate procedures.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of an aircraft type rating course, a person must hold at least a 
private pilot certificate and:
    (a) An instrument rating in the category and class of aircraft that 
is appropriate to the aircraft type rating for which the course applies, 
provided the aircraft's type certificate does not have a VFR limitation; 
or
    (b) Be concurrently enrolled in an instrument rating course in the 
category and class of aircraft that is appropriate to the aircraft type 
rating for which the course applies, and pass the required instrument 
rating practical test concurrently with the aircraft type rating 
practical test.
    3. Aeronautical knowledge training. (a) Each approved course must 
include at least 10 hours of ground training on the aeronautical 
knowledge areas listed in paragraph (b) of this section, appropriate to 
the aircraft type rating for which the course applies.
    (b) Ground training must include the following aeronautical areas:
    (1) Proper control of airspeed, configuration, direction, altitude, 
and attitude in accordance with procedures and limitations contained in 
the aircraft's flight manual, checklists, or other approved material 
appropriate to the aircraft type;
    (2) Compliance with approved en route, instrument approach, missed 
approach, ATC, or other applicable procedures that apply to the aircraft 
type;
    (3) Subjects requiring a practical knowledge of the aircraft type 
and its powerplant, systems, components, operational, and performance 
factors;
    (4) The aircraft's normal, abnormal, and emergency procedures, and 
the operations and limitations relating thereto;
    (5) Appropriate provisions of the approved aircraft's flight manual;
    (6) Location of and purpose for inspecting each item on the 
aircraft's checklist that relates to the exterior and interior 
preflight; and
    (7) Use of the aircraft's prestart checklist, appropriate control 
system checks, starting procedures, radio and electronic equipment 
checks, and the selection of proper navigation and communication radio 
facilities and frequencies.
    4. Flight training. (a) Each approved course must include at least:
    (1) Flight training on the approved areas of operation of paragraph 
(c) of this section in the aircraft type for which the course applies; 
and
    (2) 10 hours of training of which at least 5 hours must be 
instrument training in the aircraft for which the course applies.
    (b) For the use of flight simulators or flight training devices:
    (1) The course may include training in a flight simulator or flight 
training device, provided it is representative of the aircraft for which 
the course is approved, meets requirements of this paragraph, and the 
training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 50 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (3) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 25 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (4) Training in the flight simulators or flight training devices 
described in paragraphs (b)(2) and (b)(3) of this section, if used in 
combination, may be credited for a maximum of 50 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less. However, credit training in a flight 
training device that meets the requirements of

[[Page 560]]

Sec. 141.41(b) cannot exceed the limitation provided for in paragraph 
(b)(3) of this section.
    (c) Each approved course must include the flight training on the 
areas of operation listed in this paragraph, that are appropriate to the 
aircraft category and class rating for which the course applies:
    (1) A type rating for an airplane--single-engine course: (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) A type rating for an airplane--multiengine course: (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) A type rating for a powered-lift course: (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) A type rating for a rotorcraft--helicopter course: (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.
    (5) Other aircraft type ratings specified by the Administrator 
through aircraft type certificate procedures: (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.
    5. Stage checks and end-of-course tests. (a) Each student enrolled 
in an aircraft type rating course must satisfactorily accomplish the 
stage checks and end-of-course tests, in accordance with the school's 
approved training course, consisting of the approved areas of operation 
that are appropriate to the aircraft type rating for which the course 
applies at the airline transport pilot certificate level; and
    (b) Each student must demonstrate satisfactory proficiency prior to 
receiving an endorsement to operate an aircraft in solo flight.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40910, 
July 30, 1997]



        Sec. Appendix K to Part 141--Special Preparation Courses

    1. Applicability. This appendix prescribes the minimum curriculum 
for the special preparation courses that are listed in Sec. 141.11 of 
this part.
    2. Eligibility for enrollment. Prior to enrolling in the flight 
portion of a special preparation course, a person must hold a pilot 
certificate, flight instructor certificate, or ground instructor 
certificate that is appropriate for the exercise of the operating 
privileges or authorizations sought.
    3. General requirements. (a) To be approved, a special preparation 
course must:
    (1) Meet the appropriate requirements of this appendix; and
    (2) Prepare the graduate with the necessary skills, competency, and 
proficiency to exercise safely the privileges of the certificate, 
rating, or authorization for which the course is established.
    (b) An approved special preparation course must include ground and 
flight training on the operating privileges or authorization sought, for 
developing competency, proficiency, resourcefulness, self-confidence, 
and self-reliance in the student.
    4. Use of flight simulators or flight training devices. (a) The 
approved special preparation course may include training in a flight 
simulator or flight training device, provided it is representative of 
the aircraft for which the course is approved, meets requirements of 
this paragraph, and the training is given by an authorized instructor.
    (b) Training in a flight simulator that meets the requirements of 
Sec. 141.41(a) of this part, may be credited for a maximum of 10 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (c) Training in a flight training device that meets the requirements 
of Sec. 141.41(b) of this part, may be credited for a maximum of 5 
percent of the total flight training hour requirements of the approved 
course, or of this section, whichever is less.
    (d) Training in the flight simulators or flight training devices 
described in paragraphs (b) and (c) of this section, if used in 
combination, may be credited for a maximum of 10 percent of the total 
flight training hour requirements of the approved course, or of this 
section, whichever is less.

[[Page 561]]

However, credit for training in a flight training device that meets the 
requirements of Sec. 141.41(b) cannot exceed the limitation provided 
for in paragraph (c) of this section.
    5. Stage check and end-of-course tests. Each person enrolled in a 
special preparation course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation that are 
appropriate to the operating privileges or authorization sought, and for 
which the course applies.
    6. Agricultural aircraft operations course. An approved special 
preparation course for pilots in agricultural aircraft operations must 
include at least the following--
    (a) 25 hours of training on:
    (1) Agricultural aircraft operations;
    (2) Safe piloting and operating practices and procedures for 
handling, dispensing, and disposing agricultural and industrial 
chemicals, including operating in and around congested areas; and
    (3) Applicable provisions of part 137 of this chapter.
    (b) 15 hours of flight training on agricultural aircraft operations.
    7. Rotorcraft external-load operations course. An approved special 
preparation course for pilots of external-load operations must include 
at least the following--
    (a) 10 hours of training on:
    (1) Rotorcraft external-load operations;
    (2) Safe piloting and operating practices and procedures for 
external-load operations, including operating in and around congested 
areas; and
    (3) Applicable provisions of part 133 of this chapter.
    (b) 15 hours of flight training on external-load operations.
    8. Test pilot course. An approved special preparation course for 
pilots in test pilot duties must include at least the following--
    (a) Aeronautical knowledge training on:
    (1) Performing aircraft maintenance, quality assurance, and 
certification test flight operations;
    (2) Safe piloting and operating practices and procedures for 
performing aircraft maintenance, quality assurance, and certification 
test flight operations;
    (3) Applicable parts of this chapter that pertain to aircraft 
maintenance, quality assurance, and certification tests; and
    (4) Test pilot duties and responsibilities.
    (b) 15 hours of flight training on test pilot duties and 
responsibilities.
    9. Special operations course. An approved special preparation course 
for pilots in special operations that are mission-specific for certain 
aircraft must include at least the following--
    (a) Aeronautical knowledge training on:
    (1) Performing that special flight operation;
    (2) Safe piloting operating practices and procedures for performing 
that special flight operation;
    (3) Applicable parts of this chapter that pertain to that special 
flight operation; and
    (4) Pilot in command duties and responsibilities for performing that 
special flight operation.
    (b) Flight training:
    (1) On that special flight operation; and
    (2) To develop skills, competency, proficiency, resourcefulness, 
self-confidence, and self-reliance in the student for performing that 
special flight operation in a safe manner.
    10. Pilot refresher course. An approved special preparation pilot 
refresher course for a pilot certificate, aircraft category and class 
rating, or an instrument rating must include at least the following--
    (a) 4 hours of aeronautical knowledge training on:
    (1) The aeronautical knowledge areas that are applicable to the 
level of pilot certificate, aircraft category and class rating, or 
instrument rating, as appropriate, that pertain to that course;
    (2) Safe piloting operating practices and procedures; and
    (3) Applicable provisions of parts 61 and 91 of this chapter for 
pilots.
    (b) 6 hours of flight training on the approved areas of operation 
that are applicable to the level of pilot certificate, aircraft category 
and class rating, or instrument rating, as appropriate, for performing 
pilot-in-command duties and responsibilities.
    11. Flight instructor refresher course. An approved special 
preparation flight instructor refresher course must include at least a 
combined total of 16 hours of aeronautical knowledge training, flight 
training, or any combination of ground and flight training on the 
following--
    (a) Aeronautical knowledge training on:
    (1) The aeronautical knowledge areas of part 61 of this chapter that 
apply to student, recreational, private, and commercial pilot 
certificates and instrument ratings;
    (2) The aeronautical knowledge areas of part 61 of this chapter that 
apply to flight instructor certificates;
    (3) Safe piloting operating practices and procedures, including 
airport operations and operating in the National Airspace System; and
    (4) Applicable provisions of parts 61 and 91 of this chapter that 
apply to pilots and flight instructors.
    (b) Flight training to review:
    (1) The approved areas of operations applicable to student, 
recreational, private, and commercial pilot certificates and instrument 
ratings; and
    (2) The skills, competency, and proficiency for performing flight 
instructor duties and responsibilities.

[[Page 562]]

    12. Ground instructor refresher course. An approved special 
preparation ground instructor refresher course must include at least 16 
hours of aeronautical knowledge training on:
    (a) The aeronautical knowledge areas of part 61 of this chapter that 
apply to student, recreational, private, and commercial pilots and 
instrument rated pilots;
    (b) The aeronautical knowledge areas of part 61 of this chapter that 
apply to ground instructors;
    (c) Safe piloting operating practices and procedures, including 
airport operations and operating in the National Airspace System; and
    (d) Applicable provisions of parts 61 and 91 of this chapter that 
apply to pilots and ground instructors.

[Doc. No. 25910, 62 FR 16347, Apr. 4, 1997; Amdt. 141-9, 62 FR 40910, 
July 30, 1997]



         Sec. Appendix L to Part 141--Pilot Ground School Course

    1. Applicability. This appendix prescribes the minimum curriculum 
for a pilot ground school course required under this part.
    2. General requirements. An approved course of training for a pilot 
ground school must include training on the aeronautical knowledge areas 
that are:
    (a) Needed to safely exercise the privileges of the certificate, 
rating, or authority for which the course is established; and
    (b) Conducted to develop competency, proficiency, resourcefulness, 
self-confidence, and self-reliance in each student.
    3. Aeronautical knowledge training requirements. Each approved pilot 
ground school course must include:
    (a) The aeronautical knowledge training that is appropriate to the 
aircraft rating and pilot certificate level for which the course 
applies; and
    (b) An adequate number of total aeronautical knowledge training 
hours appropriate to the aircraft rating and pilot certificate level for 
which the course applies.
    4. Stage checks and end-of-course tests. Each person enrolled in a 
pilot ground school course must satisfactorily accomplish the stage 
checks and end-of-course tests, in accordance with the school's approved 
training course, consisting of the approved areas of operation that are 
appropriate to the operating privileges or authorization that graduation 
from the course will permit and for which the course applies.



PART 142_TRAINING CENTERS--Table of Contents




Special Federal Aviation Regulation No. 93 [Note]

                            Subpart A_General

Sec.
142.1 Applicability.
142.3 Definitions.
142.5 Certificate and training specifications required.
142.7 Duration of a certificate.
142.9 Deviations or waivers.
142.11 Application for issuance or amendment.
142.13 Management and personnel requirements.
142.15 Facilities.
142.17 Satellite training centers.
142.21-142.25 [Reserved]
142.27 Display of certificate.
142.29 Inspections.
142.31 Advertising limitations.
142.33 Training agreements.

         Subpart B_Aircrew Curriculum and Syllabus Requirements

142.35 Applicability.
142.37 Approval of flight aircrew training program.
142.39 Training program curriculum requirements.

     Subpart C_Personnel and Flight Training Equipment Requirements

142.45 Applicability.
142.47 Training center instructor eligibility requirements.
142.49 Training center instructor and evaluator privileges and 
          limitations.
142.51 [Reserved]
142.53 Training center instructor training and testing requirements.
142.55 Training center evaluator requirements.
142.57 Aircraft requirements.
142.59 Flight simulators and flight training devices.

                        Subpart D_Operating Rules

142.61 Applicability.
142.63 Privileges.
142.65 Limitations.

                         Subpart E_Recordkeeping

142.71 Applicability.
142.73 Recordkeeping requirements.

                    Subpart F_Other Approved Courses

142.81 Conduct of other approved courses.

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

    Source: Docket No. 26933, 61 FR 34562, July 2, 1996, unless 
otherwise noted.

[[Page 563]]



             Sec. Special Federal Aviation Regulation No. 93

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



                            Subpart A_General



Sec. 142.1  Applicability.

    (a) This subpart prescribes the requirements governing the 
certification and operation of aviation training centers. Except as 
provided in paragraph (b) of this section, this part provides an 
alternative means to accomplish training required by parts 61, 63, 91, 
121, 125, 127, 135, or 137 of this chapter.
    (b) Certification under this part is not required for training that 
is--
    (1) Approved under the provisions of parts 63, 91, 121, 127, 135, or 
137 of this chapter;
    (2) Approved under SFAR 58, Advanced Qualification Programs, for the 
authorization holder's own employees;
    (3) Conducted under part 61 unless that part requires certification 
under this part;
    (4) Conducted by a part 121 certificate holder for another part 121 
certificate holder;
    (5) Conducted by a part 135 certificate holder for another part 135 
certificate holder; or
    (6) Conducted by a part 91 fractional ownership program manager for 
another part 91 fractional ownership program manager.
    (c) Except as provided in paragraph (b) of this section, after 
August 3, 1998, no person may conduct training, testing, or checking in 
advanced flight training devices or flight simulators without, or in 
violation of, the certificate and training specifications required by 
this part.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-4, 
66 FR 21067, Apr. 27, 2001; Amdt. 142-5, 68 FR 54588, Sept. 17, 2003]



Sec. 142.3  Definitions.

    As used in this part:
    Advanced Flight Training Device as used in this part, means a flight 
training device as defined in part 61 of this chapter that has a cockpit 
that accurately replicates a specific make, model, and type aircraft 
cockpit, and handling characteristics that accurately model the aircraft 
handling characteristics.
    Core Curriculum means a set of courses approved by the 
Administrator, for use by a training center and its satellite training 
centers. The core curriculum consists of training which is required for 
certification. It does not include training for tasks and circumstances 
unique to a particular user.
    Course means--
    (1) A program of instruction to obtain pilot certification, 
qualification, authorization, or currency;
    (2) A program of instruction to meet a specified number of 
requirements of a program for pilot training, certification, 
qualification, authorization, or currency; or
    (3) A curriculum, or curriculum segment, as defined in SFAR 58 of 
part 121 of this chapter.
    Courseware means instructional material developed for each course or 
curriculum, including lesson plans, flight event descriptions, computer 
software programs, audiovisual programs, workbooks, and handouts.
    Evaluator means a person employed by a training center certificate 
holder who performs tests for certification, added ratings, 
authorizations, and proficiency checks that are authorized by the 
certificate holder's training specification, and who is authorized by 
the Administrator to administer such checks and tests.
    Flight training equipment means flight simulators, as defined in 
Sec. 61.1(b)(5) of this chapter, flight training devices, as defined in 
Sec. 61.1(b)(7) of this chapter, and aircraft.
    Instructor means a person employed by a training center and 
designated to provide instruction in accordance with subpart C of this 
part.
    Line-Operational Simulation means simulation conducted using 
operational-oriented flight scenarios that accurately replicate 
interaction among flightcrew members and between flightcrew members and 
dispatch facilities, other crewmembers, air traffic control, and ground 
operations. Line operational simulation simulations are conducted for 
training and evaluation purposes and include random, abnormal, and 
emergency occurrences. Line

[[Page 564]]

operational simulation specifically includes line-oriented flight 
training, special purpose operational training, and line operational 
evaluation.
    Specialty Curriculum means a set of courses that is designed to 
satisfy a requirement of the Federal Aviation Regulations and that is 
approved by the Administrator for use by a particular training center or 
satellite training center. The specialty curriculum includes training 
requirements unique to one or more training center clients.
    Training center means an organization governed by the applicable 
requirements of this part that provides training, testing, and checking 
under contract or other arrangement to airmen subject to the 
requirements of this chapter.
    Training program consists of courses, courseware, facilities, flight 
training equipment, and personnel necessary to accomplish a specific 
training objective. It may include a core curriculum and a specialty 
curriculum.
    Training specifications means a document issued to a training center 
certificate holder by the Administrator that prescribes that center's 
training, checking, and testing authorizations and limitations, and 
specifies training program requirements.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.5  Certificate and training specifications required.

    (a) No person may operate a certificated training center without, or 
in violation of, a training center certificate and training 
specifications issued under this part.
    (b) An applicant will be issued a training center certificate and 
training specifications with appropriate limitations if the applicant 
shows that it has adequate facilities, equipment, personnel, and 
courseware required by Sec. 142.11 to conduct training approved under 
Sec. 142.37.



Sec. 142.7  Duration of a certificate.

    (a) Except as provided in paragraph (b) of this section, a training 
center certificate issued under this part is effective until the 
certificate is surrendered or until the Administrator suspends, revokes, 
or terminates it.
    (b) Unless sooner surrendered, suspended, or revoked, a certificate 
issued under this part for a training center located outside the United 
States expires at the end of the twelfth month after the month in which 
it is issued or renewed.
    (c) If the Administrator suspends, revokes, or terminates a training 
center certificate, the holder of that certificate shall return the 
certificate to the Administrator within 5 working days after being 
notified that the certificate is suspended, revoked, or terminated.



Sec. 142.9  Deviations or waivers.

    (a) The Administrator may issue deviations or waivers from any of 
the requirements of this part.
    (b) A training center applicant requesting a deviation or waiver 
under this section must provide the Administrator with information 
acceptable to the Administrator that shows--
    (1) Justification for the deviation or waiver; and
    (2) That the deviation or waiver will not adversely affect the 
quality of instruction or evaluation.



Sec. 142.11  Application for issuance or amendment.

    (a) An application for a training center certificate and training 
specifications shall--
    (1) Be made on a form and in a manner prescribed by the 
Administrator;
    (2) Be filed with the FAA Flight Standards District Office that has 
jurisdiction over the area in which the applicant's principal business 
office is located; and
    (3) Be made at least 120 calendar days before the beginning of any 
proposed training or 60 calendar days before effecting an amendment to 
any approved training, unless a shorter filing period is approved by the 
Administrator.
    (b) Each application for a training center certificate and training 
specification shall provide--
    (1) A statement showing that the minimum qualification requirements 
for each management position are met or exceeded;

[[Page 565]]

    (2) A statement acknowledging that the applicant shall notify the 
Administrator within 10 working days of any change made in the 
assignment of persons in the required management positions;
    (3) The proposed training authorizations and training specifications 
requested by the applicant;
    (4) The proposed evaluation authorization;
    (5) A description of the flight training equipment that the 
applicant proposes to use;
    (6) A description of the applicant's training facilities, equipment, 
qualifications of personnel to be used, and proposed evaluation plans;
    (7) A training program curriculum, including syllabi, outlines, 
courseware, procedures, and documentation to support the items required 
in subpart B of this part, upon request by the Administrator;
    (8) A description of a recordkeeping system that will identify and 
document the details of training, qualification, and certification of 
students, instructors, and evaluators;
    (9) A description of quality control measures proposed; and
    (10) A method of demonstrating the applicant's qualification and 
ability to provide training for a certificate or rating in fewer than 
the minimum hours prescribed in part 61 of this chapter if the applicant 
proposes to do so.
    (c) The facilities and equipment described in paragraph (b)(6) of 
this section shall--
    (1) Be available for inspection and evaluation prior to approval; 
and
    (2) Be in place and operational at the location of the proposed 
training center prior to issuance of a certificate under this part.
    (d) An applicant who meets the requirements of this part and is 
approved by the Administrator is entitled to--
    (1) A training center certificate containing all business names 
included on the application under which the certificate holder may 
conduct operations and the address of each business office used by the 
certificate holder; and
    (2) Training specifications, issued by the Administrator to the 
certificate holder, containing--
    (i) The type of training authorized, including approved courses;
    (ii) The category, class, and type of aircraft that may be used for 
training, testing, and checking;
    (iii) For each flight simulator or flight training device, the make, 
model, and series of airplane or the set of airplanes being simulated 
and the qualification level assigned, or the make, model, and series of 
rotorcraft, or set of rotorcraft being simulated and the qualification 
level assigned;
    (iv) For each flight simulator and flight training device subject to 
qualification evaluation by the Administrator, the identification number 
assigned by the FAA;
    (v) The name and address of all satellite training centers, and the 
approved courses offered at each satellite training center;
    (vi) Authorized deviations or waivers from this part; and
    (vii) Any other items the Administrator may require or allow.
    (e) The Administrator may deny, suspend, revoke, or terminate a 
certificate under this part if the Administrator finds that the 
applicant or the certificate holder--
    (1) Held a training center certificate that was revoked, suspended, 
or terminated within the previous 5 years; or
    (2) Employs or proposes to employ a person who--
    (i) Was previously employed in a management or supervisory position 
by the holder of a training center certificate that was revoked, 
suspended, or terminated within the previous 5 years;
    (ii) Exercised control over any certificate holder whose certificate 
has been revoked, suspended, or terminated within the last 5 years; and
    (iii) Contributed materially to the revocation, suspension, or 
termination of that certificate and who will be employed in a management 
or supervisory position, or who will be in control of or have a 
substantial ownership interest in the training center.
    (3) Has provided incomplete, inaccurate, fraudulent, or false 
information for a training center certificate;
    (4) Should not be granted a certificate if the grant would not 
foster aviation safety.

[[Page 566]]

    (f) At any time, the Administrator may amend a training center 
certificate--
    (1) On the Administrator's own initiative, under section 609 of the 
Federal Aviation Act of 1958 (49 U.S.C. 1429), as amended, and part 13 
of this chapter; or
    (2) Upon timely application by the certificate holder.
    (g) The certificate holder must file an application to amend a 
training center certificate at least 60 calendar days prior to the 
applicant's proposed effective amendment date unless a different filing 
period is approved by the Administrator.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-1, 
62 FR 13791, Mar. 21, 1997]



Sec. 142.13  Management and personnel requirements.

    An applicant for a training center certificate must show that--
    (a) For each proposed curriculum, the training center has, and shall 
maintain, a sufficient number of instructors who are qualified in 
accordance with subpart C of this part to perform the duties to which 
they are assigned;
    (b) The training center has designated, and shall maintain, a 
sufficient number of approved evaluators to provide required checks and 
tests to graduation candidates within 7 calendar days of training 
completion for any curriculum leading to airman certificates or ratings, 
or both;
    (c) The training center has, and shall maintain, a sufficient number 
of management personnel who are qualified and competent to perform 
required duties; and
    (d) A management representative, and all personnel who are 
designated by the training center to conduct direct student training, 
are able to understand, read, write, and fluently speak the English 
language.



Sec. 142.15  Facilities.

    (a) An applicant for, or holder of, a training center certificate 
shall ensure that--
    (1) Each room, training booth, or other space used for instructional 
purposes is heated, lighted, and ventilated to conform to local 
building, sanitation, and health codes; and
    (2) The facilities used for instruction are not routinely subject to 
significant distractions caused by flight operations and maintenance 
operations at the airport.
    (b) An applicant for, or holder of, a training center certificate 
shall establish and maintain a principal business office that is 
physically located at the address shown on its training center 
certificate.
    (c) The records required to be maintained by this part must be 
located in facilities adequate for that purpose.
    (d) An applicant for, or holder of, a training center certificate 
must have available exclusively, for adequate periods of time and at a 
location approved by the Administrator, adequate flight training 
equipment and courseware, including at least one flight simulator or 
advanced flight training device.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-3, 
63 FR 53537, Oct. 5, 1998]



Sec. 142.17  Satellite training centers.

    (a) The holder of a training center certificate may conduct training 
in accordance with an approved training program at a satellite training 
center if--
    (1) The facilities, equipment, personnel, and course content of the 
satellite training center meet the applicable requirements of this part;
    (2) The instructors and evaluators at the satellite training center 
are under the direct supervision of management personnel of the 
principal training center;
    (3) The Administrator is notified in writing that a particular 
satellite is to begin operations at least 60 days prior to proposed 
commencement of operations at the satellite training center; and
    (4) The certificate holder's training specifications reflect the 
name and address of the satellite training center and the approved 
courses offered at the satellite training center.

[[Page 567]]

    (b) The certificate holder's training specifications shall prescribe 
the operations required and authorized at each satellite training 
center.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-3, 
63 FR 53537, Oct. 5, 1998]



Sec. Sec. 142.21-142.25  [Reserved]



Sec. 142.27  Display of certificate.

    (a) Each holder of a training center certificate must prominently 
display that certificate in a place accessible to the public in the 
principal business office of the training center.
    (b) A training center certificate and training specifications must 
be made available for inspection upon request by--
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board; or
    (3) Any Federal, State, or local law enforcement agency.



Sec. 142.29  Inspections.

    Each certificate holder must allow the Administrator to inspect 
training center facilities, equipment, and records at any reasonable 
time and in any reasonable place in order to determine compliance with 
or to determine initial or continuing eligibility under 49 U.S.C. 44701, 
44707, formerly the Federal Aviation Act of 1958, as amended, and the 
training center's certificate and training specifications.



Sec. 142.31  Advertising limitations.

    (a) A certificate holder may not conduct, and may not advertise to 
conduct, any training, testing, and checking that is not approved by the 
Administrator if that training is designed to satisfy any requirement of 
this chapter.
    (b) A certificate holder whose certificate has been surrendered, 
suspended, revoked, or terminated must--
    (1) Promptly remove all indications, including signs, wherever 
located, that the training center was certificated by the Administrator; 
and
    (2) Promptly notify all advertising agents, or advertising media, or 
both, employed by the certificate holder to cease all advertising 
indicating that the training center is certificated by the 
Administrator.



Sec. 142.33  Training agreements.

    A pilot school certificated under part 141 of this chapter may 
provide training, testing, and checking for a training center 
certificated under this part if--
    (a) There is a training, testing, and checking agreement between the 
certificated training center and the pilot school;
    (b) The training, testing, and checking provided by the certificated 
pilot school is approved and conducted in accordance with this part;
    (c) The pilot school certificated under part 141 obtains the 
Administrator's approval for a training course outline that includes the 
portion of the training, testing, and checking to be conducted under 
part 141; and
    (d) Upon completion of training, testing, and checking conducted 
under part 141, a copy of each student's training record is forwarded to 
the part 142 training center and becomes part of the student's permanent 
training record.



         Subpart B_Aircrew Curriculum and Syllabus Requirements



Sec. 142.35  Applicability.

    This subpart prescribes the curriculum and syllabus requirements for 
the issuance of a training center certificate and training 
specifications for training, testing, and checking conducted to meet the 
requirements of part 61 of this chapter.



Sec. 142.37  Approval of flight aircrew training program.

    (a) Except as provided in paragraph (b) of this section, each 
applicant for, or holder of, a training center certificate must apply to 
the Administrator for training program approval.
    (b) A curriculum approved under SFAR 58 of part 121 of this chapter 
is approved under this part without modifications.
    (c) Application for training program approval shall be made in a 
form and in a manner acceptable to the Administrator.
    (d) Each application for training program approval must indicate--

[[Page 568]]

    (1) Which courses are part of the core curriculum and which courses 
are part of the specialty curriculum;
    (2) Which requirements of part 61 of this chapter would be satisfied 
by the curriculum or curriculums; and
    (3) Which requirements of part 61 of this chapter would not be 
satisfied by the curriculum or curriculums.
    (e) If, after a certificate holder begins operations under an 
approved training program, the Administrator finds that the certificate 
holder is not meeting the provisions of its approved training program, 
the Administrator may require the certificate holder to make revisions 
to that training program.
    (f) If the Administrator requires a certificate holder to make 
revisions to an approved training program and the certificate holder 
does not make those required revisions, within 30 calendar days, the 
Administrator may suspend, revoke, or terminate the training center 
certificate under the provisions of Sec. 142.11(e).



Sec. 142.39  Training program curriculum requirements.

    Each training program curriculum submitted to the Administrator for 
approval must meet the applicable requirements of this part and must 
contain--
    (a) A syllabus for each proposed curriculum;
    (b) Minimum aircraft and flight training equipment requirements for 
each proposed curriculum;
    (c) Minimum instructor and evaluator qualifications for each 
proposed curriculum;
    (d) A curriculum for initial training and continuing training of 
each instructor or evaluator employed to instruct in a proposed 
curriculum; and
    (e) For each curriculum that provides for the issuance of a 
certificate or rating in fewer than the minimum hours prescribed by part 
61 of this chapter--
    (1) A means of demonstrating the ability to accomplish such training 
in the reduced number of hours; and
    (2) A means of tracking student performance.



     Subpart C_Personnel and Flight Training Equipment Requirements



Sec. 142.45  Applicability.

    This subpart prescribes the personnel and flight training equipment 
requirements for a certificate holder that is training to meet the 
requirements of part 61 of this chapter.



Sec. 142.47  Training center instructor eligibility requirements.

    (a) A certificate holder may not employ a person as an instructor in 
a flight training course that is subject to approval by the 
Administrator unless that person--
    (1) Is at least 18 years of age;
    (2) Is able to read, write, and speak and understand in the English 
language;
    (3) If instructing in an aircraft in flight, is qualified in 
accordance with subpart H of this chapter;
    (4) Satisfies the requirements of paragraph (c) of this section; and
    (5) Meets at least one of the following requirements--
    (i) Except as allowed by paragraph (a)(5)(ii) of this section, meets 
the aeronautical experience requirements of Sec. 61.129 (a), (b), (c), 
or (e) of this chapter, as applicable, excluding the required hours of 
instruction in preparation for the commercial pilot practical test;
    (ii) If instructing in flight simulator or flight training device 
that represents an airplane requiring a type rating or if instructing in 
a curriculum leading to the issuance of an airline transport pilot 
certificate or an added rating to an airline transport pilot 
certificate, meets the aeronautical experience requirements of Sec. 
61.159, Sec. 61.161, or Sec. 61.163 of this chapter, as applicable; or
    (iii) Is employed as a flight simulator instructor or a flight 
training device instructor for a training center providing instruction 
and testing to meet the requirements of part 61 of this chapter on 
August 1, 1996.
    (b) A training center must designate each instructor in writing to 
instruct in each approved course, prior to that person functioning as an 
instructor in that course.
    (c) Prior to initial designation, each instructor shall:

[[Page 569]]

    (1) Complete at least 8 hours of ground training on the following 
subject matter:
    (i) Instruction methods and techniques.
    (ii) Training policies and procedures.
    (iii) The fundamental principles of the learning process.
    (iv) Instructor duties, privileges, responsibilities, and 
limitations.
    (v) Proper operation of simulation controls and systems.
    (vi) Proper operation of environmental control and warning or 
caution panels.
    (vii) Limitations of simulation.
    (viii) Minimum equipment requirements for each curriculum.
    (ix) Revisions to the training courses.
    (x) Cockpit resource management and crew coordination.
    (2) Satisfactorily complete a written test--
    (i) On the subjects specified in paragraph (c)(1) of this section; 
and
    (ii) That is accepted by the Administrator as being of equivalent 
difficulty, complexity, and scope as the tests provided by the 
Administrator for the flight instructor airplane and instrument flight 
instructor knowledge tests.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.49  Training center instructor and evaluator privileges and 

limitations.

    (a) A certificate holder may allow an instructor to provide:
    (1) Instruction for each curriculum for which that instructor is 
qualified.
    (2) Testing and checking for which that instructor is qualified.
    (3) Instruction, testing, and checking intended to satisfy the 
requirements of any part of this chapter.
    (b) A training center whose instructor or evaluator is designated in 
accordance with the requirements of this subpart to conduct training, 
testing, or checking in qualified and approved flight training 
equipment, may allow its instructor or evaluator to give endorsements 
required by part 61 of this chapter if that instructor or evaluator is 
authorized by the Administrator to instruct or evaluate in a part 142 
curriculum that requires such endorsements.
    (c) A training center may not allow an instructor to--
    (1) Excluding briefings and debriefings, conduct more than 8 hours 
of instruction in any 24-consecutive-hour period;
    (2) Provide flight training equipment instruction unless that 
instructor meets the requirements of Sec. 142.53 (a)(1) through (a)(4), 
and Sec. 142.53(b), as applicable; or
    (3) Provide flight instruction in an aircraft unless that 
instructor--
    (i) Meets the requirements of Sec. 142.53(a)(1), (a)(2), and 
(a)(5);
    (ii) Is qualified and authorized in accordance with subpart H of 
part 61 of this chapter;
    (iii) Holds certificates and ratings specified by part 61 of this 
chapter appropriate to the category, class, and type aircraft in which 
instructing;
    (iv) If instructing or evaluating in an aircraft in flight while 
occupying a required crewmember seat, holds at least a valid second 
class medical certificate; and
    (v) Meets the recency of experience requirements of part 61 of this 
chapter.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-2, 
62 FR 68137, Dec. 30, 1997]



Sec. 142.51  [Reserved]



Sec. 142.53  Training center instructor training and testing requirements.

    (a) Except as provided in paragraph (c) of this section, prior to 
designation and every 12 calendar months beginning the first day of the 
month following an instructor's initial designation, a certificate 
holder must ensure that each of its instructors meets the following 
requirements:
    (1) Each instructor must satisfactorily demonstrate to an authorized 
evaluator knowledge of, and proficiency in, instructing in a 
representative segment of each curriculum for which that instructor is 
designated to instruct under this part.
    (2) Each instructor must satisfactorily complete an approved course 
of ground instruction in at least--
    (i) The fundamental principles of the learning process;

[[Page 570]]

    (ii) Elements of effective teaching, instruction methods, and 
techniques;
    (iii) Instructor duties, privileges, responsibilities, and 
limitations;
    (iv) Training policies and procedures;
    (v) Cockpit resource management and crew coordination; and
    (vi) Evaluation.
    (3) Each instructor who instructs in a qualified and approved flight 
simulator or flight training device must satisfactorily complete an 
approved course of training in the operation of the flight simulator, 
and an approved course of ground instruction, applicable to the training 
courses the instructor is designated to instruct.
    (4) The flight simulator training course required by paragraph 
(a)(3) of this section which must include--
    (i) Proper operation of flight simulator and flight training device 
controls and systems;
    (ii) Proper operation of environmental and fault panels;
    (iii) Limitations of simulation; and
    (iv) Minimum equipment requirements for each curriculum.
    (5) Each flight instructor who provides training in an aircraft must 
satisfactorily complete an approved course of ground instruction and 
flight training in an aircraft, flight simulator, or flight training 
device.
    (6) The approved course of ground instruction and flight training 
required by paragraph (a)(5) of this section which must include 
instruction in--
    (i) Performance and analysis of flight training procedures and 
maneuvers applicable to the training courses that the instructor is 
designated to instruct;
    (ii) Technical subjects covering aircraft subsystems and operating 
rules applicable to the training courses that the instructor is 
designated to instruct;
    (iii) Emergency operations;
    (iv) Emergency situations likely to develop during training; and
    (v) Appropriate safety measures.
    (7) Each instructor who instructs in qualified and approved flight 
training equipment must pass a written test and annual proficiency 
check--
    (i) In the flight training equipment in which the instructor will be 
instructing; and
    (ii) On the subject matter and maneuvers of a representative segment 
of each curriculum for which the instructor will be instructing.
    (b) In addition to the requirements of paragraphs (a)(1) through 
(a)(7) of this section, each certificate holder must ensure that each 
instructor who instructs in a flight simulator that the Administrator 
has approved for all training and all testing for the airline transport 
pilot certification test, aircraft type rating test, or both, has met at 
least one of the following three requirements:
    (1) Each instructor must have performed 2 hours in flight, including 
three takeoffs and three landings as the sole manipulator of the 
controls of an aircraft of the same category and class, and, if a type 
rating is required, of the same type replicated by the approved flight 
simulator in which that instructor is designated to instruct;
    (2) Each instructor must have participated in an approved line-
observation program under part 121 or part 135 of this chapter, and 
that--
    (i) Was accomplished in the same airplane type as the airplane 
represented by the flight simulator in which that instructor is 
designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct; or
    (3) Each instructor must have participated in an approved in-flight 
observation training course that--
    (i) Consisted of at least 2 hours of flight time in an airplane of 
the same type as the airplane replicated by the flight simulator in 
which the instructor is designated to instruct; and
    (ii) Included line-oriented flight training of at least 1 hour of 
flight during which the instructor was the sole manipulator of the 
controls in a flight simulator that replicated the same type aircraft 
for which that instructor is designated to instruct.
    (c) An instructor who satisfactorily completes a curriculum required 
by paragraph (a) or (b) of this section in the calendar month before or 
after the

[[Page 571]]

month in which it is due is considered to have taken it in the month in 
which it was due for the purpose of computing when the next training is 
due.
    (d) The Administrator may give credit for the requirements of 
paragraph (a) or (b) of this section to an instructor who has 
satisfactorily completed an instructor training course for a part 121 or 
part 135 certificate holder if the Administrator finds such a course 
equivalent to the requirements of paragraph (a) or (b) of this section.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 142-1, 
62 FR 13791, Mar. 21, 1997]



Sec. 142.55  Training center evaluator requirements.

    (a) Except as provided by paragraph (d) of this section, a training 
center must ensure that each person authorized as an evaluator--
    (1) Is approved by the Administrator;
    (2) Is in compliance with Sec. Sec. 142.47, 142.49, and 142.53 and 
applicable sections of part 187 of this chapter; and
    (3) Prior to designation, and except as provided in paragraph (b) of 
this section, every 12-calendar-month period following initial 
designation, the certificate holder must ensure that the evaluator 
satisfactorily completes a curriculum that includes the following:
    (i) Evaluator duties, functions, and responsibilities;
    (ii) Methods, procedures, and techniques for conducting required 
tests and checks;
    (iii) Evaluation of pilot performance; and
    (iv) Management of unsatisfactory tests and subsequent corrective 
action; and
    (4) If evaluating in qualified and approved flight training 
equipment must satisfactorily pass a written test and annual proficiency 
check in a flight simulator or aircraft in which the evaluator will be 
evaluating.
    (b) An evaluator who satisfactorily completes a curriculum required 
by paragraph (a) of this section in the calendar month before or the 
calendar month after the month in which it is due is considered to have 
taken it in the month is which it was due for the purpose of computing 
when the next training is due.
    (c) The Administrator may give credit for the requirements of 
paragraph (a)(3) of this section to an evaluator who has satisfactorily 
completed an evaluator training course for a part 121 or part 135 
certificate holder if the Administrator finds such a course equivalent 
to the requirements of paragraph (a)(3) of this section.
    (d) An evaluator who is qualified under SFAR 58 shall be authorized 
to conduct evaluations under the Advanced Qualification Program without 
complying with the requirements of this section.



Sec. 142.57  Aircraft requirements.

    (a) An applicant for, or holder of, a training center certificate 
must ensure that each aircraft used for flight instruction and solo 
flights meets the following requirements:
    (1) Except for flight instruction and solo flights in a curriculum 
for agricultural aircraft operations, external load operations, and 
similar aerial work operations, the aircraft must have an FAA standard 
airworthiness certificate or a foreign equivalent of an FAA standard 
airworthiness certificate, acceptable to the Administrator.
    (2) The aircraft must be maintained and inspected in accordance 
with--
    (i) The requirements of part 91, subpart E, of this chapter; and
    (ii) An approved program for maintenance and inspection.
    (3) The aircraft must be equipped as provided in the training 
specifications for the approved course for which it is used.
    (b) Except as provided in paragraph (c) of this section, an 
applicant for, or holder of, a training center certificate must ensure 
that each aircraft used for flight instruction is at least a two-place 
aircraft with engine power controls and flight controls that are easily 
reached and that operate in a conventional manner from both pilot 
stations.
    (c) Airplanes with controls such as nose-wheel steering, switches, 
fuel selectors, and engine air flow controls that are not easily reached 
and operated in a conventional manner by both pilots may be used for 
flight instruction if the certificate holder determines that the flight 
instruction can

[[Page 572]]

be conducted in a safe manner considering the location of controls and 
their nonconventional operation, or both.



Sec. 142.59  Flight simulators and flight training devices.

    (a) An applicant for, or holder of, a training center certificate 
must show that each flight simulator and flight training device used for 
training, testing, and checking (except AQP) will be or is specifically 
qualified and approved by the Administrator for--
    (1) Each maneuver and procedure for the make, model, and series of 
aircraft, set of aircraft, or aircraft type simulated, as applicable; 
and
    (2) Each curriculum or training course in which the flight simulator 
or flight training device is used, if that curriculum or course is used 
to satisfy any requirement of 14 CFR chapter I.
    (b) The approval required by paragraph (a)(2) of this section must 
include--
    (1) The set of aircraft, or type aircraft;
    (2) If applicable, the particular variation within type, for which 
the training, testing, or checking is being conducted; and
    (3) The particular maneuver, procedure, or crewmember function to be 
performed.
    (c) Each qualified and approved flight simulator or flight training 
device used by a training center must--
    (1) Be maintained to ensure the reliability of the performances, 
functions, and all other characteristics that were required for 
qualification;
    (2) Be modified to conform with any modification to the aircraft 
being simulated if the modification results in changes to performance, 
function, or other characteristics required for qualification;
    (3) Be given a functional preflight check each day before being 
used; and
    (4) Have a discrepancy log in which the instructor or evaluator, at 
the end of each training session, enters each discrepancy.
    (d) Unless otherwise authorized by the Administrator, each component 
on a qualified and approved flight simulator or flight training device 
used by a training center must be operative if the component is 
essential to, or involved in, the training, testing, or checking of 
airmen.
    (e) Training centers shall not be restricted to specific--
    (1) Route segments during line-oriented flight training scenarios; 
and
    (2) Visual data bases replicating a specific customer's bases of 
operation.
    (f) Training centers may request evaluation, qualification, and 
continuing evaluation for qualification of flight simulators and flight 
training devices without--
    (1) Holding an air carrier certificate; or
    (2) Having a specific relationship to an air carrier certificate 
holder.



                        Subpart D_Operating Rules



Sec. 142.61  Applicability.

    This subpart prescribes the operating rules applicable to a training 
center certificated under this part and operating a course or training 
program curriculum approved in accordance with subpart B of this part.



Sec. 142.63  Privileges.

    A certificate holder may allow flight simulator instructors and 
evaluators to meet recency of experience requirements through the use of 
a qualified and approved flight simulator or qualified and approved 
flight training device if that flight simulator or flight training 
device is--
    (a) Used in a course approved in accordance with subpart B of this 
part; or
    (b) Approved under the Advanced Qualification Program for meeting 
recency of experience requirements.



Sec. 142.65  Limitations.

    (a) A certificate holder shall--
    (1) Ensure that a flight simulator or flight training device freeze, 
slow motion, or repositioning feature is not used during testing or 
checking; and
    (2) Ensure that a repositioning feature is used during line 
operational simulation for evaluation and line-oriented flight training 
only to advance along a flight route to the point where the descent and 
approach phase of the flight begins.
    (b) When flight testing, flight checking, or line operational 
simulation is being conducted, the certificate holder

[[Page 573]]

must ensure that one of the following occupies each crewmember position:
    (1) A crewmember qualified in the aircraft category, class, and 
type, if a type rating is required, provided that no flight instructor 
who is giving instruction may occupy a crewmember position.
    (2) A student, provided that no student may be used in a crewmember 
position with any other student not in the same specific course.
    (c) The holder of a training center certificate may not recommend a 
trainee for a certificate or rating, unless the trainee--
    (1) Has satisfactorily completed the training specified in the 
course approved under Sec. 142.37; and
    (2) Has passed the final tests required by Sec. 142.37.
    (d) The holder of a training center certificate may not graduate a 
student from a course unless the student has satisfactorily completed 
the curriculum requirements of that course.



                         Subpart E_Recordkeeping



Sec. 142.71  Applicability.

    This subpart prescribes the training center recordkeeping 
requirements for trainees enrolled in a course, and instructors and 
evaluators designated to instruct a course, approved in accordance with 
subpart B of this part.



Sec. 142.73  Recordkeeping requirements.

    (a) A certificate holder must maintain a record for each trainee 
that contains--
    (1) The name of the trainee;
    (2) A copy of the trainee's pilot certificate, if any, and medical 
certificate;
    (3) The name of the course and the make and model of flight training 
equipment used;
    (4) The trainee's prerequisite experience and course time completed;
    (5) The trainee's performance on each lesson and the name of the 
instructor providing instruction;
    (6) The date and result of each end-of-course practical test and the 
name of the evaluator conducting the test; and
    (7) The number of hours of additional training that was accomplished 
after any unsatisfactory practical test.
    (b) A certificate holder shall maintain a record for each instructor 
or evaluator designated to instruct a course approved in accordance with 
subpart B of this part that indicates that the instructor or evaluator 
has complied with the requirements of Sec. Sec. 142.13, 142.45, 142.47, 
142.49, and 142.53, as applicable.
    (c) The certificate holder shall--
    (1) Maintain the records required by paragraphs (a) of this section 
for at least 1 year following the completion of training, testing or 
checking;
    (2) Maintain the qualification records required by paragraph (b) of 
this section while the instructor or evaluator is in the employ of the 
certificate holder and for 1 year thereafter; and
    (3) Maintain the recurrent demonstration of proficiency records 
required by paragraph (b) of this section for at least 1 year.
    (d) The certificate holder must provide the records required by this 
section to the Administrator, upon request and at a reasonable time, and 
shall keep the records required by--
    (1) Paragraph (a) of this section at the training center, or 
satellite training center where the training, testing, or checking, if 
appropriate, occurred; and
    (2) Paragraph (b) of this section at the training center or 
satellite training center where the instructor or evaluator is primarily 
employed.
    (e) The certificate holder shall provide to a trainee, upon request 
and at a reasonable time, a copy of his or her training records.



                    Subpart F_Other Approved Courses



Sec. 142.81  Conduct of other approved courses.

    (a) An applicant for, or holder of, a training center certificate 
may apply for approval to conduct a course for which a curriculum is not 
prescribed by this part.
    (b) The course for which application is made under paragraph (a) of 
this section may be for flight crewmembers other than pilots, airmen 
other than flight crewmembers, material handlers,

[[Page 574]]

ground servicing personnel, and security personnel, and others approved 
by the Administrator.
    (c) An applicant for course approval under this subpart must comply 
with the applicable requirements of subpart A through subpart F of this 
part.
    (d) The Administrator approves the course for which the application 
is made if the training center or training center applicant shows that 
the course contains a curriculum that will achieve a level of competency 
equal to, or greater than, that required by the appropriate part of this 
chapter.

                           PART 143 [RESERVED]



PART 145_REPAIR STATIONS--Table of Contents




Special Federal Aviation Regulation No. 36 [Note]

                            Subpart A_General

Sec.
145.1 Applicability.
145.3 Definition of terms.
145.5 Certificate and operations specifications requirements.

                         Subpart B_Certification

145.51 Application for certificate.
145.53 Issue of certificate.
145.55 Duration and renewal of certificate.
145.57 Amendment to or transfer of certificate.
145.59 Ratings.
145.61 Limited ratings.

      Subpart C_Housing, Facilities, Equipment, Materials, and Data

145.101 General.
145.103 Housing and facilities requirements.
145.105 Change of location, housing, or facilities.
145.107 Satellite repair stations.
145.109 Equipment, materials, and data requirements.

                           Subpart D_Personnel

145.151 Personnel requirements.
145.153 Supervisory personnel requirements.
145.155 Inspection personnel requirements.
145.157 Personnel authorized to approve an article for return to 
          service.
145.159 Recommendation of a person for certification as a repairman.
145.161 Records of management, supervisory, and inspection personnel.
145.163 Training requirements.
145.165 Hazardous materials training.

                        Subpart E_Operating Rules

145.201 Privileges and limitations of certificate.
145.203 Work performed at another location.
145.205 Maintenance, preventive maintenance, and alterations performed 
          for certificate holders under parts 121, 125, and 135, and for 
          foreign air carriers or foreign persons operating a U.S.-
          registered aircraft in common carriage under part 129.
145.206 Notification of hazardous materials authorizations.
145.207 Repair station manual.
145.209 Repair station manual contents.
145.211 Quality control system.
145.213 Inspection of maintenance, preventive maintenance, or 
          alterations.
145.215 Capability list.
145.217 Contract maintenance.
145.219 Recordkeeping.
145.221 Service difficulty reports.
145.223 FAA inspections.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709, 
44717.



             Sec. Special Federal Aviation Regulation No. 36

    Editorial Note: For the text of SFAR No. 36, see part 121 of this 
chapter.



                            Subpart A_General

    Source: Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, unless 
otherwise noted.



Sec. 145.1  Applicability.

    This part describes how to obtain a repair station certificate. This 
part also contains the rules a certificated repair station must follow 
related to its performance of maintenance, preventive maintenance, or 
alterations of an aircraft, airframe, aircraft engine, propeller, 
appliance, or component part to which part 43 applies. It also applies 
to any person who holds, or is required to hold, a repair station 
certificate issued under this part.



Sec. 145.3  Definition of terms.

    For the purposes of this part, the following definitions apply:
    (a) Accountable manager means the person designated by the 
certificated repair station who is responsible for and has the authority 
over all repair station operations that are conducted under part 145, 
including ensuring that

[[Page 575]]

repair station personnel follow the regulations and serving as the 
primary contact with the FAA.
    (b) Article means an aircraft, airframe, aircraft engine, propeller, 
appliance, or component part.
    (c) Directly in charge means having the responsibility for the work 
of a certificated repair station that performs maintenance, preventive 
maintenance, alterations, or other functions affecting aircraft 
airworthiness. A person directly in charge does not need to physically 
observe and direct each worker constantly but must be available for 
consultation on matters requiring instruction or decision from higher 
authority.
    (d) Line maintenance means--
    (1) Any unscheduled maintenance resulting from unforeseen events; or
    (2) Scheduled checks that contain servicing and/or inspections that 
do not require specialized training, equipment, or facilities.



Sec. 145.5  Certificate and operations specifications requirements.

    (a) No person may operate as a certificated repair station without, 
or in violation of, a repair station certificate, ratings, or operations 
specifications issued under this part.
    (b) The certificate and operations specifications issued to a 
certificated repair station must be available on the premises for 
inspection by the public and the FAA.



                         Subpart B_Certification

    Source: Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, unless 
otherwise noted.



Sec. 145.51  Application for certificate.

    (a) An application for a repair station certificate and rating must 
be made in a format acceptable to the FAA and must include the 
following:
    (1) A repair station manual acceptable to the FAA as required by 
Sec. 145.207;
    (2) A quality control manual acceptable to the FAA as required by 
Sec. 145.211(c);
    (3) A list by type, make, or model, as appropriate, of each article 
for which the application is made;
    (4) An organizational chart of the repair station and the names and 
titles of managing and supervisory personnel;
    (5) A description of the housing and facilities, including the 
physical address, in accordance with Sec. 145.103;
    (6) A list of the maintenance functions, for approval by the FAA, to 
be performed for the repair station under contract by another person in 
accordance with Sec. 145.217; and
    (7) A training program for approval by the FAA in accordance with 
Sec. 145.163.
    (b) The equipment, personnel, technical data, and housing and 
facilities required for the certificate and rating, or for an additional 
rating must be in place for inspection at the time of certification or 
rating approval by the FAA. An applicant may meet the equipment 
requirement of this paragraph if the applicant has a contract acceptable 
to the FAA with another person to make the equipment available to the 
applicant at the time of certification and at any time that it is 
necessary when the relevant work is being performed by the repair 
station.
    (c) In addition to meeting the other applicable requirements for a 
repair station certificate and rating, an applicant for a repair station 
certificate and rating located outside the United States must meet the 
following requirements:
    (1) The applicant must show that the repair station certificate and/
or rating is necessary for maintaining or altering the following:
    (i) U.S.-registered aircraft and articles for use on U.S.-registered 
aircraft, or
    (ii) Foreign-registered aircraft operated under the provisions of 
part 121 or part 135, and articles for use on these aircraft.
    (2) The applicant must show that the fee prescribed by the FAA has 
been paid.
    (d) An application for an additional rating, amended repair station 
certificate, or renewal of a repair station certificate must be made in 
a format acceptable to the FAA. The application must include only that 
information necessary to substantiate the change or renewal of the 
certificate.

[[Page 576]]



Sec. 145.53  Issue of certificate.

    (a) Except as provided in paragraph (b), (c), or (d) of this 
section, a person who meets the requirements of this part is entitled to 
a repair station certificate with appropriate ratings prescribing such 
operations specifications and limitations as are necessary in the 
interest of safety.
    (b) If the person is located in a country with which the United 
States has a bilateral aviation safety agreement, the FAA may find that 
the person meets the requirements of this part based on a certification 
from the civil aviation authority of that country. This certification 
must be made in accordance with implementation procedures signed by the 
Administrator or the Administrator's designee.
    (c) Before a repair station certificate can be issued for a repair 
station that is located within the United States, the applicant shall 
certify in writing that all ``hazmat employees'' (see 49 CFR 171.8) for 
the repair station, its contractors, or subcontractors are trained as 
required in 49 CFR part 172 subpart H.
    (d) Before a repair station certificate can be issued for a repair 
station that is located outside the United States, the applicant shall 
certify in writing that all employees for the repair station, its 
contractors, or subcontractors performing a job function concerning the 
transport of dangerous goods (hazardous material) are trained as 
outlined in the most current edition of the International Civil Aviation 
Organization Technical Instructions for the Safe Transport of Dangerous 
Goods by Air.

[Doc. No. FAA-2003-15085, 70 FR 58831, Oct. 7, 2005]



Sec. 145.55  Duration and renewal of certificate.

    (a) A certificate or rating issued to a repair station located in 
the United States is effective from the date of issue until the repair 
station surrenders it or the FAA suspends or revokes it.
    (b) A certificate or rating issued to a repair station located 
outside the United States is effective from the date of issue until the 
last day of the 12th month after the date of issue unless the repair 
station surrenders the certificate or the FAA suspends or revokes it. 
The FAA may renew the certificate or rating for 24 months if the repair 
station has operated in compliance with the applicable requirements of 
part 145 within the preceding certificate duration period.
    (c) A certificated repair station located outside the United States 
that applies for a renewal of its repair station certificate must--
    (1) Submit its request for renewal no later than 30 days before the 
repair station's current certificate expires. If a request for renewal 
is not made within this period, the repair station must follow the 
application procedures in Sec. 145.51.
    (2) Send its request for renewal to the FAA office that has 
jurisdiction over the certificated repair station.
    (d) The holder of an expired, surrendered, suspended, or revoked 
certificate must return it to the FAA.



Sec. 145.57  Amendment to or transfer of certificate.

    (a) The holder of a repair station certificate must apply for a 
change to its certificate in a format acceptable to the Administrator. A 
change to the certificate must include certification in compliance with 
Sec. 145.53(c) or (d), if not previously submitted. A certificate 
change is necessary if the certificate holder--
    (1) Changes the location of the repair station, or
    (2) Requests to add or amend a rating.
    (b) If the holder of a repair station certificate sells or transfers 
its assets, the new owner must apply for an amended certificate in 
accordance with Sec. 145.51.

[Doc. No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 
145-24, 70 FR 58831, Oct. 7, 2005]



Sec. 145.59  Ratings.

    The following ratings are issued under this subpart:
    (a) Airframe ratings.
    (1) Class 1: Composite construction of small aircraft.
    (2) Class 2: Composite construction of large aircraft.

[[Page 577]]

    (3) Class 3: All-metal construction of small aircraft.
    (4) Class 4: All-metal construction of large aircraft.
    (b) Powerplant ratings.
    (1) Class 1: Reciprocating engines of 400 horsepower or less.
    (2) Class 2: Reciprocating engines of more than 400 horsepower.
    (3) Class 3: Turbine engines.
    (c) Propeller ratings.
    (1) Class 1: Fixed-pitch and ground-adjustable propellers of wood, 
metal, or composite construction.
    (2) Class 2: Other propellers, by make.
    (d) Radio ratings.
    (1) Class 1: Communication equipment. Radio transmitting and/or 
receiving equipment used in an aircraft to send or receive 
communications in flight, regardless of carrier frequency or type of 
modulation used. This equipment includes auxiliary and related aircraft 
interphone systems, amplifier systems, electrical or electronic 
intercrew signaling devices, and similar equipment. This equipment does 
not include equipment used for navigating or aiding navigation of 
aircraft, equipment used for measuring altitude or terrain clearance, 
other measuring equipment operated on radio or radar principles, or 
mechanical, electrical, gyroscopic, or electronic instruments that are a 
part of communications radio equipment.
    (2) Class 2: Navigational equipment. A radio system used in an 
aircraft for en route or approach navigation. This does not include 
equipment operated on radar or pulsed radio frequency principles, or 
equipment used for measuring altitude or terrain clearance.
    (3) Class 3: Radar equipment. An aircraft electronic system operated 
on radar or pulsed radio frequency principles.
    (e) Instrument ratings.
    (1) Class 1: Mechanical. A diaphragm, bourdon tube, aneroid, 
optical, or mechanically driven centrifugal instrument used on aircraft 
or to operate aircraft, including tachometers, airspeed indicators, 
pressure gauges drift sights, magnetic compasses, altimeters, or similar 
mechanical instruments.
    (2) Class 2: Electrical. Self-synchronous and electrical-indicating 
instruments and systems, including remote indicating instruments, 
cylinder head temperature gauges, or similar electrical instruments.
    (3) Class 3: Gyroscopic. An instrument or system using gyroscopic 
principles and motivated by air pressure or electrical energy, including 
automatic pilot control units, turn and bank indicators, directional 
gyros, and their parts, and flux gate and gyrosyn compasses.
    (4) Class 4: Electronic. An instrument whose operation depends on 
electron tubes, transistors, or similar devices, including capacitance 
type quantity gauges, system amplifiers, and engine analyzers.
    (f) Accessory ratings.
    (1) Class 1: A mechanical accessory that depends on friction, 
hydraulics, mechanical linkage, or pneumatic pressure for operation, 
including aircraft wheel brakes, mechanically driven pumps, carburetors, 
aircraft wheel assemblies, shock absorber struts and hydraulic servo 
units.
    (2) Class 2: An electrical accessory that depends on electrical 
energy for its operation, and a generator, including starters, voltage 
regulators, electric motors, electrically driven fuel pumps magnetos, or 
similar electrical accessories.
    (3) Class 3: An electronic accessory that depends on the use of an 
electron tube transistor, or similar device, including supercharger, 
temperature, air conditioning controls, or similar electronic controls.



Sec. 145.61  Limited ratings.

    (a) The FAA may issue a limited rating to a certificated repair 
station that maintains or alters only a particular type of airframe, 
powerplant, propeller, radio, instrument, or accessory, or part thereof, 
or performs only specialized maintenance requiring equipment and skills 
not ordinarily performed under other repair station ratings. Such a 
rating may be limited to a specific model aircraft, engine, or 
constituent part, or to any number of parts made by a particular 
manufacturer.
    (b) The FAA issues limited ratings for--
    (1) Airframes of a particular make and model;

[[Page 578]]

    (2) Engines of a particular make and model;
    (3) Propellers of a particular make and model;
    (4) Instruments of a particular make and model;
    (5) Radio equipment of a particular make and model;
    (6) Accessories of a particular make and model;
    (7) Landing gear components;
    (8) Floats, by make;
    (9) Nondestructive inspection, testing, and processing;
    (10) Emergency equipment;
    (11) Rotor blades, by make and model; and
    (12) Aircraft fabric work.
    (c) For a limited rating for specialized services, the operations 
specifications of the repair station must contain the specification used 
to perform the specialized service. The specification may be--
    (1) A civil or military specification currently used by industry and 
approved by the FAA, or
    (2) A specification developed by the applicant and approved by the 
FAA.



      Subpart C_Housing, Facilities, Equipment, Materials, and Data

    Source: Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, unless 
otherwise noted.



Sec. 145.101  General.

    A certificated repair station must provide housing, facilities, 
equipment, materials, and data that meet the applicable requirements for 
the issuance of the certificate and ratings the repair station holds.



Sec. 145.103  Housing and facilities requirements.

    (a) Each certificated repair station must provide--
    (1) Housing for the facilities, equipment, materials, and personnel 
consistent with its ratings.
    (2) Facilities for properly performing the maintenance, preventive 
maintenance, or alterations of articles or the specialized services for 
which it is rated. Facilities must include the following:
    (i) Sufficient work space and areas for the proper segregation and 
protection of articles during all maintenance, preventive maintenance, 
or alterations;
    (ii) Segregated work areas enabling environmentally hazardous or 
sensitive operations such as painting, cleaning, welding, avionics work, 
electronic work, and machining to be done properly and in a manner that 
does not adversely affect other maintenance or alteration articles or 
activities;
    (iii) Suitable racks, hoists, trays, stands, and other segregation 
means for the storage and protection of all articles undergoing 
maintenance, preventive maintenance, or alterations;
    (iv) Space sufficient to segregate articles and materials stocked 
for installation from those articles undergoing maintenance, preventive 
maintenance, or alterations; and
    (v) Ventilation, lighting, and control of temperature, humidity, and 
other climatic conditions sufficient to ensure personnel perform 
maintenance, preventive maintenance, or alterations to the standards 
required by this part.
    (b) A certificated repair station with an airframe rating must 
provide suitable permanent housing to enclose the largest type and model 
of aircraft listed on its operations specifications.
    (c) A certificated repair station may perform maintenance, 
preventive maintenance, or alterations on articles outside of its 
housing if it provides suitable facilities that are acceptable to the 
FAA and meet the requirements of Sec. 145.103(a) so that the work can 
be done in accordance with the requirements of part 43 of this chapter.



Sec. 145.105  Change of location, housing, or facilities.

    (a) A certificated repair station may not change the location of its 
housing without written approval from the FAA.
    (b) A certificated repair station may not make any changes to its 
housing or facilities required by Sec. 145.103 that could have a 
significant effect on its ability to perform the maintenance, preventive 
maintenance, or alterations under its repair station certificate and 
operations specifications without written approval from the FAA.
    (c) The FAA may prescribe the conditions, including any limitations, 
under

[[Page 579]]

which a certificated repair station must operate while it is changing 
its location, housing, or facilities.



Sec. 145.107  Satellite repair stations.

    (a) A certificated repair station under the managerial control of 
another certificated repair station may operate as a satellite repair 
station with its own certificate issued by the FAA. A satellite repair 
station--
    (1) May not hold a rating not held by the certificated repair 
station with managerial control;
    (2) Must meet the requirements for each rating it holds;
    (3) Must submit a repair station manual acceptable to the FAA as 
required by Sec. 145.207; and
    (4) Must submit a quality control manual acceptable to the FAA as 
required by Sec. 145.211(c).
    (b) Unless the FAA indicates otherwise, personnel and equipment from 
the certificated repair station with managerial control and from each of 
the satellite repair stations may be shared. However, inspection 
personnel must be designated for each satellite repair station and 
available at the satellite repair station any time a determination of 
airworthiness or return to service is made. In other circumstances, 
inspection personnel may be away from the premises but must be available 
by telephone, radio, or other electronic means.
    (c) A satellite repair station may not be located in a country other 
than the domicile country of the certificated repair station with 
managerial control.



Sec. 145.109  Equipment, materials, and data requirements.

    (a) Except as otherwise prescribed by the FAA, a certificated repair 
station must have the equipment, tools, and materials necessary to 
perform the maintenance, preventive maintenance, or alterations under 
its repair station certificate and operations specifications in 
accordance with part 43. The equipment, tools, and material must be 
located on the premises and under the repair station's control when the 
work is being done.
    (b) A certificated repair station must ensure all test and 
inspection equipment and tools used to make airworthiness determinations 
on articles are calibrated to a standard acceptable to the FAA.
    (c) The equipment, tools, and material must be those recommended by 
the manufacturer of the article or must be at least equivalent to those 
recommended by the manufacturer and acceptable to the FAA.
    (d) A certificated repair station must maintain, in a format 
acceptable to the FAA, the documents and data required for the 
performance of maintenance, preventive maintenance, or alterations under 
its repair station certificate and operations specifications in 
accordance with part 43. The following documents and data must be 
current and accessible when the relevant work is being done:
    (1) Airworthiness directives,
    (2) Instructions for continued airworthiness,
    (3) Maintenance manuals,
    (4) Overhaul manuals,
    (5) Standard practice manuals,
    (6) Service bulletins, and
    (7) Other applicable data acceptable to or approved by the FAA.



                           Subpart D_Personnel

    Source: Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, unless 
otherwise noted.



Sec. 145.151  Personnel requirements.

    Each certificated repair station must--
    (a) Designate a repair station employee as the accountable manager;
    (b) Provide qualified personnel to plan, supervise, perform, and 
approve for return to service the maintenance, preventive maintenance, 
or alterations performed under the repair station certificate and 
operations specifications;
    (c) Ensure it has a sufficient number of employees with the training 
or knowledge and experience in the performance of maintenance, 
preventive maintenance, or alterations authorized by the repair station 
certificate and operations specifications to ensure all work is 
performed in accordance with part 43; and
    (d) Determine the abilities of its noncertificated employees 
performing

[[Page 580]]

maintenance functions based on training, knowledge, experience, or 
practical tests.



Sec. 145.153  Supervisory personnel requirements.

    (a) A certificated repair station must ensure it has a sufficient 
number of supervisors to direct the work performed under the repair 
station certificate and operations specifications. The supervisors must 
oversee the work performed by any individuals who are unfamiliar with 
the methods, techniques, practices, aids, equipment, and tools used to 
perform the maintenance, preventive maintenance, or alterations.
    (b) Each supervisor must--
    (1) If employed by a repair station located inside the United 
States, be certificated under part 65.
    (2) If employed by a repair station located outside the United 
States--
    (i) Have a minimum of 18 months of practical experience in the work 
being performed; or
    (ii) Be trained in or thoroughly familiar with the methods, 
techniques, practices, aids, equipment, and tools used to perform the 
maintenance, preventive maintenance, or alterations.
    (c) A certificated repair station must ensure its supervisors 
understand, read, and write English.



Sec. 145.155  Inspection personnel requirements.

    (a) A certificated repair station must ensure that persons 
performing inspections under the repair station certificate and 
operations specifications are--
    (1) Thoroughly familiar with the applicable regulations in this 
chapter and with the inspection methods, techniques, practices, aids, 
equipment, and tools used to determine the airworthiness of the article 
on which maintenance, preventive maintenance, or alterations are being 
performed; and
    (2) Proficient in using the various types of inspection equipment 
and visual inspection aids appropriate for the article being inspected; 
and
    (b) A certificated repair station must ensure its inspectors 
understand, read, and write English.



Sec. 145.157  Personnel authorized to approve an article for return to 

service.

    (a) A certificated repair station located inside the United States 
must ensure each person authorized to approve an article for return to 
service under the repair station certificate and operations 
specifications is certificated under part 65.
    (b) A certificated repair station located outside the United States 
must ensure each person authorized to approve an article for return to 
service under the repair station certificate and operations 
specifications is--
    (1) Trained in or has 18 months practical experience with the 
methods, techniques, practices, aids, equipment, and tools used to 
perform the maintenance, preventive maintenance, or alterations; and
    (2) Thoroughly familiar with the applicable regulations in this 
chapter and proficient in the use of the various inspection methods, 
techniques, practices, aids, equipment, and tools appropriate for the 
work being performed and approved for return to service.
    (c) A certificated repair station must ensure each person authorized 
to approve an article for return to service understands, reads, and 
writes English.



Sec. 145.159  Recommendation of a person for certification as a repairman.

    A certificated repair station that chooses to use repairmen to meet 
the applicable personnel requirements of this part must certify in a 
format acceptable to the FAA that each person recommended for 
certification as a repairman--
    (a) Is employed by the repair station, and
    (b) Meets the eligibility requirements of Sec. 65.101.



Sec. 145.161  Records of management, supervisory, and inspection personnel.

    (a) A certificated repair station must maintain and make available 
in a format acceptable to the FAA the following:
    (1) A roster of management and supervisory personnel that includes 
the names of the repair station officials

[[Page 581]]

who are responsible for its management and the names of its supervisors 
who oversee maintenance functions.
    (2) A roster with the names of all inspection personnel.
    (3) A roster of personnel authorized to sign a maintenance release 
for approving a maintained or altered article for return to service.
    (4) A summary of the employment of each individual whose name is on 
the personnel rosters required by paragraphs (a)(1) through (a)(3) of 
this section. The summary must contain enough information on each 
individual listed on the roster to show compliance with the experience 
requirements of this part and must include the following:
    (i) Present title,
    (ii) Total years of experience and the type of maintenance work 
performed,
    (iii) Past relevant employment with names of employers and periods 
of employment,
    (iv) Scope of present employment, and
    (v) The type of mechanic or repairman certificate held and the 
ratings on that certificate, if applicable.
    (b) Within 5 business days of the change, the rosters required by 
this section must reflect changes caused by termination, reassignment, 
change in duties or scope of assignment, or addition of personnel.



Sec. 145.163  Training requirements.

    (a) A certificated repair station must have an employee training 
program approved by the FAA that consists of initial and recurrent 
training. For purposes of meeting the requirements of this paragraph, 
beginning April 6, 2006--
    (1) An applicant for a repair station certificate must submit a 
training program for approval by the FAA as required by Sec. 
145.51(a)(7).
    (2) A repair station certificated before that date must submit its 
training program to the FAA for approval by the last day of the month in 
which its repair station certificate was issued.
    (b) The training program must ensure each employee assigned to 
perform maintenance, preventive maintenance, or alterations, and 
inspection functions is capable of performing the assigned task.
    (c) A certificated repair station must document, in a format 
acceptable to the FAA, the individual employee training required under 
paragraph (a) of this section. These training records must be retained 
for a minimum of 2 years.
    (d) A certificated repair station must submit revisions to its 
training program to its certificate holding district office in 
accordance with the procedures required by Sec. 145.209(e).

[Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended at 70 
FR 15581, Mar. 28, 2005]



Sec. 145.165  Hazardous materials training.

    (a) Each repair station that meets the definition of a hazmat 
employer under 49 CFR 171.8 must have a hazardous materials training 
program that meets the training requirements of 49 CFR part 172 subpart 
H.
    (b) A repair station employee may not perform or directly supervise 
a job function listed in Sec. 121.1001 or Sec. 135.501 for, or on 
behalf of the part 121 or 135 operator including loading of items for 
transport on an aircraft operated by a part 121 or part 135 certificate 
holder unless that person has received training in accordance with the 
part 121 or part 135 operator's FAA approved hazardous materials 
training program.

[Doc. No. FAA-2003-15085, 70 FR 58831, Oct. 7, 2005]



                        Subpart E_Operating Rules

    Source: Docket No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, unless 
otherwise noted.



Sec. 145.201  Privileges and limitations of certificate.

    (a) A certificated repair station may--
    (1) Perform maintenance, preventive maintenance, or alterations in 
accordance with part 43 on any article for which it is rated and within 
the limitations in its operations specifications.
    (2) Arrange for another person to perform the maintenance, 
preventive maintenance, or alterations of any article for which the 
certificated repair

[[Page 582]]

station is rated. If that person is not certificated under part 145, the 
certificated repair station must ensure that the noncertificated person 
follows a quality control system equivalent to the system followed by 
the certificated repair station.
    (3) Approve for return to service any article for which it is rated 
after it has performed maintenance, preventive maintenance, or an 
alteration in accordance with part 43.
    (b) A certificated repair station may not maintain or alter any 
article for which it is not rated, and may not maintain or alter any 
article for which it is rated if it requires special technical data, 
equipment, or facilities that are not available to it.
    (c) A certificated repair station may not approve for return to 
service'
    (1) Any article unless the maintenance, preventive maintenance, or 
alteration was performed in accordance with the applicable approved 
technical data or data acceptable to the FAA.
    (2) Any article after a major repair or major alteration unless the 
major repair or major alteration was performed in accordance with 
applicable approved technical data; and
    (3) Any experimental aircraft after a major repair or major 
alteration performed under Sec. 43.1(b) unless the major repair or 
major alteration was performed in accordance with methods and applicable 
technical data acceptable to the FAA.



Sec. 145.203  Work performed at another location.

    A certificated repair station may temporarily transport material, 
equipment, and personnel needed to perform maintenance, preventive 
maintenance, alterations, or certain specialized services on an article 
for which it is rated to a place other than the repair station's fixed 
location if the following requirements are met:
    (a) The work is necessary due to a special circumstance, as 
determined by the FAA; or
    (b) It is necessary to perform such work on a recurring basis, and 
the repair station's manual includes the procedures for accomplishing 
maintenance, preventive maintenance, alterations, or specialized 
services at a place other than the repair station's fixed location.



Sec. 145.205  Maintenance, preventive maintenance, and alterations performed 

for certificate holders under parts 121, 125, and 135, and for foreign air 

          carriers or foreign persons operating a U.S.-registered 

          aircraft in common carriage under part 129.

    (a) A certificated repair station that performs maintenance, 
preventive maintenance, or alterations for an air carrier or commercial 
operator that has a continuous airworthiness maintenance program under 
part 121 or part 135 must follow the air carrier's or commercial 
operator's program and applicable sections of its maintenance manual.
    (b) A certificated repair station that performs inspections for a 
certificate holder conducting operations under part 125 must follow the 
operator's FAA-approved inspection program.
    (c) A certificated repair station that performs maintenance, 
preventive maintenance, or alterations for a foreign air carrier or 
foreign person operating a U.S.-registered aircraft under part 129 must 
follow the operator's FAA-approved maintenance program.
    (d) Notwithstanding the housing requirement of Sec. 145.103(b), the 
FAA may grant approval for a certificated repair station to perform line 
maintenance for an air carrier certificated under part 121 or part 135, 
or a foreign air carrier or foreign person operating a U.S.-registered 
aircraft in common carriage under part 129 on any aircraft of that air 
carrier or person, provided--
    (1) The certificated repair station performs such line maintenance 
in accordance with the operator's manual, if applicable, and approved 
maintenance program;
    (2) The certificated repair station has the necessary equipment, 
trained personnel, and technical data to perform such line maintenance; 
and
    (3) The certificated repair station's operations specifications 
include an authorization to perform line maintenance.



Sec. 145.206  Notification of hazardous materials authorizations.

    (a) Each repair station must acknowledge receipt of the part 121 or

[[Page 583]]

part 135 operator notification required under Sec. Sec. 121.1005(e) and 
135.505(e) of this chapter prior to performing work for, or on behalf of 
that certificate holder.
    (b) Prior to performing work for or on behalf of a part 121 or part 
135 operator, each repair station must notify its employees, 
contractors, or subcontractors that handle or replace aircraft 
components or other items regulated by 49 CFR parts 171 through 180 of 
each certificate holder's operations specifications authorization 
permitting, or prohibition against, carrying hazardous materials. This 
notification must be provided subsequent to the notification by the part 
121 or part 135 operator of such operations specifications 
authorization/designation.

[Doc. No. FAA-2003-15085, 70 FR 58831, Oct. 7, 2005, as amended by Amdt. 
145-25, 70 FR 75397, Dec. 20, 2005]



Sec. 145.207  Repair station manual.

    (a) A certificated repair station must prepare and follow a repair 
station manual acceptable to the FAA.
    (b) A certificated repair station must maintain a current repair 
station manual.
    (c) A certificated repair station's current repair station manual 
must be accessible for use by repair station personnel required by 
subpart D of this part.
    (d) A certificated repair station must provide to its certificate 
holding district office the current repair station manual in a format 
acceptable to the FAA.
    (e) A certificated repair station must notify its certificate 
holding district office of each revision of its repair station manual in 
accordance with the procedures required by Sec. 145.209(j).



Sec. 145.209  Repair station manual contents.

    A certificated repair station's manual must include the following:
    (a) An organizational chart identifying--
    (1) Each management position with authority to act on behalf of the 
repair station,
    (2) The area of responsibility assigned to each management position, 
and
    (3) The duties, responsibilities, and authority of each management 
position;
    (b) Procedures for maintaining and revising the rosters required by 
Sec. 145.161;
    (c) A description of the certificated repair station's operations, 
including the housing, facilities, equipment, and materials as required 
by subpart C of this part;
    (d) Procedures for--
    (1) Revising the capability list provided for in Sec. 145.215 and 
notifying the certificate holding district office of revisions to the 
list, including how often the certificate holding district office will 
be notified of revisions; and
    (2) The self-evaluation required under Sec. 145.215(c) for revising 
the capability list, including methods and frequency of such 
evaluations, and procedures for reporting the results to the appropriate 
manager for review and action;
    (e) Procedures for revising the training program required by Sec. 
145.163 and submitting revisions to the certificate holding district 
office for approval;
    (f) Procedures to govern work performed at another location in 
accordance with Sec. 145.203;
    (g) Procedures for maintenance, preventive maintenance, or 
alterations performed under Sec. 145.205;
    (h)Procedures for--
    (1) Maintaining and revising the contract maintenance information 
required by Sec. 145.217(a)(2)(i), including submitting revisions to 
the certificate holding district office for approval; and
    (2) Maintaining and revising the contract maintenance information 
required by Sec. 145.217(a)(2)(ii) and notifying the certificate 
holding district office of revisions to this information, including how 
often the certificate holding district office will be notified of 
revisions;
    (i) A description of the required records and the recordkeeping 
system used to obtain, store, and retrieve the required records;
    (j) Procedures for revising the repair station's manual and 
notifying its certificate holding district office of revisions to the 
manual, including how often the certificate holding district office will 
be notified of revisions; and

[[Page 584]]

    (k) A description of the system used to identify and control 
sections of the repair station manual.



Sec. 145.211  Quality control system.

    (a) A certificated repair station must establish and maintain a 
quality control system acceptable to the FAA that ensures the 
airworthiness of the articles on which the repair station or any of its 
contractors performs maintenance, preventive maintenance, or 
alterations.
    (b) Repair station personnel must follow the quality control system 
when performing maintenance, preventive maintenance, or alterations 
under the repair station certificate and operations specifications.
    (c) A certificated repair station must prepare and keep current a 
quality control manual in a format acceptable to the FAA that includes 
the following:
    (1) A description of the system and procedures used for--
    (i) Inspecting incoming raw materials to ensure acceptable quality;
    (ii) Performing preliminary inspection of all articles that are 
maintained;
    (iii) Inspecting all articles that have been involved in an accident 
for hidden damage before maintenance, preventive maintenance, or 
alteration is performed;
    (iv) Establishing and maintaining proficiency of inspection 
personnel;
    (v) Establishing and maintaining current technical data for 
maintaining articles;
    (vi) Qualifying and surveilling noncertificated persons who perform 
maintenance, prevention maintenance, or alterations for the repair 
station;
    (vii) Performing final inspection and return to service of 
maintained articles;
    (viii) Calibrating measuring and test equipment used in maintaining 
articles, including the intervals at which the equipment will be 
calibrated; and
    (ix) Taking corrective action on deficiencies;
    (2) References, where applicable, to the manufacturer's inspection 
standards for a particular article, including reference to any data 
specified by that manufacturer;
    (3) A sample of the inspection and maintenance forms and 
instructions for completing such forms or a reference to a separate 
forms manual; and
    (4) Procedures for revising the quality control manual required 
under this section and notifying the certificate holding district office 
of the revisions, including how often the certificate holding district 
office will be notified of revisions.
    (d) A certificated repair station must notify its certificate 
holding district office of revisions to its quality control manual.



Sec. 145.213  Inspection of maintenance, preventive maintenance, or 

alterations.

    (a) A certificated repair station must inspect each article upon 
which it has performed maintenance, preventive maintenance, or 
alterations as described in paragraphs (b) and (c) of this section 
before approving that article for return to service.
    (b) A certificated repair station must certify on an article's 
maintenance release that the article is airworthy with respect to the 
maintenance, preventive maintenance, or alterations performed after--
    (1) The repair station performs work on the article; and
    (2) An inspector inspects the article on which the repair station 
has performed work and determines it to be airworthy with respect to the 
work performed.
    (c) For the purposes of paragraphs (a) and (b) of this section, an 
inspector must meet the requirements of Sec. 145.155.
    (d) Except for individuals employed by a repair station located 
outside the United States, only an employee certificated under part 65 
is authorized to sign off on final inspections and maintenance releases 
for the repair station.



Sec. 145.215  Capability list.

    (a) A certificated repair station with a limited rating may perform 
maintenance, preventive maintenance, or alterations on an article if the 
article is listed on a current capability list acceptable to the FAA or 
on the repair station's operations specifications.
    (b) The capability list must identify each article by make and model 
or other nomenclature designated by the

[[Page 585]]

article's manufacturer and be available in a format acceptable to the 
FAA.
    (c) An article may be listed on the capability list only if the 
article is within the scope of the ratings of the repair station's 
certificate, and only after the repair station has performed a self-
evaluation in accordance with the procedures under Sec. 145.209(d)(2). 
The repair station must perform this self-evaluation to determine that 
the repair station has all of the housing, facilities, equipment, 
material, technical data, processes, and trained personnel in place to 
perform the work on the article as required by part 145. The repair 
station must retain on file documentation of the evaluation.
    (d) Upon listing an additional article on its capability list, the 
repair station must provide its certificate holding district office with 
a copy of the revised list in accordance with the procedures required in 
Sec. 145.209(d)(1).



Sec. 145.217  Contract maintenance.

    (a) A certificated repair station may contract a maintenance 
function pertaining to an article to an outside source provided--
    (1) The FAA approves the maintenance function to be contracted to 
the outside source; and
    (2) The repair station maintains and makes available to its 
certificate holding district office, in a format acceptable to the FAA, 
the following information:
    (i) The maintenance functions contracted to each outside facility; 
and
    (ii) The name of each outside facility to whom the repair station 
contracts maintenance functions and the type of certificate and ratings, 
if any, held by each facility.
    (b) A certificated repair station may contract a maintenance 
function pertaining to an article to a noncertificated person provided--
    (1) The noncertificated person follows a quality control system 
equivalent to the system followed by the certificated repair station;
    (2) The certificated repair station remains directly in charge of 
the work performed by the noncertificated person; and
    (3) The certificated repair station verifies, by test and/or 
inspection, that the work has been performed satisfactorily by the 
noncertificated person and that the article is airworthy before 
approving it for return to service.
    (c) A certificated repair station may not provide only approval for 
return to service of a complete type-certificated product following 
contract maintenance, preventive maintenance, or alterations.



Sec. 145.219  Recordkeeping.

    (a) A certificated repair station must retain records in English 
that demonstrate compliance with the requirements of part 43. The 
records must be retained in a format acceptable to the FAA.
    (b) A certificated repair station must provide a copy of the 
maintenance release to the owner or operator of the article on which the 
maintenance, preventive maintenance, or alteration was performed.
    (c) A certificated repair station must retain the records required 
by this section for at least 2 years from the date the article was 
approved for return to service.
    (d) A certificated repair station must make all required records 
available for inspection by the FAA and the National Transportation 
Safety Board.



Sec. 145.221  Service difficulty reports.

    (a) A certificated repair station must report to the FAA within 96 
hours after it discovers any serious failure, malfunction, or defect of 
an article. The report must be in a format acceptable to the FAA.
    (b) The report required under paragraph (a) of this section must 
include as much of the following information as is available:
    (1) Aircraft registration number;
    (2) Type, make, and model of the article;
    (3) Date of the discovery of the failure, malfunction, or defect;
    (4) Nature of the failure, malfunction, or defect;
    (5) Time since last overhaul, if applicable;
    (6) Apparent cause of the failure, malfunction, or defect; and

[[Page 586]]

    (7) Other pertinent information that is necessary for more complete 
identification, determination of seriousness, or corrective action.
    (c) The holder of a repair station certificate that is also the 
holder of a part 121, 125, or 135 certificate; type certificate 
(including a supplemental type certificate); parts manufacturer 
approval; or technical standard order authorization, or that is the 
licensee of a type certificate holder, does not need to report a 
failure, malfunction, or defect under this section if the failure, 
malfunction, or defect has been reported under parts 21, 121, 125, or 
135 of this chapter.
    (d) A certificated repair station may submit a service difficulty 
report for the following:
    (1) A part 121 certificate holder, provided the report meets the 
requirements of part 121 of this chapter, as appropriate.
    (2) A part 125 certificate holder, provided the report meets the 
requirements of part 125 of this chapter, as appropriate.
    (3) A part 135 certificate holder, provided the report meets the 
requirements of part 135 of the chapter, as appropriate.
    (e) A certificated repair station authorized to report a failure, 
malfunction, or defect under paragraph (d) of this section must not 
report the same failure, malfunction, or defect under paragraph (a) of 
this section. A copy of the report submitted under paragraph (d) of this 
section must be forwarded to the certificate holder.

[Doc. No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 
22, 68 FR 75382, Dec. 30, 2003; Amdt. 145-26, 70 FR 76979, Dec. 29, 
2005]



Sec. 145.223  FAA inspections.

    (a) A certificated repair station must allow the FAA to inspect that 
repair station at any time to determine compliance with this chapter.
    (b) A certificated repair station may not contract for the 
performance of a maintenance function on an article with a 
noncertificated person unless it provides in its contract with the 
noncertificated person that the FAA may make an inspection and observe 
the performance of the noncertificated person's work on the article.
    (c) A certificated repair station may not return to service any 
article on which a maintenance function was performed by a 
noncertificated person if the noncertificated person does not permit the 
FAA to make the inspection described in paragraph (b) of this section.



PART 147_AVIATION MAINTENANCE TECHNICIAN SCHOOLS--Table of Contents




                            Subpart A_General

Sec.
147.1 Applicability.
147.3 Certificate required.
147.5 Application and issue.
147.7 Duration of certificates.

                  Subpart B_Certification Requirements

147.11 Ratings.
147.13 Facilities, equipment, and material requirements.
147.15 Space requirements.
147.17 Instructional equipment requirements.
147.19 Materials, special tools, and shop equipment requirements.
147.21 General curriculum requirements.
147.23 Instructor requirements.

                        Subpart C_Operating Rules

147.31 Attendance and enrollment, tests, and credit for prior 
          instruction or experience.
147.33 Records.
147.35 Transcripts and graduation certificates.
147.36 Maintenance of instructor requirements.
147.37 Maintenance of facilities, equipment, and material.
147.38 Maintenance of curriculum requirements.
147.38a Quality of instruction.
147.39 Display of certificate.
147.41 Change of location.
147.43 Inspection.
147.45 Advertising.

Appendix A to Part 147--Curriculum Requirements
Appendix B to Part 147--General Curriculum Subjects
Appendix C to Part 147--Airframe Curriculum Subjects
Appendix D to Part 147--Powerplant Curriculum Subjects

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707-44709.

[[Page 587]]


    Source: Docket No. 1157, 27 FR 6669 July 13, 1962, unless otherwise 
noted.



                            Subpart A_General



Sec. 147.1  Applicability.

    This part prescribes the requirements for issuing aviation 
maintenance technician school certificates and associated ratings and 
the general operating rules for the holders of those certificates and 
ratings.



Sec. 147.3  Certificate required.

    No person may operate as a certificated aviation maintenance 
technician school without, or in violation of, an aviation maintenance 
technician school certificate issued under this part.

[Doc. No. 15196, 41 FR 47230, Oct. 28, 1976]



Sec. 147.5  Application and issue.

    (a) An application for a certificate and rating, or for an 
additional rating, under this part is made on a form and in a manner 
prescribed by the Administrator, and submitted with--
    (1) A description of the proposed curriculum;
    (2) A list of the facilities and materials to be used;
    (3) A list of its instructors, including the kind of certificate and 
ratings held and the certificate numbers; and
    (4) A statement of the maximum number of students it expects to 
teach at any one time.
    (b) An applicant who meets the requirements of this part is entitled 
to an aviation maintenance technician school certificate and associated 
ratings prescribing such operations specifications and limitations as 
are necessary in the interests of safety.

[Docket No. 1157, 27 FR 6669, July 13, 1962, as amended by Amdt. 147-5, 
57 FR 28959, June 29, 1992]



Sec. 147.7  Duration of certificates.

    (a) An aviation maintenance technician school certificate or rating 
is effective until it is surrendered, suspended, or revoked.
    (b) The holder of a certificate that is surrendered, suspended, or 
revoked, shall return it to the Administrator.

[Doc. No. 1157, 27 FR 6669, July 19, 1962, as amended by Amdt. 147-3, 41 
FR 47230, Oct. 28, 1976]



                  Subpart B_Certification Requirements



Sec. 147.11  Ratings.

    The following ratings are issued under this part:
    (a) Airframe.
    (b) Powerplant.
    (c) Airframe and powerplant.



Sec. 147.13  Facilities, equipment, and material requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have at least 
the facilities, equipment, and materials specified in Sec. Sec. 147.15 
to 147.19 that are appropriate to the rating he seeks.



Sec. 147.15  Space requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have such of 
the following properly heated, lighted, and ventilated facilities as are 
appropriate to the rating he seeks and as the Administrator determines 
are appropriate for the maximum number of students expected to be taught 
at any time:
    (a) An enclosed classroom suitable for teaching theory classes.
    (b) Suitable facilities, either central or located in training 
areas, arranged to assure proper separation from the working space, for 
parts, tools, materials, and similar articles.
    (c) Suitable area for application of finishing materials, including 
paint spraying.
    (d) Suitable areas equipped with washtank and degreasing equipment 
with air pressure or other adequate cleaning equipment.
    (e) Suitable facilities for running engines.
    (f) Suitable area with adequate equipment, including benches, 
tables, and test equipment, to disassemble, service, and inspect.

[[Page 588]]

    (1) Ignition, electrical equipment, and appliances;
    (2) Carburetors and fuel systems; and
    (3) Hydraulic and vacuum systems for aircraft, aircraft engines, and 
their appliances.
    (g) Suitable space with adequate equipment, including tables, 
benches, stands, and jacks, for disassembling, inspecting, and rigging 
aircraft.
    (h) Suitable space with adequate equipment for disassembling, 
inspecting, assembling, troubleshooting, and timing engines.

[Amdt. 147-2, 35 FR 5533, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28959, June 29, 1992]



Sec. 147.17  Instructional equipment requirements.

    (a) An applicant for a mechanic school certificate and rating, or 
for an additional rating, must have such of the following instructional 
equipment as is appropriate to the rating he seeks:
    (1) Various kinds of airframe structures, airframe systems and 
components, powerplants, and powerplant systems and components 
(including propellers), of a quantity and type suitable to complete the 
practical projects required by its approved curriculums.
    (2) At least one aircraft of a type currently certificated by FAA 
for private or commercial operation, with powerplant, propeller, 
instruments, navigation and communications equipment, landing lights, 
and other equipment and accessories on which a maintenance technician 
might be required to work and with which the technician should be 
familiar.
    (b) The equipment required by paragraph (a) of this section need not 
be in an airworthy condition. However, if it was damaged, it must have 
been repaired enough for complete assembly.
    (c) Airframes, powerplants, propellers, appliances, and components 
thereof, on which instruction is to be given, and from which practical 
working experience is to be gained, must be so diversified as to show 
the different methods of construction, assembly, inspection, and 
operation when installed in an aircraft for use. There must be enough 
units so that not more than eight students will work on any one unit at 
a time.
    (d) If the aircraft used for instructional purposes does not have 
retractable landing gear and wing flaps, the school must provide 
training aids, or operational mock-ups of them.

[Doc. No. 1157, 27 FR 6669, July 19, 1962, as amended by Amdt. 147-5, 57 
FR 28959, June 29, 1992]



Sec. 147.19  Materials, special tools, and shop equipment requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have an 
adequate supply of material, special tools, and such of the shop 
equipment as are appropriate to the approved curriculum of the school 
and are used in constructing and maintaining aircraft, to assure that 
each student will be properly instructed. The special tools and shop 
equipment must be in satisfactory working condition for the purpose for 
which they are to be used.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.21  General curriculum requirements.

    (a) An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must have an 
approved curriculum that is designed to qualify his students to perform 
the duties of a mechanic for a particular rating or ratings.
    (b) The curriculum must offer at least the following number of hours 
of instruction for the rating shown, and the instruction unit hour shall 
not be less than 50 minutes in length--
    (1) Airframe--1,150 hours (400 general plus 750 airframe).
    (2) Powerplant--1,150 hours (400 general plus 750 powerplant).
    (3) Combined airframe and powerplant--1,900 hours (400 general plus 
750 airframe and 750 powerplant).
    (c) The curriculum must cover the subjects and items prescribed in 
appendixes B, C, or D, as applicable. Each item must be taught to at 
least the indicated level of proficiency, as defined in appendix A.
    (d) The curriculum must show--

[[Page 589]]

    (1) The required practical projects to be completed;
    (2) For each subject, the proportions of theory and other 
instruction to be given; and
    (3) A list of the minimum required school tests to be given.
    (e) Notwithstanding the provisions of paragraphs (a) through (d) of 
this section and Sec. 147.11, the holder of a certificate issued under 
subpart B of this part may apply for and receive approval of special 
courses in the performance of special inspection and preventive 
maintenance programs for a primary category aircraft type certificated 
under Sec. 21.24(b) of this chapter. The school may also issue 
certificates of competency to persons successfully completing such 
courses provided that all other requirements of this part are met and 
the certificate of competency specifies the aircraft make and model to 
which the certificate applies.

[Doc. No. 1157, 27 FR 6669, July 13, 1962 as amended by Amdt. 147-1, 32 
FR 5770 Apr. 11, 1967; Amdt. 147-5, 57 FR 28959, June 29, 1992; Amdt. 
147-6, 57 FR 41370, Sept. 9, 1992]



Sec. 147.23  Instructor requirements.

    An applicant for an aviation maintenance technician school 
certificate and rating, or for an additional rating, must provide the 
number of instructors holding appropriate mechanic certificates and 
ratings that the Administrator determines necessary to provide adequate 
instruction and supervision of the students, including at least one such 
instructor for each 25 students in each shop class. However, the 
applicant may provide specialized instructors, who are not certificated 
mechanics, to teach mathematics, physics, basic electricity, basic 
hydraulics, drawing, and similar subjects. The applicant is required to 
maintain a list of the names and qualifications of specialized 
instructors, and upon request, provide a copy of the list to the FAA.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



                        Subpart C_Operating Rules



Sec. 147.31  Attendance and enrollment, tests, and credit for prior 

instruction or experience.

    (a) A certificated aviation maintenance technician school may not 
require any student to attend classes of instruction more than 8 hours 
in any day or more than 6 days or 40 hours in any 7-day period.
    (b) Each school shall give an appropriate test to each student who 
completes a unit of instruction as shown in that school's approved 
curriculum.
    (c) A school may not graduate a student unless he has completed all 
of the appropriate curriculum requirements. However, the school may 
credit a student with instruction or previous experience as follows:
    (1) A school may credit a student with instruction satisfactorily 
completed at--
    (i) An accredited university, college, junior college;
    (ii) An accredited vocational, technical, trade or high school;
    (iii) A military technical school;
    (iv) A certificated aviation maintenance technician school.
    (2) A school may determine the amount of credit to be allowed--
    (i) By an entrance test equal to one given to the students who 
complete a comparable required curriculum subject at the crediting 
school;
    (ii) By an evaluation of an authenticated transcript from the 
student's former school; or
    (iii) In the case of an applicant from a military school, only on 
the basis of an entrance test.
    (3) A school may credit a student with previous aviation maintenance 
experience comparable to required curriculum subjects. It must determine 
the amount of credit to be allowed by documents verifying that 
experience, and by giving the student a test equal to the one given to 
students who complete the comparable required curriculum subject at the 
school.
    (4) A school may credit a student seeking an additional rating with 
previous satisfactory completion of the general portion of an AMTS 
curriculum.

[[Page 590]]

    (d) A school may not have more students enrolled than the number 
stated in its application for a certificate, unless it amends its 
application and has it approved.
    (e) A school shall use an approved system for determining final 
course grades and for recording student attendance. The system must show 
hours of absence allowed and show how the missed material will be made 
available to the student.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-4, 43 FR 
22643, May 25, 1978; Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.33  Records.

    (a) Each certificated aviation maintenance technician school shall 
keep a current record of each student enrolled, showing--
    (1) His attendance, tests, and grades received on the subjects 
required by this part;
    (2) The instruction credited to him under Sec. 147.31(c), if any; 
and
    (3) The authenticated transcript of his grades from that school.

It shall retain the record for at least two years after the end of the 
student's enrollment, and shall make each record available for 
inspection by the Administrator during that period.
    (b) Each school shall keep a current progress chart or individual 
progress record for each of its students, showing the practical projects 
or laboratory work completed, or to be completed, by the student in each 
subject.

[Doc. No. 1157, 27 FR 6669, July 13, 1962]



Sec. 147.35  Transcripts and graduation certificates.

    (a) Upon request, each certificated aviation maintenance technician 
school shall provide a transcript of the student's grades to each 
student who is graduated from that school or who leaves it before being 
graduated. An official of the school shall authenticate the transcript. 
The transcript must state the curriculum in which the student was 
enrolled, whether the student satisfactorily completed that curriculum, 
and the final grades the student received.
    (b) Each school shall give a graduation certificate or certificate 
of completion to each student that it graduates. An official of the 
school shall authenticate the certificate. The certificate must show the 
date of graduation and the approved curriculum title.

[Doc. No. 1157, 27 FR 6669, July 13, 1962, as amended by Amdt. 147-5, 57 
FR 28959, June 29, 1992]



Sec. 147.36  Maintenance of instructor requirements.

    Each certificated aviation maintenance technician school shall, 
after certification or addition of a rating, continue to provide the 
number of instructors holding appropriate mechanic certificates and 
ratings that the Administrator determines necessary to provide adequate 
instruction to the students, including at least one such instructor for 
each 25 students in each shop class. The school may continue to provide 
specialized instructors who are not certificated mechanics to teach 
mathematics, physics, drawing, basic electricity, basic hydraulics, and 
similar subjects.

[Amdt. 147-5, 57 FR 28959, June 29, 1992]



Sec. 147.37  Maintenance of facilities, equipment, and material.

    (a) Each certificated aviation maintenance technician school shall 
provide facilities, equipment, and material equal to the standards 
currently required for the issue of the certificate and rating that it 
holds.
    (b) A school may not make a substantial change in facilities, 
equipment, or material that have been approved for a particular 
curriculum, unless that change is approved in advance.



Sec. 147.38  Maintenance of curriculum requirements.

    (a) Each certificated aviation maintenance technician school shall 
adhere to its approved curriculum. With FAA approval, curriculum 
subjects may be taught at levels exceeding those shown in appendix A of 
this part.
    (b) A school may not change its approved curriculum unless the 
change is approved in advance.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]

[[Page 591]]



Sec. 147.38a  Quality of instruction.

    Each certificated aviation maintenance technician school shall 
provide instruction of such quality that, of its graduates of a 
curriculum for each rating who apply for a mechanic certificate or 
additional rating within 60 days after they are graduated, the 
percentage of those passing the applicable FAA written tests on their 
first attempt during any period of 24 calendar months is at least the 
percentage figured as follows:
    (a) For a school graduating fewer than 51 students during that 
period--the national passing norm minus the number 20.
    (b) For a school graduating at least 51, but fewer than 201, 
students during that period--the national passing norm minus the number 
15.
    (c) For a school graduating more than 200 students during that 
period--the national passing norm minus the number 10.

As used in this section, ``national passing norm'' is the number 
representing the percentage of all graduates (of a curriculum for a 
particular rating) of all certificated aviation maintenance technician 
schools who apply for a mechanic certificate or additional rating within 
60 days after they are graduated and pass the applicable FAA written 
tests on their first attempt during the period of 24 calendar months 
described in this section.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-3, 41 FR 
47230, Oct. 28, 1976]



Sec. 147.39  Display of certificate.

    Each holder of an aviation maintenance technician school certificate 
and ratings shall display them at a place in the school that is normally 
accessible to the public and is not obscured. The certificate must be 
available for inspection by the Administrator.



Sec. 147.41  Change of location.

    The holder of an aviation maintenance technician school certificate 
may not make any change in the school's location unless the change is 
approved in advance. If the holder desires to change the location he 
shall notify the Administrator, in writing, at least 30 days before the 
date the change is contemplated. If he changes its location without 
approval, the certificate is revoked.



Sec. 147.43  Inspection.

    The Administrator may, at any time, inspect an aviation maintenance 
technician school to determine its compliance with this part. Such an 
inspection is normally made once each six months to determine if the 
school continues to meet the requirements under which it was originally 
certificated. After such an inspection is made, the school is notified, 
in writing, of any deficiencies found during the inspection. Other 
informal inspections may be made from time to time.



Sec. 147.45  Advertising.

    (a) A certificated aviation maintenance technician school may not 
make any statement relating to itself that is false or is designed to 
mislead any person considering enrollment therein.
    (b) Whenever an aviation maintenance technician school indicates in 
advertising that it is a certificated school, it shall clearly 
distinguish between its approved courses and those that are not 
approved.



          Sec. Appendix A to Part 147--Curriculum Requirements

    This appendix defines terms used in appendices B, C, and D of this 
part, and describes the levels of proficiency at which items under each 
subject in each curriculum must be taught, as outlined in appendices B, 
C, and D.
    (a) Definitions. As used in appendices B, C, and D:
    (1) Inspect means to examine by sight and touch.
    (2) Check means to verify proper operation.
    (3) Troubleshoot means to analyze and identify malfunctions.
    (4) Service means to perform functions that assure continued 
operation.
    (5) Repair means to correct a defective condition. Repair of an 
airframe or powerplant system includes component replacement and 
adjustment, but not component repair.
    (6) Overhaul means to disassemble, inspect, repair as necessary, and 
check.
    (b) Teaching levels. (1) Level 1 requires:
    (i) Knowledge of general principles, but no practical application.
    (ii) No development of manipulative skill.
    (iii) Instruction by lecture, demonstration, and discussion.

[[Page 592]]

    (2) Level 2 requires:
    (i) Knowledge of general principles, and limited practical 
application.
    (ii) Development of sufficient manipulative skill to perform basic 
operations.
    (iii) Instruction by lecture, demonstration, discussion, and limited 
practical application.
    (3) Level 3 requires:
    (i) Knowledge of general principles, and performance of a high 
degree of practical application.
    (ii) Development of sufficient manipulative skills to simulate 
return to service.
    (iii) Instruction by lecture, demonstration, discussion, and a high 
degree of practical application.
    (c) Teaching materials and equipment. The curriculum may be 
presented utilizing currently accepted educational materials and 
equipment, including, but not limited to: calculators, computers, and 
audio-visual equipment.

[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]



        Sec. Appendix B to Part 147--General Curriculum Subjects

    This appendix lists the subjects required in at least 400 hours in 
general curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

 
Teaching
  level
 
                          a. basic electricity
 
     (2)  1. Calculate and measure capacitance and inductance.
     (2)  2. Calculate and measure electrical power.
     (3)  3. Measure voltage, current, resistance, and continuity.
     (3)  4. Determine the relationship of voltage, current, and
           resistance in electrical circuits.
     (3)  5. Read and interpret aircraft electrical circuit diagrams,
           including solid state devices and logic functions.
     (3)  6. Inspect and service batteries.
 
                          b. aircraft drawings
 
     (2)  7. Use aircraft drawings, symbols, and system schematics.
     (3)  8. Draw sketches of repairs and alterations.
     (3)  9. Use blueprint information.
     (3)  10. Use graphs and charts.
 
                          c. weight and balance
 
     (2)  11. Weigh aircraft.
     (3)  12. Perform complete weight-and-balance check and record data.
 
                       d. fluid lines and fittings
 
     (3)  13. Fabricate and install rigid and flexible fluid lines and
           fittings.
 
                       e. materials and processes
 
     (1)  14. Identify and select appropriate nondestructive testing
           methods.
     (2)  15. Perform dye penetrant, eddy current, ultrasonic, and
           magnetic particle inspections.
     (1)  16. Perform basic heat-treating processes.
     (3)  17. Identify and select aircraft hardware and materials.
     (3)  18. Inspect and check welds.
     (3)  19. Perform precision measurements.
 
                    f. ground operation and servicing
 
     (2)  20. Start, ground operate, move, service, and secure aircraft
           and identify typical ground operation hazards.
     (2)  21. Identify and select fuels.
 
                    g. cleaning and corrosion control
 
     (3)  22. Identify and select cleaning materials.
     (3)  23. Inspect, identify, remove, and treat aircraft corrosion
           and perform aircraft cleaning.
 
                             h. mathematics
 
     (3)  24. Extract roots and raise numbers to a given power.
     (3)  25. Determine areas and volumes of various geometrical shapes.
     (3)  26. Solve ratio, proportion, and percentage problems.
     (3)  27. Perform algebraic operations involving addition,
           subtraction, multiplication, and division of positive and
           negative numbers.
 
                    i. maintenance forms and records
 
     (3)  28. Write descriptions of work performed including aircraft
           discrepancies and corrective actions using typical aircraft
           maintenance records.
     (3)  29. Complete required maintenance forms, records, and
           inspection reports.
 
                            j. basic physics
 
     (2)  30. Use and understand the principles of simple machines;
           sound, fluid, and heat dynamics; basic aerodynamics; aircraft
           structures; and theory of flight.
 
                       k. maintenance publications
 
     (3)  31. Demonstrate ability to read, comprehend, and apply
           information contained in FAA and manufacturers' aircraft
           maintenance specifications, data sheets, manuals,
           publications, and related Federal Aviation Regulations,
           Airworthiness Directives, and Advisory material.
     (3)  32. Read technical data.
 
                 l. mechanic privileges and limitations
 
     (3)  33. Exercise mechanic privileges within the limitations
           prescribed by part 65 of this chapter.
 


[Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]



        Sec. Appendix C to Part 147--Airframe Curriculum Subjects

    This appendix lists the subjects required in at least 750 hours of 
each airframe curriculum, in addition to at least 400 hours in general 
curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

[[Page 593]]



                         I. Airframe Structures
 
Teaching
  level
 
                           a. wood structures
 
     (1)  1. Service and repair wood structures.
     (1)  2. Identify wood defects.
     (1)  3. Inspect wood structures.
 
                          b. aircraft covering
 
     (1)  4. Select and apply fabric and fiberglass covering materials.
     (1)  5. Inspect, test, and repair fabric and fiberglass.
 
                          c. aircraft finishes
 
     (1)  6. Apply trim, letters, and touchup paint.
     (2)  7. Identify and select aircraft finishing materials.
     (2)  8. Apply finishing materials.
     (2)  9. Inspect finishes and identify defects.
 
               d. sheet metal and non-metallic structures
 
     (2)  10. Select, install, and remove special fasteners for
           metallic, bonded, and composite structures.
     (2)  11. Inspect bonded structures.
     (2)  12. Inspect, test, and repair fiberglass, plastics, honeycomb,
           composite, and laminated primary and secondary structures.
     (2)  13. Inspect, check, service, and repair windows, doors, and
           interior furnishings.
     (3)  14. Inspect and repair sheet-metal structures.
     (3)  15. Install conventional rivets.
     (3)  16. Form, lay out, and bend sheet metal.
 
                               e. welding
 
     (1)  17. Weld magnesium and titanium.
     (1)  18. Solder stainless steel.
     (1)  19. Fabricate tubular structures.
     (2)  20. Solder, braze, gas-weld, and arc-weld steel.
     (1)  21. Weld aluminum and stainless steel.
 
                         f. assembly and rigging
 
     (1)  22. Rig rotary-wing aircraft.
     (2)  23. Rig fixed-wing aircraft.
     (2)  24. Check alignment of structures.
     (3)  25. Assemble aircraft components, including flight control
           surfaces.
     (3)  26. Balance, rig, and inspect movable primary and secondary
           flight control surfaces.
     (3)  27. Jack aircraft.
 
                         g. airframe inspection
 
     (3)  28. Perform airframe conformity and airworthiness inspections.
 


                   II. Airframe Systems and Components
 
Teaching
  level
 
                    a. aircraft landing gear systems
 
     (3)  29. Inspect, check, service, and repair landing gear,
           retraction systems, shock struts, brakes, wheels, tires, and
           steering systems.
 
                b. hydraulic and pneumatic power systems
 
     (2)  30. Repair hydraulic and pneumatic power systems components.
     (3)  31. Identify and select hydraulic fluids.
     (3)  32. Inspect, check, service, troubleshoot, and repair
           hydraulic and pneumatic power systems.
 
                   c. cabin atmosphere control systems
 
     (1)  33. Inspect, check, troubleshoot, service, and repair heating,
           cooling, air conditioning, pressurization systems, and air
           cycle machines.
     (1)  34. Inspect, check, troubleshoot, service, and repair heating,
           cooling, air-conditioning, and pressurization systems.
     (2)  35. Inspect, check, troubleshoot, service and repair oxygen
           systems.
 
                     d. aircraft instrument systems
 
     (1)  36. Inspect, check, service, troubleshoot, and repair
           electronic flight instrument systems and both mechanical and
           electrical heading, speed, altitude, temperature, pressure,
           and position indicating systems to include the use of built-
           in test equipment.
     (2)  37. Install instruments and perform a static pressure system
           leak test.
 
                 e. communication and navigation systems
 
     (1)  38. Inspect, check, and troubleshoot autopilot, servos and
           approach coupling systems.
     (1)  39. Inspect, check, and service aircraft electronic
           communication and navigation systems, including VHF passenger
           address interphones and static discharge devices, aircraft
           VOR, ILS, LORAN, Radar beacon transponders, flight management
           computers, and GPWS.
     (2)  40. Inspect and repair antenna and electronic equipment
           installations.
 
                        f. aircraft fuel systems
 
     (1)  41. Check and service fuel dump systems.
     (1)  42. Perform fuel management transfer, and defueling.
     (1)  43. Inspect, check, and repair pressure fueling systems.
     (2)  44. Repair aircraft fuel system components.
     (2)  45. Inspect and repair fluid quantity indicating systems.
     (2)  46. Troubleshoot, service, and repair fluid pressure and
           temperature warning systems.
     (3)  47. Inspect, check, service, troubleshoot, and repair aircraft
           fuel systems.
 
                     g. aircraft electrical systems
 
     (2)  48. Repair and inspect aircraft electrical system components;
           crimp and splice wiring to manufacturers' specifications; and
           repair pins and sockets of aircraft connectors.
     (3)  49. Install, check, and service airframe electrical wiring,
           controls, switches, indicators, and protective devices.
     (3)  50.a. Inspect, check, troubleshoot, service, and repair
           alternating and direct current electrical systems.
     (1)  50.b. Inspect, check, and troubleshoot constant speed and
           integrated speed drive generators.
 
                     h. position and warning systems
 
     (2)  51. Inspect, check, and service speed and configuration
           warning systems, electrical brake controls, and anti-skid
           systems.
     (3)  52. Inspect, check, troubleshoot, and service landing gear
           position indicating and warning systems.
 
                     i. ice and rain control systems
 
     (2)  53. Inspect, check, troubleshoot, service, and repair airframe
           ice and rain control systems.
 
                       j. fire protection systems
 
     (1)  54. Inspect, check, and service smoke and carbon monoxide
           detection systems.
     (3)  55. Inspect, check, service, troubleshoot, and repair aircraft
           fire detection and extinguishing systems.
 


[[Page 594]]


[Amdt. 147-2, 35 FR 5535, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28960, June 29, 1992]



       Sec. Appendix D to Part 147--Powerplant Curriculum Subjects

    This appendix lists the subjects required in at least 750 hours of 
each powerplant curriculum, in addition to at least 400 hours in general 
curriculum subjects.
    The number in parentheses before each item listed under each subject 
heading indicates the level of proficiency at which that item must be 
taught.

                  I. Powerplant Theory and Maintenance
 
Teaching
  level
 
                        a. reciprocating engines
 
     (1)  1. Inspect and repair a radial engine.
     (2)  2. Overhaul reciprocating engine.
     (3)  3. Inspect, check, service, and repair reciprocating engines
           and engine installations.
     (3)  4. Install, troubleshoot, and remove reciprocating engines.
 
                           b. turbine engines
 
     (2)  5. Overhaul turbine engine.
     (3)  6. Inspect, check, service, and repair turbine engines and
           turbine engine installations.
     (3)  7. Install, troubleshoot, and remove turbine engines.
 
                          c. engine inspection
 
     (3)  8. Perform powerplant conformity and air worthiness
           inspections.
 


                  II. Powerplant Systems and Components
 
Teaching
  level
 
                      a. engine instrument systems
 
     (2)  9. Troubleshoot, service, and repair electrical and mechanical
           fluid rate-of-flow indicating systems.
     (3)  10. Inspect, check, service, troubleshoot, and repair
           electrical and mechanical engine temperature, pressure, and
           r.p.m. indicating systems.
 
                    b. engine fire protection systems
 
     (3)  11. Inspect, check, service, troubleshoot, and repair engine
           fire detection and extinguishing systems.
 
                      c. engine electrical systems
 
     (2)  12. Repair engine electrical system components.
     (3)  13. Install, check, and service engine electrical wiring,
           controls, switches, indicators, and protective devices.
 
                         d. lubrication systems
 
     (2)  14. Identify and select lubricants.
     (2)  15. Repair engine lubrication system components.
     (3)  16. Inspect, check, service, troubleshoot, and repair engine
           lubrication systems.
 
                    e. ignition and starting systems
 
     (2)  17. Overhaul magneto and ignition harness.
     (2)  18. Inspect, service, troubleshoot, and repair reciprocating
           and turbine engine ignition systems and components.
     (3)  19.a. Inspect, service, troubleshoot, and repair turbine
           engine electrical starting systems.
     (1)  19.b. Inspect, service, and troubleshoot turbine engine
           pneumatic starting systems.
 
                        f. fuel metering systems
 
     (1)  20. Troubleshoot and adjust turbine engine fuel metering
           systems and electronic engine fuel controls.
     (2)  21. Overhaul carburetor.
     (2)  22. Repair engine fuel metering system components.
     (3)  23. Inspect, check, service, troubleshoot, and repair
           reciprocating and turbine engine fuel metering systems.
 
                         g. engine fuel systems
 
     (2)  24. Repair engine fuel system components.
     (3)  25. Inspect, check, service, troubleshoot, and repair engine
           fuel systems.
 
                 h. induction and engine airflow systems
 
     (2)  26. Inspect, check, troubleshoot, service, and repair engine
           ice and rain control systems.
     (1)  27. Inspect, check, service, troubleshoot and repair heat
           exchangers, superchargers, and turbine engine airflow and
           temperature control systems.
     (3)  28. Inspect, check, service, and repair carburetor air intake
           and induction manifolds.
 
                        i. engine cooling systems
 
     (2)  29. Repair engine cooling system components.
     (3)  30. Inspect, check, troubleshoot, service, and repair engine
           cooling systems.
 
                 j. engine exhaust and reverser systems
 
     (2)  31. Repair engine exhaust system components.
     (3)  32.a. Inspect, check, troubleshoot, service, and repair engine
           exhaust systems.
     (1)  32.b. Troubleshoot and repair engine thrust reverser systems
           and related components.
 
                              k. propellers
 
     (1)  33. Inspect, check, service, and repair propeller
           synchronizing and ice control systems.
     (2)  34. Identify and select propeller lubricants.
     (1)  35. Balance propellers.
     (2)  36. Repair propeller control system components.
     (3)  37. Inspect, check, service, and repair fixed-pitch, constant-
           speed, and feathering propellers, and propeller governing
           systems.
     (3)  38. Install, troubleshoot, and remove propellers.
     (3)  39. Repair aluminum alloy propeller blades.
 
                            l. unducted fans
 
     (1)  40. Inspect and troubleshoot unducted fan systems and
           components.
 
                        m. auxiliary power units
 
     (1)  41. Inspect, check, service, and troubleshoot turbine-driven
           auxiliary power units.
 


(Sec. 6(c), Dept. of Transportation Act; 49 U.S.C. 1655(c))

[Amdt. 147-2, 35 FR 5535, Apr. 3, 1970, as amended by Amdt. 147-5, 57 FR 
28961, June 29, 1992]

[[Page 595]]



                          SUBCHAPTER I_AIRPORTS



PART 150_AIRPORT NOISE COMPATIBILITY PLANNING--Table of Contents




                      Subpart A_General Provisions

Sec.
150.1 Scope and purpose.
150.3 Applicability.
150.5 Limitations of this part.
150.7 Definitions.
150.9 Designation of noise systems.
150.11 Identification of land uses.
150.13 Incorporations by reference.

  Subpart B_Development of Noise Exposure Maps and Noise Compatibility 
                                Programs

150.21 Noise exposure maps and related descriptions.
150.23 Noise compatibility programs.

      Subpart C_Evaluations and Determinations of Effects of Noise 
                         Compatibility Programs

150.31 Preliminary review: Acknowledgments.
150.33 Evaluation of programs.
150.35 Determinations; publications; effectivity.

Appendix A to Part 150--Noise Exposure Maps
Appendix B to Part 150--Noise Compatibility Programs

    Authority: 49 U.S.C. 106(g), 40113, 44715, 47101, 47501-47504.

    Source: Docket No. 18691, 49 FR 49269, Dec. 18, 1984, unless 
otherwise noted.



                      Subpart A_General Provisions



Sec. 150.1  Scope and purpose.

    This part prescribes the procedures, standards, and methodology 
governing the development, submission, and review of airport noise 
exposure maps and airport noise compatibility programs, including the 
process for evaluating and approving or disapproving those programs. It 
prescribes single systems for--(a) measuring noise at airports and 
surrounding areas that generally provides a highly reliable relationship 
between projected noise exposure and surveyed reaction of people to 
noise; and (b) determining exposure of individuals to noise that results 
from the operations of an airport. This part also identifies those land 
uses which are normally compatible with various levels of exposure to 
noise by individuals. It provides technical assistance to airport 
operators, in conjunction with other local, State, and Federal 
authorities, to prepare and execute appropriate noise compatibility 
planning and implementation programs.



Sec. 150.3  Applicability.

    This part applies to the airport noise compatibility planning 
activities of the operators of ``public use airports,'' including 
heliports, as that term is used in section 47501(2) as amended (49 
U.S.C. 47501 et seq.) and as defined in section 47102(17) of 49 U.S.C.

[Doc. No. FAA-2004-19158, 69 FR 57625, Sept. 24, 2004]



Sec. 150.5  Limitations of this part.

    (a) Pursuant to 49 U.S.C. 47501 et seq., this part provides for 
airport noise compatibility planning and land use programs necessary to 
the purposes of those provisions. No submittal of a map, or approval or 
disapproval, in whole or part, of any map or program submitted under 
this part is a determination concerning the acceptability or 
unacceptability of that land use under Federal, State, or local law.
    (b) Approval of a noise compatibility program under this part is 
neither a commitment by the FAA to financially assist in the 
implementation of the program, nor a determination that all measures 
covered by the program are eligible for grant-in-aid funding from the 
FAA.
    (c) Approval of a noise compatibility program under this part does 
not by itself constitute an FAA implementing action. A request for 
Federal action or approval to implement specific noise compatibility 
measures may be required, and an FAA decision on the request may require 
an environmental assessment of the proposed action, pursuant to the 
National Environmental Policy Act (42 U.S.C. 4332 et seq.) and 
guidelines.

[[Page 596]]

    (d) Acceptance of a noise exposure map does not constitute an FAA 
determination that any specific parcel of land lies within a particular 
noise contour. Responsibility for interpretation of the effects of noise 
contours upon subjacent land uses, including the relationship between 
noise contours and specific properties, rests with the sponsor or with 
other state or local government.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-4, 
69 FR 57625, Sept. 24, 2004]



Sec. 150.7  Definitions.

    As used in this part, unless the context requires otherwise, the 
following terms have the following meanings.
    Airport means any public use airport, including heliports, as 
defined by the ASNA Act, including: (a) Any airport which is used or to 
be used for public purposes, under the control of a public agency, the 
landing area of which is publicly owned; (b) any privately owned 
reliever airport; and (c) any privately owned airport which is 
determined by the Secretary to enplane annually 2,500 or more passengers 
and receive scheduled passenger service of aircraft, which is used or to 
be used for public purposes.
    Airport noise compatibility program and program mean that program, 
and all revisions thereto, reflected in documents (and revised 
documents) developed in accordance with appendix B of this part, 
including the measures proposed or taken by the airport operator to 
reduce existing noncompatible land uses and to prevent the introduction 
of additional noncompatible land uses within the area.
    Airport Operator means, the operator of an airport as defined in the 
ASNA Act.
    ASNA Act means 49 U.S.C. 47501 et seq.
    Average sound level means the level, in decibels, of the mean-
square, A-weighted sound pressure during a specified period, with 
reference to the square of the standard reference sound pressure of 20 
micropascals.
    Compatible land use means the use of land that is identified under 
this part as normally compatible with the outdoor noise environment (or 
an adequately attenuated noise level reduction for any indoor activities 
involved) at the location because the yearly day-night average sound 
level is at or below that identified for that or similar use under 
appendix A (Table 1) of this part.
    Day-night average sound level (DNL) means the 24-hour average sound 
level, in decibels, for the period from midnight to midnight, obtained 
after the addition of ten decibels to sound levels for the periods 
between midnight and 7 a.m., and between 10 p.m., and midnight, local 
time. The symbol for DNL is Ldn.
    Noise exposure map means a scaled, geographic depiction of an 
airport, its noise contours, and surrounding area developed in 
accordance with section A150.1 of Appendix A of this part, including the 
accompanying documentation setting forth the required descriptions of 
forecast aircraft operations at that airport during the fifth calendar 
year (or later) beginning after submission of the map, together with the 
ways, if any, those operations will affect the map (including noise 
contours and the forecast land uses).
    Noise level reduction (NLR) means the amount of noise level 
reduction in decibels achieved through incorporation of noise 
attenuation (between outdoor and indoor levels) in the design and 
construction of a structure.
    Noncompatible land use means the use of land that is identified 
under this part as normally not compatible with the outdoor noise 
environment (or an adequately attenuated noise reduction level for the 
indoor activities involved at the location) because the yearly day-night 
average sound level is above that identified for that or similar use 
under appendix A (Table 1) of this part.
    Regional Airports Division Manager means the Airports Division 
Manager having responsibility for the geographic area in which the 
airport in question is located.
    Restriction affecting flight procedures means any requirement, 
limitation, or other action affecting the operation of aircraft, in the 
air or on the ground.
    Sound exposure level means the level, in decibels, of the time 
integral of squared A-weighted sound pressure during a specified period 
or event, with reference to the square of the standard reference sound 
pressure of 20

[[Page 597]]

micropascals and a duration of one second.
    Yearly day-night average sound level (YDNL) means the 365-day 
average, in decibels, day-night average sound level. The symbol for YDNL 
is also Ldn.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-1, 
53 FR 8724, Mar. 16, 1988; 53 FR 9726, Mar. 24, 1988; Amdt. 150-2, 54 FR 
39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57625, Sept. 24, 2004]



Sec. 150.9  Designation of noise systems.

    For purposes of this part, the following designations apply:
    (a) The noise at an airport and surrounding areas covered by a noise 
exposure map must be measured in A-weighted sound pressure level 
(LA) in units of decibels (dBA) in accordance with the 
specifications and methods prescribed under appendix A of this part.
    (b) The exposure of individuals to noise resulting from the 
operation of an airport must be established in terms of yearly day-night 
average sound level (YDNL) calculated in accordance with the 
specifications and methods prescribed under appendix A of this part.
    (c) Uses of computer models to create noise contours must be in 
accordance with the criteria prescribed under appendix A of this part.



Sec. 150.11  Identification of land uses.

    For the purposes of this part, uses of land which are normally 
compatible or noncompatible with various noise exposure levels to 
individuals around airports must be identified in accordance with the 
criteria prescribed under appendix A of this part. Determination of land 
use must be based on professional planning criteria and procedures 
utilizing comprehensive, or master, land use planning, zoning, and 
building and site designing, as appropriate. If more than one current or 
future land use is permissible, determination of compatibility must be 
based on that use most adversely affected by noise.



Sec. 150.13  Incorporations by reference.

    (a) General. This part prescribes certain standards and procedures 
which are not set forth in full text in the rule. Those standards and 
procedures are hereby incorporated by reference and were approved for 
incorporation by reference by the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51.
    (b) Changes to incorporated matter. Incorporated matter which is 
subject to subsequent change is incorporated by reference according to 
the specific reference and to the identification statement. Adoption of 
any subsequent change in incorporated matter that affects compliance 
with standards and procedures of this part will be made under 14 CFR 
part 11 and 1 CFR part 51.
    (c) Identification statement. The complete title or description 
which identifies each published matter incorporated by reference in this 
part is as follows:

    International Electrotechnical Commission (IEC) Publication No. 179, 
entitled ``Precision Sound Level Meters,'' dated 1973.

    (d) Availability for purchase. Published material incorporated by 
reference in this part may be purchased at the price established by the 
publisher or distributor at the following mailing addresses.

    IEC publications:
    (1) The Bureau Central de la Commission Electrotechnique, 
Internationale, 1, rue de Varembe, Geneva, Switzerland.
    (2) American National Standards Institute, 1430 Broadway, New York, 
NY 10018.

    (e) Availability for inspection. A copy of each publication 
incorporated by reference in this part is available for public 
inspection at the following locations:
    (1) FAA Office of the Chief Counsel, Rules Docket, AGC-200, Federal 
Aviation Administration Headquarters Building, 800 Independence Avenue, 
SW., Washington, DC 20591.
    (2) The respective Regional Offices of the Federal Aviation 
Administration as follows. The most current mailing address, phone 
numbers, and States covered by each region are available on the FAA's 
Web site at http://www.faa.gov/arp/index.cfm?nav=hq.
    (i) New England Regional Office, 12 New England Executive Park, 
Burlington, Massachusetts 01803.
    (ii) Eastern Regional Office, Airports Division, 1 Aviation Plaza, 
Jamaica, NY 11434-4809.

[[Page 598]]

    (iii) Southern Regional Office, Federal Aviation Administration, 
ATTN: ASO-600, P.O. Box 20636, Atlanta, GA 30320-0631.
    (iv) Great Lakes Regional Office, 2300 East Devon, Des Plaines, 
Illinois 60018.
    (v) Central Regional Office, Federal Aviation Administration, ACE-
600, 901 Locust, Kansas City, MO 64106-2325.
    (vi) Southwest Regional Office, Federal Aviation Administration, 
2601 Meacham Blvd., Fort Worth, TX 76137-4298.
    (vii) Northwest Mountain Regional Office, Federal Aviation 
Administration, Airports Division, 1601 Lind Avenue SW., Suite 315, 
Renton, WA 98055-4056.
    (viii) Western Pacific Regional Office, 15000 Aviation Boulevard, 
Hawthorne, California (P.O. Box 92007, Worldway Postal Center, Los 
Angeles) 90009.
    (ix) Alaskan Regional Office, 222 W. 7th Avenue 14, 
Anchorage, AK 9951.
    (3) 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.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989; 69 FR 18803, Apr. 9, 2004; Amdt. 150-4, 69 
FR 57625, Sept. 24, 2004; 72 FR 68475, Dec. 5, 2007]



  Subpart B_Development of Noise Exposure Maps and Noise Compatibility 
                                Programs



Sec. 150.21  Noise exposure maps and related descriptions.

    (a) Each airport operator may after completion of the consultations 
and public procedure specified under paragraph (b) of this section 
submit to the Regional Airports Division Manager five copies of the 
noise exposure map (or revised map) which identifies each noncompatible 
land use in each area depicted on the map, as of the date of submission, 
and five copies of a map each with accompanying documentation setting 
forth--
    (1) The noise exposure based on forecast aircraft operations at the 
airport for a forecast period that is at least 5 years in the future, 
beginning after the date of submission (based on reasonable assumptions 
concerning future type and frequency of aircraft operations, number of 
nighttime operations, flight patterns, airport layout including any 
planned airport development, planned land use changes, and demographic 
changes in the surrounding areas); and
    (2) The nature and extent, if any, to which those forecast 
operations will affect the compatibility and land uses depicted on the 
map.
    (b) Each map, and related documentation submitted under this section 
must be developed and prepared in accordance with appendix A of this 
part, or an FAA approved equivalent, and in consultation with states, 
and public agencies and planning agencies whose area, or any portion of 
whose area, of jurisdiction is within the Ldn 65 dB contour 
depicted on the map, FAA regional officials, and other Federal officials 
having local responsibility for land uses depicted on the map. This 
consultation must include regular aeronautical users of the airport. The 
airport operator shall certify that it has afforded interested persons 
adequate opportunity to submit their views, data, and comments 
concerning the correctness and adequacy of the draft noise exposure map 
and descriptions of forecast aircraft operations. Each map and revised 
map must be accompanied by documentation describing the consultation 
accomplished under this paragraph and the opportunities afforded the 
public to review and comment during the development of the map. One copy 
of all written comments received during consultation shall also be filed 
with the Regional Airports Division Manager.
    (c) The Regional Airports Division Manager acknowledges receipt of 
noise exposure maps and descriptions and indicates whether they are in 
compliance with the applicable requirements. The Regional Airports 
Division Manager publishes in the Federal Register a notice of 
compliance for each such noise exposure map and description, identifying 
the airport involved. Such notice includes information as to when

[[Page 599]]

and where the map and related documentation are available for public 
inspection.
    (d) The airport operator shall, in accordance with this section, 
promptly prepare and submit a revised noise exposure map.
    (1) If, after submission of a noise exposure map under paragraph (a) 
of this section, any change in the operation of the airport would create 
any ``substantial, new noncompatible use'' in any area depicted on the 
map beyond that which is forecast for a period of at least five years 
after the date of submission, the airport operator shall, in accordance 
with this section, promptly prepare and submit a revised noise exposure 
map. A change in the operation of an airport creates a substantial new 
noncompatible use if that change results in an increase in the yearly 
day-night average sound level of 1.5 dB or greater in either a land area 
which was formerly compatible but is thereby made noncompatible under 
Appendix A (Table 1), or in a land area which was previously determined 
to be noncompatible under that Table and whose noncompatibility is now 
significantly increased.
    (2) If, after submission of a noise exposure map under paragraph (a) 
of this section, any change in the operation of the airport would 
significantly reduce noise over existing noncompatible uses that is not 
reflected in either the existing conditions or forecast noise exposure 
map on file with the FAA, the airport operator shall, in accordance with 
this section, promptly prepare and submit a revised noise exposure map. 
A change in the operation of the airport creates a significant reduction 
in noise over existing noncompatible uses if that change results in a 
decrease in the yearly day-night average sound level of 1.5 dB or 
greater in a land area which was formerly noncompatible but is thereby 
made compatible under Appendix A (Table 1).
    (3) Such updating of the map shall include a reassessment of those 
areas excluded under section A150.101(e)(5) of Appendix A because of 
high ambient noise levels.
    (4) If the forecast map is based on assumptions involving 
recommendations in a noise compatibility program which are subsequently 
disapproved by the FAA, a revised map must be submitted if revised 
assumptions would create a substantial, new noncompatible use not 
indicated on the forecast map. Revised noise exposure maps are subject 
to the same requirements and procedures as initial submissions of noise 
exposure maps under this part.
    (e) Each map, or revised map, and description of consultation and 
opportunity for public comment, submitted to the FAA, must be certified 
as true and complete under penalty of 18 U.S.C. 1001.
    (f)(1) Title 49, section 47506 provides that no person who acquires 
property or an interest therein after the date of enactment of the Act 
in an area surrounding an airport with respect to which a noise exposure 
map has been submitted under section 47503 of the Act shall be entitled 
to recover damages with respect to the noise attributable to such 
airport if such person had actual or constructive knowledge of the 
existence of such noise exposure map unless, in addition to any other 
elements for recovery of damages, such person can show that--

No person who acquires property or an interest therein after the date of 
enactment of the Act in an area surrounding an airport with respect to 
which a noise exposure map has been submitted under section 103 of the 
Act shall be entitled to recover damages with respect to the noise 
attributable to such airport if such person had actual or constructive 
knowledge of the existence of such noise exposure map unless, in 
addition to any other elements for recovery of damages, such person can 
show that--
    (i) A significant change in the type or frequency of aircraft 
operations at the airport; or
    (ii) A significant change in the airport layout; or
    (iii) A significant change in the flight patterns; or
    (iv) A significant increase in nighttime operations; occurred after 
the date of the acquisition of such property or interest therein and 
that the damages for which recovery is sought have resulted from any 
such change or increase.''

    (f)(2) Title 49 section 47506(b) further provides:

That for this purpose, ``constructive knowledge'' shall be imputed, at a 
minimum, to

[[Page 600]]

any person who acquires property or an interest therein in an area 
surrounding an airport after the date of enactment of the Act if--
    (i) Prior to the date of such acquisition, notice of the existence 
of a noise exposure map for such area was published at least three times 
in a newspaper of general circulation in the county in which such 
property is located; or
    (ii) A copy of such noise exposure map is furnished to such person 
at the time of such acquisition.

    (g) For this purpose, the term significant in paragraph (f) of this 
section means that change or increase in one or more of the four factors 
which results in a ``substantial new noncompatible use'' as defined in 
Sec. 150.21(d), affecting the property in issue. Responsibility for 
applying or interpreting this provision with respect to specific 
properties rests with local government.

[Doc. No. 18691, 49 FR 49269, Dec. 1, 1984; 50 FR 5063, Feb. 6, 1985; 
Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, 
Sept. 24, 2004]



Sec. 150.23  Noise compatibility programs.

    (a) Any airport operator who has submitted an acceptable noise 
exposure map under Sec. 150.21 may, after FAA notice of acceptability 
and other consultation and public procedure specified under paragraphs 
(b) and (c) of this section, as applicable, submit to the Regional 
Airports Division Manager five copies of a noise compatibility program.
    (b) An airport operator may submit the noise compatibility program 
at the same time as the noise exposure map. In this case, the Regional 
Airports Division Manager will not begin the statutory 180-day review 
period (for the program) until after FAA reviews the noise exposure map 
and finds that it and its supporting documentation are in compliance 
with the applicable requirements.
    (c) Each noise compatibility program must be developed and prepared 
in accordance with appendix B of this part, or an FAA approved 
equivalent, and in consultation with FAA regional officials, the 
officials of the state and of any public agencies and planning agencies 
whose area, or any portion or whose area, of jurisdiction within the 
Ldn 65 dB noise contours is depicted on the noise exposure 
map, and other Federal officials having local responsibility of land 
uses depicted on the map. Consultation with FAA regional officials shall 
include, to the extent practicable, informal agreement from FAA on 
proposed new or modified flight procedures. For air carrier airports, 
consultation must include any air carriers and, to the extent 
practicable, other aircraft operators using the airport. For other 
airports, consultation must include, to the extent practicable, aircraft 
operators using the airport.
    (d) Prior to and during the development of a program, and prior to 
submission of the resulting draft program to the FAA, the airport 
operator shall afford adequate opportunity for the active and direct 
participation of the States, public agencies and planning agencies in 
the areas surrounding the airport, aeronautical users of the airport, 
the airport operator, and the general public to submit their views, 
data, and comments on the formulation and adequacy of that program. 
Prior to submitting the program to the FAA, the airport operator shall 
also provide notice and the opportunity for a public hearing.
    (e) Each noise compatibility program submitted to the FAA must 
consist of at least the following:
    (1) A copy of the noise exposure map and its supporting 
documentation as found in compliance with the applicable requirements by 
the FAA, per Sec. 150.21(c).
    (2) A description and analysis of the alternative measures 
considered by the airport operator in developing the program, together 
with a discussion of why each rejected measure was not included in the 
program.
    (3) Program measures proposed to reduce or eliminate present and 
future noncompatible land uses and a description of the relative 
contribution of each of the proposed measures to the overall 
effectiveness of the program.
    (4) A description of public participation and the consultation with 
officials of public agencies and planning agencies in areas surrounding 
the airport, FAA regional officials and other Federal officials having 
local responsibility for land uses depicted on the

[[Page 601]]

map, any air carriers and other users of the airport.
    (5) The actual or anticipated effect of the program on reducing 
noise exposure to individuals and noncompatible land uses and preventing 
the introduction of additional noncompatible uses within the area 
covered by the noise exposure map. The effects must be based on 
expressed assumptions concerning the type and frequency of aircraft 
operations, number of nighttime operations, flight patterns, airport 
layout including planned airport development, planned land use changes, 
and demographic changes within the Ldn 65 dB noise contours.
    (6) A description of how the proposed future actions may change any 
noise control or compatibility plans or actions previously adopted by 
the airport proprietor.
    (7) A summary of the comments at any public hearing on the program 
and a copy of all written material submitted to the operator under 
paragraphs (c) and (d) of this section, together with the operator's 
response and disposition of those comments and materials to demonstrate 
the program is feasible and reasonably consistent with obtaining the 
objectives of airport noise compatibility planning under this part.
    (8) The period covered by the program, the schedule for 
implementation of the program, the persons responsible for 
implementation of each measure in the program, and, for each measure, 
documentation supporting the feasibility of implementation, including 
any essential governmental actions, costs, and anticipated sources of 
funding, that will demonstrate that the program is reasonably consistent 
with achieving the goals of airport noise compatibility planning under 
this part.
    (9) Provision for revising the program if made necessary by revision 
of the noise exposure map.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5063, Feb. 6, 1985; 
Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, 
Sept. 24, 2004]



      Subpart C_Evaluations and Determinations of Effects of Noise 
                         Compatibility Programs



Sec. 150.31  Preliminary review: Acknowledgments.

    (a) Upon receipt of a noise compatibility program submitted under 
Sec. 150.23, the Regional Airports Division Manager acknowledges to the 
airport operator receipt of the program and conducts a preliminary 
review of the submission.
    (b) If, based on the preliminary review, the Regional Airports 
Division Manager finds that the submission does not conform to the 
requirements of this part, he disapproves and returns the unacceptable 
program to the airport operator for reconsideration and development of a 
program in accordance with this part.
    (c) If, based on the preliminary review, the Regional Airports 
Division Manager finds that the program conforms to the requirements of 
this part, the Regional Airports Division Manager publishes in the 
Federal Register a notice of receipt of the program for comment which 
indicates the following:
    (1) The airport covered by the program, and the date of receipt.
    (2) The availability of the program for examination in the offices 
of the Regional Airports Division Manager and the airport operator.
    (3) That comments on the program are invited and, will be considered 
by the FAA.
    (d) The date of signature of the published notice of receipt starts 
the 180-day approval period for the program.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]



Sec. 150.33  Evaluation of programs.

    (a) The FAA conducts an evaluation of each noise compatibility 
program and, based on that evaluation, either approves or disapproves 
the program. The evaluation includes consideration of proposed measures 
to determine whether they--
    (1) May create an undue burden on interstate or foreign commerce 
(including unjust discrimination);

[[Page 602]]

    (2) Are reasonably consistent with obtaining the goal of reducing 
existing noncompatible land uses and preventing the introduction of 
additional noncompatible land uses; and
    (3) Include the use of new or modified flight procedures to control 
the operation of aircraft for purposes of noise control, or affect 
flight procedures in any way.
    (b) The evaluation may also include an evaluation of those proposed 
measures to determine whether they may adversely affect the exercise of 
the authority and responsibilities of the Administrator under the 
Federal Aviation Act of 1958, as amended.
    (c) To the extent considered necessary, the FAA may--
    (1) Confer with the airport operator and other persons known to have 
information and views material to the evaluation;
    (2) Explore the objectives of the program and the measures, and any 
alternative measures, for achieving the objectives.
    (3) Examine the program for developing a range of alternatives that 
would eliminate the reasons, if any, for disapproving the program.
    (4) Convene an informal meeting with the airport operator and other 
persons involved in developing or implementing the program for the 
purposes of gathering all facts relevant to the determination of 
approval or disapproval of the program and of discussing any needs to 
accommodate or modify the program as submitted.
    (d) If requested by the FAA, the airport operator shall furnish all 
information needed to complete FAA's review under (c).
    (e) An airport operator may, at any time before approval or 
disapproval of a program, withdraw or revise the program. If the airport 
operator withdraws or revises the program or indicates to the Regional 
Airports Division Manager, in writing, the intention to revise the 
program, the Regional Airports Division Manager terminates the 
evaluation and notifies the airport operator of that action. That 
termination cancels the 180-day review period. The FAA does not evaluate 
a second program for any airport until any previously submitted program 
has been withdrawn or a determination on it is issued. A new evaluation 
is commenced upon receipt of a revised program, and a new 180-day 
approval period is begun, unless the Regional Airports Division Manager 
finds that the modification made, in light of the overall revised 
program, can be integrated into the unmodified portions of the revised 
program without exceeding the original 180-day approval period or 
causing undue expense to the government.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989]



Sec. 150.35  Determinations; publications; effectivity.

    (a) The FAA issues a determination approving or disapproving each 
airport noise compatibility program (and revised program). Portions of a 
program may be individually approved or disapproved. No conditional 
approvals will be issued. A determination on a program acceptable under 
this part is issued within 180 days after the program is received under 
Sec. 150.23 of this part or it may be considered approved, except that 
this time period may be exceeded for any portion of a program relating 
to the use of flight procedures for noise control purposes. A 
determination on portions of a program covered by the exceptions to the 
180-day review period for approval will be issued within a reasonable 
time after receipt of the program. Determinations relating to the use of 
any flight procedure for noise control purposes may be issued either in 
connection with the determination on other portions of the program or 
separately. Except as provided by this paragraph, no approval of any 
noise compatibility program, or any portion of a program, may be implied 
in the absence of the FAA's express approval.
    (b) The Administrator approves programs under this part, if--
    (1) It is found that the program measures to be implemented would 
not create an undue burden on interstate or foreign commerce (including 
any unjust discrimination) and are reasonably consistent with achieving 
the goals of reducing existing noncompatible land

[[Page 603]]

uses around the airport and of preventing the introduction of additional 
noncompatible land uses;
    (2) The program provides for revision if made necessary by the 
revision of the noise map; and
    (3) Those aspects of programs relating to the use of flight 
procedures for noise control can be implemented within the period 
covered by the program and without--
    (i) Reducing the level of aviation safety provided;
    (ii) Derogating the requisite level of protection for aircraft, 
their occupants and persons and property on the ground;
    (iii) Adversely affecting the efficient use and management of the 
Navigable Airspace and Air Traffic Control Systems; or
    (iv) Adversely affecting any other powers and responsibilities of 
the Administrator prescribed by law or any other program, standard, or 
requirement established in accordance with law.
    (c) When a determination is issued, the Regional Airports Division 
Manager notifies the airport operator and publishes a notice of approval 
or disapproval in the Federal Register identifying the nature and extent 
of the determination.
    (d) Approvals issued under this part for a program or portion 
thereof become effective as specified therein and may be withdrawn when 
one of the following occurs:
    (1) The program or portion thereof is required to be revised under 
this part or under its own terms, and is not so revised;
    (2) If a revision has been submitted for approval, a determination 
is issued on the revised program or portion thereof, that is 
inconsistent with the prior approval.
    (3) A term or condition of the program, or portion thereof, or its 
approval is violated by the responsible government body.
    (4) A flight procedure or other FAA action upon which the approved 
program or portion thereof is dependent is subsequently disapproved, 
significantly altered, or rescinded by the FAA.
    (5) The airport operator requests rescission of the approval.
    (6) Impacts on flight procedures, air traffic management, or air 
commerce occur which could not be foreseen at the time of approval.

A determination may be sooner rescinded or modified for cause with at 
least 30 days written notice to the airport operator of the FAA's 
intention to rescind or modify the determination for the reasons stated 
in the notice. The airport operator may, during the 30-day period, 
submit to the Regional Airports Division Manager for consideration any 
reasons and circumstances why the determination should not be rescinded 
or modified on the basis stated in the notice of intent. Thereafter, the 
FAA either rescinds or modifies the determination consistent with the 
notice or withdraws the notice of intent and terminates the action.
    (e) Determinations may contain conditions which must be satisfied 
prior to implementation of any portion of the program relating to flight 
procedures affecting airport or aircraft operations.
    (f) Noise exposure maps for current and forecast year map conditions 
that are submitted and approved with noise compatibility programs are 
considered to be the new FAA accepted noise exposure maps for purposes 
of part 150.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 
54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, Sept. 24, 2004]



            Sec. Appendix A to Part 150--Noise Exposure Maps

                             Part A--General

Sec. A150.1 Purpose.
Sec. A150.3 Noise descriptors.
Sec. A150.5 Noise measurement procedures and equipment.

                 Part B--Noise Exposure Map Development

Sec. A150.101 Noise contours and land usages.
Sec. A150.103 Use of computer prediction model.
Sec. A150.105 Identification of public agencies and planning agencies.

                    Part C--Mathematical Descriptions

Sec. A150.201 General.
Sec. A150.203 Symbols.
Sec. A150.205 Mathematical computations.

[[Page 604]]

                             Part A--General

                          Sec. A150.1 Purpose.

    (a) This appendix establishes a uniform methodology for the 
development and preparation of airport noise exposure maps. That 
methodology includes a single system of measuring noise at airports for 
which there is a highly reliable relationship between projected noise 
exposure and surveyed reactions of people to noise along with a separate 
single system for determining the exposure of individuals to noise. It 
also identifies land uses which, for the purpose of this part are 
considered to be compatible with various exposures of individuals to 
noise around airports.
    (b) This appendix provides for the use of the FAA's Integrated Noise 
Model (INM) or an FAA approved equivalent, for developing standardized 
noise exposure maps and predicting noise impacts. Noise monitoring may 
be utilized by airport operators for data acquisition and data 
refinement, but is not required by this part for the development of 
noise exposure maps or airport noise compatibility programs. Whenever 
noise monitoring is used, under this part, it should be accomplished in 
accordance with Sec. A150.5 of this appendix.

                     Sec. A150.3 Noise descriptors.

    (a) Airport Noise Measurement. The A-Weighted Sound Level, measured, 
filtered and recorded in accordance with Sec. A150.5 of this appendix, 
must be employed as the unit for the measurement of single event noise 
at airports and in the areas surrounding the airports.
    (b) Airport Noise Exposure. The yearly day-night average sound level 
(YDNL) must be employed for the analysis and characterization of 
multiple aircraft noise events and for determining the cumulative 
exposure of individuals to noise around airports.

         Sec. A150.5 Noise measurement procedures and equipment.

    (a) Sound levels must be measured or analyzed with equipment having 
the ``A'' frequency weighting, filter characteristics, and the ``slow 
response'' characteristics as defined in International Electrotechnical 
Commission (IEC) Publication No. 179, entitled ``Precision Sound Level 
Meters'' as incorporated by reference in part 150 under Sec. 150.11. 
For purposes of this part, the tolerances allowed for general purpose, 
type 2 sound level meters in IEU 179, are acceptable.
    (b) Noise measurements and documentation must be in accordance with 
accepted acoustical measurement methodology, such as those described in 
American National Standards Institute publication ANSI 51.13, dated 1971 
as revised 1979, entitled ``ANS--Methods for the Measurement of Sound 
Pressure Levels''; ARP No. 796, dated 1969, entitled ``Measurement of 
Aircraft Exterior Noise in the Field''; ``Handbook of Noise 
Measurement,'' Ninth Ed. 1980, by Arnold P.G. Peterson; or ``Acoustic 
Noise Measurement,'' dated Jan., 1979, by J.R. Hassell and K. Zaveri. 
For purposes of this part, measurements intended for comparison to a 
State or local standard or with another transportation noise source 
(including other aircraft) must be reported in maximum A-weighted sound 
levels (LAM); for computation or validation of the yearly 
day-night average level (Ldn), measurements must be reported 
in sound exposure level (LAE), as defined in Sec. A150.205 of 
this appendix.

                 Part B--Noise Exposure Map Development

              Sec. A150.101 Noise contours and land usages.

    (a) To determine the extent of the noise impact around an airport, 
airport proprietors developing noise exposure maps in accordance with 
this part must develop Ldn contours. Continuous contours must 
be developed for YDNL levels of 65, 70, and 75 (additional contours may 
be developed and depicted when appropriate). In those areas where YDNL 
values are 65 YDNL or greater, the airport operator shall identify land 
uses and determine land use compatibility in accordance with the 
standards and procedures of this appendix.
    (b) Table 1 of this appendix describes compatible land use 
information for several land uses as a function of YDNL values. The 
ranges of YDNL values in Table 1 reflect the statistical variability for 
the responses of large groups of people to noise. Any particular level 
might not, therefore, accurately assess an individual's perception of an 
actual noise environment. Compatible or noncompatible land use is 
determined by comparing the predicted or measured YDNL values at a site 
with the values given. Adjustments or modifications of the descriptions 
of the land-use categories may be desirable after consideration of 
specific local conditions.
    (c) Compatibility designations in Table 1 generally refer to the 
major use of the site. If other uses with greater sensitivity to noise 
are permitted by local government at a site, a determination of 
compatibility must be based on that use which is most adversely affected 
by noise. When appropriate, noise level reduction through incorporation 
of sound attenuation into the design and construction of a structure may 
be necessary to achieve compatibility.
    (d) For the purpose of compliance with this part, all land uses are 
considered to be compatible with noise levels less than Ldn 
65 dB. Local needs or values may dictate further delineation based on 
local requirements or determinations.

[[Page 605]]

    (e) Except as provided in (f) below, the noise exposure maps must 
also contain and indentify:
    (1) Runway locations.
    (2) Flight tracks.
    (3) Noise contours of Ldn 65, 70, and 75 dB resulting 
from aircraft operations.
    (4) Outline of the airport boundaries.
    (5) Noncompatible land uses within the noise contours, including 
those within the Ldn 65 dB contours. (No land use has to be 
identified as noncompatible if the self-generated noise from that use 
and/or the ambient noise from other nonaircraft and nonairport uses is 
equal to or greater than the noise from aircraft and airport sources.)
    (6) Location of noise sensitive public buildings (such as schools, 
hospitals, and health care facilities), and properties on or eligible 
for inclusion in the National Register of Historic Places.
    (7) Locations of any aircraft noise monitoring sites utilized for 
data acquisition and refinement procedures.
    (8) Estimates of the number of people residing within the 
Ldn 65, 70, and 75 dB contours.
    (9) Depiction of the required noise contours over a land use map of 
a sufficient scale and quality to discern streets and other identifiable 
geographic features.
    (f) Notwithstanding any other provision of this part, noise exposure 
maps prepared in connection with studies which were either Federally 
funded or Federally approved and which commenced before October 1, 1981, 
are not required to be modified to contain the following items:
    (1) Flight tracks depicted on the map.
    (2) Use of ambient noise to determine land use compatibility.
    (3) The Ldn 70 dB noise contour and data related to 
Ldn 70 dB contour. When determinations on land use 
compatibility using Table 1 differ between Ldn 65-70 dB and 
the Ldn 70-75 dB, determinations should either use the more 
conservative Ldn 70-75 dB column or reflect determinations 
based on local needs and values.
    (4) Estimates of the number of people residing within the 
Ldn 65, 70, and 75 dB contours.

                   TABLE 1--Land Use Compatibility* With Yearly Day-Night Average Sound Levels
----------------------------------------------------------------------------------------------------------------
                                             Yearly day-night average sound level (Ldn) in decibels
           Land use            ---------------------------------------------------------------------------------
                                  Below 65        65-70         70-75         75-80        80-85       Over 85
----------------------------------------------------------------------------------------------------------------
          Residential
 
Residential, other than mobile  Y             N(1)          N(1)          N             N            N
 homes and transient lodgings.
Mobile home parks.............  Y             N             N             N             N            N
Transient lodgings............  Y             N(1)          N(1)          N(1)          N            N
 
          Public Use
 
Schools.......................  Y             N(1)          N(1)          N             N            N
Hospitals and nursing homes...  Y             25            30            N             N            N
Churches, auditoriums, and      Y             25            30            N             N            N
 concert halls.
Governmental services.........  Y             Y             25            30            N            N
Transportation................  Y             Y             Y(2)          Y(3)          Y(4)         Y(4)
Parking.......................  Y             Y             Y(2)          Y(3)          Y(4)         N
 
        Commercial Use
 
Offices, business and           Y             Y             25            30            N            N
 professional.
Wholesale and retail--building  Y             Y             Y(2)          Y(3)          Y(4)         N
 materials, hardware and farm
 equipment.
Retail trade--general.........  Y             Y             25            30            N            N
Utilities.....................  Y             Y             Y(2)          Y(3)          Y(4)         N
Communication.................  Y             Y             25            30            N            N
 
 Manufacturing and Production
 
Manufacturing, general........  Y             Y             Y(2)          Y(3)          Y(4)         N
Photographic and optical......  Y             Y             25            30            N            N
Agriculture (except livestock)  Y             Y(6)          Y(7)          Y(8)          Y(8)         Y(8)
 and forestry.
Livestock farming and breeding  Y             Y(6)          Y(7)          N             N            N
Mining and fishing, resource    Y             Y             Y             Y             Y            Y
 production and extraction.
 
         Recreational
 
Outdoor sports arenas and       Y             Y(5)          Y(5)          N             N            N
 spectator sports.
Outdoor music shells,           Y             N             N             N             N            N
 amphitheaters.
Nature exhibits and zoos......  Y             Y             N             N             N            N
Amusements, parks, resorts and  Y             Y             Y             N             N            N
 camps.
Golf courses, riding stables    Y             Y             25            30            N            N
 and water recreation.
----------------------------------------------------------------------------------------------------------------
Numbers in parentheses refer to notes.
 

[[Page 606]]

 
*The designations contained in this table do not constitute a Federal determination that any use of land covered
  by the program is acceptable or unacceptable under Federal, State, or local law. The responsibility for
  determining the acceptable and permissible land uses and the relationship between specific properties and
  specific noise contours rests with the local authorities. FAA determinations under part 150 are not intended
  to substitute federally determined land uses for those determined to be appropriate by local authorities in
  response to locally determined needs and values in achieving noise compatible land uses.
 
Key to Table 1
 
SLUCM=Standard Land Use Coding Manual.
Y (Yes)=Land Use and related structures compatible without restrictions.
N (No)=Land Use and related structures are not compatible and should be prohibited.
NLR=Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the
  design and construction of the structure.
25, 30, or 35=Land use and related structures generally compatible; measures to achieve NLR of 25, 30, or 35 dB
  must be incorporated into design and construction of structure.
 
Notes for Table 1
 
(1) Where the community determines that residential or school uses must be allowed, measures to achieve outdoor
  to indoor Noise Level Reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes
  and be considered in individual approvals. Normal residential construction can be expected to provide a NLR of
  20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and
  normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will
  not eliminate outdoor noise problems.
(2) Measures to achieve NLR 25 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is
  low.
(3) Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is
  low.
(4) Measures to achieve NLR 35 dB must be incorporated into the design and construction of portions of these
  buildings where the public is received, office areas, noise sensitive areas or where the normal level is low.
(5) Land use compatible provided special sound reinforcement systems are installed.
(6) Residential buildings require an NLR of 25.
(7) Residential buildings require an NLR of 30.
(8) Residential buildings not permitted.

             Sec. A150.103 Use of computer prediction model.

    (a) The airport operator shall acquire the aviation operations data 
necessary to develop noise exposure contours using an FAA approved 
methodology or computer program, such as the Integrated Noise Model 
(INM) for airports or the Heliport Noise Model (HNM) for heliports. In 
considering approval of a methodology or computer program, key factors 
include the demonstrated capability to produce the required output and 
the public availability of the program or methodology to provide 
interested parties the opportunity to substantiate the results.
    (b) Except as provided in paragraph (c) of this section, the 
following information must be obtained for input to the calculation of 
noise exposure contours:
    (1) A map of the airport and its environs at an adequately detailed 
scale (not less than 1 inch to 2,000 feet) indicating runway length, 
alignments, landing thresholds, takeoff start-of-roll points, airport 
boundary, and flight tracks out to at least 30,000 feet from the end of 
each runway.
    (2) Airport activity levels and operational data which will 
indicate, on an annual average-daily-basis, the number of aircraft, by 
type of aircraft, which utilize each flight track, in both the standard 
daytime (0700-2200 hours local) and nighttime (2200-0700 hours local) 
periods for both landings and takeoffs.
    (3) For landings--glide slopes, glide slope intercept altitudes, and 
other pertinent information needed to establish approach profiles along 
with the engine power levels needed to fly that approach profile.
    (4) For takeoffs--the flight profile which is the relationship of 
altitude to distance from start-of-roll along with the engine power 
levels needed to fly that takeoff profile; these data must reflect the 
use of noise abatement departure procedures and, if applicable, the 
takeoff weight of the aircraft or some proxy for weight such as stage 
length.
    (5) Existing topographical or airspace restrictions which preclude 
the utilization of alternative flight tracks.
    (6) The government furnished data depicting aircraft noise 
characteristics (if not already a part of the computer program's stored 
data bank).
    (7) Airport elevation and average temperature.
    (c) For heliports, the map scale required by paragraph (b)(1) of 
this section shall not be less than 1 inch to 2,000 feet and shall 
indicate heliport boundaries, takeoff and landing pads, and typical 
flight tracks out to at least 4,000 feet horizontally from the landing 
pad. Where these flight tracks cannot be determined, obstructions or 
other limitations on flight tracks in and out of the heliport shall be 
identified within the map areas out to at least 4,000 feet horizontally 
from the landing pad. For static operation (hover), the helicopter type, 
the number of daily operations based on an annual average, and the 
duration in minutes of the hover operation shall be identified. The 
other information required in paragraph (b) shall be furnished in a form 
suitable for input to the HNM or other FAA approved methodology or 
computer program.

 Sec. A150.105 Identification of public agencies and planning agencies.

    (a) The airport proprietor shall identify each public agency and 
planning agency whose jurisdiction or responsibility is either

[[Page 607]]

wholly or partially within the Ldn 65 dB boundary.
    (b) For those agencies identified in (a) that have land use planning 
and control authority, the supporting documentation shall identify their 
geographic areas of jurisdiction.

                    Part C--Mathematical Descriptions

                         Sec. A150.201 General.

    The following mathematical descriptions provide the most precise 
definition of the yearly day-night average sound level (Ldn), 
the data necessary for its calculation, and the methods for computing 
it.

                         Sec. A150.203 Symbols.

    The following symbols are used in the computation of Ldn;

------------------------------------------------------------------------
                        Measure (in dB)                          Symbol
------------------------------------------------------------------------
Average Sound Level, During Time T............................        LT
Day-Night Average Sound Level (individual day)................      Ldni
Yearly Day-Night Average Sound Level..........................       Ldn
Sound Exposure Level..........................................       LAE
------------------------------------------------------------------------

                Sec. A150.205 Mathematical computations.

    (a) Average sound level must be computed in accordance with the 
following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.000

where T is the length of the time period, in seconds, during which the 
average is taken; LA(t) is the instantaneous time varying A-
weighted sound level during the time period T.

    Note: When a noise environment is caused by a number of identifiable 
noise events, such as aircraft flyovers, average sound level may be 
conveniently calculated from the sound exposure levels of the individual 
events occurring within a time period T:
[GRAPHIC] [TIFF OMITTED] TC15SE91.001

where LAEi is the sound exposure level of the i-th event, in 
a series of n events in time period T, in seconds.

    Note: When T is one hour, LT is referred to as one-hour 
average sound level.
    (b) Day-night average sound level (individual day) must be computed 
in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TR10FE03.003

Time is in seconds, so the limits shown in hours and minutes are 
actually interpreted in seconds. It is often convenient to compute day-
night average sound level from the one-hour average sound levels 
obtained during successive hours.
    (c) Yearly day-night average sound level must be computed in 
accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.003

where Ldni is the day-night average sound level for the i-th 
day out of one year.
    (d) Sound exposure level must be computed in accordance with the 
following formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.004

where to is one second and LA(t) is the time-
varying A-weighted sound level in the time interval t1 to 
t2.
    The time interval should be sufficiently large that it encompasses 
all the significant sound of a designated event.
    The requisite integral may be approximated with sufficient accuracy 
by integrating LA(t) over the time interval during which 
LA(t) lies within 10 decibels of its maximum value, before 
and after the maximum occurs.

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5064, Feb. 6, 1985, 
as amended by Amdt. 150-1, 53 FR 8724, Mar. 16, 1988; Amdt. 150-4, 69 FR 
57626, Sept. 24, 2004]



        Sec. Appendix B to Part 150--Noise Compatibility Programs

Sec. B150.1 Scope and purpose.
Sec. B150.3 Requirement for noise map.
Sec. B150.5 Program standards.

[[Page 608]]

Sec. B150.7 Analysis of program alternatives.
Sec. B150.9 Equivalent programs.

                     Sec. B150.1 Scope and purpose.

    (a) This appendix prescribes the content and the methods for 
developing noise compatibility programs authorized under this part. Each 
program must set forth the measures which the airport operator (or other 
person or agency responsible) has taken, or proposes to take, for the 
reduction of existing noncompatible land uses and the prevention of the 
introduction of additional noncompatible land uses within the area 
covered by the noise exposure map submitted by the operator.
    (b) The purpose of a noise compatibility program is:
    (1) To promote a planning process through which the airport operator 
can examine and analyze the noise impact created by the operation of an 
airport, as well as the costs and benefits associated with various 
alternative noise reduction techniques, and the responsible impacted 
land use control jurisdictions can examine existing and forecast areas 
of noncompatibility and consider actions to reduce noncompatible uses.
    (2) To bring together through public participation, agency 
coordination, and overall cooperation, all interested parties with their 
respective authorities and obligations, thereby facilitating the 
creation of an agreed upon noise abatement plan especially suited to the 
individual airport location while at the same time not unduly affecting 
the national air transportation system.
    (3) To develop comprehensive and implementable noise reduction 
techniques and land use controls which, to the maximum extent feasible, 
will confine severe aircraft YDNL values of Ldn 75 dB or 
greater to areas included within the airport boundary and will establish 
and maintain compatible land uses in the areas affected by noise between 
the Ldn 65 and 75 dB contours.

                 Sec. B150.3 Requirement for noise map.

    (a) It is required that a current and complete noise exposure map 
and its supporting documentation as found in compliance with the 
applicable requirements by the FAA, per Sec. 150.21(c) be included in 
each noise compatibility program:
    (1) To identify existing and future noncompatible land uses, based 
on airport operation and off-airport land uses, which have generated the 
need to develop a program.
    (2) To identify changes in noncompatible uses to be derived from 
proposed program measures.
    (b) If the proposed noise compatibility program would yield maps 
differing from those previously submitted to FAA, the program shall be 
accompanied by appropriately revised maps. Such revisions must be 
prepared in accordance with the requirements of Sec. A150.101(e) of 
appendix A and will be accepted by FAA in accordance with Sec. 
150.35(f).

                     Sec. B150.5 Program standards.

    Based upon the airport noise exposure and noncompatible land uses 
identified in the map, the airport operator shall evaluate the several 
alternative noise control actions and develop a noise compatibility 
program which--
    (a) Reduces existing noncompatible uses and prevents or reduces the 
probability of the establishment of additional noncompatible uses;
    (b) Does not impose undue burden on interstate and foreign commerce;
    (c) Provides for revision in accordance with Sec. 150.23 of this 
part.
    (d) Is not unjustly discriminatory.
    (e) Does not derogate safety or adversely affect the safe and 
efficient use of airspace.
    (f) To the extent practicable, meets both local needs and needs of 
the national air transportation system, considering tradeoffs between 
economic benefits derived from the airport and the noise impact.
    (g) Can be implemented in a manner consistent with all of the powers 
and duties of the Administrator of FAA.

              Sec. B150.7 Analysis of program alternatives.

    (a) Noise control alternatives must be considered and presented 
according to the following categories:
    (1) Noise abatement alternatives for which the airport operator has 
adequate implementation authority.
    (2) Noise abatement alternatives for which the requisite 
implementation authority is vested in a local agency or political 
subdivision governing body, or a state agency or political subdivision 
governing body.
    (3) Noise abatement options for which requisite authority is vested 
in the FAA or other Federal agency.
    (b) At a minimum, the operator shall analyze and report on the 
following alternatives, subject to the constraints that the strategies 
are appropriate to the specific airport (for example, an evaluation of 
night curfews is not appropriate if there are no night flights and none 
are forecast):
    (1) Acquisition of land and interests therein, including, but not 
limited to air rights, easements, and development rights, to ensure the 
use of property for purposes which are compatible with airport 
operations.
    (2) The construction of barriers and acoustical shielding, including 
the soundproofing of public buildings.
    (3) The implementation of a preferential runway system.
    (4) The use of flight procedures (including the modifications of 
flight tracks) to control

[[Page 609]]

the operation of aircraft to reduce exposure of individuals (or specific 
noise sensitive areas) to noise in the area around the airport.
    (5) The implementation of any restriction on the use of airport by 
any type or class of aircraft based on the noise characteristics of 
those aircraft. Such restrictions may include, but are not limited to--
    (i) Denial of use of the airport to aircraft types or classes which 
do not meet Federal noise standards;
    (ii) Capacity limitations based on the relative noisiness of 
different types of aircraft;
    (iii) Requirement that aircraft using the airport must use noise 
abatement takeoff or approach procedures previously approved as safe by 
the FAA;
    (iv) Landing fees based on FAA certificated or estimated noise 
emission levels or on time of arrival; and
    (v) Partial or complete curfews.
    (6) Other actions or combinations of actions which would have a 
beneficial noise control or abatement impact on the public.
    (7) Other actions recommended for analysis by the FAA for the 
specific airport.
    (c) For those alternatives selected for implementation, the program 
must identify the agency or agencies responsible for such 
implementation, whether those agencies have agreed to the 
implementation, and the approximate schedule agreed upon.

                    Sec. B150.9 Equivalent programs.

    (a) Notwithstanding any other provision of this part, noise 
compatibility programs prepared in connection with studies which were 
either Federally funded or Federally approved and commenced before 
October 1, 1981, are not required to be modified to contain the 
following items:
    (1) Flight tracks.
    (2) A noise contour of Ldn 70 dB resulting from aircraft 
operations and data related to the Ldn 70 dB contour. When 
determinations on land use compatibility using Table 1 of appendix A 
differ between Ldn 65-70 dB and Ldn 70-75 dB, the 
determinations should either use the more conservative Ldn 
70-75 dB column or reflect determinations based on local needs and 
values.
    (3) The categorization of alternatives pursuant to Sec. B150.7(a), 
although the persons responsible for implementation of each measure in 
the program must still be identified in accordance with Sec. 
150.23(e)(8).
    (4) Use of ambient noise to determine land use compatibility.
    (b) Previously prepared noise compatibility program documentation 
may be supplemented to include these and other program requirements 
which have not been excepted.



PART 151_FEDERAL AID TO AIRPORTS--Table of Contents




                     Subpart A_General Requirements

Sec.
151.1 Applicability.
151.3 National Airport Plan.
151.5 General policies.
151.7 Grants of funds: General policies.
151.9 Runway clear zones: General.
151.11 Runway clear zones; requirements.
151.13 Federal-aid Airport Program: Policy affecting landing aid 
          requirements.
151.15 Federal-aid Airport Program: Policy affecting runway or taxiway 
          remarking.

     Subpart B_Rules and Procedures for Airport Development Projects

151.21 Procedures: Application; general information.
151.23 Procedures: Application; funding information.
151.24 Procedures: Application; information on estimated project costs.
151.25 Procedures: Application; information as to property interests.
151.26 Procedures: Applications; compatible land use information; 
          consideration of local community interest; relocation of 
          displaced persons.
151.27 Procedures: Application, plans, specifications, and appraisals.
151.29 Procedures: Offer, amendment, and acceptance.
151.31 Procedures: Grant agreement.
151.33 Cosponsorship and agency.
151.35 Airport development and facilities to which subparts B and C 
          apply.
151.37 Sponsor eligibility.
151.39 Project eligibility.
151.41 Project costs.
151.43 United States share of project costs.
151.45 Performance of construction work: General requirements.
151.47 Performance of construction work: Letting of contracts.
151.49 Performance of construction work: Contract requirements.
151.51 Performance of construction work: Sponsor force account.
151.53 Performance of construction work: Labor requirements.
151.54 Equal employment opportunity requirements: Before July 1, 1968.
151.54a Equal employment opportunity requirements: After June 30, 1968.
151.55 Accounting and audit.
151.57 Grant payments: General.
151.59 Grant payments: Land acquisition.
151.61 Grant payments: Partial.
151.63 Grant payments: Semifinal and final.
151.65 Memoranda and hearings.
151.67 Forms.

[[Page 610]]

                 Subpart C_Project Programing Standards

151.71 Applicability.
151.72 Incorporation by reference of technical guidelines in Advisory 
          Circulars.
151.73 Land acquisition.
151.75 Preparation of site.
151.77 Runway paving: General rules.
151.79 Runway paving: Second runway; wind conditions.
151.80 Runway paving: Additional runway; other conditions.
151.81 Taxiway paving.
151.83 Aprons.
151.85 Special treatment areas.
151.86 Lighting and electrical work: General.
151.87 Lighting and electrical work: Standards.
151.89 Roads.
151.91 Removal of obstructions.
151.93 Buildings; utilities; sidewalks; parking areas; and landscaping.
151.95 Fences; distance markers; navigational and landing aids; and 
          offsite work.
151.97 Maintenance and repair.
151.99 Modifications of programing standards.

  Subpart D_Rules and Procedures for Advance Planning and Engineering 
                                Proposals

151.111 Advance planning proposals: General.
151.113 Advance planning proposals: Sponsor eligibility.
151.115 Advance planning proposals: Cosponsorship and agency.
151.117 Advance planning proposals: Procedures; application.
151.119 Advance planning proposals: Procedures; funding.
151.121 Procedures: Offer; sponsor assurances.
151.123 Procedures: Offer; amendment; acceptance; advance planning 
          agreement.
151.125 Allowable advance planning costs.
151.127 Accounting and audit.
151.129 Payments.
151.131 Forms.

Appendix A to Part 151
Appendix B to Part 151
Appendix C to Part 151
Appendix D to Part 151
Appendix E to Part 151
Appendix F to Part 151
Appendix G to Part 151
Appendix H to Part 151
Appendix I to Part 151



                     Subpart A_General Requirements

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.



Sec. 151.1  Applicability.

    This part prescribes the policies and procedures for administering 
the Federal-aid Airport Program under the Federal Airport Act, as 
amended (49 U.S.C. 1101 et seq.).

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962]



Sec. 151.3  National Airport Plan.

    (a) Under the Federal Airport Act, the FAA prepares each year a 
``National Airport Plan'' for developing public airports in the United 
States, Puerto Rico, the Virgin Islands, and Guam. In terms of general 
location and type of development, the National Airport Plan specifies 
the maximum limits of airport development that is necessary to provide a 
system of public airports adequate to anticipate and meet the needs of 
civil aeronautics.
    (b) If, within the forecast period, an airport will have a 
substantial aeronautical necessity, it may be included in the National 
Airport Plan. Only work on an airport included in the current Plan is 
eligible for inclusion in the Federal-aid Airport Program to be 
undertaken within currently available appropriations and authorizations. 
However, the inclusion of an airport in the National Airport Plan does 
not commit the United States to include it in the Federal-aid Airport 
Program. In addition, the local community concerned is not required to 
proceed with planning or development of an airport included in the 
National Airport Plan.

[Amdt. 151-8, 30 FR 8039, June 23, 1965]



Sec. 151.5  General policies.

    (a) Airport layout plan. As used in this part, ``airport layout 
plan'' means the basic plan for the layout of an eligible airport that 
shows, as a minimum--
    (1) The present boundaries of the airport and of the offsite areas 
that the sponsor owns or controls for airport purposes, and of their 
proposed additions;
    (2) The location and nature of existing and proposed airport 
facilities (such as runways, taxiways, aprons, terminal buildings, 
hangars, and roads) and of their proposed modifications and extensions; 
and

[[Page 611]]

    (3) The location of existing and proposed non-aviation areas, and of 
their existing improvements.

All airport development under the Federal-aid Airport Program must be 
done in accordance with an approved airport layout plan. Each airport 
layout plan, and any change in it, is subject to FAA approval. The 
Administrator's signature on the face of an original airport layout 
plan, or of any change in it, indicates FAA approval. The FAA approves 
an airport layout plan only if the airport development is sound and 
meets applicable requirements.
    (b) Safe, useful, and usable unit. Except as provided in paragraph 
(d) of this section, each advance planning and engineering proposal or 
airport development project must provide for the planning or development 
of--
    (1) An airport or unit of an airport that is safe, useful, and 
usable; or
    (2) An additional facility that increases the safety, usefulness, or 
usability of an airport.
    (c) National defense needs. The needs of national defense are fully 
considered in administering the Federal-aid Airport Program. However, 
approval of an advance planning and engineering proposal or a project 
application is limited to planning or airport development necessary for 
civil aviation.
    (d) Stage development. In any case in which airport development can 
be accomplished more economically under stage construction, federal 
funds may be programmed in advance for the development over two or more 
years under two or more grant agreements. In such a case, the FAA makes 
a tentative allocation of funds for both the current and future fiscal 
years, rather than allocating the entire federal share in one fiscal 
year. A grant agreement is made only during the fiscal year in which 
funds are authorized to be obligated. Advance planning and engineering 
grants are not made under this paragraph.

[Amdt. 151-8, 30 FR 8039, June 23, 1965]



Sec. 151.7  Grants of funds: General policies.

    (a) Compliance with sponsorship requirements. The FAA authorizes the 
expenditure of funds under the Federal-aid Airport Program for airport 
planning and engineering or for airport development only if the 
Administrator is satisfied that the sponsor has met or will meet the 
requirements established by existing and proposed agreements with the 
United States with respect to any airport that the sponsor owns or 
controls.
    (1) Agreements with the United States to which this requirement of 
compliance applies include--
    (i) Any grant agreement made under the Federal-aid Airport Program;
    (ii) Any covenant in a conveyance under section 16 of the Federal 
Airport Act;
    (iii) Any covenant in a conveyance of surplus airport property 
either under section 13(g) of the Surplus Property Act (50 U.S.C. App. 
1622(g)) or under Regulation 16 of the War Assets Administration; and
    (iv) Any AP-4 agreement made under the terminated Development 
Landing Areas National Defense Program and the Development Civil Landing 
Areas Program.

This requirement does not apply to assurances required under section 602 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) and Sec. 15.7 of 
the Federal Aviation Regulations (14 CFR 15.7).
    (2) If it appears that a sponsor has failed to comply with a 
requirement of an agreement with the United States with respect to an 
airport, the FAA notifies him of this fact and affords him an 
opportunity to submit materials to refute the allegation of 
noncompliance or to achieve compliance.
    (3) If a project is otherwise eligible under the Federal-aid Airport 
Program, a grant may be made to a sponsor who has not complied with an 
agreement if the sponsor shows--
    (i) That the noncompliance is caused by factors beyond his control; 
or
    (ii) That the following circumstances exist:
    (a) The noncompliance consisted of a failure, through mistake or 
ignorance, to perform minor conditions in old agreements with the 
Federal Government; and
    (b) The sponsor is taking reasonable action promptly to correct the 
deficiency or the deficiency relates to an obligation that is no longer 
required

[[Page 612]]

for the safe and efficient use of the airport under existing law and 
policy.
    (b) Small proposals and projects. Unless there is otherwise a 
special need for U.S. participation, the FAA includes an advance 
planning and engineering proposal or an airport development project in 
the Federal-aid Airport Program only if--
    (1) The advance planning and engineering proposal involves more than 
$1,000 in United States funds; and
    (2) The project application involves more than $5,000 in U.S. funds.

Whenever possible, the sponsor must consolidate small projects on a 
single airport in one grant agreement even though the airport 
development is to be accomplished over a period of years.
    (c) Previously obligated work. Unless the Administrator specifically 
authorizes it, no advance planning and engineering proposal or project 
application may include any planning, engineering, or construction work 
included in a prior agreement with the United States obligating the 
sponsor or any other non-U.S. public agency to do the work, and 
entitling the sponsor or any other non-United States public agency to 
payment of U.S. funds for all or part of the work.

(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)

[Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17, 31 
FR 16524, Dec. 28, 1966; Amdt. 151-19, 32 FR 9220, June 29, 1967]



Sec. 151.9  Runway clear zones: General.

    (a) Whenever funds are allocated for developing new runways or 
landing strips, or to improve or repair existing runways, the sponsor 
must own, acquire, or agree to acquire, runway clear zones. Exceptions 
are considered (on the basis of a full statement of facts by the 
sponsor) upon a showing of uneconomical acquisition costs, or lack of 
necessity for the acquisition.
    (b) For the purpose of this part, a runway clear zone is an area at 
ground level which begins at the end of each primary surface defined in 
Sec. 77.27(a) and extends with the width of each approach surface 
defined in Sec. 77.27 (b) and (c), to terminate directly below each 
approach surface slope at the point, or points, where the slope reaches 
a height of 50 feet above the elevation of the runway or 50 feet above 
the terrain at the outer extremity of the clear zone, whichever distance 
is shorter.
    (c) For the purposes of this section, an airport operator or owner 
is considered to have an adequate property interest if it has an 
easement (or a covenant running with the land) giving it enough control 
to rid the clear zone of all obstructions (objects so far as they 
project above the approach surfaces established by Sec. 77.27 (b) and 
(c) of part 77 of this chapter), and to prevent the creation of future 
obstructions; together with the right of entrance and exit for those 
purposes, to ensure the safe and unrestricted passage of aircraft in and 
over the area.

[Doc. No. 1329, 27 FR 12349, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-21, 33 FR 258, Jan. 9, 1968]



Sec. 151.11  Runway clear zones; requirements.

    (a) In projects involving grants-in-aid under the Federal-aid 
Airport Program, a sponsor must own, acquire, or agree to acquire an 
adequate property interest in runway clear zone areas as prescribed in 
paragraph (b), (c), (d), or (e) of this section, as applicable. Property 
interests that a sponsor acquires to meet the requirements of this 
section are eligible for inclusion in the Program.
    (b) On new airports, the sponsor must own, acquire, or agree to 
acquire adequate property interests in runway clear zone areas (in 
connection with initial land acquisition) for all eligible runways or 
landing strips, without substantial deviation from standard 
configuration and length.
    (c) On existing airports where new runways or landing strips are 
developed, the sponsor must own, acquire, or agree to acquire adequate 
property interests in runway clear zone areas for each runway and 
landing strip to be developed or extended, to the extent that the 
Administrator determines practical and feasible considering all facts 
presented by the airport owner or operator, preferably without 
substantial deviation from standard configuration and length.
    (d) On existing airports where improvements are made to runways or

[[Page 613]]

landing strips, the sponsor must own, acquire, or agree to acquire 
adequate property interests in runway clear zone areas for each runway 
or landing strip that is to be improved to the extent that the 
Administrator determines is practical and feasible with regard to 
standard configuration, length, and property interests, considering all 
facts presented by the airport owner or operator. Any development that 
improves a specific runway or landing strip is considered to be a runway 
improvement, including runway lighting and the developing or lighting of 
taxiways serving a runway.
    (e) On existing airports where substantial improvements are made 
that do not benefit a specific runway or landing strip, such as overall 
grading or drainage, terminal area or building developments, the sponsor 
must own, acquire, or agree to acquire adequate property interests in 
runway clear zone areas for the dominant runway or landing strip to the 
extent that the Administrator determines is practical and feasible, with 
regard to standard configuration, length, and property interests, 
considering all facts presented by the airport owner or operator.
    (f) If a sponsor or other public agency shows that it is legally 
able to prevent the future erection or creation of obstructions in the 
runway clear zone area, and adopts protective measures to prohibit their 
future erection or creation, that showing is acceptable for the purposes 
of paragraphs (d) and (e) of this section in place of an adequate 
property interest (except for rights required for removing existing 
obstructions). In such a case, there must be an agreement between the 
FAA and the sponsor for removing or marking or lighting (to be 
determined in each case) any existing obstruction to air navigation In 
each case, the sponsor must furnish information as to the specific 
height limitations established and as to the current and foreseeable 
future use of the property to which they apply. The information must 
include an acceptable legal opinion of the validity of the measures 
adopted, including a conclusion that the height limitations are not 
unreasonable in view of current and foreseeable future use of the 
property, and are a reasonable exercise of the police power, together 
with the reasons or basis supporting the opinion.
    (g) The authority exercised by the Administrator under paragraphs 
(b), (c), (d), and (e) of this section to allow a deviation from, or the 
extent of conformity to, standard configuration or length of runway 
clear zones, or to determine the adequacy of property interests therein, 
is also exercised by Regional Directors.

[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt. 151-22, 
33 FR 8267, June 4, 1968; Amdt. 151-25, 33 FR 14535, Sept. 27, 1968]



Sec. 151.13  Federal-aid Airport Program: Policy affecting landing aid 

requirements.

    (a) Landing aid requirements. No project for developing or improving 
an airport may be approved for the Program unless it provides for 
acquiring or installing such of the following landing aids as the 
Administrator determines are needed for the safe and efficient use of 
the airport by aircraft, considering the category of the airport and the 
type and volume of traffic using it:
    (1) Land needed for installing approach lighting systems (ALS).
    (2) In-runway lighting.
    (3) High intensity runway lighting.
    (4) Runway distance markers.

For the purposes of this section ``approach lighting system (ALS)'' is a 
standard configuration of aeronautical ground lights in the approach 
area to a runway or channel to assist a pilot in making an approach to 
the runway or channel.
    (b) Specific landing aid requirements. The landing aids set forth in 
paragraphs (a) (1) through (4) of this section are required for the safe 
and efficient use of airports by aircraft in the following cases:
    (1) Lands for installing approach lighting systems are required as 
part of a project if the installing of the components of the system on 
the airport is in an approved FAA budget, unless the sponsor has already 
acquired the land necessary for the system or is otherwise undertaking 
to acquire that land. If the sponsor is otherwise undertaking to acquire 
the land, the grant agreement for the project must obligate the sponsor 
to complete the acquisition

[[Page 614]]

within a time limit prescribed by the Administrator. The Administrator 
immediately notifies a sponsor when a budget is approved providing for 
installing an approach lighting system at the airport concerned.
    (2) In-runway lighting is required as part of a project:
    (i) If the project includes:
    (a) Construction of a new runway designated by the FAA as an 
instrument landing runway for which the installation of an IFR precision 
approach system including ALS and ILS, has been programmed by the FAA 
with funds then available therefor;
    (b) An extension of 3,000 feet or more (usable for landing purposes) 
of the approach end of a designated instrument landing runway equipped, 
or programed by the FAA, with funds then available therefor, to be 
equipped, with an IFR precision approach system including ALS and ILS;
    (c) Reconstruction of a designated instrument landing runway 
equipped, or programed by the FAA, with funds then available therefor, 
to be equipped with an IFR precision approach system including ALS and 
ILS, if the reconstruction requires the closing of the runway; or
    (d) Any other airport development on an airport whose designated 
instrument landing runway is equipped, or programed by the FAA, with 
funds then available therefor, to be equipped with an IFR precision 
approach system including ALS and ILS; and
    (ii) Only if a study of the airport shows that in-runway lighting is 
required for the safe and efficient use of the airport by aircraft, 
after the Administrator considers the following:
    (a) The type and volume of flight activity;
    (b) Other existing or planned navigational aids;
    (c) Airport environmental factors such as local weather conditions 
and adjacent geographic profiles;
    (d) Approach and departure paths;
    (e) Effect on landing and takeoff minima; and
    (f) In the case of projects under paragraph (b)(2)(i)(d) of this 
section, whether installing in-runway lighting requires closing the 
runway for so long a time that the adverse effect on safety of its 
closing would outweigh the contribution to safety that would be gained 
by the in-runway lights or whether it would unduly interfere with the 
efficiency of aircraft operations.
    (3) High intensity runway edge lighting on the designated instrument 
landing runway is required as a part of a project whenever that runway 
is equipped or programmed for the installation of an ILS and high 
intensity runway edge lights are not then installed on the runway or 
included in another project. A project for extending a runway that has 
high intensity runway edge lights on the existing runway requires, as a 
part of the project, the extension of the high intensity runway edge 
lights.
    (4) Runway distance markers whose design standards have been 
approved and published by the FAA are required as a part of a project on 
a case-by-case basis if, after reviewing the pertinent facts and 
circumstances of the case, the Administrator determines that they are 
needed for the safe and efficient use of the airport by aircraft.

[Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt. 151-3, 
28 FR 12613, Nov. 27, 1963; Amdt. 151-33, 34 FR 9708, June 21, 1969]



Sec. 151.15  Federal-aid Airport Program: Policy affecting runway or taxiway 

remarking.

    No project for developing or improving an airport may be approved 
for the Program unless it provides for runway or taxiway remarking if 
the present marking is obliterated by construction, alteration or repair 
work included in a FAAP project or by the required routing of 
construction equipment used therein.

[Amdt. 151-17, 31 FR 16524, Dec. 28, 1966]



     Subpart B_Rules and Procedures for Airport Development Projects

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 1329, 27 FR 12351, Dec. 13, 1962, unless 
otherwise noted.



Sec. 151.21  Procedures: Application; general information.

    (a) An eligible sponsor that desires to obtain Federal aid for 
eligible airport

[[Page 615]]

development must submit to the Area Manager of the area in which the 
sponsor is located (hereinafter in this part referred to as the ``Area 
Manager''), a request on FAA Form 5100-3, accompanied by--
    (1) The sponsor's written statement as to whether the proposed 
project involves the displacement and relocation of persons residing on 
land physically acquired or to be acquired for the project development; 
and
    (2) The sponsor's written assurance, if the project involves 
displacement and relocation of such persons, that adequate replacement 
housing will be available or provided for (built, if necessary), without 
regard to their race, color, religion, sex, or national origin, before 
the execution of a grant agreement for the project.
    (b) A proposed project is selected for inclusion in a program only 
if the sponsor has submitted a written assurance when required by 
paragraph (a)(2) of this section, or if the Administrator has determined 
that the project does not involve the displacement and relocation of 
persons residing on land to be physically acquired or to be acquired for 
the project development. If the Administrator selects a proposed project 
for inclusion in a program, a tentative allocation of funds is made for 
it and the sponsor is notified of the allocation. The tentative 
allocation may be withdrawn if the sponsor fails to submit an acceptable 
project application as provided in paragraph (c) of this section or 
fails to proceed diligently with the project, or if adequate replacement 
housing is not available or provided for in accordance with a written 
assurance when required by paragraph (a)(2) of this section.
    (c) As soon as practicable after receiving notice of the tentative 
allocation, the sponsor must submit a project application on FAA Form 
1624 to the Area Manager, without changing the language of the form, 
unless the change is approved in advance by the Administrator. In the 
case of a joint project, each sponsor executes only those provisions of 
the project application that apply to it. A sponsor who has executed a 
grant agreement for a project for the development of an airport under 
the Program, may, in the Administrator's discretion, submit additional 
project applications on FAA Form 1624 for further development of that 
airport.

(49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of Transportation Act; sec. 
1.4(b)(1) of the regulations of the Office of the Secretary of 
Transportation; Federal Airport Act, as amended)

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 
31 FR 6686, May 5, 1966; Amdt. 151-32, 34 FR 9617, June 19, 1969; Amdt. 
151-39, 35 FR 5536, Apr. 3, 1970]



Sec. 151.23  Procedures: Application; funding information.

    Each sponsor must state in its application that it has on hand, or 
show that it can obtain as needed, funds to pay all estimated costs of 
the proposed project that are not borne by the United States or by 
another sponsor. If any of the funds are to be furnished to a sponsor, 
or used to pay project costs on behalf of a sponsor, by a State agency 
or any other public agency that is not a sponsor of the project, that 
agency may, instead of the sponsor, submit evidence that the funds will 
be provided if the project is approved.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-34, 
34 FR 12883, Aug. 8, 1969]



Sec. 151.24  Procedures: Application; information on estimated project costs.

    (a) If any part of the estimated project costs consists of the value 
of donated land, labor, materials, or equipment, or of the value of a 
property interest in land acquired at a cost that (as represented by the 
sponsor) is not the actual cost or the amount of an award in eminent 
domain proceedings, the sponsor must so state in the application, 
indicating the nature of the donation or other transaction and the value 
it places on it.
    (b) If, after the grant agreement is executed and before the final 
payment of the allowable project costs is made under Sec. 151.63, it 
appears that the sponsor inadvertently or unknowingly failed to comply 
with paragraph (a) of this section as to any item, the Administrator--
    (1) Makes or obtains an appraisal of the item, and if the appraised 
value is less than the value placed on the item

[[Page 616]]

in the project application, notifies the sponsor that it may, within a 
stated time, ask in writing for reconsideration of the appraisal and 
submit statements of pertinent facts and opinion; and
    (2) Adjusts the U.S. share of the project costs to reflect any 
decrease in value of the item below that stated in the project 
application.

[Amdt. 151-34, 34 FR 12883, Aug. 8, 1969]



Sec. 151.25  Procedures: Application; information as to property interests.

    (a) Each sponsor must state in its application all of the property 
interests that he holds in the lands to be developed or used as part of, 
or in connection with, the airport as it will be when the project is 
completed. Each project application contains a covenant on the part of 
the sponsor to acquire, before starting construction work, or within a 
reasonable time if not needed for the construction, property interests 
satisfactory to the Administrator in all the lands in which it does not 
hold those property interests at the time it submits the application. In 
the case of a joint project, any one or more of the sponsors may hold or 
acquire the necessary property interests. In such a case, each sponsor 
may show on its application only those property interests that it holds 
or is to acquire.
    (b) Each sponsor of a project must send with its application a 
property map (designated as Exhibit A) or incorporate such a map by 
reference to one in a previous application that was approved. The 
sponsor must clearly identify on the map all property interests required 
in paragraph (a) of this section, showing prior and proposed 
acquisitions for which United States aid is requested under the project.
    (c) For the purposes of paragraphs (a) and (b) of this section, the 
property interest that the sponsor must have or agree to obtain, is--
    (1) Title free and clear of any reversionary interest, lien, 
easement, lease, or other encumbrance that, in the opinion of the 
Administrator, would create an undue risk that it might deprive the 
sponsor of possession or control, interfere with its use for public 
airport purposes, or make it impossible for the sponsor to carry out the 
agreements and covenants in the application;
    (2) A lease of not less than 20 years granted to the sponsor by 
another public agency that has title as described in paragraph (c)(1) of 
this section, on terms that the Administrator considers satisfactory; or
    (3) In the case of an offsite area an agreement, easement, 
leasehold, or other right or property interest that, in the 
Administrator's opinion, provides reasonable assurance that the sponsor 
will not be deprived of its right to use the land for the intended 
purpose during the period necessary to meet the requirements of the 
grant agreement.
    (d) For the purposes of this section, the word ``land'' includes 
landing areas, building areas, runway clear zones, clearways and 
approach zones, and areas required for offsite construction, entrance 
roads, drainage, protection of approaches, installation of air 
navigation facilities, or other airport purposes.



Sec. 151.26  Procedures: Applications; compatible land use information; 

consideration of local community interest; relocation of displaced persons.

    (a) Each sponsor must state in its application the action that it 
has taken to restrict the use of land adjacent to or in the immediate 
vicinity of the airport to activities and purposes compatible with 
normal airport operations including landing and take-off of aircraft. 
The sponsor's statement must include information on--
    (1) Any property interests (such as airspace easements or title to 
airspace) acquired by the sponsor to assure compatible land use, or to 
protect or control aerial approaches;
    (2) Any zoning laws enacted or in force restricting the use of land 
adjacent to or in the vicinity of the airport, or assuring protection or 
control of aerial approaches, whether or not enacted by the sponsor; and
    (3) Any action taken by the sponsor to induce the appropriate 
government authority to enact zoning laws restricting the use of land 
adjacent to or

[[Page 617]]

in the vicinity of the airport, or assuring protection or control of 
aerial approaches, when the sponsor lacks the power to zone the land.
    (b) Each sponsor must submit with his application--
    (1) A written statement--
    (i) Specifying what consideration has been given to the interest of 
all communities in or near which the project is located; and
    (ii) Containing the substance of any objection to, or approval of, 
the proposed project made known to the sponsor by any local individual, 
group or community; and
    (2) A written statement showing that adequate replacement housing 
that is open to all persons, regardless of race, color, religion, sex, 
or national origin, is available and has been offered on the same 
nondiscriminatory basis to persons who have resided on land physically 
acquired or to be acquired for the project development and who will be 
displaced thereby.

[Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17, 31 
FR 16524, Dec. 28, 1966; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970]



Sec. 151.27  Procedures: Application, plans, specifications, and appraisals.

    (a) Except as provided in paragraph (b) of this section, each 
sponsor shall incorporate by reference in its project application the 
final plans and specifications, describing the items of airport 
development for which it requests United States aid. It must submit the 
plans and specifications with the application unless they were 
previously submitted or are submitted with that of another sponsor of 
the project.
    (b) In special cases, the Administrator authorizes the postponement 
of the submission of final plans and specifications until a later date 
to be specified in the grant agreement, if the sponsor has submitted--
    (1) An airport layout plan approved by the Administrator; and
    (2) Preliminary plans and specifications in enough detail to 
identify all items of development included in the project, and prepared 
so as to provide for accomplishing the project in accordance with the 
master plan layout, the rules in subparts B and C and applicable local 
laws and regulations.
    (c) If the project involves acquiring a property interest in land by 
donation, or at a cost that (as represented by the sponsor) is not the 
actual cost or the amount of an award in eminent domain proceedings, the 
Administrator, before passing on the eligibility of the project makes or 
obtains an appraisal of the interest. If the appraised value is less 
than the value placed on the interest by the sponsor (Sec. 151.23), the 
Administrator notifies the sponsor that he may within a stated time, ask 
in writing for reconsideration of the appraisal and submit statements of 
pertinent facts and opinion.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt. 151-8, 30 
FR 8039, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28, 1966]



Sec. 151.29  Procedures: Offer, amendment, and acceptance.

    (a) Upon approving a project, the Administrator makes an offer to 
the sponsor to pay the United States share of the allowable project 
costs. The offer states a definite amount as the maximum obligation of 
the United States, and is subject to change or withdrawal by the 
Administrator, in his discretion, at any time before it is accepted.
    (b) If, before the sponsor accepts the offer, it is determined that 
the maximum obligation of the United States stated in the offer is not 
enough to pay the United States share of the allowable project costs, 
the sponsor may request an increase in the amount in the offer, through 
the Area Manager.
    (c) An official of the sponsor must accept the offer for the sponsor 
within the time prescribed in the offer, and in the required number of 
counterparts, by signing it in the space provided. The signing official 
must have been authorized to sign the acceptance by a resolution or 
ordinance adopted by the sponsor's governing body. The resolution or 
ordinance must, as appropriate under the local law--
    (1) Set forth the terms of the offer at length; or
    (2) Have a copy of the offer attached to the resolution or ordinance 
and incorporated into it by reference.

The sponsor must attach a certified copy of the resolution to each 
executed

[[Page 618]]

copy of an accepted offer or grant agreement that it is required to send 
to the Area Manager.



Sec. 151.31  Procedures: Grant agreement.

    (a) An offer by the Administrator, and acceptance by the sponsor, as 
set forth in Sec. 151.29, constitute a grant agreement between the 
sponsor and the United States. Except as provided in Sec. 151.41(c)(3), 
the United States does not pay, and is not obligated to pay, any part of 
the project costs that have been or may be incurred, before the grant 
agreement is executed.
    (b) The Administrator and the sponsor may agree to a change in a 
grant agreement if--
    (1) The change does not increase the maximum obligation of the 
United States under the grant agreement by more than 10 percent;
    (2) The change provides only for airport development that meets the 
requirements of subparts B and C; and
    (3) The change does not prejudice the interests of the United 
States.
    (c) When a change is agreed to, the Administrator issues a 
supplemental agreement incorporating the change. The sponsor must accept 
the supplemental agreement in the manner provided in Sec. 151.29(c).

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.33  Cosponsorship and agency.

    (a) Any two or more public agencies that desire to participate 
either in accomplishing development under a project or in maintaining or 
operating the airport, may cosponsor it if they meet the requirements of 
subparts B and C, including--
    (1) The eligibility requirements of Sec. 151.37; and
    (2) The submission of a single project application, executed by each 
sponsor, clearly stating the certifications, representations, 
warranties, and obligations made or assumed by each, or a separate 
application by each that does not meet all the requirements of subparts 
B and C if in the Administrator's opinion, the applications collectively 
meet the requirements of subparts B and C as applied to a project with a 
single sponsor.
    (b) A public agency that desires to participate in a project only by 
contributing funds to a sponsor need not become a sponsor or an agent of 
the sponsor, as provided in this section. However, any funds that it 
contributes are considered as funds of the sponsor for the purposes of 
the Federal Airport Act and this part.
    (c) If the sponsors of a joint project are not each willing to 
assume, jointly and severally, the obligations that subparts B and C 
requires a sponsor to assume, they must send a true copy of an agreement 
between them, satisfactory to the Administrator, to be incorporated into 
the grant agreement. Each agreement must state--
    (1) The responsibilities of each sponsor to the others with respect 
to accomplishing the proposed development and operating and maintaining 
the airport;
    (2) The obligations that each will assume to the United States; and
    (3) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.

If an offer is made to the sponsors of a joint project, as provided in 
Sec. 151.29, it contains a specific condition that it is made in 
accordance with the agreement between the sponsors (and the agreement is 
incorporated therein by reference) and that, by accepting the offer, 
each sponsor assumes only its respective obligations as set forth in the 
agreement.
    (d) A public agency may, if it is authorized by local law, act as 
agent of the public agency that is to own and operate the airport, with 
or without participating financially and without becoming a sponsor. The 
terms and conditions of the agency and the agent's authority to act for 
the sponsor must be set forth in an agency agreement that is 
satisfactory to the Administrator. The sponsor must submit a true copy 
of the agreement with the project application. Such an agent may accept, 
on behalf of the sponsor, an offer made under Sec. 151.29, only if that 
acceptance has been specifically and legally authorized by the sponsor's 
governing body and the authority is specifically set forth in the agency 
agreement.

[[Page 619]]

    (e) When the cosponsors of an airport are not located in the same 
area, they must submit a joint request to the Area Manager of the area 
in which the airport development will be located.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5, 1966]



Sec. 151.35  Airport development and facilities to which subparts B and C 

apply.

    (a) Subparts B and C applies to the following kinds of airport 
development:
    (1) Any work involved in constructing, improving, or repairing a 
public airport or part thereof, including the constructing, altering, or 
repairing of only those buildings or parts thereof that are intended to 
house facilities or activities directly related to the safety of persons 
at the airport.
    (2) Removing, lowering, relocating, marking, and lighting of airport 
hazards as defined in Sec. 151.39(b).
    (3) Acquiring land or an interest therein, or any easement through 
or other interest in air space, that is necessary to allow any work 
covered by paragraph (a)(1) or (2) of this section, or to remove or 
mitigate, or prevent or limit the establishment of, airport hazards as 
defined in Sec. 151.39(b).

It does not apply to the constructing, altering, or repair of airport 
hangars or public parking facilities for passenger automobiles.
    (b) The airport facilities to which subparts B and C applies are 
those structures, runways, or other items, on or at an airport, that 
are--
    (1) Used or intended to be used, in connection with the landing, 
takeoff, or maneuvering of aircraft, or for or in connection with 
operating and maintaining the airport itself; or
    (2) Required to be located at the airport for use by the users of 
its aeronautical facilities or by airport operators, concessionaires, 
and other users of the airport in connection with providing services or 
commodities to the users of those aeronautical facilities.
    (c) For the purposes of subparts B and C, ``public airport'' means 
an airport used for public purposes, under the control of a public 
agency named in Sec. 151.37(a), with a publicly owned landing area.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.37  Sponsor eligibility.

    To be eligible to apply for an individual or joint project for 
development with respect to a particular airport a sponsor must--
    (a) Be a public agency, which includes for the purposes of this part 
only, a State, the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam or an agency of any of them; a municipality or other 
political subdivision; a tax-supported organization; or the United 
States or an agency thereof;
    (b) Be legally, financially, and otherwise able to--
    (1) Make the certifications, representations, and warranties in the 
application form prescribed in Sec. 151.67(a);
    (2) Make, keep, and perform the assurances, agreements, and 
covenants in that form; and
    (3) Meet the other applicable requirements of the Federal Airport 
Act and subparts B and C;
    (c) Have, or be able to obtain, enough funds to meet the 
requirements of Sec. 151.23; and
    (d) Have, or be able to obtain, property interests that meet the 
requirements of Sec. 151.25(a).

For the purpose of paragraph (a) of this section, the United States, or 
an agency thereof, is not eligible for a project under subparts B and C, 
unless the project--
    (1) Is located in Puerto Rico, the Virgin Islands, or Guam;
    (2) Is in or is in close proximity to a national park, a national 
recreation area, or a national monument; or
    (3) Is in a national forest or a special reservation for United 
States purposes.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.39  Project eligibility.

    (a) A project for construction or land acquisition may not be 
approved under subparts B and C unless--
    (1) It is an item of airport development described in Sec. 
151.35(a);

[[Page 620]]

    (2) The airport development is within the scope of the current 
National Airport Plan;
    (3) The airport development is, in the opinion of the Administrator, 
reasonably necessary to provide a needed civil airport facility;
    (4) The Administrator is satisfied that the project is reasonably 
consistent with existing plans of public agencies for the development of 
the area in which the airport is located and will contribute to the 
accomplishment of the purposes of the Federal-aid Airport Program;
    (5) The Administrator is satisfied, after considering the pertinent 
information including the sponsor's statements required by Sec. 
151.26(b), that--
    (i) Fair consideration has been given to the interest of all 
communities in or near which the project is located; and
    (ii) Adequate replacement housing that is open to all persons, 
regardless of race, color, religion, sex, or national origin, is 
available and has been offered on the same nondiscriminatory basis to 
persons who have resided on land physically acquired or to be acquired 
for the project development and have been or will be displaced thereby;
    (6) The project provides for installing such of the landing aids 
specified in section 10(d) of the Federal Airport Act (49 U.S.C. 
1109(d)) as the Administrator considers are needed for the safe and 
efficient use of the airport by aircraft, based on the category of the 
airport and the type and volume of its traffic.
    (b) Only the following kinds of airport development described in 
Sec. 151.35(a) are eligible to be included in a project under subparts 
B and C:
    (1) Preparing all or part of an airport site, including clearing, 
grubbing filling and grading.
    (2) Dredging of seaplane anchorages and channels.
    (3) Drainage work, on or off the airport or airport site.
    (4) Constructing, altering, or repairing airport buildings or parts 
thereof to the extent that it is covered by Sec. 151.35(a).
    (5) Constructing, altering, or repairing runways, taxiways, and 
aprons, including--
    (i) Bituminous resurfacing of pavements with a minimum of 100 pounds 
of plant-mixed material for each square yard;
    (ii) Applying bituminous surface treatment on a pavement (in 
accordance with FAA Specification P-609), the existing surface of which 
consists of that kind of surface treatment; and
    (iii) Resealing a runway that has been substantially extended or 
partially reconstructed, if that resealing is necessary for the uniform 
color and appearance of the runway.
    (6) Fencing, erosion control, seeding and sodding of an airport or 
airport site.
    (7) Installing, altering, or repairing airport markers and runway, 
taxiway and apron lighting facilities and equipment.
    (8) Constructing, altering, or repairing entrance roads and airport 
service roads.
    (9) Constructing, installing, or connecting utilities, either on or 
off the airport or airport site.
    (10) Removing, lowering, relocating marking, or lighting any airport 
hazard.
    (11) Clearing, grading, and filling to allow the installing of 
landing aids.
    (12) Relocating structures, roads, and utilities necessary to allow 
eligible airport development.
    (13) Acquiring land or an interest therein, or any easement through 
or other interest in airspace, when necessary to--
    (i) Allow other airport development to be made, whether or not a 
part of the Federal-aid Airport Program;
    (ii) Prevent or limit the establishment of airport hazards;
    (iii) Allow the removal, lowering, relocation, marking, and lighting 
of existing airport hazards;
    (iv) Allow the installing of landing aids; or
    (v) Allow the proper use, operation, maintenance, and management of 
the airport as a public facility.
    (14) Any other airport development described in Sec. 151.35(a) that 
is specifically approved by the Administrator.

For the purposes of paragraph (b)(10) of this section, an airport hazard 
is any structure or object of natural growth located on or in the 
vicinity of a public airport, or any use of land in the vicinity of the 
airport, that obstructs the

[[Page 621]]

airspace needed for the landing or takeoff of aircraft or is otherwise 
hazardous to the landing or takeoff of aircraft. For the purposes of 
paragraph (b)(13) of this section, land acquisition includes the 
acquiring of land that is already developed as a private airport and the 
structures, fixtures, and improvements that are a part of realty (other 
than hangars, other ineligible structures and parts thereof, fixtures, 
and improvements).
    (c) A project for acquiring land that has been or will be donated to 
the sponsor is not eligible for inclusion in the Federal-aid Airport 
Program, unless the project also includes other items of airport 
development that would require a sponsor's contribution equal to or more 
than the United States share of the value of the donated land as 
appraised by the Administrator.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28, 1966; 
Amdt. 151-37, 35 FR 5112, Mar. 26, 1970; Amdt. 151-39, 35 FR 5537, Apr. 
3, 1970]



Sec. 151.41  Project costs.

    (a) For the purposes of subparts B and C, project costs consist of 
any costs involved in accomplishing a project, including those of--
    (1) Making field surveys;
    (2) Preparing plans and specifications;
    (3) Accomplishing or procuring the accomplishing of the work;
    (4) Supervising and inspecting construction work;
    (5) Acquiring land, or an interest therein, or any casement through 
or other interest in airspace; and
    (6) Administrative and other incidental costs incurred specifically 
in connection with accomplishing a project, and that would not have 
otherwise been incurred.
    (b) The costs described in paragraph (a) of this section, including 
the value of land, labor, materials, and equipment donated or loaned to 
the sponsor and appropriated to the project by the sponsor, are eligible 
for consideration as to their allowability, except for--
    (1) That part of the cost of rehabilitation or repair for which 
funds have been appropriated under section 17 of the Federal Airport Act 
(49 U.S.C. 1116);
    (2) That part of the cost of acquiring an existing private airport 
that represents the cost of acquiring passenger automobile parking 
facilities, buildings to be used as hangars, living quarters, or for 
nonairport purposes, at the airport, and those buildings or parts of 
buildings the construction of which is not airport development within 
the meaning of Sec. 151.35(a);
    (3) The cost of materials and supplies owned by the sponsor or 
furnished from a source of supply owned by the sponsor if--
    (i) Those materials and supplies were used for airport development 
before the grant agreement was executed; or
    (ii) The cost is not supported by proper evidence of quantity and 
value;
    (4) The cost of nonexpendable machinery, tools, or equipment owned 
by the sponsor and used under a project by the sponsors force account, 
except to the extent of the fair rental value of that machinery, tools, 
or equipment for the period it is used on the project;
    (5) The costs of general area, urban, or statewide planning of 
airports, as distinguished from planning a specific project;
    (6) The value of any land, including improvements, donated to the 
sponsor by another public agency; and
    (7) Any costs incurred in connection with raising funds by the 
sponsor, including interest and premium charges and administrative 
expenses involved in conducting bond elections and in the sale of bonds.
    (c) To be an allowable project cost, for the purposes of computing 
the amount of a grant, an item that is paid or incurred must, in the 
opinion of the Administrator--
    (1) Have been necessary to accomplish airport development in 
conformity with the approved plans and specifications for an approved 
project and with the terms of the grant agreement for the project;
    (2) Be reasonable in amount (or be subject to partial disallowance 
under section 13(a)(3) of the Federal Airport Act (49 U.S.C. 
1112(a)(3));
    (3) Have been incurred after the date the grant agreement was 
executed, except that costs of land acquisition,

[[Page 622]]

field surveys, planning, preparing plans and specifications, and 
administrative and incidental costs, may be allowed even though they 
were incurred before that date, if they were incurred after May 13, 
1946; and
    (4) Be supported by satisfactory evidence.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-14, 31 FR 11747, Sept. 8, 1966]



Sec. 151.43  United States share of project costs.

    (a) The United States share of the allowable costs of a project is 
stated in the grant agreement for the project, to be paid from 
appropriations made under the Federal Airport Act.
    (b) Except as provided in paragraphs (c) and (d) of this section and 
in subpart C of this part, the United States share of the costs of an 
approved project for airport development (regardless of its size or 
location) is 50 percent of the allowable costs of the project.
    (c) The U.S. share of the costs of an approved project for airport 
development in a State in which the unappropriated and unreserved public 
lands and nontaxable Indian lands (individual and tribal) is more than 5 
percent of its total land, is the percentage set forth in the following 
table:

------------------------------------------------------------------------
                             State                               Percent
------------------------------------------------------------------------
Alaska........................................................     62.50
Arizona.......................................................     60.80
California....................................................     53.72
Colorado......................................................     52.98
Idaho.........................................................     55.80
Montana.......................................................     52.99
Nevada........................................................     62.50
New Mexico....................................................     56.14
Oregon........................................................     55.64
South Dakota..................................................     52.53
Utah..........................................................     60.65
Washington....................................................     51.53
Wyoming.......................................................     56.33
------------------------------------------------------------------------

    (d) The United States share of the costs of an approved project, 
representing the costs of any of the following, is 75 percent:
    (1) The costs of installing high intensity runway edge lighting on a 
designated instrument landing runway or other runway with an approved 
straight-in approach procedure.
    (2) The costs of installing in-runway lighting (touchdown zone 
lighting system, and centerline lighting system).
    (3) The costs of installing runway distance markers.
    (4) The costs of acquiring land, or a suitable property interest in 
land or in or over water, needed for installing operating, and 
maintaining an ALS (as described in Sec. 151.13).
    (5) The costs of any project in the Virgin Islands.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt. 151-17, 
31 FR 16524, Dec. 28, 1966; Amdt. 151-20, 32 FR 17471; Dec. 6, 1967; 
Amdt. 151-35, 34 FR 13699, Aug. 27, 1969; Amdt. 151-36, 34 FR 19501 Dec. 
10, 1969]



Sec. 151.45  Performance of construction work: General requirements.

    (a) All construction work under a project must be performed under 
contract, except in a case where the Administrator determines that the 
project, or a part of it, can be more effectively and economically 
accomplished on a force account basis by the sponsor or by another 
public agency acting for or as agent of the sponsor.
    (b) Each contract under a project must meet the requirements of 
local law.
    (c) No sponsor may issue any change order under any of its 
construction contracts or enter into a supplemental agreement unless 
three copies of that order or agreement have been sent to and approved 
by the Area Manager. Sec. Sec. 151.47 and 151.49 apply to supplemental 
agreements as well as to original contracts.
    (d) This section and Sec. Sec. 151.47 through 151.49 do not apply 
to contracts with the owners of airport hazards, (as described in Sec. 
151.39(b)), buildings, pipe lines, power lines, or other structures or 
facilities, for installing, extending, changing, removing, or relocating 
that structure or facility. However, the sponsor must obtain the 
approval of the Area Manager before entering into such a contract.
    (e) No sponsor may allow a contractor or subcontractor to begin work 
under a project until--
    (1) The sponsor has furnished three conformed copies of the contract 
to the Area Manager; and

[[Page 623]]

    (2) The Area Manager agrees to the issuance of a notice to proceed 
with the work to the contractor. However, the Area Manager does not 
agree to the issuance of such a notice unless he is satisfied that 
adequate replacement housing is available and has been offered to 
affected persons, as required for project eligibility by Sec. 
151.39(a)(5).
    (f) Except when the Area Manager determines that the sponsor has 
previously demonstrated satisfactory engineering and construction 
supervision and inspection, no sponsor may allow a contractor or 
subcontractor to begin work, nor may the sponsor begin force account 
work, until the sponsor has notified the Area Manager in writing that 
engineering and construction supervision and inspection have been 
arranged to insure that construction will conform to FAA approved plans 
and specifications, and that the sponsor has caused a review to be made 
of the qualifications of personnel who will be performing such 
supervision and inspection and is satisfied that they are qualified to 
do so.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-31, 
34 FR 4885, Mar. 6, 1969; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970]



Sec. 151.47  Performance of construction work: Letting of contracts.

    (a) Advertising required; exceptions. Unless the Administrator 
approves another method for use on a particular airport development 
project, each contract for construction work on a project in the amount 
of more than $2,000 must be awarded on the basis of public advertising 
and open competitive bidding under the local law applicable to the 
letting of public contracts. Any oral or written agreement or 
understanding between a sponsor and another public agency that is not a 
sponsor of the project, under which that public agency undertakes 
construction work for or as agent of the sponsor, is not considered to 
be a construction contract for the purposes of this section, or 
Sec. Sec. 151.45, 151.49, and 151.51.
    (b) Advertisement; conditions and contents. There may be no 
advertisement for bids on, or negotiation of, a construction contract 
until the Administrator has approved the plans and specifications. The 
advertisement shall inform the bidders of the contract and reporting 
provisions required by Sec. 151.54. Unless the estimated contract price 
or construction cost is $2,000 or less, there may be no advertisement 
for bids or negotiation until the Administrator has given the sponsor a 
copy of a decision of the Secretary of Labor establishing the minimum 
wage rates for skilled and unskilled labor under the proposed contract. 
In each case, a copy of the wage determination decision must be set 
forth in the initial invitation for bids or proposed contract or 
incorporated therein by reference to a copy set forth in the advertised 
or negotiated specifications.
    (c) Procedure for the Secretary of Labor's wage determinations. At 
least 60 days before the intended date of advertising or negotiating 
under paragraph (b) of this section, the sponsor shall send to the Area 
Manager, completed Department of Labor Form DB-11, with only the 
classifications needed in the performance of the work checked. General 
entries (such as ``entire schedule'' or ``all applicable 
classifications'') may not be used. Additional necessary classifications 
not on the form may be typed in the blank spaces or on an attached 
separate list. A classification that can be fitted into classifications 
on the form, or a classification that is not generally recognized in the 
area or in the industry, may not be used. Except in areas where the wage 
patterns are clearly established, the Form must be accompanied by any 
available pertinent wage payment or locally prevailing fringe benefit 
information.
    (d) Use and effectiveness of the Secretary of Labor's wage 
determinations. (1) Wage determinations are effective only for 120 days 
from the date of the determinations. If it appears that a determination 
may expire between bid opening and award, the sponsor shall so advise 
the FAA as soon as possible. If he wishes a new request for wage 
determination to be made and if any pertinent circumstances have 
changed, he shall submit a new Form DB-11 and accompanying information. 
If he claims that the determination expires before award and after bid 
opening due to unavoidable circumstances, he shall submit proof of the 
facts which he claims support a finding to that effect.

[[Page 624]]

    (2) The Secretary of Labor may modify any wage determination before 
the award of the contract or contracts for which it was sought. If the 
proposed contract is awarded on the basis of public advertisement and 
open competitive bidding, any modification that the FAA receives less 
than 10 days before the opening of bids is not effective, unless the 
Administrator finds that there is reasonable time to notify bidders. A 
modification may not continue in effect beyond the effective period of 
the wage determination to which it relates. The Administrator sends any 
modification to the sponsor as soon as possible. If the modification is 
effective, it must be incorporated in the invitation for bids, by 
issuing an addendum to the specifications or otherwise.
    (e) Requirements for awarding construction contracts. A sponsor may 
not award a construction contract without the written concurrence of the 
Administrator (through the Area Manager) that the contract prices are 
reasonable and that the contract conforms to the sponsor's grant 
agreement with the United States. A sponsor that awards contracts on the 
basis of public advertising and open competitive bidding, shall, after 
the bids are opened, send a tabulation of the bids and its 
recommendations for award to the Area Manager. The allowable project 
costs of the work, on which the Federal participation is computed, may 
not be more than the bid of the lowest responsible bidder. The sponsor 
may not accept a bid by a contractor whose name appears on the current 
list of ineligible contractors published by the Comptroller General of 
the United States under Sec. 5.6(b) of Title 29 of the regulations of 
the Secretary of Labor (29 CFR part 5), or a bid by any firm, 
corporation, partnership, or association in which that contractor has a 
substantial interest.
    (f) Secretary of Labor's interpretations apply. Where applicable by 
their terms, the regulations of the Secretary of Labor (29 CFR 5.20-
5.32) interpreting the fringe benefit provisions of the Davis-Bacon Act 
apply to this section.

[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964]



Sec. 151.49  Performance of construction work: Contract requirements.

    (a) Contract provisions. In addition to any other provisions 
necessary to ensure completion of the work in accordance with the grant 
agreement, each sponsor entering into a construction contract for an 
airport development project shall insert in the contract the provisions 
required by the Secretary of Labor, as set forth in appendix H of this 
part. The Director, Airports Service, may amend any provision in 
appendix H from time to time to accord with rule-making action of the 
Secretary of Labor. The provisions in the following paragraphs also must 
be inserted in the contract:
    (1) Federal Aid to Airport Program Project. The work in this 
contract is included in Federal-aid Airport Project No. --, which is 
being undertaken and accomplished by the [insert sponsor's name] in 
accordance with the terms and conditions of a grant agreement between 
the [insert sponsor's name] and the United States, under the Federal 
Airport Act (49 U.S.C. 1101) and part 151 of the Federal Aviation 
Regulations (14 CFR part 151), pursuant to which the United States has 
agreed to pay a certain percentage of the costs of the project that are 
determined to be allowable project costs under that Act. The United 
States is not a party to this contract and no reference in this contract 
to the FAA or any representative thereof, or to any rights granted to 
the FAA or any representative thereof, or the United States, by the 
contract, makes the United States a party to this contract.
    (2) Consent to assignment. The contractor shall obtain the prior 
written consent of the [insert sponsor's name] to any proposed 
assignment of any interest in or part of this contract.
    (3) Convict labor. No convict labor may be employed under this 
contract.
    (4) Veterans' preference. In the employment of labor (except in 
executive, administrative, and supervisory positions), preference shall 
be given to qualified individuals who have served in the military 
service of the United States (as defined in section 101(1) of the 
Soldiers' and Sailors' Civil Relief Act of 1940) and have been honorably 
discharged from that service, except

[[Page 625]]

that preference may be given only where that labor is available locally 
and is qualified to perform the work to which the employment relates.
    (5) Withholding: Sponsor from contractor. Whether or not payments or 
advances to the [insert sponsor's name] are withheld or suspended by the 
FAA, the [insert sponsor's name] may withhold or cause to be withheld 
from the contractor so much of the accrued payments or advances as may 
be considered necessary to pay laborers and mechanics employed by the 
contractor or any subcontractor on the work the full amount of wages 
required by this contract.
    (6) Nonpayment of wages. If the contractor or subcontractor fails to 
pay any laborer or mechanic employed or working on the site of the work 
any of the wages required by this contract the [insert sponsor's name] 
may, after written notice to the contractor, take such action as may be 
necessary to cause the suspension of any further payment or advance of 
funds until the violations cease.
    (7) FAA inspection and review. The contractor shall allow any 
authorized representative of the FAA to inspect and review any work or 
materials used in the performance of this contract.
    (8) Subcontracts. The contractor shall insert in each of his 
subcontracts the provisions contained in paragraphs [insert designations 
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4), 
(5), (6) and (7) of this paragraph], and also a clause requiring the 
subcontractors to include these provisions in any lower tier 
subcontracts which they may enter into, together with a clause requiring 
this insertion in any further subcontracts that may in turn be made.
    (9) Contract termination. A breach of paragraphs [insert designation 
of 3 paragraphs corresponding to paragraphs (6), (7) and (8) of this 
paragraph] may be grounds for termination of the contract.
    (b) Exemption of certain contracts. Appendix H to this part and 
paragraph (a)(5) of this section do not apply to prime contracts of 
$2,000 or less.
    (c) Adjustment in liquidated damages. A contractor or subcontractor 
who has become liable for liquidated damages under paragraph G of 
appendix H and who claims that the amount administratively determined as 
liquidated damages under section 104(a) of the Contract Work Hours 
Standards Act is incorrect or that he violated inadvertently the 
Contract Work Hours Standards Act notwithstanding the exercise of due 
care, may--
    (1) If the amount determined is more than $100, apply to the 
Administrator for a recommendation to the Secretary of Labor that an 
appropriate adjustment be made or that he be relieved of liability for 
such liquidated damages; or
    (2) If the amount determined is $100 or less, apply to the 
Administrator for an appropriate adjustment in liquidated damages or for 
release from liability for the liquidated damages.
    (d) Corrected wage determinations. The Secretary of Labor corrects 
any wage determination included in any contract under this section 
whenever the wage determination contains clerical errors. A correction 
may be made at the Administrator's request or on the initiative of the 
Secretary of Labor.
    (e) Secretary of Labor's interpretations apply. Where applicable by 
their terms, the regulations of the Secretary of Labor (29 CFR 5.20-
5.32) interpreting the ``fringe benefit provisions'' of the Davis-Bacon 
Act apply to the contract provisions in appendix H, and to this section.

[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964, as amended by Amdt. 151-7, 30 
FR 7484, June 6, 1965]



Sec. 151.51  Performance of construction work: Sponsor force account.

    (a) Before undertaking any force account construction work, the 
sponsor (or any public agency acting as agent for the sponsor) must 
obtain the written consent of the Administrator through the Area 
Manager. In requesting that consent, the sponsor must submit--
    (1) Adequate plans and specifications showing the nature and extent 
of the construction work to be performed under that force account;
    (2) A schedule of the proposed construction and of the construction 
equipment that will be available for the project;

[[Page 626]]

    (3) Assurance that adequate labor, material, equipment, engineering 
personnel, as well as supervisory and inspection personnel as required 
by Sec. 151.45(f), will be provided; and
    (4) A detailed estimate of the cost of the work, broken down for 
each class of costs involved, such as labor, materials, rental of 
equipment, and other pertinent items of cost.
    (b) [Reserved]

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-31, 34 FR 4885, Mar. 6, 1969]



Sec. 151.53  Performance of construction work: Labor requirements.

    A sponsor who is required to include in a construction contract the 
labor provisions required by Sec. 151.49 shall require the contractor 
to comply with those provisions and shall cooperate with the FAA in 
effecting that compliance. For this purpose the sponsor shall--
    (a) Keep, and preserve, for a three-year period beginning on the 
date the contract is completed, each affidavit and payroll copy 
furnished by the contractor, and make those affidavits and copies 
available to the FAA, upon request, during that period;
    (b) Have each of those affidavits and payrolls examined by its 
resident engineer (or any other of its employees or agents who are 
qualified to make the necessary determinations), as soon as possible 
after receiving it, to the extent necessary to determine whether the 
contractor is complying with the labor provisions required by Sec. 
151.49 and particularly with respect to whether the contractor's 
employees are correctly classified;
    (c) Have investigations made during the performance of work under 
the contract, to the extent necessary to determine whether the 
contractor is complying with those labor provisions, particularly with 
respect to whether the contractor's employees are correctly classified, 
including in the investigations, interviews with employees and 
examinations of payroll information at the work site by the sponsor's 
resident engineer (or any other of its employees or agents who are 
qualified to make the necessary determinations); and
    (d) Keep the Area Manager fully advised of all examinations and 
investigations made under this section, all determinations made on the 
basis of those examinations and investigations, and all efforts made to 
obtain compliance with the labor provisions of the contract.

For the purposes of paragraph (c) of this section, the sponsor shall 
give priority to complaints of alleged violations, and shall treat as 
confidential any written or oral statements made by any employee. The 
sponsor may not disclose an employee's statement to a contractor without 
the employee's consent.



Sec. 151.54  Equal employment opportunity requirements: Before July 1, 1968.

    In conformity with Executive Order 11246 of September 24, 1965 (30 
FR 12319, 3 CFR, 1965 Supp., p. 167) the regulations of the former 
President's Committee on Equal Employment Opportunity, 41 CFR part 60-1 
(28 FR 9812, 11305), as adopted ``to the extent not inconsistent with 
Executive Order 11246'' by the Secretary of Labor (``Transfer of 
Functions,'' Oct. 19, 1965, 30 FR 13441), are incorporated by reference 
into subparts B and C of this part as set forth below. They are referred 
to in this section by section numbers of part 60-1 of title 41.
    (a) Equal employment opportunity requirements. There are hereby 
incorporated by reference into subparts B and C, as requirements, the 
provisions of Sec. 60-1.3(b)(1). The FAA is primarily responsible for 
the sponsor's compliance.
    (b) Equal employment opportunity requirements in construction 
contracts. The sponsor shall cause the ``equal opportunity clause'' in 
Sec. 60-1.3(b)(1) to be incorporated into all prime contracts and 
subcontracts as required by Sec. 60-1.3(c).
    (c) Reporting requirements for contractors and subcontractors. The 
sponsor shall cause the filing of compliance reports by contractors and 
subcontractors as provided in Sec. 60-1.6(a) and the furnishing of such 
other information as may be required under that provision.
    (d) Bidders' reports. (1) The sponsor shall include in his 
invitations for bids or negotiations for contracts, and shall

[[Page 627]]

require his contractors to include in their invitations for bids or 
negotiations for subcontracts, the following provisions based on Sec. 
60-1.6(b)(1):

    Each bidder, prospective contractor or proposed subcontractor shall 
state as an initial part of the bid or negotiations of the contract 
whether he has participated in any previous contract or subcontract 
subject to the equal opportunity clause and, if so, whether he has filed 
with the Office of Federal Contract Compliance in the United States 
Department of Labor or the contracting or administering agency all 
compliance reports due under applicable instructions. In any case in 
which a bidder or prospective contractor or proposed subcontractor who 
has participated in a previous contract or subcontract subject to the 
equal opportunity clause has not filed a compliance report due under 
applicable instructions, such bidder, prospective contractor or proposed 
subcontractors shall submit a compliance report prior to the award of 
the proposed contract or subcontract. When a determination has been made 
to award a contract to a specific contractor, such contractor shall, 
prior to award, furnish such other pertinent information regarding his 
own employment policies and practices as well as those of his proposed 
subcontractors as the FAA, the sponsor, or the Director of the Office of 
Federal Contract compliance may require.

    (2) The sponsor or his contractors shall give express notice of the 
requirements of this paragraph (d) in all invitations for bids or 
negotiations for contracts.
    (e) Enforcement. The FAA conducts compliance reviews, handles 
complaints and, where appropriate, conducts hearings and imposes, or 
recommends to the Office of Federal Contract Compliance, sanctions, as 
provided in subpart B--General Enforcement; Complaint Procedure of part 
60-1.
    (f) Exempted contracts. Except for subcontracts for the performance 
of construction work at the site of construction, the requirements of 
this section do not apply to subcontracts below the second tier (Sec. 
60-1.3(c)). The requirements of this section do not apply to contracts 
and subcontracts exempted by Sec. 60-1.4.
    (g) Meaning of terms. The term ``applicant'' in the provisions of 
part 60-1 incorporated by reference in this section means the sponsor, 
except where part 60-1 refers to an applicant for employment, and the 
term ``administering agency'' therein means the FAA.
    (h) Applicability to existing agreements and contracts. This section 
applies to grant agreements made after December 20, 1964, and before 
July 1, 1968. Except as provided in Sec. 151.54A(b), it applies to 
contracts and subcontracts as defined in Sec. 60-1.2 (i) and (k) of 
Title 41 made in accordance with a grant agreement to which this section 
applies.

(E.O. 11246, 30 FR 13441, 31 FR 6921; sec. 307, 72 Stat. 752, 49 U.S.C. 
1348)

[Amdt. 151-5, 29 FR 15569, Nov. 20, 1964, as amended by Amdt. 151-8, 30 
FR 8040, June 23, 1965; Amdt. 151-12, 31 FR 10261, July 29, 1966; Amdt. 
151-23, 33 FR 9543, June 29, 1968]



Sec. 151.54a  Equal employment opportunity requirements: After June 30, 1968.

    (a) Incorporation by reference. There are hereby incorporated by 
reference into this part the regulations issued by the Secretary of 
Labor on May 21, 1968, and published in the Federal Register on May 28, 
1968 (41 CFR part 60-1, 33 FR 7804), except for the following 
provisions:
    (1) Paragraph (a), ``Government contracts'', of Sec. 60-1.4, 
``Equal opportunity clause''.
    (2) Section 60-1.6, ``Duties of agencies''.
    (b) Applicability and effectiveness. The regulations incorporated by 
reference in paragraph (a) of this section apply to grant agreements 
made after June 30, 1968. They also apply to contracts, as defined in 
Sec. 60-1.3(f) of Title 41, entered into under any grant agreement made 
before or after that date, as provided in Sec. 60-1.47 of Title 41.

(Sec. 307, 72 Stat. 752, 49 U.S.C. 1348)

[Amdt. 151-23, 33 FR 9543, June 29, 1968]



Sec. 151.55  Accounting and audit.

    (a) Each sponsor shall establish and maintain, for each individual 
project, an adequate accounting record to allow appropriate personnel of 
the FAA to determine all funds received (including funds of the sponsor 
and funds received from the United States or other sources), and to 
determine the allowability of all incurred costs of the project. The 
sponsor shall segregate and group project costs so that it can

[[Page 628]]

furnish, on due notice, cost information in the following cost 
classifications:
    (1) Purchase price or value of land.
    (2) Incidental costs of land acquisition.
    (3) Costs of contract construction.
    (4) Costs of force account construction.
    (5) Engineering costs of plans and designs.
    (6) Engineering costs of supervision and inspection.
    (7) Other administrative costs.
    (b) The sponsor shall obtain and retain in its files for a period of 
three years after the date of the final grant payment, documentary 
evidence such as invoices, cost estimates, and payrolls supporting each 
item of project costs.
    (c) The sponsor shall retain, for a period of three years after the 
date of the final grant payment, evidence of all payments for items of 
project costs including vouchers, cancelled checks or warrants, and 
receipts for cash payments.
    (d) The sponsor shall allow the Administrator and the Comptroller 
General of the United States, or an authorized representative of either 
of them, access to any of its books, documents, papers, and records that 
are pertinent to grants received under the Federal-aid Airport Program 
for the purposes of accounting and audit. Appropriate FAA personnel may 
make progress audits at any time during the project, upon notice to the 
sponsor. If work is suspended on the project for an appreciable period 
of time, an audit will be made before any semi-final payment is made. In 
each case an audit is made before the final payment.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



Sec. 151.57  Grant payments: General.

    (a) An application for a grant payment is made on FAA Form 5100-6, 
accompanied by--
    (1) A summary of project costs on Form FAA-1630;
    (2) A periodic cost estimate on Form FAA-1629 for each contract 
representing costs for which payment is requested; and
    (3) Any supporting information, including appraisals of property 
interests, that the FAA needs to determine the allowability of any costs 
for which payment is requested.
    (b) Contractor's certifications. Each application that involves work 
performed by a contractor must contain, in the contractor's 
certification in the periodic cost estimate, a statement that ``there 
has been full compliance with all labor provisions included in the 
contract identified above and in all subcontracts made under that 
contract'', and, in the case of a substantial dispute as to the nature 
of the contractor's or a subcontractor's obligation under the labor 
provisions of the contract or a subcontract, and additional phrase 
``except insofar as a substantial dispute exists with respect to these 
provisions''.
    (c) If a contractor or subcontractor fails or refuses to comply with 
the labor provisions of the contract with the sponsor, further grant 
payments to the sponsor are suspended until the violations stop, until 
the Administrator determines the allowability of the project costs to 
which the violations related, or, to the extent that the violations 
consist of underpayments to labor, until the sponsor furnishes 
satisfactory assurances to the FAA that restitution has been or will be 
made to the affected employees.
    (d) If, upon final determination of the allowability of all project 
costs of a project, it is found that the total of grant payments to the 
sponsor was more than the total United States share of the allowable 
costs of the project, the sponsor shall promptly return the excess to 
the FAA.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-4, 
29 FR 11336, Aug. 6, 1964; Amdt. 151-8, 30 FR 8040, June 23, 1965; Amdt. 
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-32, 34 FR 9617, June 19, 
1969]



Sec. 151.59  Grant payments: Land acquisition.

    If an approved project includes land acquisition as an item of 
airport development, the sponsor may, at any time after executing the 
grant agreement and after title evidence has been approved by the 
Administrator for the property interest for which payment is

[[Page 629]]

requested, apply to the FAA, through the Area Manager, for payment of 
the United States share of the allowable project costs of the 
acquisition, including any acquisition that is completed before 
executing the grant agreement and is part of the airport development 
included in the project.



Sec. 151.61  Grant payments: Partial.

    (a) Subject to the final determination of allowable project costs as 
provided in Sec. 151.63 partial grant payments for project costs may be 
made to a sponsor upon application. Unless previously agreed otherwise, 
a sponsor may apply for partial payments on a monthly basis. The 
payments may be paid, upon application, on the basis of the costs of 
airport development that is accomplished or on the basis of the 
estimated cost of airport development expected to be accomplished.
    (b) Except as otherwise provided, partial grant payments are made in 
amounts large enough to bring the aggregate amount of all partial 
payments to the estimated United States share of the project costs of 
the airport development accomplished under the project as of the date of 
the sponsor's latest application for payment. In addition, if the 
sponsor applies, a partial grant payment is made as an advance payment 
in an amount large enough to bring the aggregate amount of all partial 
payments to the estimated United States share of the estimated project 
costs of the airport development expected to be accomplished within 30 
days after the date of the sponsor's application for advance payment. 
However, no partial payment may be made in an amount that would bring 
the aggregate amount of all partial payments for the project to more 
than 90 percent of the estimated United States share of the total 
estimated cost of all airport development included in the project, but 
not including contingency items, or 90 percent of the maximum obligation 
of the United States as stated in the grant agreement, whichever amount 
is the lower. In determining the amount of a partial grant payment, 
those project costs that the Administrator considers to be of 
questionable allowability are deducted both from the amount of proj- ect 
costs incurred and from the amount of the estimated total project cost.



Sec. 151.63  Grant payments: Semifinal and final.

    (a) Whenever airport development on a project is delayed or 
suspended for an appreciable period of time for reasons beyond the 
sponsor's control and the allowability of the project costs of all 
airport development completed has been determined on the basis of an 
audit and review of all costs, a semifinal grant payment may be made in 
an amount large enough to bring the aggregate amount of all partial 
grant payments for the project to the United States share of all 
allowable project costs incurred, even if the amount is more than the 90 
percent limitation prescribed in Sec. 151.61(b). However, it may not be 
more than the maximum obligation of the United States as stated in the 
grant agreement.
    (b) Whenever the project is completed in accordance with the grant 
agreement, the sponsor may apply for final payment. The final payment is 
made to the sponsor if--
    (1) A final inspection of all work at the airport site has been made 
jointly by the Area Manager and representatives of the sponsor and the 
contractor, unless the Area Manager agrees to a different procedure for 
final inspection.
    (2) A final audit of the project account has been completed by 
appropriate personnel of the FAA; and
    (3) The sponsor has furnished final ``as constructed'' plans, unless 
otherwise agreed to by the Administrator.
    (c) Based upon the final inspection, the final audit, the plans, and 
the documents and supporting information required by Sec. 151.57(a), 
the Administrator determines the total amount of the allowable project 
costs and pays the sponsor the United States' share, less the total 
amount of all prior payments.



Sec. 151.65  Memoranda and hearings.

    (a) At any time before the FAA issues a grant offer for a project, 
any public agency or person having a substantial interest in the 
disposition of the project application may file a memorandum supporting 
or opposing it with the Area Manager of the area in

[[Page 630]]

which the project is located. In addition, that public agency or person 
may request a public hearing on the location of the airport to be 
developed. If, in the Administrator's opinion, that public agency or 
person has a substantial interest in the matter, a public hearing is 
held.
    (b) The Administrator sets the time and place of each hearing under 
this section, to avoid undue delay in disposing of the application, to 
afford reasonable time for all parties concerned to prepare for it, and 
to hold it at a place convenient to the sponsor. Notice of the time and 
place is mailed to the public agency or person filing the memorandum, 
the sponsor, and any other necessary persons.
    (c) The purpose of the hearing is to help the Administrator discover 
facts relating to the location of the airport that is proposed to be 
developed under an application pending before him. There are no adverse 
parties or interests and no defendant or respondent. They are not 
hearings for the purposes of 5 U.S.C. 554, 556, and 557, and do not 
terminate in an adjudication as defined in that Act.
    (d) Each hearing under this section is conducted by a hearing 
officer designated by the Administrator. The hearing officer decides the 
length of the hearing, the kind of testimony to be heard, and all other 
matters respecting the conduct of the hearing. The hearing is recorded 
in a manner determined by the hearing officer and the record becomes a 
part of the record of the project application. The Administrator's 
decision is not made solely on the basis of the hearing, but on all 
relevant facts.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 
31 FR 6686, May 5, 1966; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]



Sec. 151.67  Forms.

    (a) The various forms used for the purposes of subparts B and C are 
as follows:
    (1) Requests for Federal-aid, FAA Form 5100-3: Contains a statement 
requesting Federal-aid in carrying out a project under the Federal 
Airport Act, with appropriate spaces for inserting information needed 
for considering the request, including the location of the airport, the 
amount of funds available to the sponsor, a description of the proposed 
work, and its estimated cost.
    (2) Project application, Form FAA-1624: A formal application for 
Federal-aid to carry out a project under this part. It contains four 
parts:
    (i) Part I--For pertinent information regarding the airport and 
proposed work included in the project.
    (ii) Part II--For incorporating the representations of the sponsor 
relating to its legal authority to undertake the project, the 
availability of funds for its share of the project costs, approvals of 
other non-United States agencies, the existence of any default on the 
compliance requirements of Sec. 151.77(a), possible disabilities, and 
the ownership of lands and interests in lands to be used in carrying out 
the project and operating the airport.
    (iii) Part III--For incorporating the sponsor's assurances regarding 
the operation and maintenance of the airport, further development of the 
airport, and the acquisition of any additional interests in lands that 
may be needed to carry out the project or for operating the airport.
    (iv) Part IV--For a statement of the sponsor's acceptance, to be 
executed by the sponsor and certificated by its attorney.
    (3) [Reserved]
    (4) Grant agreement, Form FAA-1632:
    (i) Part I--Offer by the United States to pay a specified percentage 
of the allowable costs of the project, as described therein, on 
specified terms relating to the undertaking and carrying out of the 
project, determination of allowability of costs, payment of the United 
States share, and operation and maintenance of the airport in accordance 
with assurances in the proj- ect application.
    (ii) Part II--Acceptance of the offer by the sponsor, execution of 
the acceptance by the sponsor, and certification by its attorney.
    (5) Periodic cost estimate, Form FAA-1629: a certification to be 
executed by the contractor, with space for information regarding the 
progress of construction work as of a specific date, and the value of 
the completed work.

[[Page 631]]

    (6) Application for grant payment, FAA Form 5100-6: Application for 
payment under a grant agreement for work completed as of a specific date 
or to be completed by a specific date, with space for an appropriate 
breakdown of project costs among the categories shown therein, and 
certification provisions to be executed by the sponsor and the Area 
Manager.
    (7) Summary of project costs, Form FAA-1630: For inserting the 
latest revised estimate of total project costs, the total costs incurred 
as of a specific date, an estimate of the aggregate of those total costs 
incurred to date and those to be incurred before a specific date in the 
future.
    (b) Copies of the forms named in this section, and assistance in 
completing and executing them, are available from the Area Manager.

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5, 1966; Amdt. 
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-25, 33 FR 14535, Sept. 27, 
1968; Amdt. 151-34, 34 FR 12883, Aug. 8, 1969]



                 Subpart C_Project Programming Standards

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 1329, 27 FR 12357 Dec. 13, 1962, unless otherwise 
noted.



Sec. 151.71  Applicability.

    (a) This subpart prescribes programming and design and construction 
standards for projects under the Federal-Aid Airport Program to assure 
the most efficient use of Program funds and to assure that the most 
important elements of a national system of airports are provided.
    (b) Except for the standards made mandatory by Sec. 151.72(a), the 
standards prescribed in this subpart that apply to any particular 
project are those in effect on the date the sponsor accepts the 
Administrator's offer under Sec. 151.29(c). The standards of Sec. 
151.72(a) applicable to a project are those in effect on the date 
written on the notification of tentative allocation of funds (Sec. 
151.21(b)). Standards that become effective after that date may be 
applied to the project by agreement between the sponsor and the 
Administrator.

(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)

[Amdt. 151-19, 32 FR 9220, June 29, 1967]



Sec. 151.72  Incorporation by reference of technical guidelines in Advisory 

Circulars.

    (a) Provisions incorporated; mandatory standards. The technical 
guidelines in the Advisory Circulars, or parts of Circulars, listed in 
appendix I of this part, are incorporated into this subpart by 
reference. Guidelines so incorporated are mandatory standards and apply 
in addition to the other standards in this subpart. No provision so 
incorporated and made mandatory supersedes any provision of this part 
151 (other than of App. I) or of any other part of the Federal Aviation 
Regulations. Each Circular is incorporated with all amendments 
outstanding at any time unless the entry in appendix I of this part 
states otherwise.
    (b) Amendments of Appendix I. The Director, Airports Service, may 
add to, or delete from, appendix I of this part any Advisory Circular or 
part thereof.
    (c) Availability of Advisory Circulars. The Advisory Circulars 
listed in appendix I of this part may be inspected and copied at any FAA 
Regional Office, Area Office, or Airports District Office. Copies of the 
Circulars that are available free of charge may be obtained from any of 
the offices or from the Federal Aviation Administration, Printing 
Branch, HQ-438, Washington, D.C. 20553. Copies of the Circulars that are 
for sale may be bought from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, D.C. 20402 for the price listed.

[Amdt. 151-13, 31 FR 11605, Sept. 2, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



Sec. 151.73  Land acquisition.

    (a) The acquisition of land or any interest therein, or of any 
easement or other interest in airspace, is eligible for inclusion in a 
project if it was made after May 13, 1946, and is necessary--
    (1) To allow the initial development of the airport;
    (2) For improvement indicated in the current National Airport Plan;

[[Page 632]]

    (3) For ultimate development of the airport, as indicated in the 
current approved airport layout plan to the extent consistent with the 
National Airport Plan;
    (4) For approach protection meeting the standards of Sec. 77.23 as 
applied to Sec. Sec. 77.25 and 77.27 of this chapter;
    (5) To allow installing an ALS (as described in Sec. 151.13), in 
which case the costs of acquiring land needed for it are eligible for 75 
percent United States participation if the need is shown in the National 
Airport Plan, based on the best information available to the FAA for the 
forecast period;
    (6) To allow proper use, operation, or maintenance of the airport as 
a public facility, including offsite lands needed for locating necessary 
parts of the utility systems serving the airport;
    (7) To allow installing navigational aids by the FAA, if the land is 
within the airport boundaries; or
    (8) To allow relocation of navigational aids.
    (b) Appendix A of this part sets forth typical eligible and 
ineligible items of land acquisition as covered by this section.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23, 1965]



Sec. 151.75  Preparation of site.

    (a) Grading, drainage, and associated items of site preparation are 
eligible for inclusion in a project, but only with respect to one 
landing strip at any airport, unless the airport qualifies for more than 
one runway, based on traffic volume or wind conditions (as outlined in 
Sec. 151.77) and the overall site preparation required for development 
in accordance with the airport layout plan. The complete clearance of 
runway clear zone areas is desirable, but, as a minimum, all 
obstructions as determined by Sec. 77.23 as applied to Sec. 77.27 (b) 
and (c) of this chapter must be removed. Grading in runway clear zones 
is eligible only to remove terrain that is an obstruction. The clear 
zone is not a graded overrun area. Specific site preparation for an 
airport terminal building is eligible on the same basis as the building 
itself. The site preparation cost is prorated based on eligible and 
ineligible building space. Appendix B of this part sets forth typical 
eligible and ineligible items of site preparation as covered by this 
section.
    (b) For the purposes of this section, eligible drainage work off the 
airport site includes drainage outfalls, drainage disposal, and 
interception ditches. If there is damage to adjacent property, its 
correction is an eligible item for inclusion in the project.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-7, 
30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23, 1965]



Sec. 151.77  Runway paving: General rules.

    (a) On any airport, paving of the designated instrument landing 
runway (or dominant runway if there is no designated instrument runway) 
is eligible for inclusion in a project, within the limits of the current 
National Airport Plan. Program participation in constructing, 
reconstructing or resurfacing is limited to a single runway at each 
airport, unless more than one runway is eligible under a standard in 
Sec. 151.79 or Sec. 151.80.
    (b) The kinds of runway paving that are eligible for inclusion in a 
project include pavement construction and reconstruction, and include 
runway grooving to improve skid resistance, and resurfacing to increase 
the load bearing capacity of the runway or to provide a leveling course 
to correct major irregularities in the pavement. Runway resealing or 
refilling joints as an ordinary maintenance matter are not eligible 
items, except for bituminous resurfacing consisting of at least 100 
pounds of plant-mixed material for each square yard, and except for the 
application of a bituminous surface treatment (two applications of 
material and cover aggregate as prescribed in FAA Specification P-609) 
on a pavement the current surface of which consists of that kind of a 
bituminous surface treatment.
    (c) On new pavement construction, the applying of a bituminous seal 
coat on plant hot-mix bituminous surfaces only, is an eligible item only 
if initial engineering analysis and design indicate the need for a seal 
coat. However, any delay in applying it that is caused other than by 
construction difficulties, makes the application a maintenance item that 
is not eligible.

[[Page 633]]

    (d) In any case in which the need for a seal coat is necessary for a 
new runway extension or partial reconstruction of a runway, the entire 
runway may be sealed.
    (e) Appendix C to this part sets forth typical eligible and 
ineligible items of runway paving.

(49 U.S.C. 1120)

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-29, 34 FR 1634, Feb. 4, 1969]



Sec. 151.79  Runway paving: Second runway; wind conditions.

    (a) All airports. Paving a second runway on the basis of wind 
conditions is eligible for inclusion in a project only if the sponsor 
shows that--
    (1) The airport meets the applicable standards of paragraph (b), 
(c), or (d) of this section;
    (2) The operational experience, and the economic factors of air 
traffic at the location, justify an additional runway for the airport; 
and
    (3) The second runway is oriented with the existing paved runway to 
achieve the maximum wind coverage, with due consideration to the airport 
noise factor, topography, soil conditions, and other pertinent factors 
affecting the economy and efficiency of the runway development.
    (b) Airports serving large and small aircraft. The airport serves 
both large and small aircraft and the existing paved runway is subject 
to a crosswind component of more than 15 miles per hour (13 knots) more 
than 5 percent of the time.
    (c) Airports serving small aircraft only. The airport serves small 
aircraft exclusively, and--
    (1) The airport has 10,000, or more, aircraft operations each year; 
and
    (2) The existing paved runway is subject to a crosswind component of 
more than 12 miles per hour (10.5 knots) more than 5 percent of the 
time.
    (d) Airports serving aircraft of less than 8,000 pounds only. The 
airport serves small aircraft of less than 8,000 pounds maximum 
certificated takeoff weight exclusively and--
    (1) The airport has 5,000, or more, aircraft operations each year; 
and
    (2) The existing paved runway is subject to a crosswind component of 
more than 12 miles per hour (10.5 knots) more than 5 percent of the 
time.

[Amdt. 151-17, 31 FR 16525, Dec. 28, 1966, as amended by Amdt. 151-28, 
34 FR 551, Jan. 15, 1969]



Sec. 151.80  Runway paving: Additional runway; other conditions.

    Paving an additional runway on an airport that does not qualify for 
a second runway under Sec. 151.79 is eligible if the Administrator, 
upon consideration on a case-to-case basis, is satisfied that--
    (a) The volume of traffic justifies an additional paved runway and 
the layout and orientation of the additional runway will expedite 
traffic; or
    (b) A combination of traffic volume and aircraft noise problems 
justifies an additional paved runway for that airport.

[Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]



Sec. 151.81  Taxiway paving.

    (a) The construction, alteration, and repair of taxiways needed to 
expedite the flow of ground traffic between runways and aircraft parking 
areas available for general public use are eligible items under the 
program. Taxiways to serve an area or facility that is primarily for the 
exclusive or near exclusive use of a tenant or operator that does not 
furnish aircraft servicing to the public are not eligible. In addition, 
the policies on resealing or refilling joints, as set forth in Sec. 
151.77, apply also to taxiway paving.
    (b) Appendix D of this part sets forth typical eligible and 
ineligible items of taxiway paving.



Sec. 151.83  Aprons.

    (a) The construction, alteration, and repair of aprons are eligible 
program items upon being shown that they are needed as public use 
facilities. An apron to serve an area that is primarily for the 
exclusive or near exclusive use of a tenant or operator who does not 
furnish aircraft servicing to the public is not eligible. In addition, 
the policies on resealing or refilling joints, as set forth in Sec. 
151.77 apply also to apron paving.
    (b) In determining public use for the purposes of this section, the 
current

[[Page 634]]

use being made of a hangar governs, unless there is definite information 
regarding its future use. In the case of an apron area being built for 
future hangars, it should be shown that early hangar development is 
assured and that the hangars will be public facilities.
    (c) Appendix E of this part sets forth typical eligible and 
ineligible items of apron paving.



Sec. 151.85  Special treatment areas.

    The following special treatment for areas adjacent to pavement is 
eligible for inclusion in a project in cases where, due to the operation 
of turbojet powered aircraft, it may be necessary to treat those areas 
adjacent to runway ends, holding aprons, and taxiways to prevent erosion 
from the blast effects of the turbojet:
    (a) Runway ends--a stabilized area the width of the runway and 
extending 100 to 150 feet from the end of the runway.
    (b) Holding aprons--a stabilized area up to 50 feet from the edge of 
the pavement.
    (c) Taxiway intersections--a stabilized area 25 feet on each side of 
the taxiway and extending 300 feet from the intersection.
    (d) Taxiway (continuous movement of aircraft)--dense turf 25 feet on 
each side of the taxiway, or in a geographic area where dense turf 
cannot be established, stabilization.



Sec. 151.86  Lighting and electrical work: General.

    (a) The installing of lighting facilities and related electrical 
work, as provided in Sec. 151.87, is eligible for inclusion in a 
project only if the Administrator determines, for the particular airport 
involved, that they are needed to ensure--
    (1) Its safe and efficient use by aircraft under Sec. 151.13; or
    (2) Its continued operation and adequate maintenance, and it has a 
large enough volume (actual or potential) of night operations.
    (b) Before the Administrator makes a grant offer to the sponsor of a 
project that includes installing lighting facilities and related 
electrical work under paragraph (a) of this section, the sponsor must--
    (1) Provide in the project for removing, relocating, or adequately 
marking and lighting, each obstruction in the approach and turning 
zones, as provided in Sec. 151.91(a);
    (2) Acknowledge its awareness of the cost of operating and 
maintaining airport lighting; and
    (3) Agree to operate the airport lighting installed--
    (i) Throughout each night of the year; or
    (ii) According to a satisfactory plan of operation, submitted under 
paragraph (c) of this section.
    (c) The sponsor of a project that includes installing airport 
lighting and related electrical work, under paragraph (a) of this 
section, may--
    (1) Submit to the Administrator a proposed plan of operation of the 
airport lighting installed for periods less than throughout each night 
of the year;
    (2) Specify, in the proposed plan, the times when the airport 
lighting installed will be operated; and
    (3) Satisfy the Administrator that the proposed plan provides for 
safety in air commerce, and justifies the investment of Program funds.
    (d) Paragraph (b)(3) of this section also applies to each sponsor of 
a project that includes installing airport lighting and related 
electrical work if that sponsor has not entered into a grant agreement 
for the project before September 5, 1968.
    (e) If it agrees to comply with paragraph (b)(3) of this section, 
the sponsor of a project that includes installing airport lighting 
facilities and related electrical work that has entered into a grant 
agreement for that project before September 5, 1968, may--
    (1) Surrender its air navigation certificate authorizing operation 
of a ``true light'' issued before that date; or
    (2) Terminate its application for authority to operate a ``true 
light'' made before that date.

(Secs. 307, 606, 72 Stat. 749, 779; 49 U.S.C. 1120, 1348, 1426)

[Amdt. 151-24, 33 FR 12545, Sept. 5, 1968]

[[Page 635]]



Sec. 151.87  Lighting and electrical work: Standards.

    (a)-(b) [Reserved]
    (c) The number of runways that are eligible for lighting is the same 
as the number eligible for paving under Sec. 151.77, Sec. 151.79, or 
Sec. 151.80.
    (d) The installing of high intensity runway edge lighting is 
eligible on a designated instrument landing runway and any other runway 
with approved straight-in approach procedures. A runway that is eligible 
for lighting, but does not meet the requirements for 75 percent U.S. 
participation under Sec. 151.43(d), is eligible for 50 percent U.S. 
participation in the costs of high intensity runway edge lighting (or 
the allowable percentage in Sec. 151.43(c) for public land States), if 
the airport is served by a navigational aid that will allow using 
instrument approach procedures. If a runway is not eligible for 75 or 50 
percent Federal participation in high intensity runway edge lighting but 
is otherwise eligible for runway lighting, the U.S. share of the cost of 
runway edge lighting is 50 percent of the cost of the lighting installed 
but not more than 50 percent of the cost of medium intensity lighting.
    (e) In-runway lighting (touchdown zone lighting system, and 
centerline lighting system) is eligible on the designated instrument 
landing runway.
    (f) Taxiways to eligible runways on airports served by transport 
aircraft are eligible for lighting. On airports serving only general 
aviation, the lighting of connecting taxiways is eligible if the runway 
served is lighted or is programed to be lighted. The lighting of a 
parallel taxiway is eligible if the taxiway is eligible for paving. 
Lighting of other taxiways is eligible or not, depending on the 
complexity of the taxiway system.
    (g) Floodlighting of aprons is eligible if there is a proven need 
for it, including a showing of night operations where the runway is 
lighted.
    (h) Any airport that is eligible to participate in the costs of 
runway lighting is eligible for the installing of an airport beacon, 
lighted wind indicator, obstruction lights, lighting control equipment, 
and other components of basic airport lighting, including separate 
transformer vaults and connection to the nearest available power source.
    (i) The interconnection of two or more power sources on an airport 
property, the providing of second sources of power, and the installing 
of standby engine generators of reasonable capacity, are eligible under 
the program.
    (j) Economy approach lighting aids are eligible for inclusion in a 
project at an airport that will not qualify within the next three years 
for approach lighting aids installed by FAA under the Facilities and 
Equipment Program if the economy approach lighting aids--
    (1) Will correct a visual deficiency on one of the lighted runways 
of the airport; or
    (2) Will permit operations at an airport at lower minimums.

``Economy approach lighting aids'' includes a medium intensity approach 
lighting system (MALS) that may include a sequence flasher (SF); a 
runway end identifier lights system (REILS): and an abbreviated visual 
approach slope indicator (AVASI).
    (k) Appendix F of this part sets forth typical eligible and 
ineligible items of airport lighting covered by Sec. 151.86 and this 
section.

(Secs. 307, 606, 72 Stat. 749, 799; 49 U.S.C. 1120, 1348, 1426)

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966; 
Amdt. 151-22, 33 FR 8267, June 4, 1968; Amdt. 151-24, 33 FR 12545, Sept. 
5, 1968; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]



Sec. 151.89  Roads.

    (a) Federal-aid Airport Program funds may not be used to resolve 
highway problems. Only those airport entrance roads that are definitely 
needed and are intended only as a way in and out of the airport are 
eligible.
    (b) The construction, alteration, and repair of airport roads and 
streets that are entirely within the airport boundaries are eligible 
under the program, if needed for operating and maintaining the airport. 
In the case of an entrance road, a strip right-of-way joining the main 
body of the airport to the nearest public road may be considered a part 
of the normal boundary of the airport if--
    (1) Adequate title is obtained;

[[Page 636]]

    (2) It was acquired to provide an airport entrance road and was not, 
before the existence of the airport, a public thoroughfare;
    (3) The entrance road is intended only as a way in and out of the 
airport; and
    (4) The entrance road extends only to the nearest public highway, 
road, or street.
    (c) An entrance road may be joined to an existing highway or street 
with a normal fillet connection. However, acceleration-deceleration 
strips or grade separations are not eligible.
    (d) Offsite road or street relocation needed to allow airport 
development or to remove an obstruction, and is not for entrance road 
purposes, is eligible.
    (e) Appendix G sets forth typical eligible and ineligible items of 
road construction covered by this section.



Sec. 151.91  Removal of obstructions.

    (a) The removal or relocation, or both, of obstructions, as defined 
in Technical Standard Order N18 is eligible under the Program in cases 
where definite arrangements are made to prevent the obstruction from 
being recreated. In a case where removal is not feasible, the cost of 
marking or lighting it is eligible. The removal and relocation of 
structures necessary for essential airport development is eligible. The 
removal of structures that are not obstructions under Sec. 77.23 of 
this chapter as applied to Sec. 77.27 of this chapter are eligible when 
they are located within a runway clear zone.
    (b) The removal and relocation of an airport hangar that is an 
airport hazard (as described in Sec. 151.39(b)) is eligible, if the 
reerected hangar will be substantially identical to the disassembled 
one.
    (c) Whenever a hangar must be relocated (either for clearance of the 
site for other airport development or to remove a hazard) and the 
existing structure is to be relocated with or without disassembly, the 
cost of the relocation is an eligible item of project costs, including 
costs incidental to the relocation such as necessary footings and 
floors. However, if the existing structure is to be demolished and a new 
hangar is to be built, only the cost of demolishing the existing hangar 
is an eligible item.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-22, 
33 FR 8267, June 4, 1968]



Sec. 151.93  Buildings; utilities; sidewalks; parking areas; and landscaping.

    (a) Only buildings or parts of buildings intended to house 
facilities or activities directly related to the safety of persons at 
the airport, including fire and rescue equipment buildings, are eligible 
items under the Federal-aid Airport Program. To the extent they are 
necessary to house snow removal and abrasive spreading equipment, and to 
provide minimum protection for abrasive materials, field maintenance 
equipment buildings are eligible items in any airport development 
project for an airport in a location having a mean daily minimum 
temperature of zero degrees Fahrenheit, or less, for at least 20 days 
each year for the 5 years preceding the year when Federal aid is 
requested under Sec. 151.21(a), based on the statistics of the U.S. 
Department of Commerce Weather Bureau if available, or other evidence 
satisfactory to the Administrator.
    (b) Airport utility construction, installation, and connection are 
eligible under the Federal-aid Airport Program as follows:
    (1) An airport utility serving only eligible areas and facilities is 
eligible; and
    (2) An airport utility serving both eligible and ineligible airport 
areas and facilities is eligible only to the extent of the additional 
cost of providing the capacity needed for eligible areas and facilities 
over and above the capacity necessary for the ineligible areas and 
facilities.

However, a water system is eligible only to the extent necessary to 
provide fire protection for aircraft operations, and to provide water 
for a fire and rescue equipment building.
    (c) No part of the constructing, altering, or repairing (including 
grading, drainage, and other site preparation work) of a facility or 
area that is to be used as a public parking facility for passenger 
automobiles is eligible for inclusion in a project.

[[Page 637]]

    (d) Landscaping is not eligible for inclusion in a project. However, 
the establishment of turf on graded areas and special treatment to 
prevent slope erosion is eligible to the extent of the eligibility of 
the facilities or areas served, preserved, or protected by the turf or 
treatment. In the case of turfing or treatment for an area or facility 
that is partly eligible and partly ineligible, the eligibility of the 
turfing or treatment is established on a pro rata basis.
    (e) The construction of sidewalks is not eligible for inclusion in a 
project.

[Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966; Amdt. 151-26, 33 FR 18434, Dec. 12, 1968]



Sec. 151.95  Fences; distance markers; navigational and landing aids; and 

offsite work.

    (a) Boundary or perimeter fences for security purposes are eligible 
for inclusion in a project.
    (b) A blast fence is eligible for inclusion in a project whenever--
    (1) It is necessary for safety at a runway end or a holding area 
near the end of a runway and its installation would be more economical 
than the acquiring of additional property interests; or
    (2) Its installation for safety at a turbojet-passenger gate will 
result in less separation being needed for gate positions, thereby 
reducing the need for apron expansion, and it is more economical to 
build the fence than to expand the apron.
    (c) The eligibility of runway distance markers for inclusion in a 
project is decided on a case-by-case basis.
    (d) The relocation of navigational aids is eligible for inclusion in 
a proj- ect whenever necessitated by development on the airport under a 
Program project and the sponsor is responsible under FAA Order OA 6030.1 
(Agency Order 53).
    (e) The installation of any of the following landing aids is 
eligible for inclusion in a project:
    (1) Segmented circle.
    (2) Wind and landing direction indicators.
    (3) Boundary markers.
    (f) The initial marking of runway and taxiway systems is eligible 
for inclusion in a project. The remarking of existing runways or 
taxiways is eligible if--
    (1) Present marking is obsolete under current FAA standards; or
    (2) Present marking is obliterated by construction, alteration or 
repair work included in a FAAP project or by the required routing of 
construction equipment used therein.

However, apron marking that is not allied with runway and taxiway 
marking systems, is not eligible.
    (g) The following offsite work performed outside of the boundaries 
of an airport or airport site is eligible for inclusion in a project:
    (1) Removal of obstruction as provided in Sec. 151.91.
    (2) Outfall drainage ditches, and the correction of any damage 
resulting from their construction.
    (3) Relocating of roads and utilities that are airport hazards as 
defined in Sec. 151.39(b).
    (4) Clearing, grading, and grubbing to allow installing of 
navigational aids.
    (5) Constructing and installing utilities.
    (6) Lighting of obstructions.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]



Sec. 151.97  Maintenance and repair.

    (a) Maintenance work is not airport development as defined in the 
Federal Airport Act and is not eligible for inclusion in the Program. 
Therefore, it is necessary in many cases that a determination be made 
whether particular proposed development is maintenance or repair. For 
the purpose of these determinations, maintenance includes any regular or 
recurring work necessary to preserve existing airport facilities in good 
condition, any work involved in cleaning or caring for existing airport 
facilities, and any incidental or minor repair work on existing airport 
facilities, such as--
    (1) Mowing and fertilizing of turfed areas;
    (2) Trimming and replacing of land- scaping material;
    (3) Cleaning of drainage systems including ditches, pipes, catch 
basins, and replacing and restoring eroded

[[Page 638]]

areas, except when caused by act of God or improper design;
    (4) Painting of buildings (inside and outside) and replacement of 
damaged items normally anticipated;
    (5) Repairing and replacing burned out or broken fixtures and 
cables, unless major reconstruction is needed;
    (6) Paving repairs in localized areas, except where the size of the 
work is such that it constitutes a major repair item or is part of a 
reconstruction project; and
    (7) Refilling joints and resealing surface of pavements.
    (b) Repair includes any work not included in paragraph (a) of this 
section that is necessary to restore existing airport facilities to good 
condition or preserve them in good condition.



Sec. 151.99  Modifications of programming standards.

    The Director, Airports, Service, or the Regional Director concerned 
may, on individual projects, when necessary for adaptation to meet local 
conditions, modify any standard set forth in or incorporated into this 
subpart, if he determines that the modification will provide an 
acceptable level of safety, economy, durability, or workmanship.

[Amdt. 151-13, 31 FR 11605, Sept. 2, 1966]



  Subpart D_Rules and Procedures for Advance Planning and Engineering 
                                Proposals

    Authority: 49 U.S.C. 106(g), 40113, 47151, 47153.

    Source: Docket No. 6227, 30 FR 8040, June 23, 1965, unless otherwise 
noted.



Sec. 151.111  Advance planning proposals: General.

    (a) Each advance planning and engineering proposal must relate to an 
airport layout plan or plans and specifications for the development of a 
new airport, or the further development of an existing airport. Each 
proposal must relate to a specific airport, either existing or planned, 
and may not be for general area planning.
    (b) Each proposal for the development or further development of an 
airport must have as its objective either the development of an airport 
layout plan, under Sec. 151.5(a), or the development of plans designed 
to lead to a project application, under Sec. Sec. 151.21(c) and 151.27, 
or both.
    (c) Each proposal must relate to planning and engineering for an 
airport that--
    (1) Is in a location shown on the National Airport Plan; and
    (2) Is not served by scheduled air carrier service and located in a 
large or medium hub, as identified in the current edition of ``Airport 
Activity Statistics of Certificated Route Air Carriers'' (published 
jointly by FAA and the Civil Aeronautics Board), that is available for 
inspection at any FAA Area or Regional Office, or for sale by the 
Superintendent of Documents, Government Printing Office, Washington, 
D.C. 20402.
    (d) Each proposal must relate to future airport development projects 
eligible under subparts B and C.

(49 U.S.C. 1115; sec. 308, 72 Stat. 750, 49 U.S.C. 1349)

[Doc. No. 6227, 30 FR 8040, June 23, 1965, as amended by Amdt. 151-24, 
33 FR 12545, Sept. 5, 1968]



Sec. 151.113  Advance planning proposals: Sponsor eligibility.

    The sponsor of an advance planning and engineering proposal must be 
a public agency, as defined in Sec. 151.37(a), and must be legally, 
financially, and otherwise able to--
    (a) Make the certifications, representations, and warranties 
required in the advance planning proposal, FAA Form 3731;
    (b) Enter into and perform the advance planning agreement;
    (c) Provide enough funds to pay all estimated proposal costs not 
borne by the United States; and
    (d) Meet any other applicable requirements of the Federal Airport 
Act and this subpart.



Sec. 151.115  Advance planning proposals: Cosponsorship and agency.

    Any two or more public agencies desiring to jointly participate in 
an advance planning proposal may cosponsor it. The cosponsorship and 
agency requirements and procedures set forth in Sec. 151.33, except 
Sec. 151.33(a)(1), also apply

[[Page 639]]

to advance planning proposals. In addition, the sponsor eligibility 
requirements set forth in Sec. 151.113 must be met by each 
participating public agency.



Sec. 151.117  Advance planning proposals: Procedures; application.

    (a) Each eligible sponsor desiring to obtain Federal aid for the 
purpose of advance planning and engineering must submit a completed FAA 
Form 3731, ``Advance Planning Proposal'', to the Area Manager.
    (b) The airport layout plan, if in existence, must accompany the 
advance planning proposal. If the advance planning proposal includes 
preparation of plans and specifications, enough details to identify the 
items of development to be covered by the plans and specifications must 
be shown. The proposal must be accompanied by evidentiary material 
establishing the basis for the estimated costs under the proposal, such 
as an offer from an engineering firm containing a schedule of services 
and charges therefor.

[Doc. No. 6227, 30 FR 8040, June 23, 1965 as amended by Amdt. 151-11, 31 
FR 6686, May 5, 1966]



Sec. 151.119  Advance planning proposals: Procedures; funding.

    The funding information required by Sec. 151.23, except the last 
sentence, also is required in connection with an advance planning 
proposal. The sponsor's share of estimated proposal costs may not 
consist of or include the value of donated labor, materials, or 
equipment.



Sec. 151.121  Procedures: Offer; sponsor assurances.

    Each sponsor must adopt the following covenant implementing the 
exclusive rights provisions of section 308(a) of the Federal Aviation 
Act of 1958, that is incorporated by reference into Part I of the 
Advance Planning Agreement:

    The sponsor--
    (a) Will not grant or permit any exclusive right forbidden by 
section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) 
at the airport, or at any other airport now or hereafter owned or 
controlled by it;
    (b) Agrees that, in furtherance of the policy of the FAA under this 
covenant, unless authorized by the Administrator, it will not, either 
directly or indirectly, grant or permit any person, firm or corporation 
the exclusive right at the airport, or at any other airport now or 
hereafter owned or controlled by it, to conduct any aeronautical 
activities, including, but not limited to, charter flights, pilot 
training, aircraft rental and sightseeing, aerial photography, crop 
dusting, aerial advertising and surveying, air carrier operations, 
aircraft sales and services, sale of aviation petroleum products whether 
or not conducted in conjunction with other aeronautical activity, repair 
and maintenance of aircraft, sale of aircraft parts, and any other 
activities which because of their direct relationship to the operation 
of aircraft can be regarded as an aeronautical activity;
    (c) Agrees that it will terminate any existing exclusive right to 
engage in the sale of gasoline or oil, or both, granted before July 17, 
1962, at such an airport, at the earliest renewal, cancellation, or 
expiration date applicable to the agreement that established the 
exclusive right; and
    (d) Agrees that it will terminate any other exclusive right to 
conduct any aeronautical activity now existing at such an airport before 
the grant of any assistance under the Federal Airport Act.

[Amdt. 151-30, 34 FR 3656, Mar. 1, 1969 as amended by Amdt. 151-32, 34 
FR 9617, June 19, 1969]



Sec. 151.123  Procedures: Offer; amendment; acceptance; advance planning 

agreement.

    (a) The procedures and requirements of Sec. 151.29 also apply to 
approved advance planning proposals. FAA's offer and the sponsor's 
acceptance constitute an advance planning grant agreement between the 
sponsor and the United States. The United States does not pay any of the 
advance planning costs incurred before the advance planning grant 
agreement is executed.
    (b) No grant is made unless the sponsor intends to begin airport 
development within three years after the date of sponsor's written 
acceptance of a grant offer. The sponsor's intention must be evidenced 
by an appropriate written statement in the proposal.



Sec. 151.125  Allowable advance planning costs.

    (a) The United States' share of the allowable costs of an advance 
planning proposal is stated in the advance planning grant agreement, but 
is not more than 50 percent of the total cost of the

[[Page 640]]

necessary and reasonable planning and engineering services.
    (b) The allowable advance planning costs consist of planning and 
engineering expenses necessarily incurred in effecting the advance 
planning proposal. Allowable cost items include--
    (1) Location surveys, such as preliminary topographic and soil 
exploration;
    (2) Site evaluation;
    (3) Preliminary engineering, such as stage construction outlines, 
cost estimates, and cost/benefit evaluation reports;
    (4) Contract drawings and specifications;
    (5) Testing; and
    (6) Incidental costs incurred to accomplish the proposal, that would 
not have been incurred otherwise.
    (c) To qualify as allowable, the advance planning costs paid or 
incurred by the sponsor must be--
    (1) Reasonably necessary and directly related to the planning or 
engineering included in the proposal as approved by FAA;
    (2) Reasonable in amount; and
    (3) Verified by sufficient evidence.



Sec. 151.127  Accounting and audit.

    The requirements of Sec. 151.55 relating to accounting and audit of 
project costs are also applicable to advance planning proposal costs. 
However, the requirement of segregating and grouping costs applies only 
to Sec. 151.55(a) (5) and (7) classifications.



Sec. 151.129  Payments.

    (a) The United States' share of advance planning costs is paid in 
two installments unless the advance planning grant agreement provides 
otherwise. Upon request by sponsor, the first payment may be made in an 
amount not more than 50 percent of the maximum obligation of the United 
States stipulated in the advance planning grant agreement upon 
certification by sponsor that 50 percent or more of the proposed work 
has been completed. The final payment is made upon the sponsor's request 
after--
    (1) The conditions of the advance planning grant agreement have been 
met;
    (2) Evidence of cost of each item has been submitted; and
    (3) Audit of submitted evidence or audit of sponsor's records, if 
considered desirable by FAA, has been made.
    (b) When the advance planning proposal relates to the selection of 
an airport site, the advance planning grant agreement provides that 
Federal funds are paid to the sponsor only after the site is selected 
and the Administrator is satisfied that the site selected for the 
airport is reasonably consistent with existing plans of public agencies 
for development of the area in which the site is located, and will 
contribute to the accomplishment of the purposes of the Federal-aid 
Airport Program.



Sec. 151.131  Forms.

    The forms used for the purpose of obtaining an advance planning and 
engineering grant are as follows:
    (a) Advance planning proposal, FAA Form 3731--(1) Part I. This part 
of the form contains a request for the grant of Federal funds under the 
Federal Airport Act for the purpose of aiding in financing a proposal 
for the development of an airport layout plan or plans, or both, 
designed to lead to a project application, with spaces provided for 
inserting information needed for considering the request, including the 
location of the airport, a description of the plan or plans to be 
developed, and the estimate of planning and engineering costs.
    (2) Part II. This part of the form includes the sponsor's 
representation that it will comply with the provisions of part 15 of the 
Federal Aviation Regulations (14 CFR part 15), and representations 
concerning its legal authority to undertake the proposal, the 
availability of funds for its share of the proposal costs, its intention 
to initiate construction of a safe, useful and usable airport facility 
shown on an airport layout plan developed under the proposal, or 
initiate the construction of the item or items of airport development 
shown on the plans developed under the proposal and designed to lead to 
a project application, or both, within three years after the date of 
acceptance of the offer. It also includes the sponsor's representation 
as to the method of financing the intended construction, approval of 
other agencies, defaults, possible disabilities, and a

[[Page 641]]

statement concerning accept- ance to be executed by the sponsor and 
certified by its attorney.
    (b) Advance planning agreement, FAA Form 3732--(1) Part I. This part 
of the form contains an offer by the United States to pay a specified 
percentage not to exceed 50% of the allowable proposal costs, as 
described therein, on specific terms relating to the carrying out of the 
proposal, allowability of costs, payment of the United States' share and 
sponsor's agreement to comply with the exclusive rights provision of 
section 308(a) of the Federal Aviation Act of 1958.
    (2) Part II. This part of the form contains the acceptance of the 
offer by the sponsor, execution of the acceptance by the sponsor, and 
the certification by the sponsor's attorney.



                       Sec. Appendix A to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of land acquisition as covered by Sec. 151.73:

                         Typical Eligible Items

    1. Land for:
    (a) Initial acquisition for entire airport developments, including 
building areas as delineated on the approved airport layout plan.
    (b) Expansion of airport facilities.
    (c) Clear zones at ends of eligible runways.
    (d) Approach lights (land for ALS eligible for 75 percent 
participation will be limited to an area 3200[foot] x 400[foot] for a 
Standard ALS and to an area 1700[foot] x 400[foot] for a short ALS 
located symmetrically about the runway centerline extended, beginning at 
the end of the runway).
    (e) Approach protection.
    (f) Airport utilities.
    2. Easements for:
    (a) Use of air space by aircraft.
    (b) Storm-water run-off.
    (c) Powerlines to serve offsite obstruction lights.
    (d) Airport utilities.
    3. Extinguishment of easements which interfere with airport 
development.

                        Typical Ineligible Items

    1. Land required only for:
    (a) Industrial and other non-airport purposes.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]



                       Sec. Appendix B to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of site preparation as covered by Sec. 151.75 of this 
chapter:

                         Typical Eligible Items

    1. General site preparation:
    (a) Clearing of site.
    (b) Grubbing of site.
    (c) Grading of site.
    (d) Storm drainage of site.
    2. Erosion control.
    3. Grading to remove obstructions.
    4. Grading for installing navigation aids on airport property.
    5. Dredging of seaplane anchorages and channels.

                        Typical Ineligible Items

    1. Specific site preparation (not a part of an over-all site 
preparation project) for:
    (a) Hangars and other buildings ineligible under the Act.
    (b) Public parking facilities for passenger automobiles.
    (c) Industrial and other non-airport purposes.

[Doc. No. 1329, 27 FR 12359, Dec. 13, 1962]



                       Sec. Appendix C to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of runway paving as covered by Sec. 151.77 of this 
chapter:

                         Typical Eligible Items

    1. New runways for specified loadings.
    2. Runway widening of extensions for specified loadings.
    3. Reconstruction of existing runways for specified loadings.
    4. Resurfacing runways for specified strength or for smoothness.
    5. Runway grooving to improve skid resist- ance.

                        Typical Ineligible Items

    1. Maintenance-type work, including:
    (a) Seal coats.
    (b) Crack filling.
    (c) Resealing joints.
    (d) Runway patching.
    (e) Isolated repair.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-29, 
34 FR 1634, Feb. 4, 1969]



                       Sec. Appendix D to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of taxiway paving as covered by Sec. 151.81 of this 
chapter:

[[Page 642]]

                         Typical Eligible Items

    1. Basic types of pavement listed as eligible under Sec. 151.77.
    2. Taxiway providing access to ends and intermediate points of 
eligible runways.
    3. Bleed-off taxiways.
    4. Bypass taxiways.
    5. Run-up pads.
    6. Primary taxiway systems providing access to hangar areas and 
other building areas delineated on approved airport layout plan.
    7. Secondary taxiways providing access to groups of individual 
storage hangars and/or multiple-unit tee hangars.

                        Typical Ineligible Items

    1. Basic types of pavement listed as ineligible under Sec. 151.77.
    2. Taxiways providing access to an area not offering aircraft 
storage and/or service to the public.
    3. Lead-ins to individual storage hangars.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-8, 
30 FR 8040, June 23, 1965]



                       Sec. Appendix E to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of apron paving as covered by Sec. 151.83 of this 
chapter:

                         Typical Eligible Items

    1. Basic types of pavement listed as eligible under Sec. 151.77.
    2. Loading ramps.
    3. Aprons available for public parking, storage, and service or a 
combination of any of the three.
    4. Aprons serving hangars used for public storage of aircraft or 
service to the public, or both.
    5. Aprons for cargo buildings used for public storage or service to 
the public, or both.

                        Typical Ineligible Items

    1. Basic types of pavement listed as ineligible under Sec. 151.77.
    2. Aprons serving installations for nonpublic use.
    3. Paving inside a hangar or on the proposed site of a hangar.
    4. Aprons for cargo buildings not under Item 5 of the ``Typical 
Eligible Items''.
    5. Apron services (pits or pipes for chemicals) will not be 
eligible.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-17, 
31 FR 16525, Dec. 28, 1966]



                       Sec. Appendix F to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of airport lighting covered by Sec. Sec. 151.86 and 
151.87 of this chapter:

                         Typical Eligible Items

    1. Runway edge lights (high intensity, medium intensity, and low 
intensity).
    2. In-runway lighting (touchdown zone lighting system, centerline 
lighting system, and exit taxiway lighting system).
    3. Taxiway lights.
    4. Taxiway guidance signs.
    5. Obstruction lights.
    6. Apron floodlights.
    7. Beacons.
    8. Wind and landing direction indicators.
    9. Electrical ducts and manholes.
    10. Transformer or generator vaults.
    11. Control panels for field lighting.
    12. Control equipment for field lighting.
    13. Auxiliary power.
    14. Lighting offsite obstructions.
    15. Electrical vaults for field lighting.

                        Typical Ineligible Items

    1. Electronic navigation aids.
    2. Approach lights.
    3. Horizon lights.
    4. Isolated repair and reconstruction of airport lighting.
    5. Lighting of public parking area for passenger automobiles.
    6. Street or road lighting.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt. 151-24, 
33 FR 12545, Sept. 5, 1968; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]



                       Sec. Appendix G to Part 151

    There is set forth below an itemization of typical eligible and 
ineligible items of road construction covered by Sec. 151.89 of this 
chapter:

                         Typical Eligible Items

    1. Entrance roads.
    2. Service roads for access to public areas.
    3. Service roads for airport maintenance (including perimeter 
airport service road within airport boundary and not for general public 
access).
    4. Relocation of roads to permit airport development or expansion or 
to remove obstructions.

                        Typical Ineligible Items

    1. Offsite roads.
    2. Roads to areas of exclusive use.

[Doc. No. 1329, 27 FR 12360, Dec. 13, 1962]



                       Sec. Appendix H to Part 151

    There is set forth below the contract provision required by the 
regulations of the Secretary of Labor in part 5 of title 29 of the

[[Page 643]]

Code of Federal Regulations. Section 151.49(a) requires sponsors to 
insert this provision in full in each construction contract.

     provision required by the regulations of the secretary of labor

    A. Minimum wages. (1) All mechanics and laborers employed or working 
upon the site of the work will be paid unconditionally and not less 
often than once a week, and without subsequent deduction or rebate on 
any account (except such payroll deductions as are permitted by 
regulations issued by the Secretary of Labor under the Copeland Act [29 
CFR part 3]), the full amounts due at time of payment computed at wage 
rates not less than those contained in the wage determination 
decision(s) of the Secretary of Labor which is (are) attached hereto and 
made a part hereof, regardless of any contractual relationship which may 
be alleged to exist between the contractor and such laborers and 
mechanics; and the wage determination decision(s) shall be posted by the 
contractor at the site of the work in a prominent place where it (they) 
can be easily seen by the workers. For the purpose of this paragraph, 
contributions made or costs reasonably anticipated under section 1(b)(2) 
of the Davis-Bacon Act on behalf of laborers or mechanics are considered 
wages paid to such laborers or mechanics, subject to the provisions of 
subparagraph (4) below. Also for the purpose of this paragraph, regular 
contributions made or costs incurred for more than a weekly period under 
plans, funds, or programs, but covering the particular weekly period, 
are deemed to be constructively made or incurred during such weekly 
period (29 CFR 5.5(a)(1)(i)).
    (2) Any class of laborers or mechanics which is not listed in the 
wage determination(s) and which is to be employed under the contract, 
shall be classified or reclassified comformably to the wage 
determination(s), and a report of the action taken shall be sent by the 
[insert sponsor's name] to the FAA for approval and transmittal to the 
Secretary of Labor. In the event that the interested parties cannot 
agree on the proper classification or reclassification of a particular 
class of laborers and mechanics to be used, the question accompanied by 
the recommendation of the FAA shall be referred to the Secretary of 
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
    (3) Whenever the minimum wage rate prescribed in the contract for a 
class of laborers or mechanics includes a fringe benefit which is not 
expressed as an hourly wage rate and the contractor is obligated to pay 
a cash equivalent of such a fringe benefit, an hourly cash equivalent 
thereof shall be established. In the event the interested parties cannot 
agree upon a cash equivalent of the fringe benefit, the question, 
accompanied by the recommendation of the FAA shall be referred to the 
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
    (4) If the contractor does not make payments to a trustee or other 
third person, he may consider as part of the wages of any laborer or 
mechanic the amount of any costs reasonably anticipated in providing 
benefits under a plan or program of a type expressly listed in the wage 
determination decision of the Secretary of Labor which is a part of this 
contract: Provided, however, The Secretary of Labor has found, upon the 
written request of the contractor, that the applicable standards of the 
Davis-Bacon Act have been met. The Secretary of Labor may require the 
contractor to set aside in a separate account assets for the meeting of 
obligations under the plan or program.
    B. Withholding: FAA from sponsor. Pursuant to the terms of the grant 
agreement between the United States and [insert sponsor's name], 
relating to Federal-aid Airport Project No. ----, and part 151 of the 
Federal Aviation Regulations (14 CFR part 151), the FAA may withhold or 
cause to be withheld from the [insert sponsor's name] so much of the 
accrued payments or advances as may be considered necessary to pay 
laborers and mechanics employed by the contractor or any subcontractor 
on the work the full amount of wages required by this contract. In the 
event of failure to pay any laborer or mechanic employed or working on 
the site of the work all or part of the wages required by this contract, 
the FAA may, after written notice to the [insert sponsor's name], take 
such action as may be necessary to cause the suspension of any further 
payment or advance of funds until such violations have ceased (29 CFR 
5.5(a)(2)).
    C. Payrolls and basic records. (1) Payrolls and basic records 
relating thereto will be maintained during the course of the work and 
preserved for a period of three years thereafter for all laborers and 
mechanics working at the site of the work. Such records will contain the 
name and address of each such employee, his correct classification, 
rates of pay (including rates of contributions or costs anticipated of 
the types described in section 1(b)(2) of the Davis-Bacon Act), daily 
and weekly number of hours worked, deductions made and actual wages 
paid. Whenever the Secretary of Labor has found, under 29 CFR 
5.5(a)(1)(iv) (see subparagraph (4) of subparagraph (A) above), that the 
wages of any laborer or mechanic include the amount of any costs 
reasonably anticipated in providing benefits under a plan or program 
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor 
shall maintain records which show that the commitment to provide such 
benefits is enforceable, that the plan or program is financially 
responsible, and that the plan

[[Page 644]]

or program has been communicated in writing to the laborers or mechanics 
affected, and records which show the costs anticipated or the actual 
cost incurred in providing such benefits (29 CFR 5.5(a)(3)(i)).
    (2) The contractor will submit weekly a copy of all payrolls to the 
[insert sponsor's name] for transmission to the FAA, as required by 
Sec. 151.53(a). The copy shall be accompanied by a statement signed by 
the employer or his agent indicating that the payrolls are correct and 
complete, that the wage rates contained therein are not less than those 
determined by the Secretary of Labor and that the classifications set 
forth for each laborer or mechanic conform with the work he performed. A 
submission of a ``Weekly Statement of Compliance'' which is required 
under this contract and the Copeland regulations of the Secretary of 
Labor (29 CFR part 3) and the filing with the initial payroll or any 
subsequent payroll of a copy of any findings by the Secretary of Labor, 
under 29 CFR 5.5(a)(1)(iv) (see subparagraph (4) of paragraph (A) 
above), shall satisfy this requirement. The prime contractor shall be 
responsible for the submission of copies of payrolls of all 
subcontractors. The contractor will make the records required under the 
labor standards clauses of the contract available for inspection by 
authorized representatives of the FAA and the Department of Labor, and 
will permit such representatives to interview employees during working 
hours on the job (29 CFR 5.5(a)(3)(ii)).
    D. Apprentices. Apprentices will be permitted to work as such only 
when they are registered, individually, under a bona fide apprenticeship 
program registered with a State apprenticeship agency which is 
recognized by the Bureau of Apprenticeship and Training, United States 
Department of Labor; or, if no such recognized agency exists in a State, 
under a program registered with the Bureau of Apprenticeship and 
Training, United States Department of Labor. The allowable ratio of 
apprentices to journeymen in any craft classification shall not be 
greater than the ratio permitted to the contractor as to his entire work 
force under the registered program. Any employee listed on a payroll at 
an apprentice wage rate, who is not registered as above, shall be paid 
the wage rate determined by the Secretary of Labor for the 
classification of work he actually performed. The contractor or 
subcontractor will be required to furnish to the [insert sponsor's name] 
written evidence of the registration of his program and apprentices as 
well as of the appropriate ratios and wage rates, for the area of 
construction prior to using any apprentices on the contract work (29 CFR 
5.5(a)(4)).
    E. Compliance with Copeland Regulations. The contractor shall comply 
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor 
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
    F. Overtime requirements. No contractor or subcontractor contracting 
for any part of the contract work which may require or involve the 
employment of laborers or mechanics shall require or permit any laborer 
or mechanic in any workweek in which he is employed on such work to work 
in excess of eight hours in any calendar day or in excess of forty hours 
in such workweek unless such laborer or mechanic received compensation 
at a rate not less than one and one-half times his basic rate of pay for 
all hours worked in excess of eight hours in any calendar day or in 
excess of forty hours in such workweek, as the case may be (29 CFR 
5.5(c)(1)).
    G. Violations; liability for unpaid wages; liquidated damages. In 
the event of any violation of paragraph F of this provision, the 
contractor and any subcontractor responsible therefore shall be liable 
to any affected employee for his unpaid wages. In addition, such 
contractor and subcontractor shall be liable to the United States for 
liquidated damages. Such liquidated damages shall be computed, with 
respect to each individual laborer or mechanic employed in violation of 
said paragraph F of this provision, in the sum of $10 for each calendar 
day on which such employee was required or permitted to work in excess 
of eight hours or in excess of the standard workweek of forty hours 
without payment of the overtime wages required by said paragraph F of 
this provision (29 CFR 5.5 (c)(2)).
    H. Withholding for unpaid wages and liquidated damages, and priority 
of payment (1) The FAA may withhold or cause to be withheld, from any 
moneys payable on account of work performed by the contractor or 
subcontractor, such sums as may administratively be determined to be 
necessary to satisfy any liabilities of such contractor or subcontractor 
for unpaid wages and liquidated damages as provided in paragraph G of 
this provision (29 CFR 5.5(c)(3)).
    (2) In the event of failure or refusal of the contractor or any 
subcontractor to comply with overtime pay requirements of the Contract 
Work Hours Standards Act, if the funds withheld by the FAA for the 
violations are not sufficient to pay fully both the unpaid wages due 
laborers and mechanics and the liquidated damages due the United States, 
the available funds shall be used first to compensate the laborers and 
mechanics for the wages to which they are entitled (or an equitable 
portion thereof when the funds are not adequate for this purpose); and 
the balance, if any, shall be used for the payment of liquidated damages 
(29 CFR 5.14 (d)(2)).
    I. Subcontracts. The contractor will insert in each of his 
subcontracts the clauses contained in paragraphs A through H and J of 
this provision, and also a clause requiring

[[Page 645]]

the subcontractors to include these provisions in any lower tier 
subcontracts which they may enter into, together with a clause requiring 
this insertion in any further subcontracts that may in turn be made (29 
CFR 5.5(a)(6), 5.5(c)(4)).
    J. Contract termination; debarment. A breach of paragraphs A through 
I of this provision may be grounds for termination of the contract. A 
breach of paragraphs A through E and I may also be grounds for debarment 
as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor 
(29 CFR 5.5(a)(8)).

[Doc. No. 6387, 29 FR 18002, Dec. 18, 1964, as amended by Amdt. 151-9, 
30 FR 14197, Nov. 11, 1965; Amdt. 151-38, 35 FR 5112, Mar. 26, 1970]



                       Sec. Appendix I to Part 151

     [Lists of Advisory Circulars incorporated by Sec.  151.72: (a)
                  Circulars available free of charge.]
------------------------------------------------------------------------
                Number                               Subject
------------------------------------------------------------------------
AC 150/5300-3.........................  Adaptation of TSO-N18 Criterion
                                         to Clearways and Stopways.
AC 150/5325-2A........................  Airport Surface Areas Gradient
                                         Standards.
AC 150/5325-4.........................  Runway Length Requirements for
                                         Airport Design.
AC 150/5330-2.........................  Runway/Taxiway Widths and
                                         Clearances.
AC 150/5335-1.........................  Airway Taxiways.
AC 150/5340-1A........................  Marking of Serviceable Runways
                                         and Taxiways.
AC 150/5340-3.........................  Configuration Details of In-
                                         Runway Lighting: Touchdown
                                         Zone, Runway Centerline, and
                                         Taxiway Turnoff Lighting
                                         Systems.
AC 150/5340-4A........................  Installation Details for
                                         Centerline and Touchdown Zone
                                         Lighting Systems.
AC 150/5340-5.........................  Segmented Circle Airport Marker
                                         System.
AC 150/5340-7.........................  Marking of Deceptive, Closed,
                                         and Hazardous Areas on
                                         Airports.
AC 150/5340-13........................  High Intensity Lighting System.
AC 150/5340-14........................  Economy Approach Lighting Aids.
AC 150/5340-15........................  Taxiway Lighting System.
AC 150/5345-1A........................  Approved Airport Lighting
                                         Equipment.
AC 150/5345-2.........................  Specification for L-810
                                         Obstruction Light.
AC 150/5345-3.........................  Specification for L-821 Airport
                                         Lighting Panel for Remote
                                         Control of Airport Lighting.
AC 150/5345-4.........................  Specification for L-829
                                         Internally Lighted Airport Taxi
                                         Guidance Sign.
AC 150/5345-5.........................  Specification for L-847 Circuit
                                         Selector Switch, 5000 Volt 20
                                         Ampere.
AC 150/5345-6.........................  Specification for L-809 Airport
                                         Light Base and Transformer
                                         Housing.
AC 150/5345-7.........................  Specification for L-824
                                         Underground Electrical Cables
                                         for Airport Lighting Circuits.
AC 150/5345-8.........................  Specification for L-840 Low
                                         Intensity Runway, Landing Strip
                                         and Taxiway Light.
AC 150/5345-9A........................  Specification for L-819 Fixed
                                         Focus Bidirectional High
                                         Intensity Runway Light.
AC 150/5345-10A.......................  Specification for L-828 Constant
                                         Current Regulator with Stepless
                                         Brightness Control.
AC 150/5345-11........................  Specification for L-812 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly, 4 KW and
                                         7\1/2\ KW, with Brightness
                                         Control for Remote Operation.
AC 150/5345-12........................  Specification for L-801 Beacon
                                         for Small Airports.
AC 150/5345-13........................  Specification for L-841
                                         Auxiliary Relay Cabinet
                                         Assembly for Pilot Control of
                                         Airport Lighting Circuits.
AC 150/5345-14........................  Specification for L-827 ``A''
                                         Frame Hinged Support for 12-
                                         Foot Wind Cone.
AC 150/5345-15........................  Specification for L-842 Airport
                                         Centerline Light.
AC 150/5345-16........................  Specification for L-843 Airport
                                         In-Runway Touchdown Zone Light.
AC 150/5345-17........................  Specification for L-845
                                         Semiflush Inset Prismatic
                                         Airport Light.
AC 150/5345-18........................  Specification for L-811 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly, 4 KW; With
                                         Brightness Control and Runway
                                         Selection for Direct Operation.
AC 150/5345-19........................  Specification for L-838
                                         Semiflush Prismatic Airport
                                         Light.
AC 150/5345-20........................  Specification for L-802 Runway
                                         and Strip Light.
AC 150/5345-21........................  Specification for L-813 Static
                                         Indoor Type Constant Current
                                         Regulator Assembly; 4 KW and
                                         7\1/2\ KW; for Remote Operation
                                         of Taxiway Lights.
AC 150/5345-22........................  Specification for L-834
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit.
AC 150/5345-23........................  Specification for L-822 Taxiway
                                         Edge Light.
AC 150/5345-24........................  Specification for L-849
                                         Condenser Discharge Type
                                         Flashing Light.
AC 150/5345-25........................  Specification for L-848 Medium
                                         Intensity Approach Light Bar
                                         Assembly.
AC 150/5345-26........................  Specification for L-823 Plug and
                                         Receptacle, Cable Connectors.
AC 150/5345-27........................  Specification for L-807 Eight-
                                         Foot Illuminated Wind Cone.
AC 150/5345-30........................  Specification for L-846
                                         Electrical Wire for Lighting
                                         Circuits To Be Installed in
                                         Airport Pavements.
AC 150/5345-31........................  Specification for L-833
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 600 Volt or
                                         3,000 Volt Series Circuits.
AC 150/5345-32........................  Specification for L-837 Large-
                                         Size Light Base and Transformer
                                         Housing.
AC 150/5345-33........................  Specification for L-844
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit 20/6.6 Amperes
                                         200 Watt.
AC 150/5345-34........................  Specification for L-839
                                         Individual Lamp Series-to-
                                         Series Type Insulating
                                         Transformer for 5,000 Volt
                                         Series Circuit 6.6/20 Amperes
                                         300 Watt.

[[Page 646]]

 
AC 150/5345-35........................  Specification for L-816 Circuit
                                         Selector Cabinet Assembly for
                                         600 Volt Series Circuits.
AC 150/5345-36........................  Specification for L-808 Lighted
                                         Wind Tee.
AC 150/5345-37A.......................  FAA Specification L-850, Light
                                         Assembly, Airport Runway,
                                         Centerline.
AC 150/5370-3.........................  Materials and Tests Required by
                                         AC 150/5370-1, Standard
                                         Specifications for Construction
                                         of Airports.
AC 150/5310-1.........................  Preparation of Airport Layout
                                         Plans.
 
  (b) Circulars for sale at the price stated.
 
AC 150/5370-1.........................  Standard Specifications for
                                         Construction of Airports;
                                         $2.75.
AC 150/5370-1, CH 1...................  Standard Specifications for
                                         Construction of Airports;
                                         $0.35.
------------------------------------------------------------------------


[Amdt. 151-13, 31 FR 11606, Sept. 2, 1966, as amended by Amdt. 151-15, 
31 FR 13423, Oct. 18, 1966]



PART 152_AIRPORT AID PROGRAM--Table of Contents




                            Subpart A_General

Sec.
152.1 Applicability.
152.3 Definitions.
152.5 Exemptions.
152.7 Certifications.
152.9 Forms.
152.11 Incorporation by reference.

      Subpart B_Eligibility Requirements and Application Procedures

152.101 Applicability.
152.103 Sponsors: Airport development.
152.105 Sponsors and planning agencies: Airport planning.
152.107 Project eligibility: Airport development.
152.109 Project eligibility: Airport planning.
152.111 Application requirements: Airport development.
152.113 Application requirements: Airport planning.
152.115 Grant agreement: Offer, acceptance, and amendment.
152.117 Public hearings.
152.119 Contract requirements and procurement standards.

                 Subpart C_Funding of Approved Projects

152.201 Applicability.
152.203 Allowable project costs.
152.205 United States share of project costs.
152.207 Proceeds from disposition of land.
152.209 Grant payments: General.
152.211 Grant payments: Land acquisition.
152.213 Grant closeout requirements.

             Subpart D_Accounting and Reporting Requirements

152.301 Applicability.
152.303 Financial management system.
152.305 Accounting records.
152.307 Retention of records.
152.309 Availability of sponsor's records.
152.311 Availability of contractor's records.
152.313 Property management standards.
152.315 Reporting on accrual basis.
152.317 Report of Federal cash transactions.
152.319 Monitoring and reporting of program performance.
152.321 Notice of delay or acceleration.
152.323 Budget revision: Airport development.
152.325 Financial status report: Airport planning.

           Subpart E_Nondiscrimination in Airport Aid Program

152.401 Applicability.
152.403 Definitions.
152.405 Assurances.
152.407 Affirmative action plan: General.
152.409 Affirmative action plan standards.
152.411 Affirmative action steps.
152.413 Notice requirement.
152.415 Records and reports.
152.417 Monitoring employment.
152.419 Minority business.
152.421 Public accommodations, services, and benefits.
152.423 Investigation and enforcement.
152.425 Effect of subpart.

             Subpart F_Suspension and Termination of Grants

152.501 Applicability.
152.503 Suspension of grant.
152.505 Termination for cause.
152.507 Termination for convenience.
152.509 Request for reconsideration.

          Subpart G_Energy Conservation in Airport Aid Program

152.601 Purpose.
152.603 Applicability.
152.605 Definitions.
152.607 Building design requirements.
152.609 Energy conservation practices.

Appendix A to Part 152--Contract and Labor Provisions
Appendix B to Part 152--List of Advisory Circulars Incorporated by Sec. 
          152.11
Appendix C to Part 152--Procurement Procedures and Requirements
Appendix D to Part 152--Assurances

    Authority: 49 U.S.C. 106(g), 47106, 47127.

    Source: Docket No. 19430, 45 FR 34784, May 22, 1980, unless 
otherwise noted.

[[Page 647]]



                            Subpart A_General



Sec. 152.1  Applicability.

    This part applies to airport planning and development under the 
Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 
et seq.).



Sec. 152.3  Definitions.

    The following are definitions of terms used throughout this part:
    AADA means the Airport and Airway Development Act of 1970, as 
amended (49 U.S.C. 1701 et seq.).
    Air carrier airport means--
    (1) An existing public airport regularly served, or a new public 
airport that the Administrator determines will be regularly served, by 
an air carrier, other than a charter air carrier, certificated by the 
Civil Aeronautics Board under section 401 of the Federal Aviation Act of 
1958; and
    (2) A commuter service airport.
    Airport means--
    (1) Any area of land or water that is used, or intended for use, for 
the landing and takeoff of aircraft;
    (2) Any appurtenant areas that are used, or intended for use, for 
airport buildings, other airport facilities, or rights-of-way; and
    (3) All airport buildings and facilities located on the areas 
specified in this definition.
    Airport development means--
    (1) Any work involved in constructing, improving, or repairing a 
public airport or portion thereof, including the removal, lowering, 
relocation, and marking and lighting or airport hazards, and including 
navigation aids used by aircraft landing at, or taking off from, a 
public airport, and including safety equipment required by rule or 
regulation for certification of the airport under section 612 of the 
Federal Aviation Act of 1958, and security equipment required of the 
sponsor by the FAA by rule or regulation for the safety and security of 
persons or property on the airport, and including snow removal 
equipment, and including the purchase of noise suppressing equipment, 
the construction of physical barriers, and landscaping for the purpose 
of diminishing the effect of aircraft noise on any area adjacent to a 
public airport.
    (2) Any acquisition of land or of any interest therein, or of any 
easement through or other interest in airspace, including land for 
future airport development, which is necessary to permit any such work 
or to remove or mitigate or prevent or limit the establishment of, 
airport hazards; and
    (3) Any acquisition of land or of any interest therein necessary to 
insure that such land is used only for purposes which are compatible 
with the noise levels of the operation of a public airport.
    Airport hazard means any structure or object of natural growth 
located on or in the vicinity of a public airport, or any use of land 
near a public airport, that--
    (1) Obstructs the airspace required for the flight of aircraft 
landing or taking off at the airport; or
    (2) Is otherwise hazardous to aircraft landing or taking off at the 
airport.
    Airport layout plan means a plan for the layout of an airport, 
showing existing and proposed airport facilities.
    Airport master planning means the development for planning purposes 
of information and guidance to determine the extent, type, and nature of 
development needed at a specific airport.
    Airport system planning means the development for planning purposes 
of information and guidance to determine the extent, type, nature, 
location, and timing of airport development needed in a specific area to 
establish a viable and balanced system of public airports.
    Audit means the examination and verification of part or all of the 
documentary evidence supporting an item of project cost in accordance 
with Attachment P of Office of Management and Budget Circular A-102 (44 
FR 60958).
    Commuter service airport means an air carrier airport--
    (1) That is not served by an air carrier certificated under section 
401 of the Federal Aviation Act of 1958;
    (2) That is regularly served by one or more air carriers operating 
under an exemption granted by the Civil Aeronautics Board from section 
401(a) of the Federal Aviation Act of 1958; and

[[Page 648]]

    (3) At which not less than 2,500 passengers were enplaned during the 
preceding calendar year by air carriers operating under an exemption 
from section 401(a).
    Force account means--
    (1) The sponsor's or planning agency's own labor force; or
    (2) The labor force of another public agency acting as an agent of 
the sponsor or planning agency.
    General aviation airport means a public airport other than an air 
carrier airport.
    Landing area means an area used, or intended to be used, for the 
landing, takeoff, or surface maneuvering of aircraft.
    NASP means the National Airport System Plan.
    National Airport System Plan means the plan for the development of 
public airports in the United States formulated by the Administrator 
under section 12 of the AADA.
    Nonrevenue producing public-use areas means areas that are directly 
related to the movement of passengers and baggage in air commerce within 
the boundaries of the airport.
    Passengers enplaned means--
    (1) United States domestic, territorial, and international revenue 
passenger enplanements in scheduled and nonscheduled service of air 
carriers; and
    (2) Revenue passenger enplanements by foreign air carriers in 
intrastate and interstate commerce.
    Planning agency means a planning agency designated by the 
Administrator that is authorized by the laws of a State, the 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the 
Trust Territory of the Pacific Islands, or Guam, or by the laws of a 
political subdivision of any of those entities, to engage in areawide 
planning for the areas in which assistance under this part is to be 
used.
    Project means a project for the accomplishment of airport 
development, airport master planning, or airport system planning.
    Project costs means any costs involved in accomplishing a project.
    Project formulation costs means, with respect to projects for 
airport development, any necessary costs of formulating a project 
including--
    (1) The costs of field surveys and the preparation of plans and 
specifications;
    (2) The acquisition of land or interests in land, or easement 
through or other interests in airspace; and
    (3) Any necessary administrative or other incidental costs incurred 
by the sponsor specifically in connection with the accomplishment of a 
project for airport development, that would not have been incurred 
otherwise.
    Public agency means--
    (1) A state, the Commonwealth of Puerto Rico, the Virgin Islands, 
American Samoa, the Trust Territory of the Pacific Islands, the 
Government of the Northern Marianas, Guam, or any agency of those 
entities;
    (2) A municipality or other political subdivision;
    (3) A tax-supported organization; or
    (4) An Indian tribe or pueblo.
    Public airport means any airport that--
    (1) Is used, or intended to be used, for public purposes;
    (2) Is under the control of a public agency; and
    (3) Has a property interest satisfactory to the Administrator in the 
landing area.
    Reliever airport means a general aviation airport designated by the 
Administrator as having the primary function of relieving congestion at 
an air carrier airport by diverting from that airport general aviation 
traffic.
    Runway clear zone means an area at ground level underlying a portion 
of the approach surface specified in the standards incorporated into 
this part by Sec. 152.11.
    Satisfactory property interest means--
    (1) Title free and clear of any reversionary interest, lien, 
easement, lease, or other encumbrance that, in the opinion of the 
Administrator would--
    (i) Create an undue risk that it might deprive the sponsor of 
possession or control;
    (ii) Interfere with the use of the airport for public airport 
purposes; or
    (iii) Make it impossible for the sponsor to carry out the agreements 
and convenants in its grant application;
    (2) Unless a shorter term is authorized by the Administrator, a 
lease of

[[Page 649]]

not less than 20 years granted to the sponsor by another public agency, 
or the United States, that has title as described in paragraph (1) of 
this definition, on terms that the Administrator considers satisfactory;
    (3) In the case of an off-airport area, title or an agreement, 
easement, leasehold or other right or property interest that, in the 
Administrator's opinion, provides reasonable assurance that the sponsor 
will not be deprived of its right to use the land for the intended 
purpose during the period necessary to meet the requirements of the 
grant agreement; or
    (4) In the case of a runway clear zone, an easement or a covenant 
running with the land, giving the airport operator or owner enough 
control to rid the clear zone of all airport hazards and prevent the 
creation of future airport hazards.
    Sponsor means any public agency that, whether individually or 
jointly with one or more other public agencies, submits to the 
Administrator, in accordance with this part, an application for 
financial assistance.
    Stage development means airport development accomplished under stage 
construction over not less than two years where the sponsor assures that 
any development not funded under the initial grant agreement will be 
completed with or without Federal funds.
    State means a State of the United States or the District of 
Columbia.
    Terminal development means airport development in the nonrevenue 
producing public-use areas which are associated with the terminal and 
which are directly related to the movement of passengers and baggage in 
air commerce within the boundaries of the airport, including, but not 
limited to, vehicles for the movement of passengers between terminal 
facilities and aircraft.
    Unified Planning Work Program means a single document prepared by a 
local areawide planning agency that identifies all transportation and 
related planning activities that will be undertaken within the 
metropolitan area during a one-year or two-year period.



Sec. 152.5  Exemptions.

    (a) Except as provided in paragraph (b) of this section, any 
interested person may petition the Regional Director concerned for a 
temporary or permanent exemption from any requirement of this part.
    (b) The Regional Director concerned does not issue an exemption from 
any rule of this part if the grant of exemption would be inconsistent 
with a specific provision of, or the purpose of, the AADA, or any other 
applicable Federal law.
    (c) Each petition filed under this section must--
    (1) Unless otherwise authorized by the Regional Director concerned, 
be submitted not less than 60 days before the proposed effective date of 
the exemption;
    (2) Be submitted in duplicate to the FAA Regional Office or Airports 
District Office having jurisdiction over the area in which the airport 
is located;
    (3) Contain the text or substance of the rule from which the 
exemption is sought;
    (4) Explain the nature and extent of the relief sought; and
    (5) Contain any information, views, or arguments in support of the 
exemption.
    (d) The Regional Director concerned either grants or denies the 
exemption and notifies the petitioner of the decision. The FAA publishes 
a summary of the grant or denial of petition for exemption in the 
Federal Register.
    The summary includes--
    (1) The docket number of the petition;
    (2) The name of the petitioner;
    (3) A citation of each rule from which relief is requested;
    (4) A brief description of the general nature of the relief 
requested; and
    (5) The disposition of the petition.
    (e) Official FAA records, including grants and denials of 
exemptions, relating to petitions for exemption are maintained in 
current docket form in the Office of the Regional Counsel for the region 
concerned.
    (f) Any interested person may--
    (1) Examine any docketed material at the Office of the Regional 
Counsel,

[[Page 650]]

at any time after the docket is established, except material that is 
ordered withheld from the public under section 1104 of the Federal 
Aviation Act of 1958 (49 U.S.C. 1504); and
    (2) Obtain a photostatic or similar copy of docketed material upon 
paying the same fee as that prescribed in 49 CFR part 7.



Sec. 152.7  Certifications.

    (a) Subject to such terms and conditions as the Administrator may 
prescribe, a sponsor or a planning agency may submit, with respect to 
any provision of this part implementing a statutory or administrative 
requirement imposed on the sponsor or planning agency under the AADA, a 
certification that the sponsor or planning agency has complied or will 
comply with the provision, instead of making the showing required.
    (b) The Administrator exercises discretion in determining whether to 
accept a certification.
    (c) Acceptance by the Administrator of a certification from a 
sponsor or planning agency may be rescinded by the Administrator at any 
time if, in the Administrator's opinion, it is necessary to do so.
    (d) If the Administrator determines that it is necessary, the 
sponsor or planning agency, on request, shall show compliance with any 
requirement for which a certification was accepted.



Sec. 152.9  Forms.

    Any form needed to comply with this part may be obtained at any FAA 
Regional Office or Airports District Office.



Sec. 152.11  Incorporation by reference.

    (a) Mandatory standards. The advisory circulars listed in appendix B 
to this part are incorporated into this part by reference. The Director, 
Office of Airport Standards, determines the scope and content of the 
technical standards to be included in each advisory circular in appendix 
B, and may add to, or delete from, appendix B any advisory circular or 
part thereof. Except as provided in paragraph (c) of this section, these 
guidelines are mandatory standards.
    (b) Modification of standards. When necessary to meet local 
conditions, any technical standard set forth in appendix B may be 
modified for individual projects, if it is determined that the 
modifications will provide an acceptable level of safety, economy, 
durability, and workmanship. The determination and modification may be 
made by the Director, Office of Airport Standards, or the appropriate 
Regional Director, in instances where the authority has not been 
specifically reserved by the Director, Office of Airport Standards.
    (c) State standards. Standards established by a state for airport 
development at general aviation airports in the state may be the 
standards applicable to those airports when they have been approved by 
the Director, Office of Airport Standards, or the appropriate Regional 
Director, in instances where approval authority has not been 
specifically reserved by the Director, Office of Airport Standards.
    (d) Availability of advisory circulars. The advisory circulars 
listed in appendix B may be inspected and copied at any FAA Regional 
Office or Airports District Office. Copies of the circulars that are 
available free of charge may be obtained from any of those offices or 
from the FAA Distribution Unit, M-443.1, Washington, DC 20590. Copies of 
the circulars that are for sale may be bought from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.



      Subpart B_Eligibility Requirements and Application Procedures

    Source: Docket No. 19430, 45 FR 34786, May 22, 1980, unless 
otherwise noted.



Sec. 152.101  Applicability.

    This subpart contains requirements and application procedures 
applicable to airport development and planning projects.



Sec. 152.103  Sponsors: Airport development.

    (a) To be eligible to apply for a project for airport development 
with respect to a particular airport the following requirements must be 
met:

[[Page 651]]

    (1) Each sponsor must be a public agency authorized by law to submit 
the project application;
    (2) If a sponsor is the holder of an airport operating certificate 
issued for the airport under part 139 of this chapter, it must be in 
compliance with the requirements of part 139.
    (3) When any of the following agreements is applicable to an airport 
which the sponsor owns or controls, the sponsor must have complied with 
the agreement, or show to the satisfaction of the Administrator that it 
will comply or, for reasons beyond its control, cannot comply with the 
agreement:
    (i) Each grant agreement made with it under the Federal Airport Act 
(49 U.S.C. 1101 et seq.), or the AADA.
    (ii) Each convenant in a conveyance to it under section 16 of the 
Federal Airport Act or section 23 of the AADA.
    (iii) Each convenant in a conveyance to it of surplus airport 
property under section 13(a) of the Surplus Property Act (50 U.S.C. App 
1622(g)) or under Regulation 16 of the War Assets Administration.
    (4) The sponsor, in the case of a single sponsor, or one or more of 
the cosponsors must have, or be able to obtain--
    (i) Funds to pay all estimated costs of the project that are not to 
be born by the United States; and
    (ii) Satisfactory property interests in the lands to be developed or 
used as part of, or in connection with, the airport as it will be after 
the project is completed.
    (b) Another public agency may act as agent of the public agency that 
is to own and operate the airport, for the purpose of channeling grant 
funds in accordance with state or local law, without becoming a sponsor.



Sec. 152.105  Sponsors and planning agencies: Airport planning.

    (a) To be eligible to apply for a project for airport planning--
    (1) If the project is for airport master planning--
    (i) Each sponsor must be a public agency and meet the requirements 
of Sec. 152.103(a)(3); and
    (ii) The sponsor, in the case of a single sponsor, or one or more 
cosponsors must be legally able to implement the planning, within the 
existing or proposed airport boundaries, that results from the project 
study.
    (2) If the project is for airport system planning, each sponsor must 
be a planning agency.
    (b) Another public agency or planning agency may act as agent of 
another public agency or planning agency, for the purpose of channeling 
grant funds in accordance with state or local law, without becoming a 
sponsor.



Sec. 152.107  Project eligibility: Airport development.

    (a) Except in the case of approved stage development, each project 
for airport development must provide for--
    (1) Development of an airport or unit of an airport that is safe, 
useful, and usable; or,
    (2) An additional facility that increases the safety, usefulness, 
and usability of an airport.
    (b) Unless otherwise authorized by the Administrator, a project for 
airport development must involve more than $25,000 in United States 
funds.
    (c) The development included in a project for airport development 
must--
    (1) In the opinion of the Administrator, be ``airport development'' 
as defined in Sec. 152.3;
    (2) Be identified as airport development in the mandatory standards 
incorporated into this part by Sec. 152.11; and
    (3) Be described in an approved airport layout plan.
    (d) The airport involved in a project for airport development must 
be included in the current NASP.
    (e) In complying with paragraph (a) of this section, the sponsor 
must--
    (1) Own, acquire, or agree to acquire control over, or a property 
interest in, runway clear zones that the Administrator considers 
adequate; and
    (2) Provide for approach and runway lighting systems satisfactory to 
the Administrator.



Sec. 152.109  Project eligibility: Airport planning.

    (a) Airport master planning. A proposed project for airport master 
planning is not approved unless--

[[Page 652]]

    (1) The location of the existing or proposed airport is included in 
the current NASP;
    (2) In the opinion of the Administrator, the proposed planning would 
promote the effective location of public airports and the development of 
an adequate NASP;
    (3) The project is airport master planning as defined in Sec. 
152.3;
    (4) If the project has been determined to have areawide significance 
by an appropriate areawide agency, it has been incorporated into a 
unified planning work program; and
    (5) In the case of a proposed project for airport master planning in 
a large or medium air traffic hub, in the opinion of the Administrator--
    (i) There is an appropriate system plan identifying the need for the 
airport;
    (ii) The absence of a system plan is due to the failure of the 
responsible planning agency to proceed with its preparation; or
    (iii) An existing system plan is not acceptable.
    (b) Airport system planning. A proposed project for airport system 
planning is not approved unless--
    (1) In the opinion of the Administrator, the project promotes the 
effective location of public airports;
    (2) In the opinion of the Administrator, the project promotes the 
development of an adequate NASP;
    (3) The project is airport system planning as defined in Sec. 
152.3; and
    (4) When the project encompasses a metropolitan area that includes a 
large or medium hub airport, the project is incorporated in a unified 
planning work program.



Sec. 152.111  Application requirements: Airport development.

    (a) An eligible sponsor that desires to obtain Federal aid for 
eligible airport development must apply to the FAA in accordance with 
this section. The sponsor must apply on a form and in a manner 
prescribed by the Administrator, through the FAA Airports District 
Office or Airports Field Office having jurisdiction over the area where 
the sponsor is located or, where there is no such office, the Regional 
Office having that jurisdiction.
    (b) Preapplication for Federal assistance. A preapplication for 
Federal assistance must be submitted unless--
    (1) The Federal fund request is for $100,000 or less; or,
    (2) The project does not include construction, land acquisition, or 
land improvement.
    (c) Unless otherwise authorized by the Administrator, the 
preapplication required by paragraph (b) of this section must be 
accompanied by the following:
    (1) A list of the items of airport development requested for 
programming, together with an itemized estimated cost of the work 
involved.
    (2) A sketch or sketches of the airport layout indicating the 
location for each item of work proposed, using the same item numbers 
used in the list required by paragraph (c)(1) of this section.
    (3) If the proposed project involves the displacement of persons or 
the acquisition of real property, the assurances required by Sec. Sec. 
25.57 and 25.59, as applicable, of the Regulations of the Office of the 
Secretary of Transportation (49 CFR 25.57 and 25.59), whether or not 
reimbursement is being requested for the costs of displacement or real 
property acquisition.
    (4) Any comments or statements required by appendix E, Procedures 
Implementing Office of Management and Budget Circular A-95, to this 
part, with a showing that they have been considered by the sponsor.
    (5) If the proposed development involves the construction of 
eligible airport buildings or the acquisition of eligible fixed 
equipment to be contained in those buildings, a statement whether the 
proposed development will be in an area of the community that has been 
identified by the Department of Housing and Urban Development as an area 
of special flood hazard as defined in the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4002 et seq.).
    (6) If the proposed development is in an area of special flood 
hazard, a statement whether the community is participating in the 
National Flood Insurance Program (42 U.S.C. 4011 et seq.).
    (7) The sponsor's environmental assessment prepared in conformance 
with appendix 6 of FAA Order 1050.1C,

[[Page 653]]

``Policies and Procedures for Considering Environmental Impacts'' (45 FR 
2244; Jan. 10, 1980), and FAA Order 5050.4, ``Airport Environmental 
Handbook'' (45 FR 56624; Aug. 24, 1980), if an assessment is required by 
Order 5050.4. Copies of these orders may be examined in the Rules 
Docket, Office of the Chief Counsel, FAA, Washington, D.C., and may be 
obtained on request at any FAA regional office headquarters or any 
airports district office.
    (8) A showing that the sponsor has complied with the public hearing 
requirements in Sec. 152.117.
    (9) In the case of a proposed new airport serving any area that does 
not include a metropolitan area, a showing that each community in which 
the proposed airport is to be located has approved the proposed airport 
site through the body having general legislative jurisdiction over it.
    (10) In the case of a proposed project at an air carrier airport, a 
statement that the sponsor, in making the decision to undertake the 
project, has consulted with air carriers using the airport.
    (11) In the case of a proposed project at a general aviation 
airport, a statement that the sponsor, in making the decision to 
undertake the project, has consulted with fixed-base operators using the 
airport.
    (12) In the case of terminal development, a certification that the 
airport has, or will have, all safety and security equipment required 
for certification of the airport under part 139 and has provided, or 
will provide, for access to the passenger enplaning and deplaning area 
to passengers enplaning or deplaning from aircraft other than air 
carrier aircraft.
    (d) Allocation of funds. If the proposed project for airport 
development is selected by the Administrator for inclusion in a program, 
a tentative allocation of funds is made for the project and the sponsor 
is notified of the allocation. The tentative allocation may be withdrawn 
if the sponsor does not submit a project application in accordance with 
paragraph (f) of this section.
    (e) Application for Federal assistance. As soon as practicable after 
receiving notice of a tentative allocation or, if a preapplication is 
not required (as provided in paragraph (b) of this section), an 
application for Federal assistance must be submitted.
    (f) Unless otherwise authorized by the Administrator, the 
application required by paragraph (e) of this section must be 
accompanied by the following:
    (1) When a preapplication has not been previously submitted, the 
information required by paragraph (c) of this section.
    (2) A property map of the airport showing--
    (i) The property interests of each sponsor in all the lands to be 
developed or used as part of, or in connection with, the airport as it 
will be when the project is completed; and
    (ii) All property interests acquired or to be acquired, for which 
U.S. aid is requested under the project.
    (3) With respect to all lands to be developed or used as a part of, 
or in connection with, the airport (as it will be when the project is 
completed) in which a satisfactory property interest is not held by a 
sponsor, a covenant by the sponsor that it will obtain a satisfactory 
property interest before construction is begun or within a reasonable 
time if not needed for construction.
    (4) If the proposed project involves the displacement of persons, 
the relocation plan required by Sec. 25.55 of the Regulations of the 
Office of the Secretary of Transportation.
    (5) When the project involves an airport location, a runway 
location, or a major runway extension, a written certification from the 
Governor of the state in which the project may be located (or a 
delegatee), providing reasonable assurance that the project will be 
located, designed, constructed, and operated so as to comply with 
applicable air and water quality standards.
    (6) A statement whether any building, installation, structure, 
location, or site of operations to be utilized in the performance of the 
grant or any contract made pursuant to the grant appears on the list of 
violating facilities distributed by the Environmental Protection Agency 
under the provisions of the Clean Air Act and Federal Water Pollution 
Control Act (40 CFR part 15).

[[Page 654]]

    (7) The assurances on Civil Rights required by Sec. 21.7 of the 
Regulations of the Office of the Secretary of Transportation (49 CFR 
21.7) and Sec. 152.405.
    (8) Plans and specifications for the proposed development in 
accordance with the design and construction standards listed in appendix 
B to this part.
    (9) The applicable assurances required by appendix D to this part.
    (10) If cosponsors are not willing to assume, jointly and severally, 
the obligations imposed on them by this part and the grant agreement, a 
statement satisfactory to the Administrator indicating--
    (i) The responsibilities of each sponsor with respect to the 
accomplishment of the proposed project and the operation and maintenance 
of the airport;
    (ii) The obligations each will assume to the United States; and
    (iii) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.
    (g) Additional documentation. The Administrator may request 
additional documentation as needed to support specific items of 
development or to comply with other Federal and local requirements as 
they pertain to the requested development.

(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49 
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of 
Transportation Act (49 U.S.C. 1655(c)); Airport and Airway Development 
Act of 1970, as amended (49 U.S.C. 1701 et seq.); sec. 1.47(f)(1), 
Regulations of the Office of the Secretary of Transportation (49 CFR 
1.47(1)); OMB Circular A-95, Revised (41 FR 2052; Jan. 13, 1976))

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-11, 
45 FR 56622, Aug. 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152-13, 46 
FR 30809, June 11, 1981]



Sec. 152.113  Application requirements: Airport planning.

    (a) Application for Federal assistance. An eligible sponsor or 
planning agency that desires to obtain Federal aid for eligible airport 
master planning or airport system planning must submit an application 
for Federal assistance, on a form and in a manner prescribed by the 
Administrator, to the appropriate FAA Airports District Office or 
Airports Field Office having jurisdiction over the area where the 
sponsor or planning agency is located or, where there is no such office, 
the Regional Office having that jurisdiction.
    (b) Unless otherwise authorized by the Administrator, the 
application required by paragraph (a) of this section must be 
accompanied by the following:
    (1) Any comments or statements required by appendix E, Procedures 
Implementing Office of Management and Budget Circular A-95, to this 
part.
    (2) Budget (project costs) information subdivided into the following 
functions, as appropriate, and the basis for computation of these costs:
    (i) Third party contracts.
    (ii) Sponsor force account costs.
    (iii) Administrative costs.
    (3) A program narrative describing the proposed planning project 
including--
    (i) The objective;
    (ii) The results and benefits expected;
    (iii) A Work Statement including--
    (A) A detailed description of each work element;
    (B) A list of each organization, consultant, and key individual who 
will work on the planning project, and the nature of the contribution of 
each; and
    (C) A proposed schedule of work accomplishment; and
    (iv) The geographic location of the airport or the boundaries of the 
planning area.
    (4) If the sponsor proposes to accomplish the project with its own 
forces or those of another public or planning agency--
    (i) An assurance that adequate, competent personnel are available to 
satisfactorily accomplish the proposed planning project, and
    (ii) A description of the qualifications of the key personnel.
    (5) If cosponsors are not willing to assume, jointly, and severally, 
the obligations imposed on them by this part and the grant agreement, a 
statement satisfactory to the Administrator indicating--
    (i) The responsibilities of each sponsor with respect to the 
accomplishment of the proposed project;
    (ii) The obligations each will assume to the United States; and
    (iii) The name of the sponsor or sponsors who will accept, receipt 
for, and disburse grant payments.

[[Page 655]]

    (6) The assurances on Civil Rights required by Sec. 21.7 of the 
Regulations of the Office of the Secretary of Transportation (49 CFR 
21.7).
    (7) The applicable assurances required by appendix D of this part.
    (c) Additional documentation. The Administrator may request 
additional documentation as needed to support a master plan or system 
plan, or to comply with other Federal and local requirements as they 
pertain to the requested plan.

(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49 
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of 
Transportation Act (49 U.S.C. 1655(c)); Airport and Airway Development 
Act of 1970, as amended (49 U.S.C. 1701 et seq.); sec. 1.47(f)(1), 
Regulations of the Office of the Secretary of Transportation (49 CFR 
1.47(1)); OMB Circular A-95, Revised (41 FR 2052; Jan. 13, 1976))

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-13, 
46 FR 30809, June 11, 1981]



Sec. 152.115  Grant agreement: Offer, acceptance, and amendment.

    (a) Offer. Upon approving a project for airport development, airport 
master planning, or airport system planning, the Administrator issues a 
written offer that sets forth the terms, limitations, and requirements 
of the proposed agreement.
    (b) Acceptance. The acceptance of an offer or an amendment to a 
grant agreement must be in writing. The sponsor's or planning agency's 
attorney must certify that the acceptance complies with all applicable 
law, and constitutes a legal and binding obligation of the sponsor or 
planning agency.
    (c) Amendment: Airport development grants. The maximum obligation of 
the United States under a grant agreement for an airport development 
project may be increased by an amendment if--
    (1) Except as otherwise provided by the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, the 
maximum obligation of the United States is not increased by more than 10 
percent;
    (2) Funds are available for the increase;
    (3) The sponsor shows that the increase is justified; and
    (4) The change does not prejudice the interest of the United States.
    (d) Reduction of U.S. Share: Airport development grants. When 
project work for which costs have been incurred is deleted from a grant 
agreement, the Administrator reduces the maximum obligation of the 
United States proportionately, based on the cost or value of the deleted 
work as shown on the project application.
    (e) Amendment: Airport planning. A grant agreement for airport 
planning may be changed if--
    (1) The change does not increase the maximum obligation of the 
United States under the grant agreement; and
    (2) The change does not prejudice the interest of the United States.



Sec. 152.117  Public hearings.

    (a) Before submitting a preapplication for Federal assistance for an 
airport development project involving the location of an airport, an 
airport runway, or a runway extension, the sponsor must give notice of 
opportunity for a public hearing, in accordance with paragraph (b) of 
this section, for the purpose of--
    (1) Considering the economic, social, and environmental effects of 
the location of the airport, the airport runway, or the runway 
extension; and
    (2) Determining the consistency of the location with the goals and 
objectives of any urban planning that has been carried out by the 
community.
    (b) The notice of opportunity for public hearing must--
    (1) Include a concise statement of the proposed development;
    (2) Be published in a newspaper of general circulation in the 
communities in or near which the project may be located;
    (3) Provide a minimum of 30 days from the date of the notice for 
submission of requests for a hearing by persons having an interest in 
the economic, social, or environmental effects of the project; and
    (4) State that a copy is available of the sponsor's environmental 
assessment, if one is required by appendix 6 of FAA Order 1050.1C, 
``Policies and Procedures for Considering Environmental Impacts'' (45 FR 
2244; Jan. 10, 1980), and FAA Order 5050.4, ``Airport Environmental 
Handbook'' (45 FR 56624; Aug. 25, 1980), and will remain

[[Page 656]]

available, at the sponsor's place of business for examination by the 
public for a minimum of 30 days, beginning with the date of the notice, 
before any hearing held under the notice.
    (c) A public hearing must be provided if requested. If a public 
hearing is to be held, the sponsor must publish a notice of that fact, 
in the same newspaper in which the notice of opportunity for a hearing 
was published.
    (d) The notice required by paragraph (c) of this section must--
    (1) Be published not less than 15 days before the date set for the 
hearing;
    (2) Specify the date, time, and place of the hearings;
    (3) Contain a concise description of the proposed project; and
    (4) Indicate where and at what time more detailed information may be 
obtained.
    (e) If a public hearing is held, the sponsor must--
    (1) Provide the Administrator a summary of the issues raised, the 
alternatives considered, the conclusion reached, and the reasons for 
that conclusion; and
    (2) If requested by the Administrator before the hearing, prepare a 
verbatim transcript of the hearing for submission to the Administrator.
    (f) If a hearing is not held the sponsor must submit with its 
preapplication a certification that notice of opportunity for a hearing 
has been provided in accordance with this section and that no request 
for a public hearing has been received.

[Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-11, 
45 FR 56622, Aug. 25, 1980]



Sec. 152.119  Contract requirements and procurement standards.

    To the extent applicable, all grant agreements, contracts, and 
subcontracts involving airport development projects or airport planning 
must be in accordance with the contract requirements in appendices A and 
C, as applicable, and the procurement standards in Attachment O of 
Office of Management and Budget Circular A-102 (42 FR 45828).



                 Subpart C_Funding of Approved Projects

    Source: Docket No. 19430, 45 FR 34789, May 22, 1980, unless 
otherwise noted.



Sec. 152.201  Applicability.

    This subpart contains the requirements for funding projects for 
airport development, airport master planning, and airport system 
planning.



Sec. 152.203  Allowable project costs.

    (a) Airport development. To be an allowable project cost, for the 
purposes of computing the amount of an airport development grant, an 
item that is paid or incurred must, in the opinion of the 
Administrator--
    (1) Have been necessary to accomplish airport development in 
conformity with--
    (i) The approved plans and specifications for an approved project; 
and
    (ii) The terms of the grant agreement for the project;
    (2) Be reasonable in amount (subject to partial disallowance to the 
extent the Administrator determines it is unreasonable);
    (3) Have been incurred after the date the grant agreement was 
executed, except that project formulation costs may be allowed even 
though they were incurred before that date;
    (4) Be supported by satisfactory evidence;
    (5) Have not been included in an airport planning grant; and
    (6) Be a cost determined in accordance with the cost principles for 
State and local governments in Federal Management Circular 74-4 (39 FR 
27133; 43 FR 50977).
    (b) Airport Planning. To be an allowable project cost, for the 
purposes of computing the amount of an airport planning grant, an item 
that is paid or incurred must, in the opinion of the Administrator--
    (1) Have been necessary to accomplish airport planning in comformity 
with an approved project and the terms of the grant agreement for the 
project;
    (2) Be reasonable in amount;
    (3) Have been incurred after the date the grant agreement was 
entered into,

[[Page 657]]

except for substantiated and reasonable costs incurred in designing the 
study effort;
    (4) Be supported by satisfactory evidence; and
    (5) Be figured in accordance with Federal Management Circular 74-4 
(39 FR 27133; 43 FR 50977).



Sec. 152.205  United States share of project costs.

    (a) Airport development. Except as provided in paragraphs (b) and 
(c) of this section, the following is the United States share of the 
allowable cost of an airport development project approved for the 
specified year:
    (1) 90 percent in the case of grants made from funds for fiscal 
years 1976, 1977, and 1978, and grants from funds for fiscal year 1980 
made after February 17, 1980, for--
    (i) Each air carrier airport, other than a commuter service airport, 
which enplanes less than one quarter of one percent of the total annual 
passengers enplaned as determined for purposes of making the latest 
annual apportionment under section 15(a)(3) of the AADA;
    (ii) Each commuter service airport; and
    (iii) Each general aviation or reliever airport.
    (2) 80 percent in the case of grants made from funds for fiscal year 
1979 and grants from funds for fiscal year 1980 made before February 18, 
1980, for the airports specified in paragraph (a)(1) of this section.
    (3) 75 percent in the case of grants made from funds for fiscal 
years 1976 through 1980 for airports other than those specified in 
paragraph (a)(1) of this section.
    (b) In a State in which the unappropriated and unreserved public 
lands and nontaxable Indian lands, both individual and tribal, are more 
than five percent of the total land in that State, the United States' 
share under paragraph (a) of this section--
    (1) Except as provided in paragraph (b)(2) of this section, shall be 
increased by the smaller of--
    (i) 25 percent; or
    (ii) A percentage (rounded to the nearest one-tenth of a percent) 
equal to one-half of the percentage which the area of those lands is of 
the total land area of the state; and
    (2) May not exceed the greater of--
    (i) The percentage share determined under paragraph (a) of this 
section; or
    (ii) The percentage share applying on June 30, 1975, as determined 
under paragraph (b)(1) of this section.
    (c) In the case of terminal development, the United States share 
shall be 50 percent.
    (d) Airport planning. The United States share of the allowable 
project costs of an airport planning project shall be--
    (1) In the case of an airport master plan, that percent for which a 
project for airport development at that airport would be eligible;
    (2) In the case of an airport system plan, 75 percent.



Sec. 152.207  Proceeds from disposition of land.

    Unless otherwise authorized by the Administrator, when a release has 
been granted authorizing the sponsor to dispose of land acquired with 
assistance under part 151 of this chapter or this part, or through 
conveyances under the Surplus Property Act, the proceeds realized from 
the disposal may not be used as matching funds for any airport 
development project or airport planning grant, but may be used for any 
other airport purpose.



Sec. 152.209  Grant payments: General.

    (a) An application for a grant payment is made on a form and in a 
manner prescribed by the Administrator, and must be accompanied by any 
supporting information, that the FAA needs to determine the allowability 
of any costs for which payment is requested.
    (b) Methods of payment. Grant payments to sponsors and planning 
agencies will be made by--
    (1) Letter of credit;
    (2) Advance by Treasury check; or
    (3) Reimbursement by Treasury checks.
    (c) Letter of credit funding. Letter of credit funding may not be 
used unless--
    (1) There is or will be a continuing relationship between a sponsor 
or planning agency and the FAA for at least a

[[Page 658]]

12-month period and the total amount of advances to be received within 
that period is $120,000 or more;
    (2) The sponsor or planning agency has established or demonstrated 
to the FAA the willingness and ability to establish procedures that will 
minimize the time elapsing between the transfer of funds and their 
disbursement by the grantee; and
    (3) The sponsor's or planning agency's financial management system 
meets the standards for fund control and accountability prescribed in 
Attachment G of Office of Management and Budget Circular A-102 (42 FR 
45828).
    (d) Advance by Treasury check. Advance of funds by Treasury check 
may be made subject to the following conditions--
    (1) The sponsor or planning agency meets the requirements of 
paragraphs (c) (2) and (3) of this section;
    (2) The timing and amount of cash advances are as close as 
administratively feasible to actual disbursements by the sponsor or 
planning agency; and
    (3) Except as provided in paragraph (e) of this section, in the case 
of an airport development project, advance payments do not exceed the 
estimated project costs of the airport development expected to be 
accomplished within 30 days after the date of the sponsor's application 
for the advance payment.
    (e) No advance payment for airport development projects may be made 
in an amount that would bring the aggregate amount of all partial 
payments to more than the lower of the following:
    (i) 90 percent of the estimated United States' share of the total 
estimated cost of all airport development included in the project, but 
not including contingency items; or
    (ii) 90 percent of the maximum obligation of the United States as 
stated in the grant agreement.
    (f) Reimbursement by Treasury check. Reimbursement by Treasury check 
will be made if the sponsor or planning agency does not meet the 
requirements of paragraphs (c) (2) and (3) of this section.
    (g) Withholding of payments. Payment to the sponsor or planning 
agency may be withheld at any time during the grant period under the 
following circumstances:
    (1) The sponsor or planning agency has failed to comply with the 
program objectives, grant award conditions, or Federal reporting 
requirements.
    (2) The sponsor or planning agency is indebted to the United States 
and collection of the indebtedness will not impair accomplishment of the 
objectives of any grant program sponsored by the United States.
    (3) The sponsor or planning agency has withheld payment to a 
contractor to assure satisfactory completion of work. Payment will be 
made to the sponsor or planning agency when it has made final payment to 
the contractor, including the amounts withheld.
    (h) Labor violations. If a contractor or a subcontractor fails or 
refuses to comply with the labor provisions of a contract under a grant 
agreement for an airport development project, further grant payments to 
the sponsor are suspended until--
    (1) The violations are corrected;
    (2) The Administrator determines the allowability of the project 
costs to which the violations relate; or
    (3) If the violations consist of underpayments to labor, the sponsor 
furnishes satisfactory assurances to the FAA that restitution has been 
or will be made to the affected employees.
    (i) Excess payments. Upon determination of the allowability of all 
project costs of a project, if it is found that the total of grant 
payments to the sponsor or planning agency was more than the total 
United States share of the allowable costs of the project, the sponsor 
or planning agency shall promptly return the excess to FAA.



Sec. 152.211  Grant payments: Land acquisition.

    If an approved project for airport development includes land 
acquisition as an item for which payment is requested, the sponsor may 
apply to the FAA for payment of the United States share of the allowable 
project costs of the acquisition, after--
    (a) The Administrator determines that the sponsor has acquired 
satisfactory title to the land; or
    (b) In the case of a request for advance payment under Sec. 
152.209(d), the

[[Page 659]]

Administrator is assured that a satisfactory title will be acquired.



Sec. 152.213  Grant closeout requirements.

    (a) Program income. Sponsors or planning agencies that are units of 
local government shall return all interest earned on advances of grant-
in-aid funds to the Federal Government in accordance with a decision of 
the Comptroller General (42 Comp. Gen. 289). All other program income 
(gross income) earned by grant-supported activities during the grant 
period shall be retained by the sponsor and, if required by the grant 
agreement--
    (1) Be added to funds committed to the project by the FAA and the 
sponsor and used to further eligible program objectives; or
    (2) Be deducted from the total project cost for the purpose of 
determining the net costs on which the Federal share of costs will be 
based.
    (b) Financial reports. The sponsor or planning agency shall furnish, 
within 90 days after completion of all items in a grant, all reports, 
including financial performance reports, required as a condition of the 
grant.
    (c) Project completion. When the project for airport development or 
planning is completed in accordance with the grant agreement, the 
sponsor or planning agency may apply for payment for all incurred costs, 
as follows:
    (1) Airport development. When allowability of costs can be 
determined under Sec. 152.203, payment may be made to the sponsor if--
    (i) A final inspection of all work at the airport site has been made 
jointly by the appropriate FAA office and representatives of the sponsor 
and the contractor, unless that office agrees to a different procedure 
for final inspection; and
    (ii) The sponsor has furnished final ``as constructed'' plans, 
unless otherwise agreed to by the Administrator.
    (2) Airport planning. When the final planning report has been 
received and accepted by the FAA.
    (d) Property accounting reports: Airport development projects. The 
sponsor of an airport development project shall account for any property 
acquired with grant funds or received from the United States, in 
accordance with the provisions of Attachment N of Office of Management 
and Budget Circular A-102 (42 FR 45828).
    (e) Final determination of U.S. share. Based upon an audit or other 
information considered sufficient in lieu of an audit, the Administrator 
determines the total amount of the allowable project costs and makes 
settlement for any adjustments to the Federal share of costs.



             Subpart D_Accounting and Reporting Requirements

    Source: Docket No. 19430, 45 FR 34791, May 22, 1980, unless 
otherwise noted.



Sec. 152.301  Applicability.

    This subpart contains accounting and reporting requirements 
applicable to--
    (a) Each sponsor of a project for airport development;
    (b) Each sponsor of a project for airport master planning; and
    (c) Each planning agency conducting a project for airport system 
planning.



Sec. 152.303  Financial management system.

    Each sponsor or planning agency shall establish and maintain a 
financial management system that meets the standards of Attachment G of 
Office of Management and Budget Circular A-102 (42 FR 45828).



Sec. 152.305  Accounting records.

    (a) Airport development. Each sponsor of a project for airport 
development shall establish and maintain, for each individual project, 
an accounting record satisfactory to the Administrator which segregates 
cost information into the cost classifications set forth in Standard 
Form 271 (42 FR 45841).
    (b) Airport planning. Each sponsor of a project for airport master 
planning and each planning agency conducting a project for airport 
system planning shall establish and maintain, for each planning project, 
an adequate accounting record that segregates and groups direct and 
indirect cost information in the following classifications:
    (1) Third party contract costs.
    (2) Force account costs.
    (3) Administrative costs.

[[Page 660]]



Sec. 152.307  Retention of records.

    Each sponsor or planning agency shall retain, for a period of 3 
years after the date of submission of the final expenditure report--
    (a) Documentary evidence, such as invoices, cost estimates, and 
payrolls, supporting each item of project costs; and
    (b) Evidence of all payments for items of project costs, including 
vouchers, cancelled checks or warrants, and receipts for cash payments.



Sec. 152.309  Availability of sponsor's records.

    (a) The sponsor or planning agency shall allow any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the United States access to any of its books, 
documents, papers, and records that are pertinent to grants received 
under this part for the purposes of accounting and audit.
    (b) The sponsor or planning agency shall allow appropriate FAA or 
DOT representatives to make progress audits at any time during the 
project, upon reasonable notice to the sponsor or planning agency.
    (c) It audit findings have not been resolved, the applicable records 
shall be retained by the sponsor or planning agency until those findings 
have been resolved.
    (d) Records for nonexpendable property that was acquired with 
Federal funds shall be retained for three years after final disposition 
of the property.
    (e) Microfilm copies of original records may be substituted for 
original records with the approval of the FAA.
    (f) If the FAA determines that certain records have long-term 
retention value, the FAA may require transfer of custody of those 
records to the FAA.



Sec. 152.311  Availability of contractor's records.

    The sponsor or planning agency shall include in each contract of the 
cost reimbursable type a clause that allows any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the United States access to the contractor's 
records pertinent to the contract for the purposes of accounting and 
audit.



Sec. 152.313  Property management standards.

    (a) The sponsor shall establish and maintain property management 
standards in accordance with Attachment N of Office of Management and 
Budget Circular A-102 (42 FR 45828) for the utilization and disposition 
of property furnished by the Federal Government, or acquired in whole or 
in part by the sponsor with Federal funds.
    (b) A sponsor may use its own property management standards and 
procedures as long as the standards required by paragraph (a) of this 
section are included.



Sec. 152.315  Reporting on accrual basis.

    (a) Except as provided in paragraph (b) of this section each sponsor 
or planning agency shall submit all financial reports on an accrual 
basis.
    (b) If records are not maintained on an accrual basis by a sponsor 
or planning agency, reports may be based on an analysis of records or 
best estimates.



Sec. 152.317  Report of Federal cash transactions.

    When funds are advanced to a sponsor or planning agency by Treasury 
check, the sponsor or planning agency shall submit the report form 
prescribed by the Administrator within 15 working days following the end 
of the quarter in which check was received.



Sec. 152.319  Monitoring and reporting of program performance.

    (a) The sponsor or planning agency shall monitor performance under 
the project to ensure that--
    (1) Time schedules are being met;
    (2) Work units projected by time periods are being accomplished; 
and,
    (3) Other performance goals are being achieved.
    (b) Reviews shall be made for--
    (1) Each item of development or work element included in the 
project; and
    (2) All other work to be performed as a condition of the grant 
agreement.
    (c) Airport development. Unless otherwise requested by the 
Administrator,

[[Page 661]]

the sponsor of a project for airport development shall submit a 
performance report, on an annual basis, that must include--
    (1) A comparison of actual accomplishments to the goals established 
for the period, made, if applicable, on a quantitative basis related to 
cost data for computation of unit costs;
    (2) The reasons for slippage in each case where an established goal 
was not met; and
    (3) Other pertinent information including, when appropriate, an 
analysis and explanation of each cost overrun and high unit cost.
    (d) Airport planning. The sponsor of a project for airport master 
planning or a planning agency conducting a project for airport system 
planning shall submit a performance report, on a quarterly basis, that 
must include:
    (1) A comparison of actual accomplishments to the goals established 
for the period, made, if applicable, on a quantitative basis related to 
costs for computation of work element costs;
    (2) Reasons for slippage in each case where an established goal was 
not met; and
    (3) Other pertinent information including, when appropriate, an 
analysis and explanation of each cost overrun and high work element 
cost.



Sec. 152.321  Notice of delay or acceleration.

    (a) The sponsor or planning agency shall promptly notify the FAA of 
each condition or event that may delay or accelerate accomplishment of 
the project.
    (b) In the event that delay is anticipated, the notice required by 
paragraph (a) of this section must include--
    (1) A statement of actions taken or contemplated; and
    (2) Any Federal assistance needed.



Sec. 152.323  Budget revision: Airport development.

    (a) If any performance review conducted by the sponsor discloses a 
need for change in the budget estimates, the sponsor shall submit a 
request for budget revision on a form prescribed by the Administrator.
    (b) A request for prior approval for budget revision shall be made 
promptly by the sponsor whenever--
    (1) The revision results from changes in the scope or objective of 
the project; or
    (2) The revision increases the budgeted amounts of Federal funds 
needed to complete the project.
    (c) The sponsor shall promptly notify the FAA whenever the amount of 
the grant is expected to exceed the needs of the sponsor by more than 
$5,000, or 5 percent of the grant amount, whichever is greater.



Sec. 152.325  Financial status report: Airport planning.

    Each sponsor of a project for airport master planning and each 
planning agency conducting a project for airport system planning shall 
submit a financial status report on a form prescribed by the 
Administrator at the completion of the project.



           Subpart E_Nondiscrimination in Airport Aid Program

    Authority: Sec. 30 of the Airport and Airway Development Act of 1970 
(49 U.S.C. 1730); sec. 1.47(f)(1) of the Regulations of the Office of 
the Secretary of Transportation (49 CFR 1.47(f)(1)).

    Source: Docket No. 16419, 45 FR 10188, Feb. 14, 1980, unless 
otherwise noted.



Sec. 152.401  Applicability.

    (a) This subpart is applicable to all grantees and other covered 
organizations under this part, and implements the requirements of 
section 30 of the Airport and Airway Development Act of 1970, which 
provides:

The Secretary shall take affirmative action to assure that no person 
shall, on the grounds of race, creed, color, national origin, or sex, be 
excluded from participating in any activity conducted with funds 
received from any grant made under this title. The Secretary shall 
promulgate such rules as he deems necessary to carry out the purposes of 
this section and may enforce this section, and any rules promulgated 
under this section, through agency and department provisions and rules 
which shall be similar to those established and in effect under Title VI 
of

[[Page 662]]

the Civil Rights Act of 1964. The provisions of this section shall be 
considered to be in addition to and not in lieu of the provisions of 
Title VI of the Civil Rights Act of 1964.
    (b) Each grantee, covered organization, or covered suborganization 
under this part shall negotiate reformation of any contract, 
subcontract, lease, sublease, or other agreement to include any 
appropriate provision necessary to effect compliance with this subpart 
by July 17, 1980.



Sec. 152.403  Definitions.

    As used in this subpart--
    AADA means the Airport and Airway Development Act of 1970, as 
amended (49 U.S.C. 1701 et seq.).
    Affirmative action plan means a set of specific and result-oriented 
procedures to which a sponsor, planning agency, state, or the aviation 
related activity on an airport commits itself to achieve equal 
employment opportunity.
    Airport development means--(1) Any work involved in constructing, 
improving, or repairing a public airport or portion thereof, including 
the removal, lowering, relocation, and marking and lighting of airport 
hazards, and including navigation aids used by aircraft landing at, or 
taking off from, a public airport, and including safety equipment 
required by rule or regulation for certification of the airport under 
section 612 of the Federal Aviation Act of 1958, and security equipment 
required of the sponsor by the Secretary by rule or regulation for the 
safety and security of persons and property on the airport, and 
including snow removal equipment, and including the purchase of noise 
suppressing equipment, the construction of physical barriers, and 
landscaping for the purpose of diminishing the effect of aircraft noise 
on any area adjacent to a public airport;
    (2) Any acquisition of land or of any interest therein, or of any 
easement through or other interest in airspace, including land for 
future airport development, which is necessary to permit any such work 
or to remove or mitigate or prevent or limit the establishment of, 
airport hazards; and
    (3) Any acquisition of land or of any interest therein necessary to 
insure that such land is used only for purposes which are compatible 
with the noise levels of the operation of a public airport.
    Aviation related activity means a commercial enterprise--(1) Which 
is operated on the airport pursuant to an agreement with the grantee or 
airport operator or to a derivative subagreement;
    (2) Which employs persons on the airport; and
    (3) Which--(i) Is related primarily to the aeronautical activities 
on the airport;
    (ii) Provides goods or services to the public which is attracted to 
the airport by aeronautical activities;
    (iii) Provides services or supplies to other aeronautical related or 
public service airport businesses or to the airport; or
    (iv) Performs construction work on the airport.
    Aviation workforce includes, with respect to grantees, each person 
employed by the grantee on an airport or, for an aviation purpose, off 
the airport.
    Covered organization means a grantee, a subgrantee, or an aviation 
related activity.
    Covered suborganization is a subgrantee or sub-aviation related 
activity, of a covered organization.
    Department means the United States Department of Transportation;
    Grant means Federal financial assistance in the form of funds 
provided to a sponsor, planning agency, or state under this part;
    Grantee means the recipient of a grant.
    Minority means a person who is--(1) Black and not of Hispanic 
origin: A person having origins in any of the black racial groups of 
Africa;
    (2) Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or 
South American or other Spanish culture or origin, regardless of race;
    (3) Asian or Pacific Islander: A person having origins in any or the 
original peoples of the Far East, Southeast Asia, the Indian 
subcontinent, or the Pacific Islands, including, but not limited to 
China, Japan, Korea, the Philippine Islands, and Samoa; or
    (4) American Indian or Alaskan Native: A person having origins in 
any of the original peoples of North America

[[Page 663]]

who maintains cultural identification through tribal affiliation or 
community recognition.
    Planning agency means any planning agency designated by the 
Secretary which is authorized by the laws of the State or States 
(including the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, the Trust Territory of the Pacific Islands, and Guam) or 
political subdivisions concerned to engage in areawide planning for the 
area in which assistance under this part is to be used;
    Secretary means the Secretary of Transportation or an authorized 
representative of the Secretary within the Department of Transportation;
    SMSA means Standard Metropolitan Statistical Area.
    Sponsor means any public agency that, either individually or jointly 
with one or more other public agencies, submits to the Administrator, in 
accordance with this part, an application for financial assistance, or 
that conducts a project for airport development or airport master 
planning, funded under this part;
    Underutilization means having fewer minorities or women in a 
particular job group than would reasonable be expected from their 
availability in--
    (1) The SMSA; or
    (2) In the absence of a defined SMSA, in the counties contiguous to 
the employer's location, or the location where the work is to be 
performed, and in the areas from which persons may reasonably be 
expected to commute.



Sec. 152.405  Assurances.

    The following assurances shall be included in each application for 
financial assistance under this part:
    (a) Assurance. The grantee assures that it will undertake an 
affirmative action program, as required by 14 CFR part 152, subpart E, 
to ensure that no person shall, on the grounds of race, creed, color, 
national origin, or sex, be excluded from participating in any 
employment, contracting, or leasing activities covered in 14 CFR part 
152, subpart E. The grantee assures that no person shall be excluded, on 
these grounds, from participating in or receiving the services or 
benefits of any program or activity covered by this subpart. The grantee 
assures that it will require that its covered organizations provide 
assurances to the grantee that they similarly will undertake affirmative 
action programs and that they will require assurances from their 
suborganizations, as required by 14 CFR part 152, subpart E, to the same 
effect.
    (b) Assurance. The grantee agrees to comply with any affirmative 
action plan or steps for equal employment opportunity required by 14 CFR 
part 152, subpart E, as part of the affirmative action program, and by 
any Federal, State, or local agency or court, including those resulting 
from a conciliation agreement, a consent decree, court order, or similar 
mechanism. The grantee agrees that State or local affirmative action 
plans will be used in lieu of any affirmative action plan or steps 
required by 14 CFR part 152, subpart E, only when they fully meet the 
standards set forth in 14 CFR 152.409. The grantee agrees to obtain a 
similar assurance from its covered organizations, and to cause them to 
require a similar assurance of their covered suborganizations, as 
required by 14 CFR part 152, subpart E.



Sec. 152.407  Affirmative action plan: General.

    (a) Except as provided in paragraph (b) of this section, each of the 
following shall have an affirmative action plan that meets the 
requirements of Sec. 152.409 and is kept on file for review by the FAA 
Office of Civil Rights:
    (1) Each sponsor who employs 50 or more employees in its aviation 
workforce.
    (2) Each planning Agency which employs 50 or more employees in its 
agency for aviation purposes.
    (3) Each state political division, administering a grant under the 
AADA to develop standards for airport development at general aviation 
airports, which employs 50 or more employees in its aviation workforce.
    (b) A grantee is in compliance with paragraph (a) of this section, 
if it is subject to, and keeps on file for review by the FAA Office of 
Civil Rights, one of the following:
    (1) An affirmative action plan acceptable to another Federal agency.

[[Page 664]]

    (2) An affirmative action plan for a State or local agency that the 
covered organization certifies meets the standards in Sec. 152.409.
    (3) A conciliation agreement, consent decree, or court order which 
provides short and long-range goals for equal employment opportunity 
similar to those which would be established in an affirmative action 
plan meeting the standards in Sec. 152.409.
    (c) Each sponsor shall require each aviation related activity (other 
than construction contractors) which employs 50 or more employees on the 
airport to prepare, and keep on file for review by the FAA Office of 
Civil Rights, an affirmative action plan developed in accordance with 
the standards in Sec. 152.409, unless the activity is subject to one of 
the mechanisms described in paragraphs (b) (1) through (3) of this 
section.
    (d) Each sponsor shall require each aviation related activity 
described in paragraph (c) of this section to similarly require each of 
its covered suborganizations (other than construction contractors) which 
employs 50 or more employees on the airport to prepare, and to keep on 
file for review by the FAA Office of Civil Rights, an affirmative action 
plan developed in accordance with the standards in Sec. 152.409, unless 
the suborganization is subject to one of the mechanisms described in 
paragraphs (b) (1) through (3) of this section.



Sec. 152.409  Affirmative action plan standards.

    (a) Each affirmative action plan required by this subpart shall be 
developed in accordance with the following:
    (1) An analysis of the employer's aviation workforce which groups 
employees into the following job categories:
    (i) Officials and managers.
    (ii) Professionals.
    (iii) Technicians.
    (iv) Sales workers.
    (v) Office and clerical workers.
    (vi) Craft workers (skilled).
    (vii) Operatives (semi-skilled).
    (viii) Laborers (unskilled).
    (ix) Service workers.
    (2) A comparison separately made of the percent of minorities and 
women in the employer's present aviation workforce (in each of the job 
categories listed in paragraph (a)(1) of this section) with the percent 
of minorities and women in each of those categories in the total 
workforce located in the SMSA, or, in the absence of an SMSA, in the 
counties contiguous to the employer's location or the location where the 
work is to be performed and in the areas from which persons may 
reasonably be expected to commute. This data on the total workforce of 
the applicable area will be supplied to grantees by the FAA. Grantees 
shall make this data available to the other organizations covered by 
this subpart. The comparison for minorities must be made only when 
minorities constitute at least 2 percent of the total workforce in the 
geographical area used for the comparison.
    (3) A comparison, for the aviation workforce, of the total number of 
applicants and persons hired with the total number of minority and 
female applicants, and minorities and females hired, for the past year. 
Where this data is unavailable, the employer shall establish and 
maintain a system to provide the data, and shall make the comparison 120 
days after establishing the data system.
    (4) Where the percentage of minorities and women in the employer's 
aviation workforce, in each job category, is less than the minority and 
female percentage in any job category in the workforce of the 
geographical area used, an analysis, based on the comparison required by 
paragraph (a)(3) of this section, determining whether any of the 
following exists:
    (i) Insufficient flow of minority and female applicants.
    (ii) Disparate rejection of minority and female applicants. The FAA 
generally considers disparate rejection to exist whenever a selection 
rate for any race, sex, or ethnic group is less than 80 percent of the 
rate for the race, sex, or ethnic group with the highest selection rate.
    (b) Each affirmative action plan required by this part shall be 
implemented through an action-oriented program with goals and timetables 
designed to eliminate obstacles to equal opportunity for women and 
minorities

[[Page 665]]

in recruitment and hiring, which shall include, but not be limited to:
    (1) Where disparate rejection of minority and female applicants is 
indicated by the analysis required by paragraph (a)(4) of this section, 
validation of those portions of the testing or selection procedures 
which cause the disparity in accordance with the ``Uniform Guidelines on 
Employee Selection'' (43 FR 38290; August 25, 1978), within 120 days of 
the analysis.
    (2) Where testing or selection procedures cannot be validated, 
discontinuation of their use.
    (3) Where an insufficient flow of minority and female applicants 
(less than the percentage available) is indicated by the analysis 
required by paragraph (a)(4) of this section, good faith efforts to 
increase the flow of minority and female applicants through the 
following steps, as appropriate:
    (i) Development or reaffirmation of an equal opportunity policy and 
dissemination of that policy internally and externally.
    (ii) Contact with minority and women's organizations, schools with 
predominant minority or female enrollments, and other recruitment 
sources for minorities and women.
    (iii) Encouragement of State and local employment agencies, unions, 
and other recruiting sources to ensure that minorities and women have 
ample information on, and opportunity to apply for, vacancies and to 
participate in examinations.
    (iv) Participation in special employment programs such as Co-
operative Education Programs with predominantly minority and women's 
colleges, ``After School'' or Work Study programs, and Summer 
Employment.
    (v) Participation in ``Job Fairs.''
    (vi) Participation of minority and female employees in Career Days, 
Youth Motivation Programs, and counseling and related activities in the 
community.
    (vii) Encouragement of minority and female employees to refer 
applicants.
    (viii) Motivation, training, and employment programs for minority 
and female hard-core unemployed.



Sec. 152.411  Affirmative action steps.

    (a) Each grantee which is not described in Sec. 152.407(a) and is 
not subject to an affirmative action plan, regulatory goals and 
timetables, or other mechanism providing for short and long-range goals 
for equal employment opportunity, shall make good faith efforts to 
recruit and hire minorities and women for its aviation workforce as 
vacancies occur, by taking the affirmative action steps in Sec. 
152.409(b)(3), as follows:
    (1) If it has 15 or more employees in its aviation workforce or 
employed for aviation purposes, by taking the affirmative action steps 
in Sec. 152.409(b)(3), as appropriate; or
    (2) If it has less than 15 employees in its aviation workforce or 
employed for aviation purposes, by taking the affirmative action steps 
in Sec. 152.409(b)(3) (i) and (ii), as appropriate.
    (b) Except as provided in paragraph (c) of this section, each 
sponsor shall require each of its aviation related activities on its 
airport, that is not subject to an affirmative action plan, regulatory 
goals and timetables, or other mechanism which provides short and long-
range goals for equal employment opportunity, to take affirmative action 
steps and cause them to similarly require affirmative action steps of 
their covered suborganizations, as follows:
    (1) Each aviation related activity or covered suborganization with 
less than 50 but more than 14 employees, must take the affirmative 
action steps enumerated in Sec. 152.409(b)(3), as appropriate.
    (2) Each aviation related activity or covered suborganization with 
less than 15 employees, must take the affirmative action steps 
enumerated in Sec. 152.409(b)(3) (i) and (ii), as appropriate.
    (c) Each sponsor shall require each construction contractor, that 
has a contract of $10,000 or more on its airport and that is not subject 
to an affirmative action plan, regulatory goals or timetables, or other 
mechanism which provides short and long-range goals for equal employment 
opportunity, to take the following affirmative action steps:
    (1) The contractor must establish and maintain a current list of 
minority and female recruitment sources; provide

[[Page 666]]

written notification to these recruitment sources and to community 
organizations when employment opportunities are available; and maintain 
a record of each organization's response.
    (2) The contractor must maintain a current file of the names, 
addresses, and telephone numbers of each minority and female walk-in 
applicant and each referral from a union, a recruitment source, or 
community organization and the action taken with respect to each 
individual. Where an individual is sent to the union hiring hall for 
referral, but not referred back to the contractor, or, if referred, not 
employed by the contractor, this shall be documented. The documentation 
shall include an explanation of, and information on, any additional 
actions that the contractor may have taken.
    (3) The contractor must disseminate its equal employment opportunity 
policy internally--
    (i) By providing notice of the policy to unions and training 
programs;
    (ii) By including it in policy manuals and collective bargaining 
agreements;
    (iii) By publicizing it in the company newspaper, report, or other 
publication; and
    (iv) By specific review of the policy with all management personnel 
and with all employees at least once a year.
    (4) The contractor must disseminate the contractors's equal 
employment opportunity policy externally--
    (i) By stating it in each employment advertisement in the news 
media, including news media with high minority and female readership; 
and
    (ii) By providing written notification to, or participating in 
discussions with, other contractors and subcontractors with whom the 
contractor does business.
    (5) The contractor must direct its recruitment efforts to minority 
and female organizations, to schools with minority and female students, 
and to organizations which recruit and train minorities and women, in 
the contractor's recruitment area.
    (6) The contractor must encourage present minority and female 
employees to recruit other minorities and women.
    (7) The contractor must, where possible, provide after school, 
summer, and vacation employment to minority and female youth.
    (d) Each sponsor shall require each of its prime construction 
contractors on its airport, with a contract of $10,000 or more, to 
require each of the contractor's subcontractors on the airport to comply 
with the affirmative action steps in paragraph (c) of this section, with 
which it does not already comply, unless the subcontractor is subject to 
an affirmative action plan, regulatory goals or timetables, or other 
mechanism which provides short and long-range goals for equal employment 
opportunity, or the subcontract is less than $10,000.



Sec. 152.413  Notice requirement.

    Each grantee shall give adequate notice to employees and applicants 
for employment, through posters provided by the Secretary, that the FAA 
is committed to the requirements of section 30 of the AADA, to ensure 
that no person shall, on the grounds of race, creed, color, national 
origin, or sex, be excluded from participating in any activity conducted 
with funds authorized under this part.



Sec. 152.415  Records and reports.

    (a) Each grantee shall keep on file for a period of three years or 
for the period during which the Federal financial assistance is made 
available, whichever is longer, reports (other than those transmitted to 
the FAA), records, and affirmative action plans, if applicable, that 
will enable the FAA Office of Civil Rights to ascertain if there has 
been and is compliance with this subpart.
    (b) Each sponsor shall require its covered organizations to keep on 
file, for the period set forth in paragraph (a) of this section, reports 
(other than those submitted to the FAA), records, and affirmative action 
plans, if applicable, that will enable the FAA Office of Civil Rights to 
ascertain if there has been and is compliance with this subpart, and 
shall cause them to require their covered suborganizations to keep 
similar records as applicable.
    (c) Each grantee, employing 15 or more person, shall annually submit 
to the FAA a compliance report on a form provided by the FAA and a 
statistical report on a Form EEO-1 of the Equal

[[Page 667]]

Employment Opportunity Commission (EEOC) or any superseding EEOC form. 
If a grantee already is submitting a Form EEO-1 to another agency, the 
grantee may submit a copy of that form to the FAA as its statistical 
report. The information provided shall include goals and timetables, if 
established in compliance with the requirements of Sec. 152.409 or with 
the requirements of another Federal agency or a State or local agency.
    (d) Each sponsor shall--
    (1) Require each of its aviation-related activities (except 
construction contractors), employing 15 or more persons, to annually 
submit to the sponsor the reports required by paragraph (c) of this 
section, on the same basis as stated in paragraph (c) of this section, 
and shall cause each aviation-related activitiy to require its covered 
suborganizations, with 15 or more employees, to annually submit the 
reports required by paragraph (c) of this section through the prime 
organization to the sponsor, for transmittal by the sponsor to the FAA.
    (2) Annually collect from its aviation related activities employing 
less than 15 employees, and transmit to the FAA an aggregate employment 
report, that includes the employment of sponsors with less than 15 
employees, on an EEO-1 or any superseding EEOC form.
    (e) Each sponsor shall require each of its construction contractors 
on its airport, with a contract of $10,000 or more, which is not subject 
to E.O. 11246 and the regulations of the Department of Labor (DOL), to 
submit to the sponsor, at the conclusion of the project, a compliance 
report on a form provided by the FAA and a statistical report on a DOL 
Form 257 or any superseding DOL form. For projects exceeding six months, 
the sponsor shall require a midway compliance report. The sponsor shall 
submit these reports to the FAA.
    (f) Each sponsor shall cause each of its construction contractors on 
its airport to require each of the contractor's subcontractors, with a 
subcontract of $10,000 or more, which are not subject to E.O. 11246 and 
the regulations of the DOL, to submit the reports required by paragraph 
(e) of this section to the prime contractor for submission to the 
sponsor. The sponsor shall transmit these reports to the FAA.
    (g) Each organization required to prepare an affirmative action plan 
for the FAA under this subpart shall update it annually and as changed 
circumstances require. Each organization that has prepared a plan in 
compliance with the requirements of another Federal agency or a State or 
local agency, shall update it in accordance with the requirements of 
that agency.



Sec. 152.417  Monitoring employment.

    (a) Each grantee shall allow the FAA Office of Civil Rights to 
monitor its equal employment opportunity compliance with this subpart 
through on-site reviews and desk audits. Reviews or audits will include 
the records submitted under Sec. 152.415.
    (b) As it deems necessary, the FAA Office of Civil Rights will 
conduct on-site or desk audits of covered aviation related activities on 
airports.



Sec. 152.419  Minority business.

    Each person subject to this subpart is required to comply with the 
Minority Business Enterprise Regulations of the Department.



Sec. 152.421  Public accommodations, services, and benefits.

    Requirements relating to the provision of public accommodations, 
services, and other benefits to beneficiaries under Title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and part 21 of the 
regulations of the Office of the Secretary of Transportation (49 CFR 
part 21) implementing Title VI are made applicable, where appropriate, 
to nondiscrimination and affirmative action on the basis of sex or 
creed, and shall be complied with by each applicant for assistance and 
each grantee.



Sec. 152.423  Investigation and enforcement.

    (a) Complaints. Any person who believes that he or she has been 
subjected to discrimination prohibited by this subpart may personally, 
or through a representative, file a complaint with the Director of the 
Departmental Office of Civil Rights. A complaint must be in writing and 
filed not later than 180 days after the date of the alleged

[[Page 668]]

discrimination, unless the time for filing is extended by the Director.
    (b) Investigations and informal resolutions. The Departmental Office 
of Civil Rights will make a prompt investigation whenever a complaint, 
compliance review, report, or any other information indicates a possible 
failure to comply with this subpart. The procedures in 49 CFR part 21, 
augmented as appropriate by the investigative procedures of part 13 of 
this chapter, will be followed, except that--
    (1) Compliance with a regulation of the Department applicable to 
minority business enterprise will be investigated and enforced through 
the procedures contained in that regulation; and
    (2) Except as provided in paragraph (c) of this section, allegations 
of noncompliance with regulations governing equal employment opportunity 
of another Federal agency or a State or local agency, will be referred, 
for investigation and enforcement, to the Federal agency or, in the 
discretion of the Departmental Office of Civil Rights, to the State or 
local agency.
    (c) When the FAA (under section 30 of the AADA) and another Federal 
agency, a referral agency recognized by the Equal Employment Opportunity 
Commission, or a court have concurrent jurisdiction over a matter--
    (1) If the other agency or court makes a finding on the record that 
noncompliance or discrimination has occurred, the FAA will accept the 
finding, and determine what sanctions or remedies are appropriate under 
section 30 as a result of the finding, after permitting the party 
against whom the finding was made to be heard on the determination of 
the sanctions or remedies; or
    (2) If it appears that delay, through referral to another agency, 
will result in the continued expenditure of Federal funds under this 
part without compliance with this subpart, the Secretary may--
    (i) Investigate the matter;
    (ii) Make a determination as to compliance with section 30; and
    (iii) Impose appropriate sanctions and remedies.
    (d) Nothing in this section shall preclude the Director of the 
Departmental Office of Civil Rights from initiating an investigation 
when it appears that the investigation of the complaint may reveal a 
pattern or practice of discrimination or noncompliance with the 
requirements of this subpart in the employment practices of a grantee or 
other covered organization.



Sec. 152.425  Effect of subpart.

    Nothing contained in this subpart diminishes or supersedes the 
obligations imposed by Title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d), Executive Order 11246 (42 U.S.C. 2000e (note)), or any 
other Federal law or Executive Order relating to civil rights.



             Subpart F_Suspension and Termination of Grants

    Source: Docket No. 19430, 45 FR 34792, May 22, 1980, unless 
otherwise noted.



Sec. 152.501  Applicability.

    This subpart contains procedures for suspending or terminating 
grants for airport development projects and airport planning.



Sec. 152.503  Suspension of grant.

    (a) If the sponsor or planning agency fails to comply with the 
conditions of the grant, the FAA may, by written notice to the sponsor 
or planning agency, suspend the grant and withhold further payments 
pending--
    (1) Corrective action by the sponsor or planning agency; or
    (2) A decision to terminate the grant.
    (b) Except as provided in paragraph (c), after receipt of notice of 
suspension, the sponsor or planning agency may not incur additional 
obligations of grant funds during the suspension.
    (c) All necessary and proper costs that the sponsor or planning 
agency could not reasonably avoid during the period of suspension will 
be allowed, if those costs are in accordance with appendix C of this 
part.



Sec. 152.505  Termination for cause.

    (a) If the sponsor or planning agency fails to comply with the 
conditions of the grant, the FAA may, by written notice to the sponsor 
or planning agency, terminate the grant in whole, or in part.

[[Page 669]]

    (b) The notice of termination will contain--
    (1) The reasons for the termination, and
    (2) The effective date of termination.
    (c) After receipt of the notice of termination, the sponsor or 
planning agency may not incur additional obligations of grant funds.
    (d) Payments to be made to the sponsor or planning agency, or 
recoveries of payments by the FAA, under the grant shall be in 
accordance with the legal rights and liabilities of the parties.



Sec. 152.507  Termination for convenience.

    (a) When the continuation of the project would not produce 
beneficial results commensurate with the further expenditure of funds, 
the grant may be terminated in whole, or in part, upon mutual agreement 
of the FAA and the sponsor or planning agency.
    (b) If an agreement to terminate is made, the sponsor or planning 
agency--
    (1) May not incur new obligations for the terminated portion after 
the effective date; and
    (2) Shall cancel as many obligations, relating to the terminated 
portion, as possible.
    (c) The sponsor or planning agency is allowed full credit for the 
Federal share of the noncancellable obligations that were properly 
incurred by the sponsor before the termination.



Sec. 152.509  Request for reconsideration.

    If a grant is suspended or terminated under this subpart, the 
sponsor or planning agency may request the Administrator to reconsider 
the suspension or termination.



          Subpart G_Energy Conservation in Airport Aid Program

    Authority: Secs. 1-27, 84 Stat. 220-223 (49 U.S.C. 1711-1727); sec. 
1.47(g), Regulations of the Office of the Secretary of Transportation; 
35 FR 17044; sec. 403(b), 92 Stat. 3318; E.O. 12185.

    Source: Docket No. 66, 45 FR 58035, Aug. 29, 1980, unless otherwise 
noted.



Sec. 152.601  Purpose.

    This subpart implements section 403 of the Powerplant and Industrial 
Fuel Use Act of 1978 (92 Stat. 3318; Pub. L. 95-620) in order to 
encourage conservation of petroleum and natural gas by recipients of 
Federal financial assistance.



Sec. 152.603  Applicability.

    This subpart applies to each recipient of Federal financial 
assistance from the Federal Aviation Administration through the Airport 
Development Aid Program (ADAP) unless otherwise excluded by definition.



Sec. 152.605  Definitions.

    As used in this subpart--
    Building construction means construction of any building which 
receives Federal assistance under the program, which will exceed 
$200,000 in construction cost.
    Energy assessment means an analysis of total energy requirements of 
a building, which, within the scope of the proposed construction 
activity, and at a level of detail appropriate to that scope, considers 
the following:
    (a) Overall design of the facility or modification, and alternative 
designs;
    (b) Materials and techniques used in construction or rehabilitation;
    (c) Special or innovative conservation features that may be used;
    (d) Fuel requirements for heating, cooling, and operations essential 
to the function of the structure, projected over the life of the 
facility and including projected costs of this fuel; and
    (e) Kind of energy to be used, including--
    (1) Consideration of opportunities for using fuels other than 
petroleum and natural gas, and
    (2) Consideration of using alternative, renewable energy sources.
    Major building modification means modification of any building which 
receives Federal assistance under the program, which will exceed 
$200,000 in construction cost.



Sec. 152.607  Building design requirements.

    Each sponsor shall perform an energy assessment for each federally-
assisted building construction or major building modification project 
proposed at the airport. The building design, construction, and 
operation shall incorporate, to the extent consistent with

[[Page 670]]

good engineering practice, the most cost-effective energy conservation 
features identified in the energy assessment.



Sec. 152.609  Energy conservation practices.

    Each sponsor shall require fuel and energy conservation practices in 
the operation and maintenance of the airport and shall encourage airport 
tenants to use these practices.



       Sec. Appendix A to Part 152--Contract and Labor Provisions

    This appendix sets forth contract and labor provisions applicable to 
grants under the Airport and Airway Development Act of 1970.
    This appendix does not apply to: (1) Any contract with the owner of 
airport hazards, buildings, pipelines, powerlines, or other structures 
or facilities, for installing, extending, changing, removing, or 
relocating that structure or facility, and (2) any written agreement or 
understanding between a sponsor and another public agency that is not a 
sponsor of the project, under which the public agency undertakes 
construction work for or as agent of the sponsor.

 I. Contract Provisions Required by the Regulations of the Secretary of 
                                  Labor

    Each sponsor entering into a construction contract for an airport 
development project shall insert in the contract and any supplemental 
agreement:
    (1) The provisions required by the Secretary of Labor, as set forth 
in paragraphs A through K;
    (2) The provisions set forth in paragraph L, and
    (3) Any other provisions necessary to ensure completion of the work 
in accordance with the grant agreement.

The provisions in paragraphs A through K and provision (5) in paragraph 
L need not be included in prime contracts of $2,000 or less.
    A. Minimum wages. (1) All mechanics and laborers employed or working 
upon the site of the work will be paid unconditionally and not less 
often than once a week, and without subsequent deduction or rebate on 
any account (except such payroll deductions as are permitted by 
regulations issued by the Secretary of Labor under the Copeland Act [29 
CFR part 3], the full amounts due at time of payment computed at wage 
rates not less than those contained in the wage determination 
decision(s) of the Secretary of Labor which is (are) attached hereto and 
made a part hereof, regardless of any contractual relationship which may 
be alleged to exist between the contractor and such laborers and 
mechanics; and the wage determination decision(s) shall be posted by the 
contractor at the site of the work in a prominent place where it (they) 
can be easily seen by the workers. For the purpose of this paragraph, 
contributions made or costs reasonably anticipated under section 1(b)(2) 
of the Davis-Bacon Act on behalf of laborers or mechanics are considered 
wages paid to such laborers or mechanics, subject to the provisions of 
paragraph (4) below. Also for the purpose of this paragraph, regular 
contributions made or costs incurred for more than a weekly period under 
plans, funds, or programs, but covering the particular weekly period, 
are deemed to be constructively made or incurred during such weekly 
period (29 CFR 5.5(a)(1)(i)).
    (2) Any class of laborers or mechanics, including apprentices and 
trainees, which is not listed in the wage determination(s) and which is 
to be employed under the contract, shall be classified or reclassified 
conformably to the wage determination(s), and a report of the action 
taken shall be sent by the [insert sponsor's name] to the FAA for 
approval and transmittal to the Secretary of Labor. In the event that 
the interested parties cannot agree on the proper classification or 
reclassification of a particular class of laborers and mechanics, 
including apprentices and trainees, to be used, the question accompanied 
by the recommendation of the FAA shall be referred to the Secretary of 
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
    (3) Whenever the minimum wage rate prescribed in the contract for a 
class of laborers or mechanics includes a fringe benefit which is not 
expressed as an hourly wage rate and the contractor is obligated to pay 
a cash equivalent of such a fringe benefit, an hourly cash equivalent 
thereof shall be established. In the event the interested parties cannot 
agree upon a cash equivalent of the fringe benefit, the question 
accompanied by the recommendation of the FAA shall be referred to the 
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
    (4) If the contractor does not make payments to a trustee or other 
third person, he may consider as part of the wages of any laborer or 
mechanic the amount of any costs reasonably anticipated in providing 
benefits under a plan or program of a type expressly listed in the wage 
determination decision of the Secretary of Labor which is a part of this 
contract: Provided, however, the Secretary of Labor has found, upon 
written request of the contractor, that the applicable standards of the 
Davis-Bacon Act have been met. The Secretary of Labor may require the 
contractor to set aside in a separate account assets for the meeting of 
obligations under the plan or program (29 CFR 5.5(a)(1)(iv)).
    B. Withholding: FAA from sponsor. Pursuant to the terms of the grant 
agreement between the United States and [insert sponsor's name], 
relating to Airport Development Aid

[[Page 671]]

Project No. --, and part 152 of the Federal Aviation Regulations (14 CFR 
part 152), the FAA may withhold or cause to be withheld from the [insert 
sponsor's name] so much of the accrued payments or advances as may be 
considered necessary to pay laborers and mechanics, including 
apprentices and trainees, employed by the contractor or any 
subcontractor on the work the full amount of wages required by this 
contract. In the event of failure to pay any laborer or mechanics, 
including any apprentice or trainee, employed or working on the site of 
the work all or part of the wages required by this contract, the FAA 
may, after written notice to the [insert sponsor's name], take such 
action as may be necessary to cause the suspension of any further 
payment or advance of funds until such violations have ceased (29 CFR 
5.5(a)(2)).
    C. Payrolls and basic records. (1) Payrolls and basic records 
relating thereto will be maintained during the course of the work and 
preserved for a period of 3 years thereafter for all laborers and 
mechanics working at the site of the work. Such records will contain the 
name and address of each such employee, his correct classification, 
rates of pay (including rates of contributions or costs anticipated of 
the types described in section 1(b)(2) of the Davis-Bacon Act), daily 
and weekly number of hours worked, deductions made and actual wages 
paid. Whenever the Secretary of Labor has found, under 29 CFR 
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), that the wages 
of any laborer or mechanic include the amount of any costs reasonably 
anticipated in providing benefits under a plan or program described in 
section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain 
records which show that the commitment to provide such benefits is 
enforceable, that the plan or program is financially responsible, and 
that the plan or program has been communicated in writing to the 
laborers or mechanics affected, and records which show the costs 
anticipated or the actual costs incurred in providing such benefits (29 
CFR 5.5(a)(3)(i)).
    (2) The contractor will submit weekly a copy of all payrolls to the 
[insert sponsor's name] for availability to the FAA. The copy shall be 
accompanied by a statement signed by the employer or his agent 
indicating that the payrolls are correct and complete, that the wage 
rates contained therein are not less than those determined by the 
Secretary of Labor and that the classifications set forth for each 
laborer or mechanic conform with the work he performed. A submission of 
a ``Weekly Statement of Compliance'' which is required under this 
contract and the Copeland regulations of the Secretary of Labor (29 CFR 
part 3) and the filing with the initial payroll or any subsequent 
payroll of a copy of any findings by the Secretary of Labor under 29 CFR 
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), shall satisfy 
this requirement. The prime contractor shall be responsible for 
submission of copies of payrolls of all subcontractors. The contractor 
will make the records required under the labor standards clauses of the 
contract available for inspection by authorized representatives of the 
FAA and the Department of Labor, and will permit such representatives to 
interview employees during working hours on the job. Contractors 
employing apprentices or trainees under approved programs shall include 
a notation on the first weekly certified payrolls submitted to the 
[insert sponsor's name] for availability to the FAA, that their 
employment is pursuant to an approved program and shall identify the 
program (29 CFR 5.5(a)(3)(ii)).
    D. Apprentices and trainees--(1) Apprentices. Apprentices will be 
permitted to work at less than the predetermined rate for the work they 
performed when they are employed and individually registered in a bona 
fide apprenticeship program registered with the U.S. Department of 
Labor, Employment and Training Administration, Bureau of Apprenticeship 
and Training, or with a State Apprenticeship Agency recognized by the 
Bureau, or if a person is employed in his first 90 days of probationary 
employment as an apprentice in such an apprenticeship program, who is 
not individually registered in the program, but who has been certified 
by the Bureau of Apprenticeship and Training or a State Apprenticeship 
Agency (where appropriate) to be eligible for probationary employment as 
an apprentice. The allowable ratio of apprentices to journeymen in any 
craft classification shall not be greater than the ratio permitted to 
the contractor as to his entire work force under the registered program. 
Any employee listed on a payroll at an apprentice wage rate, who is not 
a trainee as defined in paragraph (2) of this paragraph or is not 
registered or otherwise employed as stated above, shall be paid the wage 
rate determined by the Secretary of Labor for the classification of work 
he actually performed. The contractor or subcontractor will be required 
to furnish to the [insert sponsor's name] or a representative of the 
Wage-Hour Division of the U.S. Department of Labor written evidence of 
the registration of his program and apprentices as well as the 
appropriate ratios and wage rates (expressed in percentages of the 
journeyman hourly rates), for the area of construction prior to using 
any apprentices on the contract work. The wage rate paid apprentices 
shall be not less than the appropriate percentage of the journeyman's 
rate contained in the applicable wage determination (29 CFR 
5.5(a)(4)(i)).
    (2) Trainees. Except as provided in 29 CFR 5.15 trainees will not be 
permitted to work at less than the predetermined rate for the work 
performed unless they are employed pursuant to and individually 
registered in a

[[Page 672]]

program which has received prior approval, evidenced by formal 
certification by the U.S. Department of Labor, Employment and Training 
Administration. Bureau of Apprenticeship and Training. The ratio of 
trainees to journeymen shall not be greater than permitted under the 
plan approved by the Bureau of Apprenticeship and Training. Every 
trainee must be paid at not less than the rate specified in the approved 
program for his level of progress. Any employee listed on the payroll at 
a trainee rate who is not registered and participating in a training 
plan approved by the Bureau of Apprenticeship and Training shall be paid 
not less than the wage rate determined by the Secretary of Labor for the 
classification of work he actually performed. The contractor or 
subcontractor will be required to furnish the [insert sponsor's name] or 
a representative of the Wage-Hour Division of the U.S. Department of 
Labor written evidence of the certification of his program, the 
registration of the trainees, and the ratios and wage rates prescribed 
in that program. In the event the Bureau of Apprenticeship and Training 
withdraws approval of a training program, the contractor will no longer 
be permitted to utilize trainees at less than the applicable 
predetermined rate for the work performed until an acceptable program is 
approved (29 CFR 5.5(a)(4)(ii)).
    (3) Equal employment opportunity. The utilization of apprentices, 
trainees and journeymen under this paragraph shall be in conformity with 
the equal employment opportunity requirements of Executive Order 11246, 
as amended, and 29 CFR part 30 (29 CFR 5.5(a)(4)(iii)).
    (4) Application of 29 CFR 5.5(a)(4). On contracts in excess of 
$2,000 the employment of all apprentices and trainees as defined in 29 
CFR 5.2(c) shall be subject to the provisions of 29 CFR 5.5(a)(4) (see 
paragraph D(1), (2), and (3) above).
    E. Compliance with Copeland Regulations. The contractor shall comply 
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor 
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
    F. Overtime requirements. No contractor or subcontractor contracting 
for any part of the contract work which may require or involve the 
employment of laborers or mechanics shall require or permit any laborer 
or mechanic in any workweek in which he is employed on such work to work 
in excess of 8 hours in any calendar day or in excess of 40 hours in 
such workweek unless such laborer or mechanic received compensation at a 
rate not less than 1\1/2\ times his basic rate of pay for all hours 
worked in excess of 8 hours in any calendar day or in excess of 40 hours 
in such workweek, as the case may be (29 CFR 5.5(c)(1)).
    G. Violations; liability for unpaid wages; liquidated damages. In 
the event of any violation of paragraph F of this provision, the 
contractor and any subcontractor responsible therefor shall be liable to 
any affected employee for his unpaid wages. In addition, such contractor 
and subcontractor shall be liable to the United States for liquidated 
damages. Such liquidated damages shall be computed, with respect to each 
individual laborer or mechanic employed in violation of said paragraph F 
of this provision, in the sum of $10 for each calendar day on which such 
employee was required or permitted to work in excess of 8 hours or in 
excess of the standard workweek of 40 hours without payment of the 
overtime wages required by said paragraph F of this provision (29 CFR 
5.5(c)(2)).
    H. Withholding for unpaid wages and liquidated damages. The FAA may 
withhold or cause to be withheld, from any monies payable on account of 
work performed by the contractor or subcontractor, such sums as may 
administratively be determined to be necessary to satisfy any 
liabilities of such contractor or subcontractor for unpaid wages and 
liquidated damages as provided in paragraph G of this provision (29 CFR 
5.5(c)(3)).
    I. Working conditions. No contractor may require any laborer or 
mechanic employed in the performance of any contract to work in 
surroundings or under working conditions that are unsanitary, hazardous, 
or dangerous to his health or safety as determined under construction 
safety and health standards (29 CFR part 1926) and other occupational 
and health standards (29 CFR part 1910) issued by the Department of 
Labor.
    J. Subcontracts. The contractor will insert in each of his 
subcontracts the clauses contained in paragraphs A through K of this 
provision, and also a clause requiring the subcontractors to include 
these provisions in any lower tier subcontracts which they may enter 
into, together with a clause requiring this insertion in any further 
subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)).
    K. Contract termination debarment. A breach of clause A, B, C, D, E, 
or J may be grounds for termination of the contract, and for debarment 
as provided in Sec. 5.6 of the Regulations of the Secretary of Labor as 
codified in 29 CFR 5.6 (29 CFR 5.5(a)(7)).
    L. Additional contract provisions--(1) Airport Development Aid 
Program Project. The work in this contract is included in Airport 
Development Aid Program Project No. --, which is being undertaken and 
accomplished by the [insert sponsor's name] in accordance with the terms 
and conditions of a grant agreement between the [insert sponsor's name] 
and the United States, under the Airport and Airway Development Act of 
1970 (84 Stat. 219) and part 152 of the Federal Aviation Regulations (14 
CFR part 152), pursuant to which

[[Page 673]]

the United States has agreed to pay a certain percentage of the costs of 
the project that are determined to be allowable project costs under that 
Act. The United States is not a party to this contract and no reference 
in this contract to the FAA or any representative thereof, or to any 
rights granted to the FAA or any representative thereof, or the United 
States, by the contract, makes the United States a party to this 
contract.
    (2) Consent to assignment. The contractor shall obtain the prior 
written consent of the [insert sponsor's name] to any proposed 
assignment of any interest in or part of this contract.
    (3) Convict labor. No convict labor may be employed under this 
contract.
    (4) Veterans preference. In the employment of labor (except in 
executive, administrative, and supervisory positions), preference shall 
be given to qualified individuals who have served in the military 
service of the United States (as defined in section 101(1) of the 
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501) and 
have been honorably discharged from the service, except that preference 
may be given only where that labor is available locally and is qualified 
to perform the work to which the employment relates.
    (5) Withholding: sponsor from contractor. Whether or not payments or 
advances to the [insert sponsor's name] are withheld or suspended by the 
FAA, the [insert sponsor's name] may withhold or cause to be withheld 
from the contractor so much of the accrued payments or advances as may 
be considered necessary to pay laborers and mechanics employed by the 
contractor or any subcontractor on the work the full amount of wages 
required by this contract.
    (6) Nonpayment of wages. If the contractor or subcontractor fails to 
pay any laborer or mechanic employed or working on the site of the work 
any of the wages required by this contract the [insert sponsor's name] 
may, after written notice to the contractor, take such action as may be 
necessary to cause the suspension of any further payment or advance of 
funds until the violations cease.
    (7) FAA inspection and review. The contractor shall allow any 
authorized representative of the FAA to inspect and review any work or 
materials used in the performance of this contract.
    (8) Subcontracts. The contractor shall insert in each of his 
subcontracts the provisions contained in paragraphs [insert designation 
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4), 
(5), (6), and (7) of this paragraph], and also a clause requiring the 
subcontractors to include these provisions in any lower tier 
subcontracts which they may enter into, together with a clause requiring 
this insertion in any further subcontracts that may in turn be made.
    (9) Contract termination. A breach of paragraphs [insert designation 
of 3 paragraphs corresponding to paragraphs (6), (7), and (8) of this 
paragraph] may be grounds for termination of the contract.

                  II. Adjustment in Liquidated Damages

    A contractor or subcontractor who has become liable for liquidated 
damages under the provision set out in paragraph I.G of this appendix 
and who claims that the amount administratively determined as liquidated 
damages under section 104(a) of the Contract Work Hours and Safety 
Standards Act is incorrect or that he violated inadvertently the 
Contract Work Hours and Safety Standards Act, notwithstanding the 
exercise of due care, may--
    (1) If the amount determined is more than $100, apply to the 
Administrator for a recommendation to the Secretary of Labor that an 
appropriate adjustment be made or that he be relieved of liability for 
the liquidated damages; or
    (2) If the amount determined is $100 or less, apply to the 
Administrator for an appropriate adjustment in liquidated damages or for 
release from liability for the liquidated damages.

                   III. Corrected Wage Determinations

    The Secretary of Labor corrects any wage determination included in 
any contract under this appendix whenever the wage determination 
contains clerical errors. A correction may be made at the 
Administrator's request or on the initiative of the Secretary of Labor.

     IV. Applicability of Interpretations of the Secretary of Labor

    When applicable by their terms, the regulations of the Secretary of 
Labor (29 CFR 5.20-5.32) interpreting the ``fringe benefit provisions'' 
of the Davis-Bacon Act apply to the contract provisions in this 
appendix.

                               V. Records

    A sponsor who is required to include in a construction contract the 
labor provisions required by this appendix shall require the contractor 
to comply with those provisions and shall cooperate with the FAA in 
effecting that compliance. For this purpose the sponsor shall--
    (1) Keep, and preserve, the record described in paragraph IC for a 
3-year period beginning on the date the contract is completed, each 
affidavit and payroll copy furnished by the contractor, and make those 
affidavits and copies available to the FAA, upon request, during that 
period;
    (2) Have each of those affidavits and payrolls examined by its 
resident engineer (or any other of its employees or agents who is 
qualified to make the necessary determinations), as soon as possible 
after receiving it,

[[Page 674]]

to the extent necessary to determine whether the contractor is complying 
with the labor provisions required by this appendix and particularly 
with respect to whether the contractor's employees are correctly 
classified;
    (3) Have investigations made during the performance of work under 
the contract, to the extent necessary to determine whether the 
contractor is complying with those labor provisions, including in the 
investigations, interviews with employees and examinations of payroll 
information at the work site by the sponsor's resident engineer (or any 
other of its employees or agents who is qualified to make the necessary 
determinations);
    (4) Keep the appropriate FAA office fully advised of all 
examinations and investigations made under this appendix, all 
determinations made on the basis of those examinations and 
investigations, and all efforts made to obtain compliance with the labor 
provisions of the contract; and
    (5) Give priority to complaints of alleged violations, and treat as 
confidential any written or oral statements made by any employee in 
connection with a complaint, and not disclose an employee's statement 
made in connection with a complaint to a contractor without the 
employee's consent.

[Doc. No. 19430, 45 FR 34793, May 22, 1980]



Sec. Appendix B to Part 152--List of Advisory Circulars Incorporated by 
                              Sec. 152.11

    (a) Circulars available free of charge.

                           Number and Subject

150/5100-12--Electronic Navigational Aids Approved for Funding Under the 
Airport Development Aid Program (ADAP).
150/5190-3A--Model Airport Hazard Zoning Ordinance.
150/5210-7A--Aircraft Fire and Rescue Communications.
150/5210-10--Airport Fire and Rescue Equipment Building Guide.
150/5300-2C--Airport Design Standards--Site Requirements for Terminal 
Navigational Facilities.
150/5300-4B--Utility Airports--Air Access to National Transportation.
150/5300-6--Airport Design Standards--General Aviation Airports--Basic 
and General Transport.
150/5300-8--Planning and Design Criteria for Metropolitan STOL Ports.
150/5320-6B--Airport Pavement Design and Evaluation.
150/5320-10--Environmental Enhancement at Airports--Industrial Waste 
Treatment.
150/5320-12--Methods for the Design, Construction, and Maintenance of 
Skid Resistant Airport Pavement Surfaces.
150/5325-2C--Airport Design Standards--Airports Served by Air Carriers--
Surface Gradient and Line-of-Sight.
150/5325-4--Runway Length Requirements for Airport Design.
150/5325-6A--Airport Design Standards--Effect and Treatment of Jet 
Blast.
150/5325-8--Compass Calibration Pad.
150/5335-1A--Airport Design Standards--Airports Served by Air Carriers--
Taxiways.
150/5335-2--Airport Aprons.
150/5335-3--Airport Design Standards--Airports Served by Air Carriers--
Bridges and Tunnels on Airports.
150/5335-4--Airport Design Standards--Airports Served by Air Carriers--
Runway Geometrics.
150/5340-1D--Marking of Paved Areas on Airports.
150/5340-4C--Installation Details for Runway Centerline and Touchdown 
Zone Lighting Systems.
150/5340-5A--Segmented Circle Airport Marker System.
150/5340-8--Airport 51-foot Tubular Beacon Tower.
150/5340-14B--Economy Approach Lighting Aids.
150/5340-17A--Standby Power for Non-FAA Airport Lighting System.
150/5340-18--Taxiway Guidance Sign System.
150/5340-19--Taxiway Centerline Lighting System.
150/5340-20--Installation Details and Maintenance Standards for 
Reflective Markers for Airport Runway and Taxiway Centerlines.
150/5340-21--Airport Miscellaneous Lighting Visual Aids.
AC/5340-22--Maintenance Guide for Determining Degradation and Cleaning 
of Centerline and Touchdown Zone Lights.
150/5340-23A--Supplemental Wind Cones.
150/5340-24--Runway and Taxiway Edge Lighting System.
150/5340-25--Visual Approach Slope Indicator (VASI) Systems.
150/5345-1E--Approved Airport Lighting Equipment.
150/5345-2--Specification for L-810 Obstruction Light.
150/5345-3C--Specification for L-821 Panels for Remote Control of 
Airport Lighting.
150/5345-4--Specification for L-829 Internally Lighted Airport Taxi 
Guidance Sign.
150/5345-5--Specification for L-847 Circuit Selector Switch, 5,000 Volt 
20 Ampere.
150/5345-7C--Specification for L-824 Underground Electrical Cable for 
Airport Lighting Circuits.
150/5345-10C--Specification for L-828 Constant Current Regulators.
150/5345-11--Specification for L-812 Static Indoor Type Constant Current 
Regulator Assembly; 4 KW and 7\1/2\ KW, With Brightness Control for 
Remote Operation.
150/5345-12A--Specification for L-801 Beacon.

[[Page 675]]

150/5345-13--Specification for L-841 Auxiliary Relay Cabinet Assembly 
for Pilot Control of Airport Lighting Circuits.
150/5345-18--Specification for L-811 Static Indoor Type Constant Current 
Regulator Assembly, 4 KW; With Brightness Control and Runway Selection 
for Direct Operation.
150/5345-21--Specification for L-813 Static Indoor Type Constant Current 
Regulator Assembly; 4 KW and 7\1/2\ KW; for Remote Operation of Taxiway 
Lights.
150/5345-26A--Specification for L-823 Plug and Receptacle. Cable 
Connectors.
150/5345-27A--Specification for L-807 Eight-foot and Twelve-foot 
Unlighted or Externally Lighted Wind Cone Assemblies.
150/5345-28C--Specification for L-851 Visual Approach Slope Indicators 
and Accessories.
150/5345-36--Specification for L-808 Lighted Wind Tee.
150/5345-39A--FAA Specification for L-853, Runway and Taxiway 
Retroreflective Markers.
150/5345-42A--FAA Specification L-857, Airport Light Bases, Transformer 
Housings, and Junction Boxes.
150/5345-43B--FAA/DOD Specification L-856, High Intensity Obstruction 
Lighting Systems.
150/5345-44A--Specification for L-858 Retroreflective Taxiway Guidance 
Sign.
150/5345-45--Lightweight Approach Light Structure.
150/5345-46--Specification for Semiflush Airport Lights.
150/5345-47--Isolation Transformers for Airport Lighting Systems.
150/5345-48--Specification for Runway and Taxiway Edge Lights.
150/5360-6--Airport Terminal Building Development with Federal 
Participation.
150/5360-7--Planning and Design Considerations for Airport Terminal 
Building Development.
150/5370-7--Airport Construction Controls to Prevent Air and Water 
Pollution.
150/5370-9--Slip-Form Paving--Portland Cement Concrete.
150/5370-11--Use of Nondestructive Testing Devices in the Evaluation of 
Airport Pavements.

    (b) Circulars for sale.

                           Number and Subject

150/5320-5B--Airport Drainage; $1.30.
150/5370-10--Standards for Specifying Construction of Airports; $7.25.
150/5390-1A--Heliport Design Guide; $1.50.

[Doc. No. 19430, 45 FR 34795, May 22, 1980]



  Sec. Appendix C to Part 152--Procurement Procedures and Requirements

    There is set forth below procurement procedures and requirements 
applicable to grants for airport development under the Airport and 
Airway Development Act of 1970.
    1. General. Each contract under a project must meet the requirements 
of local law and the requirements and standards contained in this 
appendix. The sponsor shall establish procedures for procurement of 
supplies, equipment, construction, and services funded under the project 
which meet the requirements of Attachment O of Office of Management and 
Budget (OMB) Circular A-102 (44 FR 47874) and of this appendix. Subject 
to funding and time limitations, the FAA reviews the sponsor's 
procurement system to determine whether it may be certified in 
accordance with Attachment O of OMB Circular A-102.
    2. Out-of-state labor. No procedure or requirement shall be imposed 
by any grantee which will operate to discriminate against the employment 
of labor from any other State, possession, or territory of the United 
States in the construction of a project.
    3. Bid guarantee. All bids for construction or facility improvement 
in excess of $100,000 shall be accompanied by a bid guarantee consisting 
of a firm commitment such as a bid bond, certified check or other 
negotiable instrument equivalent to five percent of the bid price as 
assurance that the bidder will, upon acceptance of his bid, execute such 
contractual documents as may be required within the time specified.
    4. Construction work. All construction work under a project must be 
performed under contract, except in a case where the Administrator 
determines that the project, or a part of it, can be more effectively 
and economically accomplished on a force account basis by the sponsor or 
by another public agency acting for or as agent of the sponsor.
    5. Change order. Unless otherwise authorized by the Administrator, 
no sponsor may issue any change order under any of its construction 
contracts or enter into a supplemental agreement unless three copies of 
that order or agreement have been sent to, and approved by, the FAA.
    6. Beginning work. No sponsor may allow a contractor or 
subcontractor to begin work under a project until--
    a. The sponsor has furnished three conformed copies of the contract 
to the appropriate FAA office;
    b. The sponsor has, if applicable, submitted a statement that 
comparable replacement housing, as defined in Sec. 25.15 of the 
Regulations of the Office of the Secretary of Transportation, will be 
available within a reasonable period of time before displacement.
    c. The appropriate FAA office has agreed to the issuance of a notice 
to proceed with the work to the contractor.
    7. Supervision and inspection. No work will be commenced until the 
sponsor has provided for adequate supervision and inspection of

[[Page 676]]

construction and advised the appropriate FAA office.
    8. Engineering and planning services. Unless otherwise authorized by 
the Administrator, each proposal for engineering and planning services 
shall be reviewed by FAA before the commencement of the development of 
design plans and specifications.
    9. Advertising general. Unless the Administrator approves another 
method for use on a particular airport development project, each 
contract and supplemental agreement for construction work on a project 
in the amount of more than $10,000 must be awarded on the basis of 
public advertising and open competitive bidding under the local law 
applicable to the letting of public contracts.
    10. Advertising: conditions and contents. There may be no 
advertisement for bids on, or negotiation of, a construction contract or 
supplemental agreement until the Administrator has either approved the 
plans and specifications or accepted a certification in accordance with 
Sec. 152.7 that they meet all applicable standards prescribed by this 
part. The advertisement shall inform the bidders of the equal employment 
opportunity requirements of part 152. Unless the estimated contract 
price or construction cost in $2,000 or less, there may be no 
advertisement for bids or negotiations until the Administrator has given 
the sponsor a copy of a decision of the Secretary of Labor establishing 
the minimum wage rates for skilled and unskilled labor under the 
proposed contract. In each case, a copy of the wage determination 
decision, including fringe benefits, must be set forth in the initial 
invitation for bids or proposed contract, or incorporated therein by 
reference to a copy set forth in the advertised or negotiated 
specifications.
    11. Procedures for obtaining wage determinations. (a) Specific 
request for wage determination. At least 60 days before the intended 
date of advertising or negotiating of this section, the sponsor shall 
send to the appropriate FAA office, completed Department of Labor Form 
DB-11 or DB-11(a), as appropriate, with only the classifications needed 
in the performance of the work checked. General entries (such as 
``entire schedule'' or ``all applicable classifications'') may not be 
used. Additional necessary classifications not on the form may be typed 
in the blank spaces or on an attached separate list. A classification 
that can be fitted into classifications on the form, or a classification 
that is not generally recognized in the area or in the industry, may not 
be used. Except in areas where the wage patterns are clearly 
established, the Form must be accompanied by any available pertinent 
wage payment or locally prevailing fringe benefit information.
    (b) General wage determination. Whenever the wage patterns in a 
particular area for a particular type of construction are well settled 
and whenever it may be reasonably anticipated that there will be a large 
volume of procurement in that area for that type of construction, the 
Secretary of Labor, upon the request of a Federal agency or in his 
discretion, may issue a general wage determination when, after 
consideration of the facts and circumstances involved, he finds that the 
applicable statutory standards and those of part 1, 29 CFR, subtitle A, 
will be met. This general wage determination is used for all projects 
located in the area and for the type of construction covered by the 
general wage determination.
    12. Advertising: wage determinations. (a) Wage determinations are 
effective only for 120 days from the date of the determinations. If it 
appears that a determination may expire between bid opening and award, 
the sponsor shall so advise the FAA as soon as possible. If it wishes a 
new request for wage determination to be made and if any pertinent 
circumstances have changed, it shall submit the appropriate form of the 
Department of Labor and accompanying information. If it claims that the 
determination expires before award and after bid opening due to 
unavoidable circumstances, it shall submit proof of the facts which it 
claims support a finding to that effect.
    (b) The Secretary of Labor may modify any wage determination before 
the award of the contract or contracts for which it was sought. If the 
proposed contract is awarded on the basis of public advertisement and 
open competitive bidding, any modification that the FAA receives less 
than 10 days before the opening of bids is not effective, unless the 
Administrator finds that there is reasonable time to notify bidders. A 
modification may not continue in effect beyond the effective period of 
the wage determination to which it relates. The Administrator sends any 
modification to the sponsor as soon as possible. If the modification is 
effective, it must be incorporated in the invitation for bids, by 
issuing an addendum to the specifications or otherwise.
    13. Awarding contracts. (a) A sponsor may not award a construction 
contract without the written concurrence of the Administrator (through 
the appropriate FAA office) that the contract prices are reasonable. A 
sponsor that awards contracts on the basis of public advertising and 
open competitive bidding, shall, after the bids are opened, send a 
tabulation of the bids and its recommendations for award to the 
appropriate FAA office. The sponsor may not accept a bid by a contractor 
whose name appears on the current list of ineligible contractors 
published by the Comptroller General of the United States under Sec. 
5.6(b) of the regulations of the Secretary of Labor (29 CFR part 5), or 
a bid by any firm, corporation, partnership, or association in which an 
ineligible contractor has a substantial interest.

[[Page 677]]

    (b) A sponsor's proposed contract must have pre-award review and 
approval by the FAA in any of the following circumstances:
    (1) The sponsor's procurement system is not in compliance with one 
or more significant aspects of Attachment O of OMB Circular A-102 or 
with the standards of this appendix.
    (2) The procurement is expected to exceed $10,000 and is to be 
awarded without competition or only one bid or offer is received in 
response to solicitation.
    (3) The procurement is expected to exceed $10,000 and specifies a 
``brand name'' product.
    (c) The FAA may require pre-award review and approval of a sponsor's 
proposed contract under any of the following circumstances:
    (1) The sponsor's procurement system has not yet been reviewed by 
the FAA for compliance with OMB Circular A-102 and this appendix.
    (2) The sponsor has requested pre-award assistance.
    (3) The proposal is for automatic data processing in accordance with 
paragraph C1 of Attachment B to Federal Management Circular 74-4 (39 FR 
27133; 43 FR 50977).
    (4) The proposal is one of a series with the same firm.
    (5) The proposal is to be performed outside the recipient's 
established procurement system or office.
    (6) The proposal is for construction and is to be awarded through 
the negotiation procurement method or without competition.
    14. Force account work. Before undertaking any force account 
construction work, the sponsor (or any public agency acting as agent for 
the sponsor) must obtain the written consent of the Administrator 
through the appropriate FAA office. In requesting that consent, the 
sponsor must submit--
    (a) Adequate plans and specifications showing the nature and extent 
of the construction work to be performed under that force account;
    (b) A schedule of the proposed construction and of the construction 
equipment that will be available for the project;
    (c) Assurance that adequate labor, material, equipment, engineering 
personnel, as well as supervisory and inspection personnel as required 
by this appendix, will be provided; and
    (d) A detailed estimate of the cost of the work, broken down for 
each class of costs involved, such as labor, materials, rental of 
equipment, and other pertinent items of cost.
    15. Each sponsor shall--
    (a) Include the equal opportunity clause required by 41 CFR 60-
1.4(b) in each nonexempt construction contract and subcontract;
    (b) Prior to the award of each nonexempt contract, require each 
prime contractor and subcontractor to submit the certification required 
by 41 CFR 60-1.8(b);
    (c) Include the Notice of Requirement for Affirmative Action to 
Ensure Equal Employment Opportunity (Executive Order 11246) required by 
41 CFR 60-4.2 in all solicitations for offers and bids on each nonexempt 
construction contract and subcontract;
    (d) Include the Standard Federal Equal Employment Opportunity 
Construction Contract Specifications (Executive Order 11246) required by 
41 CFR 60-4.3(a) in each nonexempt construction contract and 
subcontract.
    16. Exceptions. (a) Paragraphs 1 through 5 and paragraphs 9 through 
13 of this section do not apply to contracts with the owners of airport 
hazards, buildings, pipelines, powerlines, or other structures or 
facilities, for installing, extending, changing, removing, or relocating 
any of those structures or facilities. However, the sponsor must obtain 
the approval of the appropriate FAA office before entering into such a 
contract.
    (b) Any oral or written agreement or understanding between a sponsor 
and another public agency that is not a sponsor of the project, under 
which that public agency undertakes construction work for or as agent of 
the sponsor, is not considered to be a construction contract for the 
purposes of this appendix.

[Doc. No. 19430, 45 FR 34796, May 22, 1980]



                 Sec. Appendix D to Part 152--Assurances

    There is set forth below the assurances that the sponsor or planning 
agency must submit with its application in accordance with Sec. Sec. 
152.111 or 152.113, as applicable.

                          I. General Assurance

    Each applicant for an airport development grant or an airport 
planning grant shall submit the following assurance:
    The applicant hereby assures and certifies that it will comply with 
the regulations, policies, guidelines, and requirements, including 
Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 
(42 FR 45828), and FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as 
they relate to the application, acceptance, and use of Federal funds for 
this federally-assisted project.

                         II. Airport Development

    A. Assurances. Each applicant for an airport development grant shall 
submit the following assurances:
    1. Authority of applicant. It possesses legal authority to apply for 
the grant, and to finance and construct the proposed facilities; that a 
resolution, motion or similar action has been duly adopted or passed as 
an official

[[Page 678]]

act of the applicant's governing body, authorizing the filing of the 
application, including all understandings and assurances contained 
therein, and directing and authorizing the person identified as the 
official representative of the applicant to act in connection with the 
application and to provide such additional information as may be 
required.
    2. E.O. 11296 and E.O. 11288. It will comply with the provisions of: 
Executive Order 11296, relating to evaluation of flood hazards, and 
Executive Order 11288, relating to the prevention, control, and 
abatement of water pollution.
    3. Sufficiency of funds. It will have sufficient funds available to 
meet the non-Federal share of the cost for construction projects. 
Sufficient funds will be available when construction is completed to 
assure effective operation and maintenance of the facility for the 
purposes constructed.
    4. Construction. It will obtain approval by the appropriate Federal 
agency of the final working drawings and specifications before the 
project is advertised or placed on the market for bidding; that it will 
construct the project, or cause it to be constructed, to final 
completion in accordance with the application and approved plans and 
specification; that it will submit to the appropriate Federal agency for 
prior approval changes that alter the costs of the project, use of 
space, or functional layout; that it will not enter into a construction 
contract(s) for the project or undertake other activities until the 
conditions of the construction grant program(s) have been met.
    5. Supervision, inspection, and reporting. It will provide and 
maintain competent and adequate architectural engineering supervision 
and inspection at the construction site to insure that the completed 
work conforms with the approved plans and specifications; that it will 
furnish progress reports and such other information as the Federal 
grantor agency may require.
    6. Operation of facility. It will operate and maintain the facility 
in accordance with the minimum standards as may be required or 
prescribed by the applicable Federal, State and local agencies for the 
maintenance and operation of such facilities.
    7. Access to records. It will give the grantor agency and the 
Comptroller General through any authorized representative access to and 
the right to examine all records, books, papers, or documents related to 
the grant.
    8. Access for handicapped. It will require the facility to be 
designed to comply with part 27, Nondiscrimination on the Basis of 
Handicap in Federallly Assisted Programs and Activities Receiving or 
Benefiting from Federal Financial Assistance, of the Regulations of the 
Office of the Secretary of Transportation (49 CFR part 27). The 
applicant will be responsible for conducting inspections to insure 
compliance with these specifications by the contractor.
    9. Commencement and completion. It will cause work on the project to 
be commenced within a reasonable time after receipt of notification from 
the approving Federal agency that funds have been approved and that the 
project will be prosecuted to completion with reasonable diligence.
    10. Disposition of interest. It will not dispose of or encumber its 
title or other interests in the site and facilities during the period of 
Federal interest or while the Government holds bonds, whichever is the 
longer.
    11. Civil Rights. It will comply with Title VI of the Civil Rights 
Act of 1964 (Pub. L. 88-352) and in accordance with Title VI of that 
Act, no person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation in, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program or activity for which the applicant receives Federal financial 
assistance and will immediately take any measures necessary to 
effectuate this agreement. If any real property or structure thereon is 
provided or improved with the aid of Federal financial assistance 
extended to the Applicant, this assurance shall obligate the Applicant, 
or in the case of any transfer of such property, any transferee, for the 
period during which the real property or structure is used for a purpose 
for which the Federal financial assistance is extended or for another 
purpose involving the provision of similar services or benefits.
    12. Private gain. It will establish safeguards to prohibit employees 
from using their positions for a purpose that is or gives the appearance 
of being motivated by a desire for private gain for themselves or 
others, particularly those with whom they have family, business, or 
other ties.
    13. Relocation assistance. It will comply with the requirements of 
Title II and Title III of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (Pub. L. 91-646) which 
provides for fair and equitable treatment of persons displaced as a 
result of Federal and federally assisted programs.
    14. OMB Circular A-102. It will comply with all requirements imposed 
by the Federal grantor agency concerning special requirements of law, 
program requirements, and other administrative requirements approved in 
accordance with Office of Management and Budget Circular No. A-102.
    15. Hatch Act. It will comply with the provisions of the Hatch Act 
which limit the political activity of employees.
    16. Federal Fair Labor Standards Act. It will comply with the 
minimum wage and maximum hours provisions of the Federal Fair Labor 
Standards Act, as they apply to hospital and eduational institution 
employees of State and local governments.

[[Page 679]]

    17. Effective date and duration. These covenants shall become 
effective upon acceptance by the sponsor of an offer of Federal aid for 
the Project or any portion thereof, made by the FAA and shall constitute 
a part of the Grant Agreement thus formed. These covenants shall remain 
in full force and effect throughout the useful life of the facilities 
developed under this Project, but in any event not to exceed twenty (20) 
years from the date of said acceptance of an offer of Federal aid for 
the Project. However, these limitations on the duration of the covenants 
do not apply to the covenant against exclusive rights and real property 
acquired with Federal funds. Any breach of these covenants on the part 
of the sponsor may result in the suspension or termination of, or 
refusal to grant Federal assistance under, FAA administered programs, or 
such other action which may be necessary to enforce the rights of the 
United States under this agreement.
    18. Conditions and limitations on airport use. The Sponsor will 
operate the Airport as such for the use and benefit of the public. In 
furtherance of this covenant (but without limiting its general 
applicability and effect), the Sponsor specifically agrees that it will 
keep the Airport open to all types, kinds, and classes of aeronautical 
use on fair and reasonable terms without discrimination between such 
types, kinds, and classes. Provided, that the sponsor may establish such 
fair, equal, and not unjustly discriminatory conditions to be met by all 
users of the airport as may be necessary for the safe and efficient 
operation of the Airport; and Provided further, That the Sponsor may 
prohibit or limit any given type, kind, or class of aeronautical use of 
the Airport if such action is necessary for the safe operation of the 
Airport or necessary to serve the civil aviation needs of the public.
    19. Exclusive right. The Sponsor--
    a. Will not grant or permit any exclusive right forbidden by Section 
308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the 
Airport, or at any other airport now owned or controlled by it;
    b. Agrees that, in furtherance of the policy of the FAA under this 
covenant, unless authorized by the Administrator, it will not, either 
directly or indirectly, grant or permit any person, firm or corporation 
the exclusive right at the Airport, or at any other airport now owned or 
controlled by it, to conduct any aeronautical activities, including, but 
not limited to charter flights, pilot training, aircraft rental and 
sightseeing, aerial photography, crop dusting, aerial advertising and 
surveying, air carrier operations, aircraft sales and services, sale of 
aviation petroleum products whether or not conducted in conjunction with 
other aeronautical activity, repair and maintenance of aircraft, sale of 
aircraft parts, and any other activities which because of their direct 
relationship to the operation of aircraft can be regarded as an 
aeronautical activity.
    c. Agrees that it will terminate any existing exclusive right to 
engage in the sale of gasoline or oil, or both, granted before July 17, 
1962, at such an airport, at the earliest renewal, cancellation, or 
expiration date applicable to the agreement that established the 
exclusive right; and
    d. Agrees that it will terminate any other exclusive right to 
conduct an aeronautical activity now existing at such an airport before 
the grant of any assistance under the Airport and Airway Development 
Act.
    20. Public use and benefit. The Sponsor agrees that it will operate 
the Airport for the use and benefit of the public, on fair and 
reasonable terms, and without unjust discrimination. In furtherance of 
the covenant (but without limiting its general applicability and 
effect), the Sponsor specifically covenants and agrees:
    a. That in its operation and the operation of all facilities on the 
Airport, neither it nor any person or organization occupying space or 
facilities thereon will discriminate against any person or class of 
persons by reason of race, color, creed, or national origin in the use 
of any of the facilities provided for the public on the Airport.
    b. That in any agreement, contract, lease or other arrangement under 
which a right or privilege at the Airport is granted to any person, 
firm, or corporation to conduct or engage in any aeronautical activity 
for furnishing services to the public at the Airport, the Sponsor will 
insert and enforce provisions requiring the contractor--
    (1) To furnish said service on a fair, equal, and not unjustly 
discriminatory basis to all users thereof, and
    (2) To charge fair, reasonable, and not unjustly discriminatory 
prices for each unit or service; Provided, That the contractor may be 
allowed to make reasonable and nondiscriminatory discounts, rebates, or 
other similar types of price reductions to volume purchasers.
    c. That it will not exercise or grant any right or privilege which 
would operate to prevent any person, firm or corporation operating 
aircraft on the Airport from performing any services on its own aircraft 
with its own employees (including, but not limited to maintenance and 
repair) that it may choose to perform.
    d. In the event the Sponsor itself exercises any of the rights and 
privileges referred to in subsection b, the services involved will be 
provided on the same conditions as would apply to the furnishing of such 
services by contractors or concessionaires of the Sponsor under the 
provisions of such subsection b.
    21. Nonaviation activities. Nothing contained herein shall be 
construed to prohibit the granting or exercise of an exclusive right for

[[Page 680]]

the furnishing of nonaviation products and supplies or any service of a 
nonaeronautical nature or to obligate the Sponsor to furnish any 
particular nonaeronautical service at the Airport.
    22. Operation and maintenance of the airport. The Sponsor will 
operate and maintain in a safe and serviceable condition the Airport and 
all facilities thereon and connected therewith which are necessary to 
serve the aeronautical users of the Airport other than facilities owned 
or controlled by the United States, and will not permit any activity 
thereon which would interfere with its use for airport purposes; 
Provided, That nothing contained herein shall be construed to require 
that the Airport be operated for aeronautical uses during temporary 
periods when snow, flood, or other climatic conditions interfere with 
such operation and maintenance; and Provided further, That nothing 
herein shall be construed as requiring the maintenance, repair, 
restoration or replacement of any structure or facility which is 
substantially damaged or destroyed due to an act of God or other 
condition or circumstance beyond the control of the Sponsor. In 
furtherance of this covenant the sponsor will have in effect at all 
times arrangements for--
    a. Operating the airport's aeronautical facilities whenever 
required;
    b. Promptly marking and lighting hazards resulting from airport 
conditions, including temporary conditions; and
    c. Promptly notifying airmen of any condition affecting aeronautical 
use of the Airport.
    23. Airport Hazards. Insofar as it is within its power and 
reasonable, the Sponsor will, either by the acquisition and retention of 
easements or other interests in or rights for the use of land or 
airspace or by the adoption and enforcement of zoning regulations, 
prevent the construction, erection, alteration, or growth of any 
structure, tree, or other object in the approach areas of the runways of 
the Airport, which would constitute an airport hazard.
    In addition, the Sponsor will not erect or permit the erection of 
any permanent structure or facility which would interfere materially 
with the use, operation, or future development of the Airport, in any 
portion of a runway approach area in which the Sponsor has acquired, or 
hereafter acquires, property interests permitting it to so control the 
use made of the surface of the land.
    24. Use of adjacent land. Insofar as it is within its power and 
reasonable, the Sponsor will, either by the acquisition and retention of 
easements or other interests in or rights for the use of land or 
airspace or by the adoption and enforcement of zoning regulations, take 
action to restrict the use of land adjacent to or in the immediate 
vicinity of the Airport to activities and purposes compatible with 
normal airport operations including landing and takeoff of aircraft.
    25. Airport layout plan. The Sponsor will keep up to date at all 
times an airport layout plan of the Airport showing (1) boundaries of 
the Airport and all proposed additions thereto, together with the 
boundaries of all offsite areas owned or controlled by the Sponsor for 
airport purposes, and proposed additions thereto; (2) the location and 
nature of all existing and proposed airport facilities and structures 
(such as runways, taxiways, aprons, terminal buildings, hangars and 
roads), including all proposed extensions and reductions of existing 
airport facilities; and (3) the location of all existing and proposed 
nonaviation areas and of all existing improvements thereon. Such airport 
layout plan and each amendment, revision, or modification thereof, shall 
be subject to the approval of the FAA, which approval shall be evidenced 
by the signature of a duly authorized representative of the FAA on the 
face of the airport layout plan. The Sponsor will not make or permit any 
changes or alterations in the airport or in any of its facilities other 
than in conformity with the airport layout plan as so approved by the 
FAA, if such changes or alterations might adversely affect the safety, 
utility, or efficiency of the Airport.
    26. Federal use of facilities. All facilities of the Airport 
developed with Federal aid and all those usable for the landing and 
taking off of aircraft, will be available to the United States at all 
times, without charge, for use by government aircraft in common with 
other aircraft, except that if the use by government aircraft is 
substantial, a reasonable share, proportional to such use, of the cost 
of operating and maintaining facilities so used, may be charged. Unless 
otherwise determined by the FAA, or otherwise agreed to by the Sponsor 
and the using agency, substantial use of an airport by government 
aircraft will be considered to exist when operations of such aircraft 
are in excess of those which, in the opinion of the FAA, would unduly 
interfere with use of the landing area by other authorized aircraft, or 
during any calendar month that--
    a. Five (5) or more government aircraft are regularly based at the 
airport or on land adjacent thereto; or
    b. The total number of movements (counting each landing as a 
movement and each takeoff as a movement) of government aircraft is 300 
or more, or the gross accumulative weight of government aircraft using 
the Airport (the total movements of government aircraft multiplied by 
gross certified weights of such aircraft) is in excess of five million 
pounds.
    27. Areas for FAA Use. Whenever so requested by the FAA, the Sponsor 
will furnish without cost to the Federal Government, for construction, 
operation, and maintenance of

[[Page 681]]

facilities for air traffic control activities, or weather reporting 
activities and communication activities related to air traffic control, 
such areas of land or water, or estate therein, or rights in buildings 
of the Sponsor as the FAA may consider necessary or desirable for 
construction at Federal expense of space or facilities for such 
purposes. The approximate amounts of areas and the nature of the 
property interests and/or rights so required will be set forth in the 
Grant Agreement relating to the project. Such areas or any portion 
thereof will be made available as provided herein within 4 months after 
receipt of written requests from the FAA.
    28. Fee and rental structure. The airport operator or owner will 
maintain a fee and rental structure for the facilities and services 
being provided the airport users which will make the Airport as self-
sustaining as possible under the circumstances existing at the Airport, 
taking into account such factors as the volume of traffic and economy of 
collection.
    29. Reports to FAA. The Sponsor will furnish the FAA with such 
annual or special airport financial and operational reports as may be 
reasonably requested. Such reports may be submitted on forms furnished 
by the FAA, or may be submitted in such manner as the Sponsor elects so 
long as the essential data are furnished. The Airport and all airport 
records and documents affecting the Airport, including deeds, leases, 
operation and use agreements, regulations, and other instruments, will 
be made available of inspection and audit by the Secretary and the 
Comptroller General of the United States, or their duly authorized 
representatives, upon reasonable request. The Sponsor will furnish to 
the FAA or to the General Accounting Office, upon request, a true copy 
of any such document.
    30. System of accounting. All project accounts and records will be 
kept in accordance with a standard system of accounting if so prescribed 
by the Secretary.
    31. Interfering right. If at any time it is determined by the FAA 
that there is any outstanding right or claim of right in or to the 
Airport property, other than those set forth in Part II of the 
Application for Federal Assistance, the existence of which creates an 
undue risk of interference with the operation of the Airport or the 
performance of the covenants of this part, the sponsor will acquire, 
extinguish, or modify such right or claim of right in a manner 
acceptable to the FAA.
    32. Performance obligation. The Sponsor will not enter into any 
transaction which would operate to deprive it of any of the rights and 
powers necessary to perform any or all of the covenants made herein, 
unless by such transaction the obligation to perform all such covenants 
is assumed by another public agency found by the FAA to be eligible 
under the Act and Regulations to assume such obligations and having the 
power, authority, and financial resources to carry out all such 
obligations. If an arrangement is made for management or operation of 
the Airport by any agency or person other than the Sponsor or an 
employee of the Sponsor, the Sponsor will reserve sufficient rights and 
authority to insure that the Airport will be operated and maintained in 
accordance with the Act, the Regulations, and these covenants.
    33. Meaning of terms. Unless the context otherwise requires, all 
terms used in these covenants which are defined in the Act and the 
Regulations shall have the meanings assigned to them therein.
    B. Airport Layout Plan Approval. A sponsor seeking FAA approval of a 
new or revised airport layout plan shall submit with the plan an 
environmental assessment prepared in conformance with Appendix 6 of FAA 
Order 1050.1C, ``Policies and Procedures for Considering Environmental 
Impacts'' (45 FR 2244; January 10, 1980) and FAA Order 5050.4 ``Airport 
Environmental Handbook'' (45 FR 56622; August 25, 1980), if an 
assessment is required by Order 5050.4.

                          III. Airport Planning

    Each applicant for an airport planning grant shall submit the 
assurances numbered 1 (except for the phrase ``and to finance and 
construct the proposed facilities''), 7, 9, 11 (except for the last 
sentence), and 12, 14, 15, 30, and 33 of Part II of this appendix.

(Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 
et seq.); sec. 1.47(f)(1) Regulations of the Office of the Secretary of 
Transportation (49 CFR 1.47(f) (1)))

[Doc. No. 19430, 45 FR 34797, May 22, 1980, as amended by Amdt. 152-11, 
45 FR 56622, Aug. 25, 1980]



PART 153_AIRPORT OPERATIONS--Table of Contents




               Subpart A_Aviation Safety Inspector Access

Sec.
153.1 Applicability.
153.3 Definitions.
153.5 Aviation safety inspector airport access.

Subpart B [Reserved]

    Authority: 49 U.S.C. 106(g), 40113, and 44701.

    Source: Doc. No. FAA-2007-29237, 73 FR 47827, Aug. 15, 2008, unless 
otherwise noted.

[[Page 682]]



               Subpart A_Aviation Safety Inspector Access



Sec. 153.1  Applicability.

    This subpart prescribes requirements governing Aviation Safety 
Inspector access to public-use airports and facilities to perform 
official duties.



Sec. 153.3  Definitions.

    The following definitions apply in this subpart:
    Air Operations Area (AOA) means a portion of an airport, specified 
in the airport security program, in which security measures specified in 
Title 49 of the Code of Federal Regulations are carried out. This area 
includes aircraft movement areas, aircraft parking areas, loading ramps, 
and safety areas, for use by aircraft regulated under 49 CFR parts 1542, 
1544, and 1546, and any adjacent areas (such as general aviation areas) 
that are not separated by adequate security systems, measures, or 
procedures. This area does not include the secured area.
    Airport means any public-use airport, including heliports, as 
defined in 49 U.S.C. 47102, including:
    (1) A public airport; or
    (2) A privately-owned airport used or intended to be used for public 
purposes that is--
    (i) A reliever airport; or
    (ii) Determined by the Secretary to have at least 2,500 passenger 
boardings each year and to receive scheduled passenger aircraft service.
    Aviation Safety Inspector means a properly credentialed individual 
who bears FAA Form 110A and is authorized under the provisions of 49 
U.S.C. 40113 to perform inspections and investigations.
    FAA Form 110A means the credentials issued to qualified Aviation 
Safety Inspectors by the FAA for use in the performance of official 
duties.
    Secured area means a portion of an airport, specified in the airport 
security program, in which certain security measures specified in Title 
49 of the Code of Federal Regulations are carried out. This area is 
where aircraft operators and foreign air carriers that have a security 
program under 49 CFR part 1544 or part 1546 enplane and deplane 
passengers and sort and load baggage and any adjacent areas that are not 
separated by adequate security systems, measures, or procedures.
    Security Identification Display Area (SIDA) means a portion of an 
airport, specified in the airport security program, in which security 
measures specified in Title 49 of the Code of Federal Regulations are 
carried out. This area includes the secured area and may include other 
areas of the airport.



Sec. 153.5  Aviation safety inspector airport access.

    Airports, aircraft operators, aircraft owners, airport tenants, and 
air agencies must grant Aviation Safety Inspectors bearing FAA Form 110A 
free and uninterrupted access to public-use airports and facilities, 
including AOAs, SIDAs, and other secured and restricted areas. Aviation 
Safety Inspectors displaying FAA Form 110A do not require access media 
or identification media issued or approved by an airport operator or 
aircraft operator in order to inspect or test compliance, or perform 
other such duties as the FAA may direct.

Subpart B [Reserved]



PART 155_RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL 

RESTRICTIONS--Table of Contents




Sec.
155.1 Applicability.
155.3 Applicable law.
155.5 Property and releases covered by this part.
155.7 General policies.
155.9 Release from war or national emergency restrictions.
155.11 Form and content of requests for release.
155.13 Determinations by FAA.

    Authority: 49 U.S.C. 106(g), 40113, 47151-47153.

    Source: Docket No. 1329, 27 FR 12361, Dec. 13, 1962, unless 
otherwise noted.



Sec. 155.1  Applicability.

    This part applies to releases from terms, conditions, reservations, 
or restrictions in any deed, surrender of leasehold, or other instrument 
of transfer or conveyance (in this part called ``instrument of 
disposal'') by

[[Page 683]]

which some right, title, or interest of the United States in real or 
personal property was conveyed to a non-Federal public agency under 
section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61 Stat. 
678) to be used by that agency in developing, improving, operating, or 
maintaining a public airport or to provide a source of revenue from non-
aviation business at a public airport.



Sec. 155.3  Applicable law.

    (a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) 
authorizes the Administrator to grant the releases described in Sec. 
155.1, if he determines that--
    (1) The property to which the release relates no longer serves the 
purpose for which it was made subject to the terms, conditions, 
reservations, or restrictions concerned; or
    (2) The release will not prevent accomplishing the purpose for which 
the property was made subject to the terms, conditions, reservations, or 
restrictions, and is necessary to protect or advance the interests of 
the United States in civil aviation.

In addition, section 4 of that Act authorizes the Administrator to grant 
the releases subject to terms and conditions that he considers necessary 
to protect or advance the interests of the United States in civil 
aviation.
    (b) Section 2 of the Act of October 1, 1949 (63 Stat. 700) provides 
that the restrictions against using structures for industrial purposes 
in any instrument of disposal issued under section 13(g)(2)(A) of the 
Surplus Property Act of 1944, as amended (61 Stat. 678) are considered 
to be extinguished. In addition, section 2 authorizes the Administrator 
to issue any instruments of release or conveyance necessary to remove, 
of record, such a restriction, without monetary consideration to the 
United States.
    (c) Section 68 of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2098) releases, remises, and quitclaims, to persons entitled 
thereto, all reserved rights of the United States in radioactive 
minerals in instruments of disposal of public or acquired lands. In 
addition, section 3 of the Act of October 1, 1949 (50 U.S.C. App. 1622b) 
authorizes the Administrator to issue instruments that he considers 
necessary to correct any instrument of disposal by which surplus 
property was transferred to a non-Federal public agency for airport 
purposes or to conform the transfer to the requirements of applicable 
law. Based on the laws cited in this paragraph, the Administrator issues 
appropriate instruments of correction upon the written request of 
persons entitled to ownership, occupancy, or use of the lands concerned.



Sec. 155.5  Property and releases covered by this part.

    This part applies to--
    (a) Any real or personal property that is subject to the terms, 
conditions, reservations, or restrictions in an instrument of disposal 
described in Sec. 155.1; and
    (b) Any release from a term, condition, reservation, or restriction 
in such an instrument, including a release of--
    (1) Personal property, equipment, or structures from any term, 
condition, reservation, or restriction so far as necessary to allow it 
to be disposed of for salvage purposes;
    (2) Land, personal property, equipment or structures from any term, 
condition, reservation, or restriction requiring that it be used for 
airport purposes to allow its use, lease, or sale for nonairport use in 
place;
    (3) Land, personal property, equipment, or structures from any term, 
condition, reservation, or restriction requiring its maintenance for 
airport use;
    (4) Land, personal property, equipment, or structures from all 
terms, conditions, restrictions, or reservations to allow its use, 
lease, sale, or other disposal for nonairport purposes; and
    (5) Land, personal property, equipment, or structures from the 
reservation of right of use by the United States in time of war or 
national emergency, to facilitate financing the operation and 
maintenance or further development of a public airport.



Sec. 155.7  General policies.

    (a) Upon a request under Sec. 155.11, the Administrator issues any 
instrument that is necessary to remove, of record,

[[Page 684]]

any restriction against the use of property for industrial purposes that 
is in an instrument of disposal covered by this part.
    (b) The Administrator does not issue a release under this part if it 
would allow the sale of the property concerned to a third party, unless 
the public agency concerned has obligated itself to use the proceeds 
from the sale exclusively for developing, improving, operating, or 
maintaining a public airport.
    (c) Except for a release from a restriction against using property 
for industrial purposes, the Administrator does not issue a release 
under this part unless it is justified under Sec. 155.3(a) (1) or (2).
    (d) The Administrator may issue a release from the terms, 
conditions, reservations, or restrictions of an instrument of disposal 
subject to any other terms or conditions that he considers necessary to 
protect or advance the interests of the United States in civil aviation. 
Such a term or condition, including one regarding the use of proceeds 
from the sale of property, is imposed as a personal covenant or 
obligation of the public agency concerned rather than as a term or 
condition to the release or as a covenant running with the land, unless 
the Administrator determines that the purpose of the term or condition 
would be better achieved as a condition or covenant running with the 
land.
    (e) A letter or other document issued by the Administrator that 
merely grants consent to or approval of a lease, or to the use of the 
property for other than the airport use contemplated by the instrument 
of disposal, does not otherwise release the property from the terms, 
conditions, reservations, or restrictions of the instrument of disposal.



Sec. 155.9  Release from war or national emergency restrictions.

    (a) The primary purpose of each transfer of surplus airport property 
under section 13 of the Surplus Property Act of 1944 was to make the 
property available for public or civil airport needs. However, it was 
also intended to ensure the availability of the property transferred, 
and of the entire airport, for use by the United States during a war or 
national emergency, if needed. As evidence of this purpose, most 
instruments of disposal of surplus airport property reserved or granted 
to the United States a right of exclusive possession and control of the 
airport during a war or emergency, substantially the same as one of the 
following:
    (1) That during the existence of any emergency declared by the 
President or the Congress, the Government shall have the right without 
charge except as indicated below to the full, unrestricted possession, 
control, and use of the landing area, building areas, and airport 
facilities or any part thereof, including any additions or improvements 
thereto made subsequent to the declaration of the airport property as 
surplus: Provided, however, That the Government shall be responsible 
during the period of such use for the entire cost of maintaining all 
such areas, facilities, and improvements, or the portions used, and 
shall pay a fair rental for the use of any installations or structures 
which have been added thereto without Federal aid.
    (2) During any national emergency declared by the President or by 
Congress, the United States shall have the right to make exclusive or 
nonexclusive use and have exclusive or nonexclusive control and 
possession, without charge, of the airport at which the surplus property 
is located or used or of such portion thereof as it may desire: 
Provided, however, That the United States shall be responsible for the 
entire cost of maintaining such part of the airport as it may use 
exclusively, or over which it may have exclusive possession and control, 
during the period of such use, possession, or control and shall be 
obligated to contribute a reasonable share, commensurate with the use 
made by it, of the cost of maintenance of such property as it may use 
nonexclusively or over which it may have nonexclusive control and 
possession: Provided further, That the United States shall pay a fair 
rental for its use, control, or possession, exclusively or 
nonexclusively, of any improvements to the airport made without U.S. 
aid.
    (b) A release from the terms, conditions, reservations, or 
restrictions of

[[Page 685]]

an instrument of disposal that might prejudice the needs or interests of 
the armed forces, is granted only after consultation with the Department 
of Defense.



Sec. 155.11  Form and content of requests for release.

    (a) A request for the release of surplus airport property from a 
term, condition, reservation, or restriction in an instrument of 
disposal need not be in any special form, but must be in writing and 
signed by an authorized official of the public agency that owns the 
airport.
    (b) A request for a release under this part must be submitted in 
triplicate to the District Airport Engineer in whose district the 
airport is located.
    (c) Each request for a release must include the following 
information, if applicable and available:
    (1) Identification of the instruments of disposal to which the 
property concerned is subject.
    (2) A description of the property concerned.
    (3) The condition of the property concerned.
    (4) The purpose for which the property was transferred, such as for 
use as a part of, or in connection with, operating the airport or for 
producing revenues from nonaviation business.
    (5) The kind of release requested.
    (6) The purpose of the release.
    (7) A statement of the circumstances justifying the release on the 
basis set forth in Sec. 155.3(a) (1) or (2) with supporting documents.
    (8) Maps, photographs, plans, or similar material of the airport and 
the property concerned that are appropriate to determining whether the 
release is justified under Sec. 155.9.
    (9) The proposed use or disposition of the property, including the 
terms and conditions of any proposed sale or lease and the status of 
negotiations therefor.
    (10) If the release would allow sale of any part of the property, a 
certified copy of a resolution or ordinance of the governing body of the 
public agency that owns the airport obligating itself to use the 
proceeds of the sale exclusively for developing, improving, operating, 
or maintaining a public airport.
    (11) A suggested letter or other instrument of release that would 
meet the requirements of State and local law for the release requested.
    (12) The sponsor's environmental assessment prepared in conformance 
with Appendix 6 of FAA Order 1050.1C, ``Policies and Procedures for 
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and FAA 
Order 5050.4, ``Airport Environmental Handbook'' (45 FR 56624; Aug. 25, 
1980), if an assessment is required by Order 5050.4. Copies of these 
orders may be examined in the Rules Docket, Office of the Chief Counsel, 
FAA, Washington, D.C., and may be obtained on request at any FAA 
regional office headquarters or any airports district office.

[Doc. No. 1329, 27 FR 12361, Dec. 13, 1962, as amended by Amdt. 155-1, 
45 FR 56622, Aug. 25, 1980]



Sec. 155.13  Determinations by FAA.

    (a) An FAA office that receives a request for a release under this 
part, and supporting documents therefore, examines it to determine 
whether the request meets the requirements of the Act of October 1, 1949 
(63 Stat. 700) so far as it concerns the interests of the United States 
in civil aviation and whether it might prejudice the needs and interests 
of the armed forces. Upon a determination that the release might 
prejudice those needs and interests, the Department of Defense is 
consulted as provided in Sec. 155.9(b).
    (b) Upon completing the review, and receiving the advice of the 
Department of Defense if the case was referred to it, the FAA advises 
the airport owner as to whether the release or a modification of it, may 
be granted. If the release, or a modification of it acceptable to the 
owner, is granted, the FAA prepares the necessary instruments and 
delivers them to the airport owner.



PART 156_STATE BLOCK GRANT PILOT PROGRAM--Table of Contents




Sec.
156.1 Applicability.
156.2 Letters of interest.
156.3 Application and grant process.
156.4 Airport and project eligibility.
156.5 Project cost allowability.
156.6 State program responsibilities.

[[Page 686]]

156.7 Enforcement of State block grant agreements and other related 
          grant assurances.

    Authority: 49 U.S.C. 106(g), 47101, 47128; 49 CFR 1.47(f), (k).

    Source: Docket No. 35723, 53 FR 41303, Oct. 20, 1988, unless 
otherwise noted.



Sec. 156.1  Applicability.

    (a) This part applies to grant applicants for the State block grant 
pilot program and to those States receiving block grants available under 
the Airport and Airway Improvement Act of 1982, as amended.
    (b) This part sets forth--
    (1) The procedures by which a State may apply to participate in the 
State block grant pilot program;
    (2) The program administration requirements for a participating 
State;
    (3) The program responsibilities for a participating State; and
    (4) The enforcement responsibilities of a participating State.



Sec. 156.2  Letters of interest.

    (a) Any state that desires to participate in the State block grant 
pilot program shall submit a letter of interest, by November 30, 1988, 
to the Associate Administrator for Airports, Federal Aviation 
Administration, 800 Independence Avenue SW., Room 1000E, Washington, DC 
20591.
    (b) A State's letter of interest shall contain the name, title, 
address, and telephone number of the individual who will serve as the 
liaison with the Administrator regarding the State block grant pilot 
program.
    (c) The FAA will provide an application form and program guidance 
material to each State that submits a letter of interest to the 
Associate Administrator for Airports.



Sec. 156.3  Application and grant process.

    (a) A State desiring to participate shall submit a completed 
application to the Associate Administrator for Airports.
    (b) After review of the applications submitted by the States, the 
Administrator shall select three States for participation in the State 
block grant pilot program.
    (c) The Administrator shall issue a written grant offer that sets 
forth the terms and conditions of the State block grant agreement to 
each selected State.
    (d) A State's participation in the State block grant pilot program 
begins when a State accepts the Administrator's written grant offer in 
writing and within any time limit specified by the Administrator. The 
State shall certify, in its written acceptance, that the acceptance 
complies with all applicable Federal and State law, that the acceptance 
constitutes a legal and binding obligation of the State, and that the 
State has the authority to carry out all the terms and conditions of the 
written grant offer.



Sec. 156.4  Airport and project eligibility.

    (a) A participating State shall use monies distributed pursuant to a 
State block grant agreement for airport development and airport 
planning, for airport noise compatibility planning, or to carry out 
airport noise compatibility programs, in accordance with the Airport and 
Airway Improvement Act of 1982, as amended.
    (b) A participating State shall administer the airport development 
and airport planning projects for airports within the State.
    (c) A participating State shall not use any monies distributed 
pursuant to a State block grant agreement for integrated airport system 
planning, projects related to any primary airport, or any airports--
    (1) Outside the State's boundaries; or
    (2) Inside the State's boundaries that are not included in the 
National Plan of Integrated Airport Systems.



Sec. 156.5  Project cost allowability.

    (a) A participating State shall not use State block grant funds for 
reimbursement of project costs that would not be eligible for 
reimbursement under a project grant administered by the FAA.
    (b) A participating State shall not use State block grant funds for 
reimbursement or funding of administrative costs incurred by the State 
pursuant to the State block grant program.

[[Page 687]]



Sec. 156.6  State program responsibilities.

    (a) A participating State shall comply with the terms of the State 
block grant agreement.
    (b) A participating State shall ensure that each person or entity, 
to which the State distributes funds received pursuant to the State 
block grant pilot program, complies with any terms that the State block 
grant agreement requires to be imposed on a recipient for airport 
projects funded pursuant to the State block grant pilot program.
    (c) Unless otherwise agreed by a participating State and the 
Administrator in writing, a participating State shall not delegate or 
relinquish, either expressly or by implication, any State authority, 
rights, or power that would interfere with the State's ability to comply 
with the terms of a State block grant agreement.



Sec. 156.7  Enforcement of State block grant agreements and other related 

grant assurances.

    The Administrator may take any action, pursuant to the authority of 
the Airport and Airway Improvement Act of 1982, as amended, to enforce 
the terms of a State block grant agreement including any terms imposed 
upon subsequent recipients of State block agreement funds.



PART 157_NOTICE OF CONSTRUCTION, ALTERATION, ACTIVATION, AND DEACTIVATION OF 

AIRPORTS--Table of Contents




Sec.
157.1 Applicability.
157.2 Definition of terms.
157.3 Projects requiring notice.
157.5 Notice of intent.
157.7 FAA determinations.
157.9 Notice of completion.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 44502.

    Source: Docket No. 25708, 56 FR 33996, July 24, 1991, unless 
otherwise noted.



Sec. 157.1  Applicability.

    This part applies to persons proposing to construct, alter, 
activate, or deactivate a civil or joint-use (civil/military) airport or 
to alter the status or use of such an airport. Requirements for persons 
to notify the Administrator concerning certain airport activities are 
prescribed in this part. This part does not apply to projects involving:
    (a) An airport subject to conditions of a Federal agreement that 
requires an approved current airport layout plan to be on file with the 
Federal Aviation Administration; or
    (b) An airport at which flight operations will be conducted under 
visual flight rules (VFR) and which is used or intended to be used for a 
period of less than 30 consecutive days with no more than 10 operations 
per day.
    (c) The intermittent use of a site that is not an established 
airport, which is used or intended to be used for less than one year and 
at which flight operations will be conducted only under VFR. For the 
purposes of this part, intermittent use of a site means:
    (1) The site is used or is intended to be used for no more than 3 
days in any one week; and
    (2) No more than 10 operations will be conducted in any one day at 
that site.



Sec. 157.2  Definition of terms.

    For the purpose of this part:
    Airport means any airport, heliport, helistop, vertiport, 
gliderport, seaplane base, ultralight flightpark, manned balloon 
launching facility, or other aircraft landing or takeoff area.
    Heliport means any landing or takeoff area intended for use by 
helicopters or other rotary wing type aircraft capable of vertical 
takeoff and landing profiles.
    Private use means available for use by the owner only or by the 
owner and other persons authorized by the owner.
    Private use of public lands means that the landing and takeoff area 
of the proposed airport is publicly owned and the proponent is a non-
government entity, regardless of whether that landing and takeoff area 
is on land or on water and whether the controlling entity be local, 
State, or Federal Government.
    Public use means available for use by the general public without a 
requirement for prior approval of the owner or operator.
    Traffic pattern means the traffic flow that is prescribed for 
aircraft landing or taking off from an airport, including

[[Page 688]]

departure and arrival procedures utilized within a 5-mile radius of the 
airport for ingress, egress, and noise abatement.



Sec. 157.3  Projects requiring notice.

    Each person who intends to do any of the following shall notify the 
Administrator in the manner prescribed in Sec. 157.5:
    (a) Construct or otherwise establish a new airport or activate an 
airport.
    (b) Construct, realign, alter, or activate any runway or other 
aircraft landing or takeoff area of an airport.
    (c) Deactivate, discontinue using, or abandon an airport or any 
landing or takeoff area of an airport for a period of one year or more.
    (d) Construct, realign, alter, activate, deactivate, abandon, or 
discontinue using a taxiway associated with a landing or takeoff area on 
a public-use airport.
    (e) Change the status of an airport from private use to public use 
or from public use to another status.
    (f) Change any traffic pattern or traffic pattern altitude or 
direction.
    (g) Change status from IFR to VFR or VFR to IFR.



Sec. 157.5  Notice of intent.

    (a) Notice shall be submitted on FAA Form 7480-1, copies of which 
may be obtained from an FAA Airport District/Field Office or Regional 
Office, to one of those offices and shall be submitted at least--
    (1) In the cases prescribed in paragraphs (a) through (d) of Sec. 
157.3, 90 days in advance of the day that work is to begin; or
    (2) In the cases prescribed in paragraphs (e) through (g) of Sec. 
157.3, 90 days in advance of the planned implementation date.
    (b) Notwithstanding paragraph (a) of this section--
    (1) In an emergency involving essential public service, public 
health, or public safety or when the delay arising from the 90-day 
advance notice requirement would result in an unreasonable hardship, a 
proponent may provide notice to the appropriate FAA Airport District/
Field Office or Regional Office by telephone or other expeditious means 
as soon as practicable in lieu of submitting FAA Form 7480-1. However, 
the proponent shall provide full notice, through the submission of FAA 
Form 7480-1, when otherwise requested or required by the FAA.
    (2) notice concerning the deactivation, discontinued use, or 
abandonment of an airport, an airport landing or takeoff area, or 
associated taxiway may be submitted by letter. Prior notice is not 
required; except that a 30-day prior notice is required when an 
established instrument approach procedure is involved or when the 
affected property is subject to any agreement with the United States 
requiring that it be maintained and operated as a public-use airport.



Sec. 157.7  FAA determinations.

    (a) The FAA will conduct an aeronautical study of an airport 
proposal and, after consultations with interested persons, as 
appropriate, issue a determination to the proponent and advise those 
concerned of the FAA determination. The FAA will consider matters such 
as the effects the proposed action would have on existing or 
contemplated traffic patterns of neighboring airports; the effects the 
proposed action would have on the existing airspace structure and 
projected programs of the FAA; and the effects that existing or proposed 
manmade objects (on file with the FAA) and natural objects within the 
affected area would have on the airport proposal. While determinations 
consider the effects of the proposed action on the safe and efficient 
use of airspace by aircraft and the safety of persons and property on 
the ground, the determinations are only advisory. Except for an 
objectionable determination, each determination will contain a 
determination-void date to facilitate efficient planning of the use of 
the navigable airspace. A determination does not relieve the proponent 
of responsibility for compliance with any local law, ordinance or 
regulation, or state or other Federal regulation. Aeronautical studies 
and determinations will not consider environmental or land use 
compatibility impacts.
    (b) An airport determination issued under this part will be one of 
the following:

[[Page 689]]

    (1) No objection.
    (2) Conditional. A conditional determination will identify the 
objectionable aspects of a project or action and specify the conditions 
which must be met and sustained to preclude an objectionable 
determination.
    (3) Objectionable. An objectionable determination will specify the 
FAA's reasons for issuing such a determination.
    (c) Determination void date. All work or action for which notice is 
required by this sub-part must be completed by the determination void 
date. Unless otherwise extended, revised, or terminated, an FAA 
determination becomes invalid on the day specified as the determination 
void date. Interested persons may, at least 15 days in advance of the 
determination void date, petition the FAA official who issued the 
determination to:
    (1) Revise the determination based on new facts that change the 
basis on which it was made; or
    (2) Extend the determination void date. Determinations will be 
furnished to the proponent, aviation officials of the state concerned, 
and, when appropriate, local political bodies and other interested 
persons.



Sec. 157.9  Notice of completion.

    Within 15 days after completion of any airport project covered by 
this part, the proponent of such project shall notify the FAA Airport 
District Office or Regional Office by submission of FAA Form 5010-5 or 
by letter. A copy of FAA Form 5010-5 will be provided with the FAA 
determination.



PART 158_PASSENGER FACILITY CHARGES (PFC'S)--Table of Contents




                            Subpart A_General

Sec.
158.1 Applicability.
158.3 Definitions.
158.5 Authority to impose PFC's.
158.7 Exclusivity of authority.
158.9 Limitations.
158.11 Public agency request not to require collection of PFC's by a 
          class of air carriers or foreign air carriers or for service 
          to isolated communities.
158.13 Use of PFC revenue.
158.15 Project eligibility at PFC levels of $1, $2, or $3.
158.17 Project eligibility at PFC levels of $4 or $4.50.
158.18 Use of PFC revenue to pay for debt service for non-eligible 
          projects.
158.19 Requirement for competition plans.
158.20 Submission of required documents.

                   Subpart B_Application and Approval

158.21 General.
158.23 Consultation with air carriers and foreign air carriers.
158.24 Notice and opportunity for public comment.
158.25 Applications.
158.27 Review of applications.
158.29 The Administrator's decision.
158.30 PFC Authorization at Non-Hub Airports.
158.31 Duration of authority to impose a PFC after project 
          implementation.
158.33 Duration of authority to impose a PFC before project 
          implementation.
158.35 Extension of time to submit application to use PFC revenue.
158.37 Amendment of approved PFC.
158.39 Use of excess PFC revenue.

         Subpart C_Collection, Handling, and Remittance of PFC's

158.41 General.
158.43 Public agency notification to collect PFC's.
158.45 Collection of PFC's on tickets issued in the U.S.
158.47 Collection of PFC's on tickets issued outside the U.S.
158.49 Handling of PFC's.
158.51 Remittance of PFC's.
158.53 Collection compensation.

              Subpart D_Reporting, Recordkeeping and Audits

158.61 General.
158.63 Reporting requirements: Public agency.
158.65 Reporting requirements: Collecting air carriers.
158.67 Recordkeeping and auditing: Public agency.
158.69 Recordkeeping and auditing: Collecting carriers.
158.71 Federal oversight.

                          Subpart E_Termination

158.81 General.
158.83 Informal resolution.
158.85 Termination of authority to impose PFC's.
158.87 Loss of Federal airport grant funds.

    Subpart F_Reduction in Airport Improvement Program Apportionments

158.91 General.

[[Page 690]]

158.93 Public agencies subject to reduction.
158.95 Implementation of reduction.

Appendix A to Part 158--Assurances

    Authority: 49 U.S.C. 106(g), 40116-40117, 47106, 47111, 47114-47116, 
47524, 47526.

    Source: Docket No. 26385, 56 FR 24278, May 29, 1991, unless 
otherwise noted.



                            Subpart A_General



Sec. 158.1  Applicability.

    This part applies to passenger facility charges (PFC's) as may be 
approved by the Administrator of the Federal Aviation Administration 
(FAA) and imposed by a public agency that controls a commercial service 
airport. This part also describes the procedures for reducing funds to a 
large or medium hub airport that imposes a PFC.

[Doc. No. FAA-2000-7402, 65 FR 34540, May 30, 2000]



Sec. 158.3  Definitions.

    The following definitions apply in this part:
    Airport means any area of land or water, including any heliport, 
that is used or intended to be used for the landing and takeoff of 
aircraft, and any appurtenant areas that are used or intended to be used 
for airport buildings or other airport facilities or rights-of-way, 
together with all airport buildings and facilities located thereon.
    Airport capital plan means a capital improvement program that lists 
airport-related planning, development or noise compatibility projects 
expected to be accomplished with anticipated available funds.
    Airport layout plan (ALP) means a plan showing the existing and 
proposed airport facilities and boundaries in a form prescribed by the 
Administrator.
    Airport revenue means revenue generated by a public airport (1) 
through any lease, rent, fee, PFC or other charge collected, directly or 
indirectly, in connection with any aeronautical activity conducted on an 
airport that it controls; or (2) In connection with any activity 
conducted on airport land acquired with Federal financial assistance, or 
with PFC revenue under this part, or conveyed to such public agency 
under the provisions of any Federal surplus property program or any 
provision enacted to authorize the conveyance of Federal property to a 
public agency for airport purposes.
    Air travel ticket includes all documents, electronic records, 
boarding passes, and any other ticketing medium about a passenger's 
itinerary necessary to transport a passenger by air, including passenger 
manifests.
    Allowable cost means the reasonable and necessary costs of carrying 
out an approved project including costs incurred prior to and subsequent 
to the approval to impose a PFC, and making payments for debt service on 
bonds and other indebtedness incurred to carry out such projects. 
Allowable costs include only those costs incurred on or after November 
5, 1990. Costs of terminal development incurred after August 1, 1986, at 
an airport that did not have more than .25 percent of the total annual 
passenger boardings in the U.S. in the most recent calendar year for 
which data is available and at which total passenger boardings declined 
by at least 16 percent between calendar year 1989 and calendar year 1997 
are allowable.
    Approved project means a project for which the FAA has approved 
using PFC revenue under this part. The FAA may also approve specific 
projects contained in a single or multi-phased project or development 
described in an airport capital plan separately. This includes projects 
acknowledged by the FAA under Sec. 158.30 of this part.
    Bond financing costs means the costs of financing a bond and 
includes such costs as those associated with issuance, underwriting 
discount, original issue discount, capitalized interest, debt service 
reserve funds, initial credit enhancement costs, and initial trustee and 
paying agent fees.
    Charge effective date means the date on which carriers are obliged 
to collect a PFC.
    Charge expiration date means the date on which carriers are to cease 
to collect a PFC.
    Collecting carrier means an issuing carrier or other carrier 
collecting a PFC, whether or not such carrier issues the air travel 
ticket.
    Collection means the acceptance of payment of a PFC from a 
passenger.

[[Page 691]]

    Commercial service airport means a public airport that annually 
enplanes 2,500 or more passengers and receives scheduled passenger 
service of aircraft.
    Covered air carrier means an air carrier that files for bankruptcy 
protection or has an involuntary bankruptcy proceeding started against 
it after December 12, 2003. An air carrier that is currently in 
compliance with PFC remittance requirements and has an involuntary 
bankruptcy proceeding commenced against it has 90 days from the date 
such proceeding was filed to obtain dismissal of the involuntary 
petition before becoming a covered air carrier. An air carrier ceases to 
be a covered air carrier when it emerges from bankruptcy protection.
    Covered airport means a medium or large hub airport at which one or 
two air carriers control more than 50 percent of passenger boardings.
    Debt service means payments for such items as principal and 
interest, sinking funds, call premiums, periodic credit enhancement 
fees, trustee and paying agent fees, coverage, and remarketing fees.
    Exclusive long-term lease or use agreement means an exclusive lease 
or use agreement between a public agency and an air carrier or foreign 
air carrier with a term of 5 years or more.
    FAA Airports office means a regional, district or field office of 
the Federal Aviation Administration that administers Federal airport-
related matters.
    Financial need means that a public agency cannot meet its 
operational or debt service obligations and does not have at least a 2-
month capital reserve fund.
    Frequent flier award coupon means a zero-fare award of air 
transportation that an air carrier or foreign air carrier provides to a 
passenger in exchange for accumulated travel mileage credits in a 
customer loyalty program, whether or not the term ``frequent flier'' is 
used in the definition of that program. The definition of ``frequent 
flier award coupon'' does not extend to redemption of accumulated 
credits for awards of additional or upgraded service on trips for which 
the passenger has paid a published fare, ``two-for-the-price-of-one'' 
and similar marketing programs, or to air transportation purchased for a 
passenger by other parties.
    Ground support equipment means service and maintenance equipment 
used at an airport to support aeronautical operations and related 
activities. Baggage tugs, belt loaders, cargo loaders, forklifts, fuel 
trucks, lavatory trucks, and pushback tractors are among the types of 
vehicles that fit this definition.
    Implementation of an approved project means: (1) With respect to 
construction, issuance to a contractor of notice to proceed or the start 
of physical construction; (2) with respect to nonconstruction projects 
other than property acquisition, commencement of work by a contractor or 
public agency to carry out the statement of work; or (3) with respect to 
property acquisition projects, commencement of title search, surveying, 
or appraisal for a significant portion of the property to be acquired.
    Issuing carrier means any air carrier or foreign air carrier that 
issues an air travel ticket or whose imprinted ticket stock is used in 
issuing such ticket by an agent.
    Medium or large hub airport means a commercial service airport that 
has more than 0.25 percent of the total number of passenger boardings at 
all such airports in the U.S. for the prior calendar year, as determined 
by the Administrator.
    Non-hub airport means a commercial service airport (as defined in 49 
U.S.C. 47102) that has less than 0.05 percent of the passenger boardings 
in the U.S. in the prior calendar year on an aircraft in service in air 
commerce.
    Nonrevenue passenger means a passenger receiving air transportation 
from an air carrier or foreign air carrier for which remuneration is not 
received by the air carrier or foreign air carrier as defined under 
Department of Transportation Regulations or as otherwise determined by 
the Administrator. Air carrier employees or others receiving air 
transportation against whom token service charges are levied are 
considered nonrevenue passengers. Infants for whom a token fare is 
charged are also considered nonrevenue passengers.

[[Page 692]]

    Notice of intent (to impose or use PFC revenue) means a notice under 
Sec. 158.30 from a public agency controlling a non-hub airport that it 
intends to impose a PFC and/or use PFC revenue. Except for Sec. Sec. 
158.25 through 30, ``notice of intent'' can be used interchangeably with 
``application.''
    One-way trip means any trip that is not a round trip.
    Passenger enplaned means a domestic, territorial or international 
revenue passenger enplaned in the States in scheduled or nonscheduled 
service on aircraft in intrastate, interstate, or foreign commerce.
    PFC means a passenger facility charge covered by this part imposed 
by a public agency on passengers enplaned at a commercial service 
airport it controls.
    PFC administrative support costs means the reasonable and necessary 
costs of developing a PFC application or amendment, issuing and 
maintaining the required PFC records, and performing the required audit 
of the public agency's PFC account. These costs may include reasonable 
monthly financial account charges and transaction fees.
    Project means airport planning, airport land acquisition or 
development of a single project, a multi-phased development program, 
(including but not limited to development described in an airport 
capital plan) or a new airport for which PFC financing is sought or 
approved under this part.
    Public agency means a State or any agency of one or more States; a 
municipality or other political subdivision of a State; an authority 
created by Federal, State or local law; a tax-supported organization; an 
Indian tribe or pueblo that controls a commercial service airport; or 
for the purposes of this part, a private sponsor of an airport approved 
to participate in the Pilot Program on Private Ownership of Airports.
    Round trip means a trip on a complete air travel itinerary which 
terminates at the origin point.
    Significant business interest means an air carrier or foreign air 
carrier that:
    (1) Had no less than 1.0 percent of passenger boardings at that 
airport in the prior calendar year,
    (2) Had at least 25,000 passenger boardings at the airport in that 
prior calendar year, or
    (3) Provides scheduled service at that airport.
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and Guam.
    Unliquidated PFC revenue means revenue received by a public agency 
from collecting carriers but not yet used on approved projects.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34540, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005; 
Amdt. 158-4, 72 FR 28847, May 23, 2007]



Sec. 158.5  Authority to impose PFC's.

    Subject to the provisions of this part, the Administrator may grant 
authority to a public agency that controls a commercial service airport 
to impose a PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at 
such an airport. No public agency may impose a PFC under this part 
unless authorized by the Administrator. No State or political 
subdivision or agency thereof that is not a public agency may impose a 
PFC covered by this part.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]



Sec. 158.7  Exclusivity of authority.

    (a) A State, political subdivision of a State, or authority of a 
State or political subdivision that is not the eligible public agency 
may not tax, regulate, prohibit, or otherwise attempt to control in any 
manner the imposition or collection of a PFC or the use of PFC revenue.
    (b) No contract or agreement between an air carrier or foreign air 
carrier and a public agency may impair the authority of such public 
agency to impose a PFC or use the PFC revenue in accordance with this 
part.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000]

[[Page 693]]



Sec. 158.9  Limitations.

    (a) No public agency may impose a PFC on any passenger--
    (1) For more than 2 boardings on a one-way trip or in each direction 
of a round trip;
    (2) On any flight to an eligible point on an air carrier that 
receives essential air service compensation on that route. The 
Administrator makes available a list of carriers and eligible routes 
determined by the Department of Transportation for which PFC's may not 
be imposed under this section;
    (3) Who is a nonrevenue passenger or obtained the ticket for air 
transportation with a frequent flier award coupon;
    (4) On flights, including flight segments, between 2 or more points 
in Hawaii;
    (5) In Alaska aboard an aircraft having a certificated seating 
capacity of fewer than 60 passengers; or
    (6) Enplaning at an airport if the passenger did not pay for the air 
transportation that resulted in the enplanement due to Department of 
Defense charter arrangements and payments.
    (b) No public agency may require a foreign airline that does not 
serve a point or points in the U.S. to collect a PFC from a passenger.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28847, May 23, 2007]



Sec. 158.11  Public agency request not to require collection of PFC's by a 

class of air carriers or foreign air carriers or for service to isolated 

          communities.

    (a) Subject to the requirements of this part, a public agency may 
request that collection of PFC's not be required for--
    (1) Passengers enplaned by any class of air carrier or foreign air 
carrier if the number of passengers enplaned by the carriers in the 
class constitutes not more than one percent of the total number of 
passengers enplaned annually at the airport at which the fee is imposed; 
or
    (2) Passengers enplaned on a flight to an airport--
    (i) That has fewer than 2,500 passenger boardings each year and 
receives scheduled passenger service; or
    (ii) In a community that has a population of less than 10,000 and is 
not connected by a land highway or vehicular way to the land-connected 
National Highway System within a State.
    (b) The public agency may request this exclusion authority under 
paragraph (a)(1) or (a)(2) of this section or both.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



Sec. 158.13  Use of PFC revenue.

    PFC revenue, including any interest earned after such revenue has 
been remitted to a public agency, may be used only to finance the 
allowable costs of approved projects at any airport the public agency 
controls.
    (a) Total cost. PFC revenue may be used to pay all or part of the 
allowable cost of an approved project.
    (b) PFC administrative support costs. Public agencies may use PFC 
revenue to pay for allowable administrative support costs. Public 
agencies must submit these costs as a separate project in each PFC 
application.
    (c) Maximum cost for certain low-emission technology projects. If a 
project involves a vehicle or ground support equipment using low 
emission technology eligible under Sec. 158.15(b), the FAA will 
determine the maximum cost that may be financed by PFC revenue. The 
maximum cost for a new vehicle is the incremental amount between the 
purchase price of a new low emission vehicle and the purchase price of a 
standard emission vehicle, or the cost of converting a standard emission 
vehicle to a low emission vehicle.
    (d) Bond-associated debt service and financing costs. (1) Public 
agencies may use PFC revenue to pay debt service and financing costs 
incurred for a bond issued to carry out approved projects.
    (2) If the public agency's bond documents require that PFC revenue 
be commingled in the general revenue stream of the airport and pledged 
for the benefit of holders of obligations, the FAA considers PFC revenue 
to have paid the costs covered in Sec. 158.13(d)(1) if--

[[Page 694]]

    (i) An amount equal to the part of the proceeds of the bond issued 
to carry out approved projects is used to pay allowable costs of such 
projects; and
    (ii) To the extent the PFC revenue collected in any year exceeds the 
debt service and financing costs on such bonds during that year, an 
amount equal to the excess is applied as required by Sec. 158.39.
    (e) Exception providing for the use of PFC revenue to pay for debt 
service for non-eligible projects. The FAA may authorize a public agency 
under Sec. 158.18 to impose a PFC for payments for debt service on 
indebtedness incurred to carry out an airport project that is not 
eligible if the FAA determines that such use is necessary because of the 
financial need of the airport.
    (f) Combination of PFC revenue and Federal grant funds. A public 
agency may combine PFC revenue and airport grant funds to carry out an 
approved project. These projects are subject to the record keeping and 
auditing requirements of this part, as well as the reporting, record 
keeping and auditing requirements imposed by the Airport and Airway 
Improvement Act of 1982 (AAIA).
    (g) Non-Federal share. Public agencies may use PFC revenue to meet 
the non-Federal share of the cost of projects funded under the Federal 
airport grant program or the FAA ``Program to Permit Cost-Sharing of Air 
Traffic Modernization Projects'' under 49 U.S.C. 44517.
    (h) Approval of project following approval to impose a PFC. The 
public agency may not use PFC revenue or interest earned thereon except 
on an approved project.

[Docket No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 
72 FR 28847, May 23, 2007]



Sec. 158.15  Project eligibility at PFC levels of $1, $2, or $3.

    (a) To be eligible, a project must--
    (1) Preserve or enhance safety, security, or capacity of the 
national air transportation system;
    (2) Reduce noise or mitigate noise impacts resulting from an 
airport; or
    (3) Furnish opportunities for enhanced competition between or among 
air carriers.
    (b) Eligible projects are any of the following projects--
    (1) Airport development eligible under subchapter I of chapter 471 
of 49 U.S.C.;
    (2) Airport planning eligible under subchapter I of chapter 471 of 
49 U.S.C.;
    (3) Terminal development as described in 49 U.S.C. 47110(d);
    (4) Airport noise compatibility planning as described in 49 U.S.C. 
47505;
    (5) Noise compatibility measures eligible for Federal assistance 
under 49 U.S.C. 47504, without regard to whether the measures are 
approved under 49 U.S.C. 47504;
    (6) Construction of gates and related areas at which passengers are 
enplaned or deplaned and other areas directly related to the movement of 
passengers and baggage in air commerce within the boundaries of the 
airport. These areas do not include restaurants, car rental and 
automobile parking facilities, or other concessions. Projects required 
to enable added air service by an air carrier with less than 50 percent 
of the annual passenger boardings at an airport have added eligibility. 
Such projects may include structural foundations and floor systems, 
exterior building walls and load-bearing interior columns or walls, 
windows, door and roof systems, building utilities (including heating, 
air conditioning, ventilation, plumbing, and electrical service), and 
aircraft fueling facilities next to the gate;
    (7) A project approved under the FAA's ``Program to Permit Cost-
Sharing of Air Traffic Modernization Projects'' under 49 U.S.C. 44517; 
or
    (8) If the airport is in an air quality nonattainment area (as 
defined by section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a 
maintenance area referred to in section 175A of such Act (42 U.S.C. 
7505a), and the project will result in the airport receiving appropriate 
emission credits as described in 49 U.S.C. 47139, a project for:
    (i) Converting vehicles eligible under Sec. 158.15(b)(1) and ground 
support equipment powered by a diesel or gasoline engine used at a 
commercial service

[[Page 695]]

airport to low-emission technology certified or verified by the 
Environmental Protection Agency to reduce emissions or to use cleaner 
burning conventional fuels; or
    (ii) Acquiring for use at a commercial service airport vehicles 
eligible under Sec. 158.15(b)(1) and, subject to Sec. 158.13(c), 
ground support equipment that include low-emission technology or use 
cleaner burning fuels.
    (c) An eligible project must be adequately justified to qualify for 
PFC funding.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28848, May 
23, 2007]



Sec. 158.17  Project eligibility at PFC levels of $4 or $4.50.

    (a) A project for any airport is eligible for PFC funding at levels 
of $4 or $4.50 if--
    (1) The project meets the eligibility requirements of Sec. 158.15;
    (2) The project costs requested for collection at $4 or $4.50 cannot 
be paid for from funds reasonably expected to be available for the 
programs referred to in 49 U.S.C. 48103; and
    (3) In the case of a surface transportation or terminal project, the 
public agency has made adequate provision for financing the airside 
needs of the airport, including runways, taxiways, aprons, and aircraft 
gates.
    (b) In addition, a project for a medium or large airport is only 
eligible for PFC funding at levels of $4 or $4.50 if the project will 
make a significant contribution to improving air safety and security, 
increasing competition among air carriers, reducing current or 
anticipated congestion, or reducing the impact of aviation noise on 
people living near the airport.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



Sec. 158.18  Use of PFC revenue to pay for debt service for non-eligible 

projects.

    (a) The FAA may authorize a public agency to impose a PFC to make 
payments for debt service on indebtedness incurred to carry out at the 
airport a project that is not eligible if the FAA determines it is 
necessary because of the financial need of the airport. The FAA defines 
financial need in Sec. 158.3.
    (b) A public agency may request authority to impose a PFC and use 
PFC revenue under this section using the PFC application procedures in 
Sec. 158.25. The public agency must document its financial position and 
explain its financial recovery plan that uses all available resources.
    (c) The FAA reviews the application using the procedures in Sec. 
158.27. The FAA will issue its decision on the public agency's request 
under Sec. 158.29.

[Doc. No. FAA-2006-23730, 72 FR 28848, May 23, 2007]



Sec. 158.19  Requirement for competition plans.

    (a) Beginning in fiscal year 2001, no public agency may impose a PFC 
with respect to a covered airport unless the public agency has submitted 
a written competition plan. This requirement does not apply to PFC 
authority approved prior to April 5, 2000.
    (b) The Administrator will review any plan submitted under paragraph 
(a) of this section to ensure that it meets the requirements of 49 
U.S.C. 47106(f) and periodically will review its implementation to 
ensure that each covered airport successfully implements its plan.

[Doc. No. FAA-2000-7402, 65 FR 34541, May 30, 2000]



                   Subpart B_Application and Approval



Sec. 158.20  Submission of required documents.

    (a) Letters and reports required by this part may be transmitted to 
the appropriate recipient (the public agency, air carrier, and/or the 
FAA) via e-mail, courier, facsimile, or U.S. Postal Service.
    (1) Documents sent electronically to the FAA must be prepared in a 
format readable by the FAA. Interested parties can obtain the format at 
their local FAA Airports Office.
    (2) Any transmission to FAA Headquarters, using regular U.S. Postal 
Service, is subject to inspection that may result in delay and damage 
due to the security process.

[[Page 696]]

    (b) Once the database development is completed with air carrier 
capability, public agencies and air carriers may use the FAA's national 
PFC database to post their required quarterly reports, and, in that 
case, do not have to distribute the reports in any other way.

[Doc. No. FAA-2006-23730, 72 FR 28848, May 23, 2007]



Sec. 158.21  General.

    This subpart specifies the consultation and application requirements 
under which a public agency may obtain approval to impose a PFC and use 
PFC revenue on a project. This subpart also establishes the procedure 
for the Administrator's review and approval of applications and 
amendments and establishes requirements for use of excess PFC revenue.



Sec. 158.23  Consultation with air carriers and foreign air carriers.

    (a) Notice by public agency. A public agency must provide written 
notice to air carriers and foreign air carriers having a significant 
business interest at the airport where the PFC is proposed. A public 
agency must provide this notice before the public agency files an 
application with the FAA for authority to impose a PFC under Sec. 
158.25(b). In addition, public agencies must provide this notice before 
filing an application with the FAA for authority to use PFC revenue 
under Sec. 158.25(c). Public agencies must also provide this notice 
before filing a notice of intent to impose and/or use a PFC under Sec. 
158.30. Finally, a public agency must provide this notice before filing 
a request to amend the FAA's decision with respect to an approved PFC as 
discussed in Sec. 158.37(b)(1). The notice shall include:
    (1) Descriptions of projects being considered for funding by PFC's;
    (2) The PFC level for each project, the proposed charge effective 
date, the estimated charge expiration date, and the estimated total PFC 
revenue;
    (3) For a request by a public agency that any class or classes of 
carriers not be required to collect the PFC--
    (i) The designation of each such class,
    (ii) The names of the carriers belonging to each such class, to the 
extent the names are known,
    (iii) The estimated number of passengers enplaned annually by each 
such class, and
    (iv) The public agency's reasons for requesting that carriers in 
each such class not be required to collect the PFC; and
    (4) Except as provided in Sec. 158.25(c)(2), the date and location 
of a meeting at which the public agency will present such projects to 
air carriers and foreign air carriers operating at the airport.
    (b) Meeting. The meeting required by paragraph (a)(4) of this 
section shall be held no sooner than 30 days nor later than 45 days 
after issuance of the written notice required by paragraph (a) of this 
section. At or before the meeting, the public agency shall provide air 
carriers and foreign air carriers with--
    (1) A description of projects;
    (2) An explanation of the need for the projects; and
    (3) A detailed financial plan for the projects, including--
    (i) The estimated allowable project costs allocated to major project 
elements;
    (ii) The anticipated total amount of PFC revenue that will be used 
to finance the projects; and
    (iii) The source and amount of other funds, if any, needed to 
finance the projects.
    (c) Requirements of air carriers and foreign air carriers. (1) 
Within 30 days following issuance of the notice required by paragraph 
(a) of this section, each carrier must provide the public agency with a 
written acknowledgement that it received the notice.
    (2) Within 30 days following the meeting, each carrier must provide 
the public agency with a written certification of its agreement or 
disagreement with the proposed project. A certification of disagreement 
shall contain the reasons for such disagreement. The absence of such 
reasons shall void a certification of disagreement.
    (3) If a carrier fails to provide the public agency with timely 
acknowledgement of the notice or timely certification of agreement or 
disagreement with the proposed project, the

[[Page 697]]

carrier is considered to have certified its agreement.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34541, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005]



Sec. 158.24  Notice and opportunity for public comment.

    (a)(1) Notice by public agency. A public agency must provide written 
notice and an opportunity for public comment before:
    (i) Filing an application with the FAA for authority to impose a PFC 
under Sec. 158.25(b);
    (ii) Filing an application with the FAA for authority to use PFC 
revenue under Sec. 158.25(c);
    (iii) Filing a notice of intent to impose and/or use a PFC under 
Sec. 158.30; and
    (iv) Filing a request to amend a previously approved PFC as 
discussed in Sec. 158.37(b)(1).
    (2) The notice must allow the public to file comments for at least 
30 days, but no more than 45 days, after the date of publication of the 
notice or posting on the public agency's Web site, as applicable.
    (b)(1) Notice contents. The notice required by Sec. 158.24(a) must 
include:
    (i) A description of the project(s) the public agency is considering 
for funding by PFC's;
    (ii) A brief justification for each project the public agency is 
considering for funding by PFC's;
    (iii) The PFC level for each project;
    (iv) The estimated total PFC revenue the public agency will use for 
each project;
    (v) The proposed charge effective date for the application or notice 
of intent;
    (vi) The estimated charge expiration date for the application or 
notice of intent;
    (vii) The estimated total PFC revenue the public agency will collect 
for the application or notice of intent; and
    (viii) The name of and contact information for the person within the 
public agency to whom comments should be sent.
    (2) The public agency must make available a more detailed project 
justification or the justification documents to the public upon request.
    (c) Distribution of notice. The public agency must make the notice 
available to the public and interested agencies through one or more of 
the following methods:
    (1) Publication in local newspapers of general circulation;
    (2) Publication in other local media;
    (3) Posting the notice on the public agency's Internet Web site; or
    (4) Any other method acceptable to the Administrator.

[Doc. No. FAA-2004-17999, 70 FR 14934, Mar. 23, 2005]



Sec. 158.25  Applications.

    (a) General. This section specifies the information the public 
agency must file when applying for authority to impose a PFC and for 
authority to use PFC revenue on a project. A public agency may apply for 
such authority at any commercial service airport it controls. The public 
agency must use the proposed PFC to finance airport-related projects at 
that airport or at any existing or proposed airport that the public 
agency controls. A public agency may apply for authority to impose a PFC 
before or concurrent with an application to use PFC revenue. If a public 
agency chooses to apply, it must do so by using FAA Form 5500-1, PFC 
Application (latest edition) and all applicable Attachments. The public 
agency must provide the information required under paragraphs (b) or 
(c), or both, of this section.
    (b) Application for authority to impose a PFC. This paragraph sets 
forth the information to be submitted by all public agencies seeking 
authority to impose a PFC. A separate application shall be submitted for 
each airport at which a PFC is to be imposed. The application shall be 
signed by an authorized official of the public agency, and, unless 
otherwise authorized by the Administrator, must include the following:
    (1) The name and address of the public agency.
    (2) The name and telephone number of the official submitting the 
application on behalf of the public agency.
    (3) The official name of the airport at which the PFC is to be 
imposed.
    (4) The official name of the airport at which a project is proposed.

[[Page 698]]

    (5) A copy of the airport capital plan or other documentation of 
planned improvements for each airport at which a PFC financed project is 
proposed.
    (6) A description of each project proposed.
    (7) The project justification, including the extent to which the 
project achieves one or more of the objectives set forth in Sec. 
158.15(a) and (if a PFC level above $3 is requested) the requirements of 
Sec. 158.17. In addition--
    (i) For any project for terminal development, including gates and 
related areas, the public agency shall discuss any existing conditions 
that limit competition between and among air carriers and foreign air 
carriers at the airport, any initiatives it proposes to foster 
opportunities for enhanced competition between and among such carriers, 
and the expected results of such initiatives; or
    (ii) For any terminal development project at a covered airport, the 
public agency shall submit a competition plan in accordance with Sec. 
158.19.
    (8) The charge to be imposed for each project.
    (9) The proposed charge effective date.
    (10) The estimated charge expiration date.
    (11) Information on the consultation with air carriers and foreign 
air carriers having a significant business interest at the airport and 
the public comment process, including:
    (i) A list of such carriers and those notified;
    (ii) A list of carriers that acknowledged receipt of the notice 
provided under Sec. 158.23(a);
    (iii) Lists of carriers that certified agreement and that certified 
disagreement with the project;
    (iv) Information on which method under Sec. 158.24(b) the public 
agency used to meet the public notice requirement; and
    (v) A summary of substantive comments by carriers contained in any 
certifications of disagreement with each project and disagreements with 
each project provided by the public, and the public agency's reasons for 
continuing despite such disagreements.
    (12) If the public agency is also filing a request under Sec. 
158.11--
    (i) The request;
    (ii) A copy of the information provided to the carriers under Sec. 
158.23(a)(3);
    (iii) A copy of the carriers' comments with respect to such 
information;
    (iv) A list of any class or classes of carriers that would not be 
required to collect a PFC if the request is approved; and
    (v) The public agency's reasons for submitting the request in the 
face of opposing comments.
    (13) A copy of information regarding the financing of the project 
presented to the carriers and foreign air carriers under Sec. 158.23 of 
this part and as revised during the consultation.
    (14) A copy of all comments received as a result of the carrier 
consultation and public comment processes.
    (15) For an application not accompanied by a concurrent application 
for authority to use PFC revenue:
    (i) A description of any alternative methods being considered by the 
public agency to accomplish the objectives of the project;
    (ii) A description of alternative uses of the PFC revenue to ensure 
such revenue will be used only on eligible projects in the event the 
proposed project is not ultimately approved for use of PFC revenue;
    (iii) A timetable with projected dates for completion of project 
formulation activities and submission of an application to use PFC 
revenue; and
    (iv) A projected date of project implementation and completion.
    (16) A signed statement certifying that the public agency will 
comply with the assurances set forth in Appendix A to this part.
    (17) Such additional information as the Administrator may require.
    (c) Application for authority to use PFC revenue. A public agency 
may use PFC revenue only for projects approved under this paragraph. 
This paragraph sets forth the information that a public agency shall 
submit, unless otherwise authorized by the Administrator, when applying 
for the authority to use PFC revenue to finance specific projects.
    (1) An application submitted concurrently with an application for 
the authority to impose a PFC, must include:

[[Page 699]]

    (i) The information required under paragraphs (b)(1) through (15) of 
this section;
    (ii) An FAA Form 5500-1, Attachment G, Airport Layout Plan, 
Airspace, and Environmental Findings (latest edition) providing the 
following information:
    (A) For projects required to be shown on an ALP, the ALP depicting 
the project has been approved by the FAA and the date of such approval;
    (B) All environmental reviews required by the National Environmental 
Policy Act (NEPA) of 1969 have been completed and a copy of the final 
FAA environmental determination with respect to the project has been 
approved, and the date of such approval, if such determination is 
required; and
    (C) The final FAA airspace determination with respect to the project 
has been completed, and the date of such determination, if an airspace 
study is required.
    (iii) The information required by Sec. Sec. 158.25(b)(16) and 
158.25(b)(17).
    (2) An application where the authority to impose a PFC has been 
previously approved:
    (i) Must not be filed until the public agency conducts further 
consultation with air carriers and foreign air carriers under Sec. 
158.23. However, the meeting required under Sec. 158.23(a)(4) is 
optional if there are no changes to the projects after approval of the 
impose authority and further opportunity for public comment under Sec. 
158.24; and
    (ii) Must include a summary of further air carrier consultation and 
the public agency's response to any disagreements submitted under the 
air carrier consultation and public comment processes conducted under 
paragraph (c)(2)(i) of this section;
    (iii) Must include the following, updated and changed where 
appropriate:
    (A) FAA Form 5500-1 without attachments except as required below;
    (B) For any projects where there have been no changes since the FAA 
approved authority to impose a PFC for those projects, a list of 
projects included in this application for use authority. The FAA will 
consider the information on these projects, filed with the impose 
authority application, incorporated by reference; and
    (C) For any project that has changed since receiving impose 
authority, the public agency must file an Attachment B for that project 
clearly describing the changes to the project.
    (iv) An FAA Form 5500-1, Attachment G, Airport Layout Plan, 
Airspace, and Environmental Findings (latest edition) providing the 
following information:
    (A) For projects required to be shown on an ALP, the ALP depicting 
the project has been approved by the FAA and the date of such approval;
    (B) All environmental reviews required by the National Environmental 
Policy Act (NEPA) of 1969 have been completed and a copy of the final 
FAA environmental determination with respect to the project has been 
approved, and the date of such approval, if such determination is 
required; and
    (C) The final FAA airspace determination with respect to the project 
has been completed, and the date of such determination, if an airspace 
study is required; and
    (v) The information required by Sec. Sec. 158.25(b)(16) and 
158.25(b)(17).

[Doc. No. FAA-2004-17999, 70 FR 14935, Mar. 23, 2005]



Sec. 158.27  Review of applications.

    (a) General. This section describes the process for review of all 
applications filed under Sec. 158.25 of this part.
    (b) Determination of completeness. Within 30 days after receipt of 
an application by the FAA Airports office, the Administrator determines 
whether the application substantially complies with the requirements of 
Sec. 158.25.
    (c) Process for substantially complete application. If the 
Administrator determines the application is substantially complete, the 
following procedures apply:
    (1) The Administrator advises the public agency by letter that its 
application is substantially complete.
    (2) The Administrator may opt to publish a notice in the Federal 
Register advising that the Administrator intends to rule on the 
application and inviting public comment, as set forth in paragraph (e) 
of this section. If the Administrator publishes a notice, the 
Administrator will provide a copy of the notice to the public agency.

[[Page 700]]

    (3) If the Administrator publishes a notice, the public agency--
    (i) Shall make available for inspection, upon request, a copy of the 
application, notice, and other documents germane to the application, and
    (ii) May publish the notice in a newspaper of general circulation in 
the area where the airport covered by the application is located.
    (4) After reviewing the application and any public comments received 
from a Federal Register notice, the Administrator issues a final 
decision approving or disapproving the application, in whole or in part, 
before 120 days after the FAA Airports office received the application.
    (d) Process for applications not substantially complete. If the 
Administrator determines an application is not substantially complete, 
the following procedures apply:
    (1) The Administrator notifies the public agency in writing that its 
application is not substantially complete. The notification will list 
the information required to complete the application.
    (2) Within 15 days after the Administrator sends such notification, 
the public agency shall advise the Administrator in writing whether it 
intends to supplement its application.
    (3) If the public agency declines to supplement the application, the 
Administrator follows the procedures for review of an application set 
forth in paragraph (c) of this section and issues a final decision 
approving or disapproving the application, in whole or in part, no later 
than 120 days after the application was received by the FAA Airports 
office.
    (4) If the public agency supplements its application, the original 
application is deemed to be withdrawn for purposes of applying the 
statutory deadline for the Administrator's decision. Upon receipt of the 
supplement, the Administrator issues a final decision approving or 
disapproving the supplemented application, in whole or in part, no later 
than 120 days after the supplement was received by the FAA Airports 
office.
    (e) The Federal Register notice. The Federal Register notice 
includes the following information:
    (1) The name of the public agency and the airport at which the PFC 
is to be imposed;
    (2) A brief description of the PFC project, the level of the 
proposed PFC, the proposed charge effective date, the proposed charge 
expiration date and the total estimated PFC revenue;
    (3) The address and telephone number of the FAA Airports office at 
which the application may be inspected;
    (4) The Administrator's determination on whether the application is 
substantially complete and any information required to complete the 
application; and
    (5) The due dates for any public comments.
    (f) Public comments. (1) Interested persons may file comments on the 
application within 30 days after publication of the Administrator's 
notice in the Federal Register.
    (2) Three copies of these comments shall be submitted to the FAA 
Airports office identified in the Federal Register notice.
    (3) Commenters shall also provide one copy of their comments to the 
public agency.
    (4) Comments from air carriers and foreign air carriers may be in 
the same form as provided to the public agency under Sec. 158.23.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, 
as amended by Amdt. 158-3, 70 FR 14936, Mar. 23, 2005]



Sec. 158.29  The Administrator's decision.

    (a) Authority to impose a PFC. (1) An application to impose a PFC 
will be approved in whole or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15 except for those projects approved under Sec. 158.18.
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17;
    (iv) The collection process, including any request by the public 
agency not to require a class of carriers to collect PFC's, is 
reasonable, not arbitrary,

[[Page 701]]

nondiscriminatory, and otherwise in compliance with the law;
    (v) The public agency has not been found to be in violation of 49 
U.S.C. 47524 and 47526;
    (vi) The public agency has not been found to be in violation of 49 
U.S.C. 47107(b) governing the use of airport revenue;
    (vii) If the public agency has not applied for authority to use PFC 
revenue, a finding that there are alternative uses of the PFC revenue to 
ensure that such revenue will be used on approved projects; and
    (viii) If applicable, the public agency has submitted a competition 
plan in accordance with Sec. 158.19.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the projects and 
alternative uses that may qualify for PFC financing under Sec. 158.15, 
and (if a PFC level above $3 is being approved) Sec. 158.17, PFC level, 
total approved PFC revenue including the amounts approved at $3 and 
less, $4, and/or $4.50, duration of authority to impose and earliest 
permissible charge effective date.
    (b) Authority to use PFC revenue on an approved project. (1) An 
application for authority to use PFC revenue will be approved in whole 
or in part only after a determination that--
    (i) The amount and duration of the PFC will not result in revenue 
that exceeds amounts necessary to finance the project;
    (ii) The project will achieve the objectives and criteria set forth 
in Sec. 158.15 except for those projects approved under Sec. 158.18.
    (iii) If a PFC level above $3 is being approved, the project meets 
the criteria set forth in Sec. 158.17; and
    (iv) All applicable requirements pertaining to the ALP for the 
airport, airspace studies for the project, and the National 
Environmental Policy Act of 1969 (NEPA), have been satisfied.
    (2) The Administrator notifies the public agency in writing of the 
decision on the application. The notification will list the approved 
projects, PFC level, total approved PFC revenue, total approved for 
collection, including the amounts approved at $3 and less, $4, and/or 
$4.50, and any limit on the duration of authority to impose a PFC as 
prescribed under Sec. 158.33.
    (3) Approval to use PFC revenue to finance a project shall be 
construed as approval of that project.
    (c) Disapproval of application. (1) If an application is 
disapproved, the Administrator notifies the public agency in writing of 
the decision and the reasons for the disapproval.
    (2) A public agency reapplying for approval to impose or use a PFC 
must comply with Sec. Sec. 158.23, 158.24, and 158.25.
    (d) The Administrator publishes a monthly notice of PFC approvals 
and disapprovals in the Federal Register.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, 
as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 
14936, Mar. 23, 2005; Amdt. 158-4, 72 FR 28848, May 23, 2007]



Sec. 158.30  PFC Authorization at Non-Hub Airports.

    (a) General. This section specifies the procedures a public agency 
controlling a non-hub airport must follow when notifying the FAA of its 
intent to impose a PFC and to use PFC revenue on a project under this 
section. In addition, this section describes the FAA's rules for 
reviewing and acknowledging a notice of intent filed under this section. 
A public agency may notify the FAA of its intent to impose a PFC before 
or concurrent with a notice of intent to use PFC revenue. A public 
agency must file a notice of intent in the manner and form prescribed by 
the Administrator and must include the information required under 
paragraphs (b), (c), or both, of this section.
    (b) Notice of intent to impose a PFC. This paragraph sets forth the 
information a public agency must file to notify the FAA of its intent to 
impose a PFC under this section. The public agency must file a separate 
notice of intent for each airport at which the public agency plans on 
imposing a PFC. An authorized official of the public agency must sign 
the notice of intent and, unless authorized by the Administrator, must 
include:
    (1) A completed FAA Form 5500-1, PFC Application (latest edition) 
without attachments except as required below;

[[Page 702]]

    (2) Project information (in the form and manner prescribed by the 
FAA) including the project title, PFC funds sought, PFC level sought, 
and, if an existing Airport Improvement Program (AIP) grant already 
covers this project, the grant agreement number.
    (3) If an existing AIP grant does not cover this project, the notice 
of intent must include the information in paragraph (b)(2) of this 
section as well as the following:
    (i) Additional information describing the proposed schedule for the 
project,
    (ii) A description of how this project meets one of the PFC 
objectives in Sec. 158.15(a), and
    (iii) A description of how this project meets the adequate 
justification requirement in Sec. 158.15(c).
    (4) A copy of any comments received by the public agency during the 
air carrier consultation and public comment processes (Sec. Sec. 158.23 
and 158.24) and the public agency's response to any disagreements.
    (5) If applicable, a request to exclude a class of carriers from the 
requirement to collect the PFC (Sec. 158.11).
    (6) A signed statement certifying that the public agency will comply 
with the assurances set forth in Appendix A to this part.
    (7) Any additional information the Administrator may require.
    (c) Notice of intent to use PFC revenue. A public agency may use PFC 
revenue only for projects included in notices filed under this paragraph 
or approved under Sec. 158.29. This paragraph sets forth the 
information that a public agency must file, unless otherwise authorized 
by the Administrator, in its notice of intent to use PFC revenue to 
finance specific projects under this section.
    (1) A notice of intent to use PFC revenue filed concurrently with a 
notice of intent to impose a PFC must include:
    (i) The information required under paragraphs (b)(1) through (7) of 
this section;
    (ii) A completed FAA Form 5500-1, Attachment G, Airport Layout Plan, 
Airspace, and Environmental Findings (latest edition) for all projects 
not included in an existing Federal airport program grant.
    (2) A notice of intent to use PFC revenue where the FAA has 
previously acknowledged a notice of intent to impose a PFC must:
    (i) Be preceded by further consultation with air carriers and the 
opportunity for public comment under Sec. Sec. 158.23 and 158.24 of 
this part. However, a meeting with the air carriers is optional if all 
information is the same as that provided with the impose authority 
notice;
    (ii) Include a copy of any comments received by the public agency 
during the air carrier consultation and public comment processes 
(Sec. Sec. 158.23 and 158.24) and the public agency's response to any 
disagreements or negative comments; and
    (iii) Include any updated and changed information:
    (A) Required by paragraphs (b)(1), (2), (5), (6), and (7) of this 
section; and
    (B) Required by paragraph (c)(1)(ii) of this section.
    (d) FAA review of notices of intent. (1) The FAA will review the 
notice of intent to determine that:
    (A) The amount and duration of the PFC will not result in revenue 
that exceeds the amount necessary to finance the project(s);
    (B) Each proposed project meets the requirements of Sec. 158.15;
    (C) Each project proposed at a PFC level above $3.00 meets the 
requirements of Sec. 158.17(a)(2) and (3);
    (D) All applicable airport layout plan, airspace, and environmental 
requirements have been met for each project;
    (E) Any request by the public agency to exclude a class of carriers 
from the requirement to collect the PFC is reasonable, not arbitrary, 
nondiscriminatory, and otherwise complies with the law; and
    (F) The consultation and public comment processes complied with 
Sec. Sec. 158.23 and 158.24.
    (2) The FAA will also make a determination regarding the public 
agency's compliance with 49 U.S.C. 47524 and 47526 governing airport 
noise and access restrictions and 49 U.S.C. 47107(b) governing the use 
of airport revenue. Finally, the FAA will review all comments filed 
during the air carrier consultation and public comment processes.

[[Page 703]]

    (e) FAA acknowledgment of notices of intent. Within 30 days of 
receipt of the public agency's notice of intent about its PFC program, 
the FAA will issue a written acknowledgment of the public agency's 
notice. The FAA's acknowledgment may concur with all proposed projects, 
may object to some or all proposed projects, or may object to the notice 
of intent in its entirety. The FAA's acknowledgment will include the 
reason(s) for any objection(s).
    (f) Public agency actions following issuance of FAA acknowledgment 
letter. If the FAA does not object to either a project or the notice of 
intent in its entirety, the public agency may implement its PFC program. 
The public agency's implementation must follow the information specified 
in its notice of intent. If the FAA objects to a project, the public 
agency may not collect or use PFC revenue on that project. If the FAA 
objects to the notice of intent in its entirety, the public agency may 
not implement the PFC program proposed in that notice. When implementing 
a PFC under this section, except for Sec. 158.25, a public agency must 
comply with all sections of part 158.
    (g) Acknowledgment not an order. An FAA acknowledgment issued under 
this section is not considered an order issued by the Secretary for 
purposes of 49 U.S.C. 46110 (Judicial Review).
    (h) Sunset provision. This section will expire May 9, 2008.

[Doc. No. FAA-2004-17999, 70 FR 14936, Mar. 23, 2005]



Sec. 158.31  Duration of authority to impose a PFC after project 

implementation.

    A public agency that has begun implementing an approved project may 
impose a PFC until--
    (a) The charge expiration date is reached;
    (b) The total PFC revenue collected plus interest earned thereon 
equals the allowable cost of the approved project;
    (c) The authority to collect the PFC is terminated by the 
Administrator under subpart E of this part; or
    (d) The public agency is determined by the Administrator to be in 
violation of 49 U.S.C. 47524 and 47526, and the authority to collect the 
PFC is terminated under that statute's implementing regulations under 
this title.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007]



Sec. 158.33  Duration of authority to impose a PFC before project 

implementation.

    (a) A public agency shall not impose a PFC beyond the lesser of the 
following--
    (1) 2 years after approval to use PFC revenue on an approved project 
if the project has not been implemented, or
    (2) 5 years after the charge effective date; or
    (3) 5 years after the FAA's decision on the application (if the 
charge effective date is more than 60 days after the decision date) if 
an approved project is not implemented.
    (b) If, in the Administrator's judgment, the public agency has not 
made sufficient progress toward implementation of an approved project 
within the times specified in paragraph (a) of this section, the 
Administrator begins termination proceedings under subpart E of this 
part.
    (c) The authority to impose a PFC following approval shall 
automatically expire without further action by the Administrator on the 
following dates:
    (1) 3 years after the charge effective date; or 3 years after the 
FAA's decision on the application if the charge effective date is more 
than 60 days after the decision date unless--
    (i) The public agency has filed an application for approval to use 
PFC revenue for an eligible project that is pending before the FAA;
    (ii) An application to use PFC revenue has been approved; or
    (iii) A request for extension (not to exceed 2 years) to submit an 
application for project approval, under Sec. 158.35, has been granted; 
or
    (2) 5 years after the charge effective date; or 5 years after the 
FAA's decision on the application (if the charge effective date is more 
than 60 days after the decision date) unless the public agency has 
obtained project approval.
    (d) If the authority to impose a PFC expires under paragraph (c) of 
this section, the public agency must provide

[[Page 704]]

the FAA with a list of the air carriers and foreign air carriers 
operating at the airport and all other collecting carriers that have 
remitted PFC revenue to the public agency in the preceding 12 months. 
The FAA notifies each of the listed carriers to terminate PFC collection 
no later than 30 days after the date of notification by the FAA.
    (e) Restriction on reauthorization to impose a PFC. Whenever the 
authority to impose a PFC has expired or been terminated under this 
section, the Administrator will not grant new approval to impose a PFC 
in advance of implementation of an approved project.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-4, 72 FR 28849, May 23, 2007]



Sec. 158.35  Extension of time to submit application to use PFC revenue.

    (a) A public agency may request an extension of time to submit an 
application to use PFC revenue after approval of an application to 
impose PFC's. At least 30 days prior to submitting such request, the 
public agency shall publish notice of its intention to request an 
extension in a local newspaper of general circulation and shall request 
comments. The notice shall include progress on the project, a revised 
schedule for obtaining project approval and reasons for the delay in 
submitting the application.
    (b) The request shall be submitted at least 120 days prior to the 
charge expiration date and, unless otherwise authorized by the 
Administrator, shall be accompanied by the following:
    (1) A description of progress on the project application to date.
    (2) A revised schedule for submitting the application.
    (3) An explanation of the reasons for delay in submitting the 
application.
    (4) A summary financial report depicting the total amount of PFC 
revenue collected plus interest, the projected amount to be collected 
during the period of the requested extension, and any public agency 
funds used on the project for which reimbursement may be sought.
    (5) A summary of any further consultation with air carriers and 
foreign air carriers operating at the airport.
    (6) A summary of comments received in response to the local notice.
    (c) The Administrator reviews the request for extension and 
accompanying information, to determine whether--
    (1) The public agency has shown good cause for the delay in applying 
for project approval;
    (2) The revised schedule is satisfactory; and
    (3) Further collection will not result in excessive accumulation of 
PFC revenue.
    (d) The Administrator, upon determining that the agency has shown 
good cause for the delay and that other elements of the request are 
satisfactory, grants the request for extension to the public agency. The 
Administrator advises the public agency in writing not more than 90 days 
after receipt of the request. The duration of the extension shall be as 
specified in Sec. 158.33 of this part.



Sec. 158.37  Amendment of approved PFC.

    (a)(1) A public agency may amend the FAA's decision with respect to 
an approved PFC to:
    (i) Increase or decrease the level of PFC the public agency wants to 
collect from each passenger,
    (ii) Increase or decrease the total approved PFC revenue,
    (iii) Change the scope of an approved project,
    (iv) Delete an approved project, or
    (v) Establish a new class of carriers under Sec. 158.11 or amend 
any such class previously approved.
    (2) A public agency may not amend the FAA's decision with respect to 
an approved PFC to add projects, change an approved project to a 
different facility type, or alter an approved project to accomplish a 
different purpose.
    (b) The public agency must file a request to the Administrator to 
amend the FAA's decision with respect to an approved PFC. The request 
must include or demonstrate:
    (1)(i) Further consultation with the air carriers and foreign air 
carriers and seek public comment in accordance with Sec. Sec. 158.23 
and 158.24 when applying for those requests to:
    (A) Amend the approved PFC amount for a project by more than 25 
percent of

[[Page 705]]

the original approved amount if the amount was $1,000,000 or greater,
    (B) Amend the approved PFC amount for a project by any percentage if 
the original approved amount was below $1,000,000 and the amended 
approved amount is $1,000,000 or greater,
    (C) Change the scope of a project, or
    (D) Increase the PFC level to be collected from each passenger.
    (ii) No further consultation with air carriers and foreign air 
carriers or public comment is required by a public agency in accordance 
with Sec. Sec. 158.23 and 158.24 when applying for an amendment in the 
following situations:
    (A) To institute a decrease in the level of PFC to be collected from 
each passenger;
    (B) To institute a decrease in the total PFC revenue;
    (C) To institute an increase of 25 percent or less of the original 
approved amount if the amount was more than $1,000,000; or
    (D) To institute an increase of any amount if the original approved 
amount of the project was less than $1,000,000 and if the amended 
approved amount of the project remains below $1,000,000; or
    (E) To establish a new class of carriers under Sec. 158.11 or amend 
any such class previously approved; or
    (F) To delete an approved project.
    (2) A copy of any comments received from the processes in paragraph 
(b)(1)(A) of this section for the carrier consultation and the 
opportunity for public comment in accordance with Sec. Sec. 158.23 and 
158.24;
    (3) The public agency's reasons for continuing despite any 
objections;
    (4) A description of the proposed amendment;
    (5) Justification, if the amendment involves an increase in the PFC 
amount for a project by more than 25 percent of the original approved 
amount if that amount is $1,000,000 or greater, an increase in the PFC 
amount by any percentage if the original approved amount was less than 
$1,000,000 and the amended approved amount is $1,000,000 or greater, a 
change in the approved project scope, or any increase in the approved 
PFC level to be collected from each passenger.
    (6) A description of how each project meets the requirements of 
Sec. 158.17(b), for each project proposed for an increase of the PFC 
level above $3.00 at a medium or large hub airport;
    (7) A signed statement certifying that the public agency has met the 
requiements of Sec. 158.19, if applicable, for any amendment proposing 
to increase the PFC level above $3.00 at a medium or large hub airport; 
and
    (8) Any other information the Administrator may require.
    (c) The Administrator will approve, partially approve or disapprove 
the amendment request and notify the public agency of the decision 
within 30 days of receipt of the request. If a PFC level of more than 
$3.00 is approved, the Administrator must find the project meets the 
requirements of Sec. Sec. 158.17 and 158.19, if applicable, before the 
public agency can implement the new PFC level.
    (d) The public agency must notify the carriers of any change to the 
FAA's decision with respect to an approved PFC resulting from an 
amendment. The effective date of any new PFC level must be no earlier 
than the first day of a month which is at least 30 days from the date 
the public agency notifies the carriers.

[Doc. No. FAA-2004-17999, 70 FR 14937, Mar. 23, 2005, as amended by 
Amdt. 158-4, 72 FR 28849, May 23, 2007]



Sec. 158.39  Use of excess PFC revenue.

    (a) If the PFC revenue remitted to the public agency, plus interest 
earned thereon, exceeds the allowable cost of the project, the public 
agency must use the excess funds for approved projects or to retire 
outstanding PFC-financed bonds.
    (b) For bond-financed projects, any excess PFC revenue collected 
under debt servicing requirements shall be retained by the public agency 
and used for approved projects or retirement of outstanding PFC-financed 
bonds.
    (c) When the authority to impose a PFC has expired or has been 
terminated, accumulated PFC revenue shall be used for approved projects 
or retirement of outstanding PFC-financed bonds.
    (d) Within 30 days after the authority to impose a PFC has expired 
or been

[[Page 706]]

terminated, the public agency must present a plan to the appropriate FAA 
Airports office to begin using accumulated PFC revenue. The plan must 
include a timetable for submitting any necessary application under this 
part. If the public agency fails to submit such a plan, or if the plan 
is not acceptable to the Administrator, the Administrator may reduce 
Federal airport grant program apportioned funds.

[Docket No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 
72 FR 28849, May 23, 2007]



         Subpart C_Collection, Handling, and Remittance of PFC's



Sec. 158.41  General.

    This subpart contains the requirements for notification, collection, 
handling and remittance of PFC's.



Sec. 158.43  Public agency notification to collect PFC's.

    (a) Following approval of an application to impose a PFC under 
subpart B of this part, the public agency shall notify the air carriers 
and foreign air carriers required to collect PFC's at its airport of the 
Administrator's approval. Each notified carrier shall notify its agents, 
including other issuing carriers, of the collection requirement.
    (b) The notification shall be in writing and contain at a minimum 
the following information:
    (1) The level of PFC to be imposed.
    (2) The total revenue to be collected.
    (3) The charge effective date will always be the first day of the 
month; however, it must be at least 30 days after the date the public 
agency notified the air carriers of the FAA's approval to impose the 
PFC.
    (4) The proposed charge expiration date.
    (5) A copy of the Administrator's notice of approval.
    (6) The address where remittances and reports are to be filed by 
carriers.
    (c) The public agency must notify air carriers required to collect 
PFCs at its airport and the FAA of changes in the charge expiration date 
at least 30 days before the existing charge expiration date or new 
charge expiration date, whichever comes first. Each notified air carrier 
must notify its agents, including other issuing carriers, of such 
changes.
    (d) The public agency shall provide a copy of the notification to 
the appropriate FAA Airports office.

[Docket No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 
72 FR 28849, May 23, 2007]



Sec. 158.45  Collection of PFC's on tickets issued in the U.S.

    (a) On and after the charge effective date, tickets issued in the 
U.S. shall include the required PFC except as provided in paragraphs (c) 
and (d) of this section.
    (1) Issuing carriers shall be responsible for all funds from time of 
collection to remittance.
    (2) The appropriate charge is the PFC in effect at the time the 
ticket is issued.
    (3) Issuing carriers and their agents shall collect PFCs based on 
the itinerary at the time of issuance.
    (i) Any change in itinerary initiated by a passenger that requires 
an adjustment to the amount paid by the passenger is subject to 
collection or refund of the PFC as appropriate.
    (ii) Failure to travel on a nonrefundable or expired ticket is not a 
change in itinerary. If the ticket purchaser is not permitted any fare 
refund on the unused ticket, the ticket purchaser is not permitted a 
refund of any PFC associated with that ticket.
    (b) Issuing carriers and their agents shall note as a separate item 
on each air travel ticket upon which a PFC is shown, the total amount of 
PFC's paid by the passenger and the airports for which the PFC's are 
collected.
    (c) For each one-way trip shown on the complete itinerary of an air 
travel ticket, issuing air carriers and their agents shall collect a PFC 
from a passenger only for the first two airports where PFC's are 
imposed. For each round trip, a PFC shall be collected only for 
enplanements at the first two enplaning airports and the last two 
enplaning airports where PFC's are imposed.
    (d) In addition to the restriction in paragraph (c) of this section, 
issuing carriers and their agents shall not collect PFC's from a 
passenger covered by

[[Page 707]]

any of the other limitations described in Sec. 158.9(a).
    (e) Collected PFC's shall be distributed as noted on the air travel 
ticket.
    (f) Issuing carriers and their agents shall stop collecting the 
PFC's on the charge expiration date stated in a notice from the public 
agency, or as required by the Administrator.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007]



Sec. 158.47  Collection of PFC's on tickets issued outside the U.S.

    (a) For tickets issued outside the U.S., an air carrier or foreign 
air carrier may follow the requirements of either Sec. 158.45 or this 
section, unless the itinerary is for travel wholly within the U.S. Air 
carriers and foreign air carriers must comply with Sec. 158.45 where 
the itinerary is for travel wholly within the U.S. regardless of where 
the ticket is issued.
    (b) Notwithstanding any other provisions of this part, no foreign 
airline is required to collect a PFC on air travel tickets issued on its 
own ticket stock unless it serves a point or points in the U.S.
    (c) If an air carrier or foreign air carrier elects not to comply 
with Sec. 158.45 for tickets issued outside the U.S.--
    (1) The carrier is required to collect PFC's on such tickets only 
for the public agency controlling the last airport at which the 
passenger is enplaned prior to departure from the U.S.
    (2) The carrier may collect the PFC either at the time the ticket is 
issued or at the time the passenger is last enplaned prior to departure 
from the U.S. The carrier may vary the method of collection among its 
flights.
    (3) The carrier shall provide a written record to the passenger that 
a PFC has been collected. Such a record shall appear on or with the air 
travel ticket and shall include the same information as required by 
Sec. 158.45(b), but need not be preprinted on the ticket stock.
    (4) Issuing carriers and their agents shall collect PFCs based on 
the itinerary at the time of issuance.
    (i) Any change in itinerary initiated by a passenger that requires 
an adjustment to the amount paid by the passenger is subject to 
collection or refund of the PFC as appropriate.
    (ii) Failure to travel on a nonrefundable or expired ticket is not a 
change in itinerary. If the ticket purchaser is not permitted any fare 
refund on the unused ticket, the ticket purchaser is not permitted a 
refund of any PFC associated with that ticket.
    (d) With respect to a flight on which the air carrier or foreign air 
carrier chooses to collect the PFC at the time the air travel ticket is 
issued--
    (1) The carrier and its agents shall collect the required PFC on 
tickets issued on or after the charge effective date.
    (2) The carrier is not required to collect PFC's at the time of 
enplanement for tickets sold by other air carriers or foreign air 
carriers or their agents.
    (e) With respect to a flight on which the air carrier or foreign air 
carrier chooses to collect the PFC at the time of enplanement, the 
carrier shall examine the air travel ticket of each passenger enplaning 
at the airport on and after the charge effective date and shall collect 
the PFC from any passenger whose air travel ticket does not include a 
written record indicating that the PFC was collected at the time of 
issuance.
    (f) Collected PFC's shall be distributed as noted on the written 
record provided to the passenger.
    (g) Collecting carriers shall be responsible for all funds from time 
of collection to remittance.
    (h) Collecting carriers and their agents shall stop collecting the 
PFC on the charge expiration date stated in a notice from the public 
agency, or as required by the Administrator.

[Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; 
Amdt. 158-4, 72 FR 28849, May 23, 2007]



Sec. 158.49  Handling of PFC's.

    (a) Collecting carriers shall establish and maintain a financial 
management system to account for PFC's in accordance with the Department 
of Transportation's Uniform System of Accounts and Reports (14 CFR part 
241). For carriers not subject to 14 CFR part 241, such carriers shall 
establish and maintain an accounts payable system to handle PFC revenue 
with subaccounts

[[Page 708]]

for each public agency to which such carrier remits PFC revenue.
    (b) Collecting carriers must account for PFC revenue separately. PFC 
revenue may be commingled with the air carrier's other sources of 
revenue except for covered air carriers discussed in paragraph (c) of 
this section. PFC revenues held by an air carrier or an agent of the air 
carrier after collection are held in trust for the beneficial interest 
of the public agency imposing the PFC. Such air carrier or agent holds 
neither legal nor equitable interest in the PFC revenues except for any 
handling fee or interest collected on unremitted proceeds as authorized 
in Sec. 158.53.
    (c)(1) A covered air carrier must segregate PFC revenue in a 
designated separate PFC account. Regardless of the amount of PFC revenue 
in the covered air carrier's account at the time the bankruptcy petition 
is filed, the covered air carrier must deposit into the separate PFC 
account an amount equal to the average monthly liability for PFCs 
collected under this section by such air carrier or any of its agents.
    (i) The covered air carrier is required to create one PFC account to 
cover all PFC revenue it collects. The designated PFC account is solely 
for PFC transactions and the covered air carrier must make all PFC 
transactions from that PFC account. The covered air carrier is not 
required to create separate PFC accounts for each airport where a PFC is 
imposed.
    (ii) The covered air carrier must transfer PFCs from its general 
accounts into the separate PFC account in an amount equal to the average 
monthly liability for PFCs as the ``PFC reserve.'' The PFC reserve must 
equal a one-month average of the sum of the total PFCs collected by the 
covered air carrier, net of any credits or handling fees allowed by law, 
during the past 12-month period of PFC collections immediately before 
entering bankruptcy.
    (iii) The minimum PFC reserve balance must never fall below the 
fixed amount defined in paragraph (c)(1)(ii) of this section.
    (iv) A covered air carrier may continue to deposit the PFCs it 
collects into its general operating accounts combined with ticket sales 
revenue. However, at least once every business day, the covered air 
carrier must remove all PFC revenue (Daily PFC amount) from those 
accounts and transfer it to the new PFC account. An estimate based on 
\1/30\ of the PFC reserve balance is permitted in substitution of the 
Daily PFC amount.
    (A) In the event a covered air carrier ceases operations while still 
owing PFC remittances, the PFC reserve fund may be used to make those 
remittances. If there is any balance in the PFC reserve fund after all 
PFC remittances are made, that balance will be returned to the covered 
air carrier's general account.
    (B) In the event a covered air carrier emerges from bankruptcy 
protection and ceases to be a covered air carrier, any balance remaining 
in the PFC reserve fund after any outstanding PFC obligations are met 
will be returned to the air carrier's general account.
    (v) If the covered air carrier uses an estimate rather than the 
daily PFC amount, the covered air carrier shall reconcile the estimated 
amount with the actual amount of PFCs collected for the prior month 
(Actual Monthly PFCs). This reconciliation must take place no later than 
the 20th day of the month (or the next business day if the date is not a 
business day). In the event the Actual Monthly PFCs are greater than the 
aggregate estimated PFC amount, the covered air carrier will, within one 
business day of the reconciliation, deposit the difference into the PFC 
account. If the Actual Monthly PFCs are less than the aggregate 
estimated PFC amount, the covered air carrier will be entitled to a 
credit in the amount of the difference to be applied to the daily PFC 
amount due.
    (vi) The covered air carrier is permitted to recalculate and reset 
the PFC reserve and daily PFC amount on each successive anniversary date 
of its bankruptcy petition using the methodology described above.
    (2) If a covered air carrier or its agent fails to segregate PFC 
revenue in violation of paragraph (c)(1) of this section, the trust fund 
status of such revenue shall not be defeated by an inability of any 
party to identify and trace

[[Page 709]]

the precise funds in the accounts of the air carrier.
    (3) A covered air carrier and its agents may not grant to any third 
party any security or other interest in PFC revenue.
    (4) A covered air carrier that fails to comply with any requirement 
of paragraph (c) of this section, or causes an eligible public agency to 
spend funds to recover or retain payment of PFC revenue, must compensate 
that public agency for those cost incurred to recover the PFCs owed.
    (5) The provisions of paragraph (b) of this section that allow the 
commingling of PFCs with other air carrier revenue do not apply to a 
covered air carrier.
    (d) All collecting air carriers must disclose the existence and 
amount of PFC funds regarded as trust funds in their financial 
statements.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28850, May 23, 2007]



Sec. 158.51  Remittance of PFC's.

    Passenger facility charges collected by carriers shall be remitted 
to the public agency on a monthly basis. PFC revenue recorded in the 
accounting system of the carrier, as set forth in Sec. 158.49 of this 
part, shall be remitted to the public agency no later than the last day 
of the following calendar month (or if that date falls on a weekend or 
holiday, the first business day thereafter).



Sec. 158.53  Collection compensation.

    (a) As compensation for collecting, handling, and remitting the PFC 
revenue, the collecting air carrier is entitled to:
    (1) $0.11 of each PFC collected.
    (2) Any interest or other investment return earned on PFC revenue 
between the time of collection and remittance to the public agency.
    (b) A covered air carrier that fails to designate a separate PFC 
account is prohibited from collecting interest on the PFC revenue. Where 
a covered air carrier maintains a separate PFC account in compliance 
with Sec. 158.49(c), it will receive the interest on PFC accounts as 
described in paragraph (a)(2) of this section.
    (c)(1) Collecting air carriers may provide collection cost data 
periodically to the FAA after the agency issues a notice in the Federal 
Register that specifies the information and deadline for filing the 
information. Submission of the information is voluntary. The requested 
information must include data on interest earned by the air carriers on 
PFC revenue and air carrier collection, handling, and remittance costs 
in the following categories:
    (i) Credit card fees;
    (ii) Audit fees;
    (iii) PFC disclosure fees;
    (iv) Reservations costs;
    (v) Passenger service costs;
    (vi) Revenue accounting, data entry, accounts payable, tax, and 
legal fees;
    (vii) Corporate property department costs;
    (viii) Training for reservations agents, ticket agents, and other 
departments;
    (ix) Ongoing carrier information systems costs;
    (x) Ongoing computer reservations systems costs; and
    (xi) Airline Reporting Corporation fees.
    (2) The FAA may determine a new compensation level based on an 
analysis of the data provided under paragraph (c)(1) of this section, if 
the data is submitted by carriers representing at least 75 percent of 
PFCs collected nationwide.
    (3) Any new compensation level determined by the FAA under paragraph 
(c)(2) of this section will replace the level identified in paragraph 
(a)(1) of this section.

[Doc. No. FAA-2006-23730, 72 FR 28850, May 23, 2007; Amdt. 158-4, 72 FR 
31714, June 8, 2007]



              Subpart D_Reporting, Recordkeeping and Audits



Sec. 158.61  General.

    This subpart contains the requirements for reporting, recordkeeping 
and auditing of accounts maintained by collecting carriers and by public 
agencies.

[[Page 710]]



Sec. 158.63  Reporting requirements: Public agency.

    (a) The public agency must provide quarterly reports to air carriers 
collecting PFCs for the public agency with a copy to the appropriate FAA 
Airports Office. The quarterly report must include:
    (1) Actual PFC revenue received from collecting air carriers, 
interest earned, and project expenditures for the quarter;
    (2) Cumulative actual PFC revenue received, interest earned, project 
expenditures, and the amount committed for use on currently approved 
projects, including the quarter;
    (3) The PFC level for each project; and
    (4) Each project's current schedule.
    (b) The report shall be provided on or before the last day of the 
calendar month following the calendar quarter or other period agreed by 
the public agency and collecting carrier.
    (c) For medium and large hub airports, the public agency must 
provide to the FAA, by July 1 of each year, an estimate of PFC revenue 
to be collected for each airport in the following fiscal year.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28851, May 23, 2007]



Sec. 158.65  Reporting requirements: Collecting air carriers.

    (a) Each air carrier collecting PFCs for a public agency must 
provide quarterly reports to the public agency unless otherwise agreed 
by the collecting air carrier and public agency, providing an accounting 
of funds collected and funds remitted.
    (1) Unless otherwise agreed by the collecting air carrier and public 
agency, reports must state:
    (i) The collecting air carrier and airport involved,
    (ii) The total PFC revenue collected,
    (iii) The total PFC revenue refunded to passengers,
    (iv) The collected revenue withheld for reimbursement of expenses 
under Sec. 158.53, and
    (v) The dates and amounts of each remittance for the quarter.
    (2) The report must be filed by the last day of the month following 
the calendar quarter or other period agreed by the collecting carrier 
and public agency for which funds were collected.
    (b) A covered air carrier must provide the FAA with:
    (1) A copy of its quarterly report by the established schedule under 
paragraph (a) of this section; and
    (2) A monthly PFC account statement delivered not later than the 
fifth day of the following month. This monthly statement must include:
    (i) The balance in the account on the first day of the month,
    (ii) The total funds deposited during the month,
    (iii) The total funds disbursed during the month, and
    (iv) The closing balance in the account.

[Doc. No. FAA-2006-23730, 72 FR 28851, May 23, 2007]



Sec. 158.67  Recordkeeping and auditing: Public agency.

    (a) Each public agency shall keep any unliquidated PFC revenue 
remitted to it by collecting carriers on deposit in an interest bearing 
account or in other interest bearing instruments used by the public 
agency's airport capital fund. Interest earned on such PFC revenue shall 
be used, in addition to the principal, to pay the allowable costs of 
PFC-funded projects. PFC revenue may only be commingled with other 
public agency airport capital funds in deposits or interest bearing 
instruments.
    (b) Each public agency shall establish and maintain for each 
approved application a separate accounting record. The accounting record 
shall identify the PFC revenue received from the collecting carriers, 
interest earned on such revenue, the amounts used on each project, and 
the amount reserved for currently approved projects.
    (c) At least annually during the period the PFC is collected, held 
or used, each public agency shall provide for an audit of its PFC 
account. The audit shall be performed by an accredited independent 
public accountant and may be of limited scope. The accountant shall 
express an opinion of the fairness and reasonableness of the public 
agency's procedures for receiving, holding, and using PFC revenue. The 
accountant shall also express an opinion

[[Page 711]]

on whether the quarterly report required under Sec. 158.63 fairly 
represents the net transactions within the PFC account. The audit may 
be--
    (1) Performed specifically for the PFC account; or
    (2) Conducted as part of an audit under Office of Management and 
Budget Circular A-133 (the Single Audit Act of 1984, Pub. L. 98-502, and 
the Single Audit Act Amendments of 1996, Pub. L. 104-156) provided the 
auditor specifically addresses the PFC.
    (3) Upon request, a copy of the audit shall be provided to each 
collecting carrier that remitted PFC revenue to the public agency in the 
period covered by the audit and to the Administrator.

[Docket No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 
72 FR 28851, May 23, 2007]



Sec. 158.69  Recordkeeping and auditing: Collecting carriers.

    (a) Collecting carriers shall establish and maintain for each public 
agency for which they collect a PFC an accounting record of PFC revenue 
collected, remitted, refunded and compensation retained under Sec. 
158.53(a) of this part. The accounting record shall identify the airport 
at which the passengers were enplaned.
    (b) Each collecting carrier that collects more than 50,000 PFC's 
annually shall provide for an audit at least annually of its PFC 
account.
    (1) The audit shall be performed by an accredited independent public 
accountant and may be of limited scope. The accountant shall express an 
opinion on the fairness and reasonableness of the carrier's procedures 
for collecting, holding, and dispersing PFC revenue. The opinion shall 
also address whether the quarterly reports required under Sec. 158.65 
fairly represent the net transactions in the PFC account.
    (2) For the purposes of an audit under this section, collection is 
defined as the point when agents or other intermediaries remit PFC 
revenue to the carrier.
    (3) Upon request, a copy of the audit shall be provided to each 
public agency for which a PFC is collected.



Sec. 158.71  Federal oversight.

    (a) The Administrator may periodically audit and/or review the use 
of PFC revenue by a public agency. The purpose of the audit or review is 
to ensure that the public agency is in compliance with the requirements 
of this part and 49 U.S.C. 40117.
    (b) The Administrator may periodically audit and/or review the 
collection and remittance by the collecting carriers of PFC revenue. The 
purpose of the audit or review is to ensure collecting carriers are in 
compliance with the requirements of this part and 49 U.S.C. 40117.
    (c) Public agencies and carriers shall allow any authorized 
representative of the Administrator, the Secretary of Transportation, or 
the Comptroller General of the U.S., access to any of its books, 
documents, papers, and records pertinent to PFC's

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



                          Subpart E_Termination



Sec. 158.81  General.

    This subpart contains the procedures for termination of PFCs or loss 
of Federal airport grant funds for violations of this part or 49 U.S.C. 
40117. This subpart does not address the circumstances under which the 
authority to collect PFCs may be terminated for violations of 49 U.S.C. 
47523 through 47528.

[Doc. No. FAA-2006-23730, 72 FR 28851, May 23, 2007]



Sec. 158.83  Informal resolution.

    The Administrator shall undertake informal resolution with the 
public agency or any other affected party if, after review under Sec. 
158.71, the Administrator cannot determine that PFC revenue is being 
used for the approved projects in accordance with the terms of the 
Administrator's approval to impose a PFC for those projects or with 49 
U.S.C. 40117.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]

[[Page 712]]



Sec. 158.85  Termination of authority to impose PFC's.

    (a) The FAA begins proceedings to terminate the public agency's 
authority to impose a PFC only if the Administrator determines that 
informal resolution is not successful.
    (b) The Administrator publishes a notice of proposed termination in 
the Federal Register and supplies a copy to the public agency. This 
notice will state the scope of the proposed termination, the basis for 
the proposed action and the date for filing written comments or 
objections by all interested parties. This notice will also identify any 
corrective actions the public agency can take to avoid further 
proceedings. The due date for comments and corrective action shall be no 
less than 60 days after publication of the notice.
    (c) If corrective action has not been taken as prescribed by the 
Administrator, the FAA holds a public hearing, and notice is given to 
the public agency and published in the Federal Register at least 30 days 
prior to the hearing. The hearing will be in a form determined by the 
Administrator to be appropriate to the circumstances and to the matters 
in dispute.
    (d) The Administrator publishes the final decision in the Federal 
Register. Where appropriate, the Administrator may prescribe corrective 
action, including any corrective action the public agency may yet take. 
A copy of the notice is also provided to the public agency.
    (e) Within 10 days of the date of publication of the notice of the 
Administrator's decision, the public agency shall--
    (1) Advise the FAA in writing that it will complete any corrective 
action prescribed in the decision within 30 days; or
    (2) Provide the FAA with a listing of the air carriers and foreign 
air carriers operating at the airport and all other issuing carriers 
that have remitted PFC revenue to the public agency in the preceding 12 
months.
    (f) When the Administrator's decision does not provide for 
corrective action or the public agency fails to complete such action, 
the FAA provides a copy of the Federal Register notice to each air 
carrier and foreign air carrier identified in paragraph (e) of this 
section. Such carriers are responsible for terminating or modifying PFC 
collection no later than 30 days after the date of notification by the 
FAA.



Sec. 158.87  Loss of Federal airport grant funds.

    (a) If the Administrator determines that revenue derived from a PFC 
is excessive or is not being used as approved, the Administrator may 
reduce the amount of funds otherwise payable to the public agency under 
49 U.S.C. 47114. Such a reduction may be made as a corrective action 
under Sec. 158.83 or Sec. 158.85 of this part.
    (b) The amount of the reduction under paragraph (a) of this section 
shall equal the excess collected, or the amount not used in accordance 
with this part.
    (c) A reduction under paragraph (a) of this section shall not 
constitute a withholding of approval of a grant application or the 
payment of funds under an approved grant within the meaning of 49 U.S.C. 
47111(d).

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



    Subpart F_Reduction in Airport Improvement Program Apportionment



Sec. 158.91  General.

    This subpart describes the required reduction in funds apportioned 
to a large or medium hub airport that imposes a PFC.



Sec. 158.93  Public agencies subject to reduction.

    The funds apportioned under 49 U.S.C. 47114 to a public agency for a 
specific primary commercial service airport that it controls are reduced 
if--
    (a) Such airport enplanes 0.25 percent or more of the total annual 
enplanements in the U.S., and
    (b) The public agency imposes a PFC at such airport.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]

[[Page 713]]



Sec. 158.95  Implementation of reduction.

    (a) A reduction in apportioned funds will not take effect until the 
first fiscal year following the year in which the collection of the PFC 
is begun and will be applied in each succeeding fiscal year in which the 
public agency imposes the PFC.
    (b) The reduction in apportioned funds is calculated at the 
beginning of each fiscal year and shall be an amount equal to--
    (1) In the case of a fee of $3 or less, 50 percent of the projected 
revenues from the fee in the fiscal year but not by more than 50 percent 
of the amount that otherwise would be apportioned under this section; 
and
    (2) In the case of a fee of more than $3, 75 percent of the 
projected revenues from the fee in the fiscal year but not by more than 
75 percent of the amount that otherwise would be apportioned under this 
section.
    (c) If the projection of PFC revenue in a fiscal year is inaccurate, 
the reduction in apportioned funds may be increased or decreased in the 
following fiscal year, except that any further reduction shall not cause 
the total reduction to exceed 50 percent of such apportioned amount as 
would otherwise be apportioned in any fiscal year.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000]



                 Sec. Appendix A to Part 158--Assurances

    A. General.
    1. These assurances shall be complied with in the conduct of a 
project funded with passenger facility charge (PFC) revenue.
    2. These assurances are required to be submitted as part of the 
application for approval of authority to impose a PFC under the 
provisions of 49 U.S.C. 40117.
    3. Upon approval by the Administrator of an application, the public 
agency is responsible for compliance with these assurances.
    B. Public agency certification. The public agency hereby assures and 
certifies, with respect to this project that:
    1. Responsibility and authority of the public agency. It has legal 
authority to impose a PFC and to finance and carry out the proposed 
project; that a resolution, motion or similar action has been duly 
adopted or passed as an official act of the public agency's governing 
body authorizing the filing of the application, including all 
understandings and assurances contained therein, and directing and 
authorizing the person identified as the official representative of the 
public agency to act in connection with the application.
    2. Compliance with regulation. It will comply with all provisions of 
14 CFR part 158.
    3. Compliance with state and local laws and regulations. It has 
complied, or will comply, with all applicable State and local laws and 
regulations.
    4. Environmental, airspace and airport layout plan requirements. It 
will not use PFC revenue on a project until the FAA has notified the 
public agency that--
    (a) Any actions required under the National Environmental Policy Act 
of 1969 have been completed;
    (b) The appropriate airspace finding has been made; and
    (c) The FAA Airport Layout Plan with respect to the project has been 
approved.
    5. Nonexclusivity of contractual agreements. It will not enter into 
an exclusive long-term lease or use agreement with an air carrier or 
foreign air carrier for projects funded by PFC revenue. Such leases or 
use agreements will not preclude the public agency from funding, 
developing, or assigning new capacity at the airport with PFC revenue.
    6. Carryover provisions. It will not enter into any lease or use 
agreement with any air carrier or foreign air carrier for any facility 
financed in whole or in part with revenue derived from a passenger 
facility charge if such agreement for such facility contains a carryover 
provision regarding a renewal option which, upon expiration of the 
original lease, would operate to automatically extend the term of such 
agreement with such carrier in preference to any potentially competing 
air carrier or foreign air carrier seeking to negotiate a lease or use 
agreement for such facilities.
    7. Competitive access. It agrees that any lease or use agreements 
between the public agency and any air carrier or foreign air carrier for 
any facility financed in whole or in part with revenue derived from a 
passenger facility charge will contain a provision that permits the 
public agency to terminate the lease or use agreement if--
    (a) The air carrier or foreign air carrier has an exclusive lease or 
use agreement for existing facilities at such airport; and
    (b) Any portion of its existing exclusive use facilities is not 
fully utilized and is not made available for use by potentially 
competing air carriers or foreign air carriers.
    8. Rates, fees and charges.
    (a) It will not treat PFC revenue as airport revenue for the purpose 
of establishing a rate, fee or charge pursuant to a contract with an air 
carrier or foreign air carrier.
    (b) It will not include in its rate base by means of depreciation, 
amortization, or any other method, that portion of the capital

[[Page 714]]

costs of a project paid for by PFC revenue for the purpose of 
establishing a rate, fee or charge pursuant to a contract with an air 
carrier or foreign air carrier.
    (c) Notwithstanding the limitation provided in subparagraph (b), 
with respect to a project for terminal development, gates and related 
areas, or a facility occupied or used by one or more air carriers or 
foreign air carriers on an exclusive or preferential basis, the rates, 
fees, and charges payable by such carriers that use such facilities will 
be no less than the rates, fees, and charges paid by such carriers using 
similar facilities at the airport that were not financed by PFC revenue.
    9. Standards and specifications. It will carry out the project in 
accordance with FAA airport design, construction and equipment standards 
and specifications contained in advisory circulars current on the date 
of project approval.
    10. Recordkeeping and Audit. It will maintain an accounting record 
for audit purposes for 3 years after physical and financial completion 
of the project. All records must satisfy the requirements of 14 CFR part 
158 and contain documentary evidence for all items of project costs.
    11. Reports. It will submit reports in accordance with the 
requirements of 14 CFR part 158, subpart D, and as the Administrator may 
reasonably request.
    12. Compliance with 49 U.S.C. 47523 through 47528. It understands 49 
U.S.C. 47524 and 47526 require that the authority to impose a PFC be 
terminated if the Administrator determines the public agency has failed 
to comply with those sections of the United States Code or with the 
implementing regulations published under the Code.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 
65 FR 34543, May 30, 2000; Amdt. 158-4, 72 FR 28851, May 23, 2007]



PART 161_NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS--Table 

of Contents




                      Subpart A_General Provisions

Sec.
161.1 Purpose.
161.3 Applicability.
161.5 Definitions.
161.7 Limitations.
161.9 Designation of noise description methods.
161.11 Identification of land uses in airport noise study area.

                          Subpart B_Agreements

161.101 Scope.
161.103 Notice of the proposed restriction.
161.105 Requirements for new entrants.
161.107 Implementation of the restriction.
161.109 Notice of termination of restriction pursuant to an agreement.
161.111 Availability of data and comments on a restriction implemented 
          pursuant to an agreement.
161.113 Effect of agreements; limitation on reevaluation.

         Subpart C_Notice Requirements for Stage 2 Restrictions

161.201 Scope.
161.203 Notice of proposed restriction.
161.205 Required analysis of proposed restriction and alternatives.
161.207 Comment by interested parties.
161.209 Requirements for proposal changes.
161.211 Optional use of 14 CFR part 150 procedures.
161.213 Notification of a decision not to implement a restriction.

    Subpart D_Notice, Review, and Approval Requirements for Stage 3 
                              Restrictions

161.301 Scope.
161.303 Notice of proposed restrictions.
161.305 Required analysis and conditions for approval of proposed 
          restrictions.
161.307 Comment by interested parties.
161.309 Requirements for proposal changes.
161.311 Application procedure for approval of proposed restriction.
161.313 Review of application.
161.315 Receipt of complete application.
161.317 Approval or disapproval of proposed restriction.
161.319 Withdrawal or revision of restriction.
161.321 Optional use of 14 CFR part 150 procedures.
161.323 Notification of a decision not to implement a restriction.
161.325 Availability of data and comments on an implemented restriction.

             Subpart E_Reevaluation of Stage 3 Restrictions

161.401 Scope.
161.403 Criteria for reevaluation.
161.405 Request for reevaluation.
161.407 Notice of reevaluation.
161.409 Required analysis by reevaluation petitioner.
161.411 Comment by interested parties.
161.413 Reevaluation procedure.
161.415 Reevaluation action.
161.417 Notification of status of restrictions and agreements not 
          meeting conditions-of-approval criteria.

               Subpart F_Failure To Comply With This Part

161.501 Scope.
161.503 Informal resolution; notice of apparent violation.

[[Page 715]]

161.505 Notice of proposed termination of airport grant funds and 
          passenger facility charges.

    Authority: 49 U.S.C. 106(g), 47523-47527, 47533.

    Source: Docket No. 26432, 56 FR 48698, Sept. 25, 1991, unless 
otherwise noted.



                      Subpart A_General Provisions



Sec. 161.1  Purpose.

    This part implements the Airport Noise and Capacity Act of 1990 (49 
U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes:
    (a) Notice requirements and procedures for airport operators 
implementing Stage 3 aircraft noise and access restrictions pursuant to 
agreements between airport operators and aircraft operators;
    (b) Analysis and notice requirements for airport operators proposing 
Stage 2 aircraft noise and access restrictions;
    (c) Notice, review, and approval requirements for airport operators 
proposing Stage 3 aircraft noise and access restrictions; and
    (d) Procedures for Federal Aviation Administration reevaluation of 
agreements containing restrictions on Stage 3 aircraft operations and of 
aircraft noise and access restrictions affecting Stage 3 aircraft 
operations imposed by airport operators.



Sec. 161.3  Applicability.

    (a) This part applies to airports imposing restrictions on Stage 2 
aircraft operations proposed after October 1, 1990, and to airports 
imposing restrictions on Stage 3 aircraft operations that became 
effective after October 1, 1990.
    (b) This part also applies to airports enacting amendments to 
airport noise and access restrictions in effect on October 1, 1990, but 
amended after that date, where the amendment reduces or limits aircraft 
operations or affects aircraft safety.
    (c) The notice, review, and approval requirements set forth in this 
part apply to all airports imposing noise or access restrictions as 
defined in Sec. 161.5 of this part.



Sec. 161.5  Definitions.

    For the purposes of this part, the following definitions apply:
    Agreement means a document in writing signed by the airport 
operator; those aircraft operators currently operating at the airport 
that would be affected by the noise or access restriction; and all 
affected new entrants planning to provide new air service within 180 
days of the effective date of the restriction that have submitted to the 
airport operator a plan of operations and notice of agreement to the 
restriction.
    Aircraft operator, for purposes of this part, means any owner of an 
aircraft that operates the aircraft, i.e., uses, causes to use, or 
authorizes the use of the aircraft; or in the case of a leased aircraft, 
any lessee that operates the aircraft pursuant to a lease. As used in 
this part, aircraft operator also means any representative of the 
aircraft owner, or in the case of a leased aircraft, any representative 
of the lessee empowered to enter into agreements with the airport 
operator regarding use of the airport by an aircraft.
    Airport means any area of land or water, including any heliport, 
that is used or intended to be used for the landing and takeoff of 
aircraft, and any appurtenant areas that are used or intended to be used 
for airport buildings or other airport facilities or rights-of-way, 
together with all airport buildings and facilities located thereon.
    Airport noise study area means that area surrounding the airport 
within the noise contour selected by the applicant for study and must 
include the noise contours required to be developed for noise exposure 
maps specified in 14 CFR part 150.
    Airport operator means the airport proprietor.
    Aviation user class means the following categories of aircraft 
operators: air carriers operating under parts 121 or 129 of this 
chapter; commuters and other carriers operating under part 135 of this 
chapter; general aviation, military, or government operations.
    Day-night average sound level (DNL) means the 24-hour average sound 
level, in decibels, for the period from midnight to midnight, obtained 
after the addition of ten decibels to sound levels

[[Page 716]]

for the periods between midnight and 7 a.m., and between 10 p.m. and 
midnight, local time, as defined in 14 CFR part 150. (The scientific 
notation for DNL is Ldn).
    Noise or access restrictions means restrictions (including but not 
limited to provisions of ordinances and leases) affecting access or 
noise that affect the operations of Stage 2 or Stage 3 aircraft, such as 
limits on the noise generated on either a single-event or cumulative 
basis; a limit, direct or indirect, on the total number of Stage 2 or 
Stage 3 aircraft operations; a noise budget or noise allocation program 
that includes Stage 2 or Stage 3 aircraft; a restriction imposing limits 
on hours of operations; a program of airport-use charges that has the 
direct or indirect effect of controlling airport noise; and any other 
limit on Stage 2 or Stage 3 aircraft that has the effect of controlling 
airport noise. This definition does not include peak-period pricing 
programs where the objective is to align the number of aircraft 
operations with airport capacity.
    Stage 2 aircraft means an aircraft that has been shown to comply 
with the Stage 2 requirements under 14 CFR part 36.
    Stage 3 aircraft means an aircraft that has been shown to comply 
with the Stage 3 requirements under 14 CFR part 36.

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991, as amended by Amdt. 161-2, 
66 FR 21067, Apr. 27, 2001]



Sec. 161.7  Limitations.

    (a) Aircraft operational procedures that must be submitted for 
adoption by the FAA, such as preferential runway use, noise abatement 
approach and departure procedures and profiles, and flight tracks, are 
not subject to this part. Other noise abatement procedures, such as 
taxiing and engine runups, are not subject to this part unless the 
procedures imposed limit the total number of Stage 2 or Stage 3 aircraft 
operations, or limit the hours of Stage 2 or Stage 3 aircraft 
operations, at the airport.
    (b) The notice, review, and approval requirements set forth in this 
part do not apply to airports with restrictions as specified in 49 
U.S.C. App. 2153(a)(2)(C):
    (1) A local action to enforce a negotiated or executed airport 
aircraft noise or access agreement between the airport operator and the 
aircraft operator in effect on November 5, 1990.
    (2) A local action to enforce a negotiated or executed airport 
aircraft noise or access restriction the airport operator and the 
aircraft operators agreed to before November 5, 1990.
    (3) An intergovernmental agreement including airport aircraft noise 
or access restriction in effect on November 5, 1990.
    (4) A subsequent amendment to an airport aircraft noise or access 
agreement or restriction in effect on November 5, 1990, where the 
amendment does not reduce or limit aircraft operations or affect 
aircraft safety.
    (5) A restriction that was adopted by an airport operator on or 
before October 1, 1990, and that was stayed as of October 1, 1990, by a 
court order or as a result of litigation, if such restriction, or a part 
thereof, is subsequently allowed by a court to take effect.
    (6) In any case in which a restriction described in paragraph (b)(5) 
of this section is either partially or totally disallowed by a court, 
any new restriction imposed by an airport operator to replace such 
disallowed restriction, if such new restriction would not prohibit 
aircraft operations in effect on November 5, 1990.
    (7) A local action that represents the adoption of the final portion 
of a program of a staged airport aircraft noise or access restriction, 
where the initial portion of such program was adopted during calendar 
year 1988 and was in effect on November 5, 1990.
    (c) The notice, review, and approval requirements of subpart D of 
this part with regard to Stage 3 aircraft restrictions do not apply if 
the FAA has, prior to November 5, 1990, formed a working group (outside 
of the process established by 14 CFR part 150) with a local airport 
operator to examine the noise impact of air traffic control procedure 
changes. In any case in which an agreement relating to noise reductions 
at such airport is then entered into between the airport proprietor and 
an air carrier or air carrier constituting a

[[Page 717]]

majority of the air carrier users of such airport, the requirements of 
subparts B and D of this part with respect to restrictions on Stage 3 
aircraft operations do apply to local actions to enforce such 
agreements.
    (d) Except to the extent required by the application of the 
provisions of the Act, nothing in this part eliminates, invalidates, or 
supersedes the following:
    (1) Existing law with respect to airport noise or access 
restrictions by local authorities;
    (2) Any proposed airport noise or access regulation at a general 
aviation airport where the airport proprietor has formally initiated a 
regulatory or legislative process on or before October 1, 1990; and
    (3) The authority of the Secretary of Transportation to seek and 
obtain such legal remedies as the Secretary considers appropriate, 
including injunctive relief.



Sec. 161.9  Designation of noise description methods.

    For purposes of this part, the following requirements apply:
    (a) The sound level at an airport and surrounding areas, and the 
exposure of individuals to noise resulting from operations at an 
airport, must be established in accordance with the specifications and 
methods prescribed under appendix A of 14 CFR part 150; and
    (b) Use of computer models to create noise contours must be in 
accordance with the criteria prescribed under appendix A of 14 CFR part 
150.



Sec. 161.11  Identification of land uses in airport noise study area.

    For the purposes of this part, uses of land that are normally 
compatible or noncompatible with various noise-exposure levels to 
individuals around airports must be identified in accordance with the 
criteria prescribed under appendix A of 14 CFR part 150. Determination 
of land use must be based on professional planning, zoning, and building 
and site design information and expertise.



                          Subpart B_Agreements



Sec. 161.101  Scope.

    (a) This subpart applies to an airport operator's noise or access 
restriction on the operation of Stage 3 aircraft that is implemented 
pursuant to an agreement between an airport operator and all aircraft 
operators affected by the proposed restriction that are serving or will 
be serving such airport within 180 days of the date of the proposed 
restriction.
    (b) For purposes of this subpart, an agreement shall be in writing 
and signed by:
    (1) The airport operator;
    (2) Those aircraft operators currently operating at the airport who 
would be affected by the noise or access restriction; and
    (3) All new entrants that have submitted the information required 
under Sec. 161.105(a) of this part.
    (c) This subpart does not apply to restrictions exempted in Sec. 
161.7 of this part.
    (d) This subpart does not limit the right of an airport operator to 
enter into an agreement with one or more aircraft operators that 
restricts the operation of Stage 2 or Stage 3 aircraft as long as the 
restriction is not enforced against aircraft operators that are not 
party to the agreement. Such an agreement is not covered by this subpart 
except that an aircraft operator may apply for sanctions pursuant to 
subpart F of this part for restrictions the airport operator seeks to 
impose other than those in the agreement.



Sec. 161.103  Notice of the proposed restriction.

    (a) An airport operator may not implement a Stage 3 restriction 
pursuant to an agreement with all affected aircraft operators unless 
there has been public notice and an opportunity for comment as 
prescribed in this subpart.
    (b) In order to establish a restriction in accordance with this 
subpart, the airport operator shall, at least 45 days before 
implementing the restriction, publish a notice of the proposed 
restriction in an areawide newspaper or newspapers that either singly or 
together has general circulation throughout the airport vicinity or 
airport

[[Page 718]]

noise study area, if one has been delineated; post a notice in the 
airport in a prominent location accessible to airport users and the 
public; and directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at the airport; affected operators of aircraft based at the 
airport; potential new entrants that are known to be interested in 
serving the airport; and aircraft operators known to be routinely 
providing non-scheduled service;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land use control 
jurisdiction within the vicinity of the airport, or the airport noise 
study area, if one has been delineated;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and
    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.
    (c) Each direct notice provided in accordance with paragraph (b) of 
this section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction, 
including sanctions for noncompliance and a statement that it will be 
implemented pursuant to a signed agreement;
    (3) A brief discussion of the specific need for and goal of the 
proposed restriction;
    (4) Identification of the operators and the types of aircraft 
expected to be affected;
    (5) The proposed effective date of the restriction and any proposed 
enforcement mechanism;
    (6) An invitation to comment on the proposed restriction, with a 
minimum 45-day comment period;
    (7) Information on how to request copies of the restriction portion 
of the agreement, including any sanctions for noncompliance;
    (8) A notice to potential new entrant aircraft operators that are 
known to be interested in serving the airport of the requirements set 
forth in Sec. 161.105 of this part; and
    (9) Information on how to submit a new entrant application, 
comments, and the address for submitting applications and comments to 
the airport operator, including identification of a contact person at 
the airport.
    (d) The Federal Aviation Administration will publish an announcement 
of the proposed restriction in the Federal Register.

[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 
1991]



Sec. 161.105  Requirements for new entrants.

    (a) Within 45 days of the publication of the notice of a proposed 
restriction by the airport operator under Sec. 161.103(b) of this part, 
any person intending to provide new air service to the airport within 
180 days of the proposed date of implementation of the restriction (as 
evidenced by submission of a plan of operations to the airport operator) 
must notify the airport operator if it would be affected by the 
restriction contained in the proposed agreement, and either that it--
    (1) Agrees to the restriction; or
    (2) Objects to the restriction.
    (b) Failure of any person described in Sec. 161.105(a) of this part 
to notify the airport operator that it objects to the proposed 
restriction will constitute waiver of the right to claim that it did not 
consent to the agreement and render that person ineligible to use lack 
of signature as ground to apply for sanctions under subpart F of this 
part for two years following the effective date of the restriction. The 
signature of such a person need not be obtained by the airport operator 
in order to comply with Sec. 161.107(a) of this part.
    (c) All other new entrants are also ineligible to use lack of 
signature as ground to apply for sanctions under subpart F of this part 
for two years.



Sec. 161.107  Implementation of the restriction.

    (a) To be eligible to implement a Stage 3 noise or access 
restriction under this subpart, an airport operator shall have the 
restriction contained in an agreement as defined in Sec. 161.101(b) of 
this part.
    (b) An airport operator may not implement a restriction pursuant to 
an

[[Page 719]]

agreement until the notice and comment requirements of Sec. 161.103 of 
this part have been met.
    (c) Each airport operator must notify the Federal Aviation 
Administration of the implementation of a restriction pursuant to an 
agreement and must include in the notice evidence of compliance with 
Sec. 161.103 and a copy of the signed agreement.



Sec. 161.109  Notice of termination of restriction pursuant to an agreement.

    An airport operator must notify the FAA within 10 days of the date 
of termination of a restriction pursuant to an agreement under this 
subpart.



Sec. 161.111  Availability of data and comments on a restriction implemented 

pursuant to an agreement.

    The airport operator shall retain all relevant supporting data and 
all comments relating to a restriction implemented pursuant to an 
agreement for as long as the restriction is in effect. The airport 
operator shall make these materials available for inspection upon 
request by the FAA. The information shall be made available for 
inspection by any person during the pendency of any petition for 
reevaluation found justified by the FAA.



Sec. 161.113  Effect of agreements; limitation on reevaluation.

    (a) Except as otherwise provided in this subpart, a restriction 
implemented by an airport operator pursuant to this subpart shall have 
the same force and effect as if it had been a restriction implemented in 
accordance with subpart D of this part.
    (b) A restriction implemented by an airport operator pursuant to 
this subpart may be subject to reevaluation by the FAA under subpart E 
of this part.



         Subpart C_Notice Requirements for Stage 2 Restrictions



Sec. 161.201  Scope.

    (a) This subpart applies to:
    (1) An airport imposing a noise or access restriction on the 
operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after 
October 1, 1990.
    (2) An airport imposing an amendment to a Stage 2 restriction, if 
the amendment is proposed after October 1, 1990, and reduces or limits 
Stage 2 aircraft operations (compared to the restriction that it amends) 
or affects aircraft safety.
    (b) This subpart does not apply to an airport imposing a Stage 2 
restriction specifically exempted in Sec. 161.7 or a Stage 2 
restriction contained in an agreement as long as the restriction is not 
enforced against aircraft operators that are not parties to the 
agreement.



Sec. 161.203  Notice of proposed restriction.

    (a) An airport operator may not implement a Stage 2 restriction 
within the scope of Sec. 161.201 unless the airport operator provides 
an analysis of the proposed restriction, prepared in accordance with 
Sec. 161.205, and a public notice and opportunity for comment as 
prescribed in this subpart. The notice and analysis required by this 
subpart shall be completed at least 180 days prior to the effective date 
of the restriction.
    (b) Except as provided in Sec. 161.211, an airport operator must 
publish a notice of the proposed restriction in an areawide newspaper or 
newspapers that either singly or together has general circulation 
throughout the airport noise study area; post a notice in the airport in 
a prominent location accessible to airport users and the public; and 
directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at the airport; operators of aircraft based at the airport; 
potential new entrants that are known to be interested in serving the 
airport; and aircraft operators known to be routinely providing 
nonscheduled service that may be affected by the proposed restriction;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land-use control 
jurisdiction within the airport noise study area;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and

[[Page 720]]

    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.
    (c) Each notice provided in accordance with paragraph (b) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction, 
including a statement that it will be a mandatory Stage 2 restriction, 
and where the complete text of the restriction, and any sanctions for 
noncompliance, are available for public inspection;
    (3) A brief discussion of the specific need for, and goal of, the 
restriction;
    (4) Identification of the operators and the types of aircraft 
expected to be affected;
    (5) The proposed effective date of the restriction, the proposed 
method of implementation (e.g., city ordinance, airport rule, lease), 
and any proposed enforcement mechanism;
    (6) An analysis of the proposed restriction, as required by Sec. 
161.205 of this subpart, or an announcement of where the analysis is 
available for public inspection;
    (7) An invitation to comment on the proposed restriction and 
analysis, with a minimum 45-day comment period;
    (8) Information on how to request copies of the complete text of the 
proposed restriction, including any sanctions for noncompliance, and the 
analysis (if not included with the notice); and
    (9) The address for submitting comments to the airport operator, 
including identification of a contact person at the airport.
    (d) At the time of notice, the airport operator shall provide the 
FAA with a full text of the proposed restriction, including any 
sanctions for noncompliance.
    (e) The Federal Aviation Administration will publish an announcement 
of the proposed Stage 2 restriction in the Federal Register.



Sec. 161.205  Required analysis of proposed restriction and alternatives.

    (a) Each airport operator proposing a noise or access restriction on 
Stage 2 aircraft operations shall prepare the following and make it 
available for public comment:
    (1) An analysis of the anticipated or actual costs and benefits of 
the proposed noise or access restriction;
    (2) A description of alternative restrictions; and
    (3) A description of the alternative measures considered that do not 
involve aircraft restrictions, and a comparison of the costs and 
benefits of such alternative measures to costs and benefits of the 
proposed noise or access restriction.
    (b) In preparing the analyses required by this section, the airport 
operator shall use the noise measurement systems and identify the 
airport noise study area as specified in Sec. Sec. 161.9 and 161.11, 
respectively; shall use currently accepted economic methodology; and 
shall provide separate detail on the costs and benefits of the proposed 
restriction with respect to the operations of Stage 2 aircraft weighing 
less than 75,000 pounds if the restriction applies to this class. The 
airport operator shall specify the methods used to analyze the costs and 
benefits of the proposed restriction and the alternatives.
    (c) The kinds of information set forth in Sec. 161.305 are useful 
elements of an adequate analysis of a noise or access restriction on 
Stage 2 aircraft operations.



Sec. 161.207  Comment by interested parties.

    Each airport operator shall establish a public docket or similar 
method for receiving and considering comments, and shall make comments 
available for inspection by interested parties upon request. Comments 
must be retained as long as the restriction is in effect.



Sec. 161.209  Requirements for proposal changes.

    (a) Each airport operator shall promptly advise interested parties 
of any changes to a proposed restriction, including changes that affect 
noncompatible land uses, and make available any changes to the proposed 
restriction and its analysis. Interested parties include those that 
received direct notice under Sec. 161.203(b), or those that were 
required to be consulted in accordance with the procedures in

[[Page 721]]

Sec. 161.211 of this part, and those that have commented on the 
proposed restriction.
    (b) If there are substantial changes to the proposed restriction or 
the analysis during the 180-day notice period, the airport operator 
shall initiate new notice following the procedures in Sec. 161.203 or, 
alternatively, the procedures in Sec. 161.211. A substantial change 
includes, but is not limited to, a proposal that would increase the 
burden on any aviation user class.
    (c) In addition to the information in Sec. 161.203(c), new notice 
must indicate that the airport operator is revising a previous notice, 
provide the reason for making the revision, and provide a new effective 
date (if any) for the restriction. The effective date of the restriction 
must be at least 180 days after the date the new notice and revised 
analysis are made available for public comment.



Sec. 161.211  Optional use of 14 CFR part 150 procedures.

    (a) An airport operator may use the procedures in part 150 of this 
chapter, instead of the procedures described in Sec. Sec. 161.203(b) 
and 161.209(b), as a means of providing an adequate public notice and 
comment opportunity on a proposed Stage 2 restriction.
    (b) If the airport operator elects to use 14 CFR part 150 procedures 
to comply with this subpart, the operator shall:
    (1) Ensure that all parties identified for direct notice under Sec. 
161.203(b) are notified that the airport's 14 CFR part 150 program will 
include a proposed Stage 2 restriction under part 161, and that these 
parties are offered the opportunity to participate as consulted parties 
during the development of the 14 CFR part 150 program;
    (2) Provide the FAA with a full text of the proposed restriction, 
including any sanctions for noncompliance, at the time of the notice;
    (3) Include the information in Sec. 161.203 (c)(2) through (c)(5) 
and 161.205 in the analysis of the proposed restriction for the part 14 
CFR part 150 program;
    (4) Wait 180 days following the availability of the above analysis 
for review by the consulted parties and compliance with the above notice 
requirements before implementing the Stage 2 restriction; and
    (5) Include in its 14 CFR part 150 submission to the FAA evidence of 
compliance with paragraphs (b)(1) and (b)(4) of this section, and the 
analysis in paragraph (b)(3) of this section, together with a clear 
identification that the 14 CFR part 150 program includes a proposed 
Stage 2 restriction under part 161.
    (c) The FAA determination on the 14 CFR part 150 submission does not 
constitute approval or disapproval of the proposed Stage 2 restriction 
under part 161.
    (d) An amendment of a restriction may also be processed under 14 CFR 
part 150 procedures in accordance with this section.



Sec. 161.213  Notification of a decision not to implement a restriction.

    If a proposed restriction has been through the procedures prescribed 
in this subpart and the restriction is not subsequently implemented, the 
airport operator shall so advise the interested parties. Interested 
parties are described in Sec. 161.209(a).



    Subpart D_Notice, Review, and Approval Requirements for Stage 3 
                              Restrictions



Sec. 161.301  Scope.

    (a) This subpart applies to:
    (1) An airport imposing a noise or access restriction on the 
operation of Stage 3 aircraft that first became effective after October 
1, 1990.
    (2) An airport imposing an amendment to a Stage 3 restriction, if 
the amendment becomes effective after October 1, 1990, and reduces or 
limits Stage 3 aircraft operations (compared to the restriction that it 
amends) or affects aircraft safety.
    (b) This subpart does not apply to an airport imposing a Stage 3 
restriction specifically exempted in Sec. 161.7, or an agreement 
complying with subpart B of this part.
    (c) A Stage 3 restriction within the scope of this subpart may not 
become effective unless it has been submitted to and approved by the 
FAA. The FAA will review only those Stage 3 restrictions that are 
proposed by, or on behalf

[[Page 722]]

of, an entity empowered to implement the restriction.



Sec. 161.303  Notice of proposed restrictions.

    (a) Each airport operator or aircraft operator (hereinafter referred 
to as applicant) proposing a Stage 3 restriction shall provide public 
notice and an opportunity for public comment, as prescribed in this 
subpart, before submitting the restriction to the FAA for review and 
approval.
    (b) Except as provided in Sec. 161.321, an applicant shall publish 
a notice of the proposed restriction in an areawide newspaper or 
newspapers that either singly or together has general circulation 
throughout the airport noise study area; post a notice in the airport in 
a prominent location accessible to airport users and the public; and 
directly notify in writing the following parties:
    (1) Aircraft operators providing scheduled passenger or cargo 
service at the airport; operators of aircraft based at the airport; 
potential new entrants that are known to be interested in serving the 
airport; and aircraft operators known to be routinely providing 
nonscheduled service that may be affected by the proposed restriction;
    (2) The Federal Aviation Administration;
    (3) Each Federal, state, and local agency with land-use control 
jurisdiction within the airport noise study area;
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the proposed restriction; and
    (5) Community groups and business organizations that are known to be 
interested in the proposed restriction.
    (c) Each notice provided in accordance with paragraph (b) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the proposed restriction (and 
any alternatives, in order of preference), including a statement that it 
will be a mandatory Stage 3 restriction; and where the complete text of 
the restriction, and any sanctions for noncompliance, are available for 
public inspection;
    (3) A brief discussion of the specific need for, and goal of, the 
restriction;
    (4) Identification of the operators and types of aircraft expected 
to be affected;
    (5) The proposed effective date of the restriction, the proposed 
method of implementation (e.g., city ordinance, airport rule, lease, or 
other document), and any proposed enforcement mechanism;
    (6) An analysis of the proposed restriction, in accordance with 
Sec. 161.305 of this part, or an announcement regarding where the 
analysis is available for public inspection;
    (7) An invitation to comment on the proposed restriction and the 
analysis, with a minimum 45-day comment period;
    (8) Information on how to request a copy of the complete text of the 
restriction, including any sanctions for noncompliance, and the analysis 
(if not included with the notice); and
    (9) The address for submitting comments to the airport operator or 
aircraft operator proposing the restriction, including identification of 
a contact person.
    (d) Applicants may propose alternative restrictions, including 
partial implementation of any proposal, and indicate an order of 
preference. If alternative restriction proposals are submitted, the 
requirements listed in paragraphs (c)(2) through (c)(6) of this section 
should address the alternative proposals where appropriate.



Sec. 161.305  Required analysis and conditions for approval of proposed 

restrictions.

    Each applicant proposing a noise or access restriction on Stage 3 
operations shall prepare and make available for public comment an 
analysis that supports, by substantial evidence, that the six statutory 
conditions for approval have been met for each restriction and any 
alternatives submitted. The statutory conditions are set forth in 49 
U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed 
restriction (including alternatives) on Stage 3 aircraft operations that 
also affects the operation of Stage 2 aircraft must include analysis of 
the proposals in a manner that permits the

[[Page 723]]

proposal to be understood in its entirety. (Nothing in this section is 
intended to add a requirement for the issuance of restrictions on Stage 
2 aircraft to those of subpart C of this part.) The applicant shall 
provide:
    (a) The complete text of the proposed restriction and any submitted 
alternatives, including the proposed wording in a city ordinance, 
airport rule, lease, or other document, and any sanctions for 
noncompliance;
    (b) Maps denoting the airport geographic boundary, and the 
geographic boundaries and names of each jurisdiction that controls land 
use within the airport noise study area;
    (c) An adequate environmental assessment of the proposed restriction 
or adequate information supporting a categorical exclusion in accordance 
with FAA orders and procedures regarding compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321);
    (d) A summary of the evidence in the submission supporting the six 
statutory conditions for approval; and
    (e) An analysis of the restriction, demonstrating by substantial 
evidence that the statutory conditions are met. The analysis must:
    (1) Be sufficiently detailed to allow the FAA to evaluate the merits 
of the proposed restriction; and
    (2) Contain the following essential elements needed to provide 
substantial evidence supporting each condition for approval:
    (i) Condition 1: The restriction is reasonable, nonarbitrary, and 
nondiscriminatory. (A) Essential information needed to demonstrate this 
condition includes the following:
    (1) Evidence that a current or projected noise or access problem 
exists, and that the proposed action(s) could relieve the problem, 
including:
    (i) A detailed description of the problem precipitating the proposed 
restriction with relevant background information on factors contributing 
to the proposal and any court-ordered action or estimated liability 
concerns; a description of any noise agreements or noise or access 
restrictions currently in effect at the airport; and measures taken to 
achieve land-use compatibility, such as controls or restrictions on land 
use in the vicinity of the airport and measures carried out in response 
to 14 CFR part 150; and actions taken to comply with grant assurances 
requiring that:
    (A) Airport development projects be reasonably consistent with plans 
of public agencies that are authorized to plan for the development of 
the area around the airport; and
    (B) The sponsor give fair consideration to the interests of 
communities in or near where the project may be located; take 
appropriate action, including the adoption of zoning laws, to the extent 
reasonable, to restrict the use of land near the airport to activities 
and purposes compatible with normal airport operations; and not cause or 
permit any change in land use, within its jurisdiction, that will reduce 
the compatibility (with respect to the airport) of any noise 
compatibility program measures upon which federal funds have been 
expended.
    (ii) An analysis of the estimated noise impact of aircraft 
operations with and without the proposed restriction for the year the 
restriction is expected to be implemented, for a forecast timeframe 
after implementation, and for any other years critical to understanding 
the noise impact of the proposed restriction. The analysis of noise 
impact with and without the proposed restriction including:
    (A) Maps of the airport noise study area overlaid with noise 
contours as specified in Sec. Sec. 161.9 and 161.11 of this part;
    (B) The number of people and the noncompatible land uses within the 
airport noise study area with and without the proposed restriction for 
each year the noise restriction is analyzed;
    (C) Technical data supporting the noise impact analysis, including 
the classes of aircraft, fleet mix, runway use percentage, and day/night 
breakout of operations; and
    (D) Data on current and projected airport activity that would exist 
in the absence of the proposed restriction.
    (2) Evidence that other available remedies are infeasible or would 
be less cost-effective, including descriptions of any alternative 
aircraft restrictions that have been considered and rejected, and the 
reasons for the rejection; and

[[Page 724]]

of any land use or other nonaircraft controls or restrictions that have 
been considered and rejected, including those proposed under 14 CFR part 
150 and not implemented, and the reasons for the rejection or failure to 
implement.
    (3) Evidence that the noise or access standards are the same for all 
aviation user classes or that the differences are justified, such as:
    (i) A description of the relationship of the effect of the proposed 
restriction on airport users (by aviation user class); and
    (ii) The noise attributable to these users in the absence of the 
proposed restriction.
    (B) At the applicant's discretion, information may also be submitted 
as follows:
    (1) Evidence not submitted under paragraph (e)(2)(ii)(A) of this 
section (Condition 2) that there is a reasonable chance that expected 
benefits will equal or exceed expected cost; for example, comparative 
economic analyses of the costs and benefits of the proposed restriction 
and aircraft and nonaircraft alternative measures. For detailed elements 
of analysis, see paragraph (e)(2)(ii)(A) of this section.
    (2) Evidence not submitted under paragraph (e)(2)(ii)(A) of this 
section that the level of any noise-based fees that may be imposed 
reflects the cost of mitigating noise impacts produced by the aircraft, 
or that the fees are reasonably related to the intended level of noise 
impact mitigation.
    (ii) Condition 2: The restriction does not create an undue burden on 
interstate or foreign commerce. (A) Essential information needed to 
demonstrate this statutory condition includes:
    (1) Evidence, based on a cost-benefit analysis, that the estimated 
potential benefits of the restriction have a reasonable chance to exceed 
the estimated potential cost of the adverse effects on interstate and 
foreign commerce. In preparing the economic analysis required by this 
section, the applicant shall use currently accepted economic 
methodology, specify the methods used and assumptions underlying the 
analysis, and consider:
    (i) The effect of the proposed restriction on operations of aircraft 
by aviation user class (and for air carriers, the number of operations 
of aircraft by carrier), and on the volume of passengers and cargo for 
the year the restriction is expected to be implemented and for the 
forecast timeframe.
    (ii) The estimated costs of the proposed restriction and alternative 
nonaircraft restrictions including the following, as appropriate:
    (A) Any additional cost of continuing aircraft operations under the 
restriction, including reasonably available information concerning any 
net capital costs of acquiring or retrofitting aircraft (net of salvage 
value and operating efficiencies) by aviation user class; and any 
incremental recurring costs;
    (B) Costs associated with altered or discontinued aircraft 
operations, such as reasonably available information concerning loss to 
carriers of operating profits; decreases in passenger and shipper 
consumer surplus by aviation user class; loss in profits associated with 
other airport services or other entities: and/or any significant 
economic effect on parties other than aviation users.
    (C) Costs associated with implementing nonaircraft restrictions or 
nonaircraft components of restrictions, such as reasonably available 
information concerning estimates of capital costs for real property, 
including redevelopment, soundproofing, noise easements, and purchase of 
property interests; and estimates of associated incremental recurring 
costs; or an explanation of the legal or other impediments to 
implementing such restrictions.
    (D) Estimated benefits of the proposed restriction and alternative 
restrictions that consider, as appropriate, anticipated increase in real 
estate values and future construction cost (such as sound insulation) 
savings; anticipated increase in airport revenues; quantification of the 
noise benefits, such as number of people removed from noise contours and 
improved work force and/or educational productivity, if any; valuation 
of positive safety effects, if any; and/or other qualitative benefits, 
including improvements in quality of life.

[[Page 725]]

    (B) At the applicant's discretion, information may also be submitted 
as follows:
    (1) Evidence that the affected carriers have a reasonable chance to 
continue service at the airport or at other points in the national 
airport system.
    (2) Evidence that other air carriers are able to provide adequate 
service to the airport and other points in the system without 
diminishing competition.
    (3) Evidence that comparable services or facilities are available at 
another airport controlled by the airport operator in the market area, 
including services available at other airports.
    (4) Evidence that alternative transportation service can be attained 
through other means of transportation.
    (5) Information on the absence of adverse evidence or adverse 
comments with respect to undue burden in the notice process required in 
Sec. 161.303, or alternatively in Sec. 161.321, of this part as 
evidence that there is no undue burden.
    (iii) Condition 3: The proposed restriction maintains safe and 
efficient use of the navigable airspace. Essential information needed to 
demonstrate this statutory condition includes evidence that the proposed 
restriction maintains safe and efficient use of the navigable airspace 
based upon:
    (A) Identification of airspace and obstacles to navigation in the 
vicinity of the airport; and
    (B) An analysis of the effects of the proposed restriction with 
respect to use of airspace in the vicinity of the airport, 
substantiating that the restriction maintains or enhances safe and 
efficient use of the navigable airspace. The analysis shall include a 
description of the methods and data used.
    (iv) Condition 4: The proposed restriction does not conflict with 
any existing Federal statute or regulation. Essential information needed 
to demonstrate this condition includes evidence demonstrating that no 
conflict is presented between the proposed restriction and any existing 
Federal statute or regulation, including those governing:
    (A) Exclusive rights;
    (B) Control of aircraft operations; and
    (C) Existing Federal grant agreements.
    (v) Condition 5: The applicant has provided adequate opportunity for 
public comment on the proposed restriction. Essential information needed 
to demonstrate this condition includes evidence that there has been 
adequate opportunity for public comment on the restriction as specified 
in Sec. 161.303 or Sec. 161.321 of this part.
    (vi) Condition 6: The proposed restriction does not create an undue 
burden on the national aviation system. Essential information needed to 
demonstrate this condition includes evidence that the proposed 
restriction does not create an undue burden on the national aviation 
system such as:
    (A) An analysis demonstrating that the proposed restriction does not 
have a substantial adverse effect on existing or planned airport system 
capacity, on observed or forecast airport system congestion and aircraft 
delay, and on airspace system capacity or workload;
    (B) An analysis demonstrating that nonaircraft alternative measures 
to achieve the same goals as the proposed subject restrictions are 
inappropriate;
    (C) The absence of comments with respect to imposition of an undue 
burden on the national aviation system in response to the notice 
required in Sec. 161.303 or Sec. 161.321.



Sec. 161.307  Comment by interested parties.

    (a) Each applicant proposing a restriction shall establish a public 
docket or similar method for receiving and considering comments, and 
shall make comments available for inspection by interested parties upon 
request. Comments must be retained as long as the restriction is in 
effect.
    (b) Each applicant shall submit to the FAA a summary of any comments 
received. Upon request by the FAA, the applicant shall submit copies of 
the comments.



Sec. 161.309  Requirements for proposal changes.

    (a) Each applicant shall promptly advise interested parties of any 
changes to a proposed restriction or alternative restriction that are 
not encompassed in the proposals submitted, including changes that 
affect noncompatible land

[[Page 726]]

uses or that take place before the effective date of the restriction, 
and make available these changes to the proposed restriction and its 
analysis. For the purpose of this paragraph, interested parties include 
those who received direct notice under Sec. 161.303(b) of this part, or 
those who were required to be consulted in accordance with the 
procedures in Sec. 161.321 of this part, and those who commented on the 
proposed restriction.
    (b) If there are substantial changes to a proposed restriction or 
the analysis made available prior to the effective date of the 
restriction, the applicant proposing the restriction shall initiate new 
notice in accordance with the procedures in Sec. 161.303 or, 
alternatively, the procedures in Sec. 161.321. These requirements apply 
to substantial changes that are not encompassed in submitted alternative 
restriction proposals and their analyses. A substantial change to a 
restriction includes, but is not limited to, any proposal that would 
increase the burden on any aviation user class.
    (c) In addition to the information in Sec. 161.303(c), a new notice 
must indicate that the applicant is revising a previous notice, provide 
the reason for making the revision, and provide a new effective date (if 
any) for the restriction.
    (d) If substantial changes requiring a new notice are made during 
the FAA's 180-day review of the proposed restriction, the applicant 
submitting the proposed restriction shall notify the FAA in writing that 
it is withdrawing its proposal from the review process until it has 
completed additional analysis, public review, and documentation of the 
public review. Resubmission to the FAA will restart the 180-day review.



Sec. 161.311  Application procedure for approval of proposed restriction.

    Each applicant proposing a Stage 3 restriction shall submit to the 
FAA the following information for each restriction and alternative 
restriction submitted, with a request that the FAA review and approve 
the proposed Stage 3 noise or access restriction:
    (a) A summary of evidence of the fulfillment of conditions for 
approval, as specified in Sec. 161.305;
    (b) An analysis as specified in Sec. 161.305, as appropriate to the 
proposed restriction;
    (c) A statement that the entity submitting the proposal is the party 
empowered to implement the restriction, or is submitting the proposal on 
behalf of such party; and
    (d) A statement as to whether the airport requests, in the event of 
disapproval of the proposed restriction or any alternatives, that the 
FAA approve any portion of the restriction or any alternative that meets 
the statutory requirements for approval. An applicant requesting partial 
approval of any proposal should indicate its priorities as to portions 
of the proposal to be approved.



Sec. 161.313  Review of application.

    (a) Determination of completeness. The FAA, within 30 days of 
receipt of an application, will determine whether the application is 
complete in accordance with Sec. 161.311. Determinations of 
completeness will be made on all proposed restrictions and alternatives. 
This completeness determination is not an approval or disapproval of the 
proposed restriction.
    (b) Process for complete application. When the FAA determines that a 
complete application has been submitted, the following procedures apply:
    (1) The FAA notifies the applicant that it intends to act on the 
proposed restriction and publishes notice of the proposed restriction in 
the Federal Register in accordance with Sec. 161.315. The 180-day 
period for approving or disapproving the proposed restriction will start 
on the date of original FAA receipt of the application.
    (2) Following review of the application, public comments, and any 
other information obtained under Sec. 161.317(b), the FAA will issue a 
decision approving or disapproving the proposed restriction. This 
decision is a final decision of the Administrator for purpose of 
judicial review.
    (c) Process for incomplete application. If the FAA determines that 
an application is not complete with respect to any submitted restriction 
or alternative restriction, the following procedures apply:

[[Page 727]]

    (1) The FAA shall notify the applicant in writing, returning the 
application and setting forth the type of information and analysis 
needed to complete the application in accordance with Sec. 161.311.
    (2) Within 30 days after the receipt of this notice, the applicant 
shall advise the FAA in writing whether or not it intends to resubmit 
and supplement its application.
    (3) If the applicant does not respond in 30 days, or advises the FAA 
that it does not intend to resubmit and/or supplement the application, 
the application will be denied. This closes the matter without prejudice 
to later application and does not constitute disapproval of the proposed 
restriction.
    (4) If the applicant chooses to resubmit and supplement the 
application, the following procedures apply:
    (i) Upon receipt of the resubmitted application, the FAA determines 
whether the application, as supplemented, is complete as set forth in 
paragraph (a) of this section.
    (ii) If the application is complete, the procedures set forth in 
Sec. 161.315 shall be followed. The 180-day review period starts on the 
date of receipt of the last supplement to the application.
    (iii) If the application is still not complete with respect to the 
proposed restriction or at least one submitted alternative, the FAA so 
advises the applicant as set forth in paragraph (c)(1) of this section 
and provides the applicant with an additional opportunity to supplement 
the application as set forth in paragraph (c)(2) of this section.
    (iv) If the environmental documentation (either an environmental 
assessment or information supporting a categorical exclusion) is 
incomplete, the FAA will so notify the applicant in writing, returning 
the application and setting forth the types of information and analysis 
needed to complete the documentation. The FAA will continue to return an 
application until adequate environmental documentation is provided. When 
the application is determined to be complete, including the 
environmental documentation, the 180-day period for approval or 
disapproval will begin upon receipt of the last supplement to the 
application.
    (v) Following review of the application and its supplements, public 
comments, and any other information obtained under Sec. 161.317(b), the 
FAA will issue a decision approving or disapproving the application. 
This decision is a final decision of the Administrator for the purpose 
of judicial review.
    (5) The FAA will deny the application and return it to the applicant 
if:
    (i) None of the proposals submitted are found to be complete;
    (ii) The application has been returned twice to the applicant for 
reasons other than completion of the environmental documentation; and
    (iii) The applicant declines to complete the application. This 
closes the matter without prejudice to later application, and does not 
constitute disapproval of the proposed restriction.



Sec. 161.315  Receipt of complete application.

    (a) When a complete application has been received, the FAA will 
notify the applicant by letter that the FAA intends to act on the 
application.
    (b) The FAA will publish notice of the proposed restriction in the 
Federal Register, inviting interested parties to file comments on the 
application within 30 days after publication of the Federal Register 
notice.



Sec. 161.317  Approval or disapproval of proposed restriction.

    (a) Upon determination that an application is complete with respect 
to at least one of the proposals submitted by the applicant, the FAA 
will act upon the complete proposals in the application. The FAA will 
not act on any proposal for which the applicant has declined to submit 
additional necessary information.
    (b) The FAA will review the applicant's proposals in the preference 
order specified by the applicant. The FAA may request additional 
information from aircraft operators, or any other party, and may convene 
an informal meeting to gather facts relevant to its determination.
    (c) The FAA will evaluate the proposal and issue an order approving 
or disapproving the proposed restriction and any submitted alternatives, 
in

[[Page 728]]

whole or in part, in the order of preference indicated by the applicant. 
Once the FAA approves a proposed restriction, the FAA will not consider 
any proposals of lower applicant-stated preference. Approval or 
disapproval will be given by the FAA within 180 days after receipt of 
the application or last supplement thereto under Sec. 161.313. The FAA 
will publish its decision in the Federal Register and notify the 
applicant in writing.
    (d) The applicant's failure to provide substantial evidence 
supporting the statutory conditions for approval of a particular 
proposal is grounds for disapproval of that proposed restriction.
    (e) The FAA will approve or disapprove only the Stage 3 aspects of a 
restriction if the restriction applies to both Stage 2 and Stage 3 
aircraft operations.
    (f) An order approving a restriction may be subject to requirements 
that the applicant:
    (1) Comply with factual representations and commitments in support 
of the restriction; and
    (2) Ensure that any environmental mitigation actions or commitments 
by any party that are set forth in the environmental documentation 
provided in support of the restriction are implemented.



Sec. 161.319  Withdrawal or revision of restriction.

    (a) The applicant may withdraw or revise a proposed restriction at 
any time prior to FAA approval or disapproval, and must do so if 
substantial changes are made as described in Sec. 161.309. The 
applicant shall notify the FAA in writing of a decision to withdraw the 
proposed restriction for any reason. The FAA will publish a notice in 
the Federal Register that it has terminated its review without prejudice 
to resubmission. A resubmission will be considered a new application.
    (b) A subsequent amendment to a Stage 3 restriction that was in 
effect after October 1, 1990, or an amendment to a Stage 3 restriction 
previously approved by the FAA, is subject to the procedures in this 
subpart if the amendment will further reduce or limit aircraft 
operations or affect aircraft safety. The applicant may, at its option, 
revise or amend a restriction previously disapproved by the FAA and 
resubmit it for approval. Amendments are subject to the same 
requirements and procedures as initial submissions.



Sec. 161.321  Optional use of 14 CFR part 150 procedures.

    (a) An airport operator may use the procedures in part 150 of this 
chapter, instead of the procedures described in Sec. Sec. 161.303(b) 
and 161.309(b) of this part, as a means of providing an adequate public 
notice and opportunity to comment on proposed Stage 3 restrictions, 
including submitted alternatives.
    (b) If the airport operator elects to use 14 CFR part 150 procedures 
to comply with this subpart, the operator shall:
    (1) Ensure that all parties identified for direct notice under Sec. 
161.303(b) are notified that the airport's 14 CFR part 150 program 
submission will include a proposed Stage 3 restriction under part 161, 
and that these parties are offered the opportunity to participate as 
consulted parties during the development of the 14 CFR part 150 program;
    (2) Include the information required in Sec. 161.303(c) (2) through 
(5) and Sec. 161.305 in the analysis of the proposed restriction in the 
14 CFR part 150 program submission; and
    (3) Include in its 14 CFR part 150 submission to the FAA evidence of 
compliance with the notice requirements in paragraph (b)(1) of this 
section and include the information required for a part 161 application 
in Sec. 161.311, together with a clear identification that the 14 CFR 
part 150 submission includes a proposed Stage 3 restriction for FAA 
review and approval under Sec. Sec. 161.313, 161.315, and 161.317.
    (c) The FAA will evaluate the proposed part 161 restriction on Stage 
3 aircraft operations included in the 14 CFR part 150 submission in 
accordance with the procedures and standards of this part, and will 
review the total 14 CFR part 150 submission in accordance with the 
procedures and standards of 14 CFR part 150.
    (d) An amendment of a restriction, as specified in Sec. 161.319(b) 
of this part, may also be processed under 14 CFR part 150 procedures.

[[Page 729]]



Sec. 161.323  Notification of a decision not to implement a restriction.

    If a Stage 3 restriction has been approved by the FAA and the 
restriction is not subsequently implemented, the applicant shall so 
advise the interested parties specified in Sec. 161.309(a) of this 
part.



Sec. 161.325  Availability of data and comments on an implemented restriction.

    The applicant shall retain all relevant supporting data and all 
comments relating to an approved restriction for as long as the 
restriction is in effect and shall make these materials available for 
inspection upon request by the FAA. This information shall be made 
available for inspection by any person during the pendency of any 
petition for reevaluation found justified by the FAA.



             Subpart E_Reevaluation of Stage 3 Restrictions



Sec. 161.401  Scope.

    This subpart applies to an airport imposing a noise or access 
restriction on the operation of Stage 3 aircraft that first became 
effective after October 1, 1990, and had either been agreed to in 
compliance with the procedures in subpart B of this part or approved by 
the FAA in accordance with the procedures in subpart D of this part. 
This subpart does not apply to Stage 2 restrictions imposed by airports. 
This subpart does not apply to Stage 3 restrictions specifically 
exempted in Sec. 161.7.



Sec. 161.403  Criteria for reevaluation.

    (a) A request for reevaluation must be submitted by an aircraft 
operator.
    (b) An aircraft operator must demonstrate to the satisfaction of the 
FAA that there has been a change in the noise environment of the 
affected airport and that a review and reevaluation pursuant to the 
criteria in Sec. 161.305 is therefore justified.
    (1) A change in the noise environment sufficient to justify 
reevaluation is either a DNL change of 1.5 dB or greater (from the 
restriction's anticipated target noise level result) over noncompatible 
land uses, or a change of 17 percent or greater in the noncompatible 
land uses, within an airport noise study area. For approved 
restrictions, calculation of change shall be based on the divergence of 
actual noise impact of the restriction from the estimated noise impact 
of the restriction predicted in the analysis required in Sec. 
161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or in 
the noncompatible land uses may be either an increase or decrease in 
noise or in noncompatible land uses. An aircraft operator may submit to 
the FAA reasons why a change that does not fall within either of these 
parameters justifies reevaluation, and the FAA will consider such 
arguments on a case-by-case basis.
    (2) A change in the noise environment justifies reevaluation if the 
change is likely to result in the restriction not meeting one or more of 
the conditions for approval set forth in Sec. 161.305 of this part for 
approval. The aircraft operator must demonstrate that such a result is 
likely to occur.
    (c) A reevaluation may not occur less than 2 years after the date of 
the FAA approval. The FAA will normally apply the same 2-year 
requirement to agreements under subpart B of this part that affect Stage 
3 aircraft operations. An aircraft operator may submit to the FAA 
reasons why an agreement under subpart B of this part should be 
reevaluated in less than 2 years, and the FAA will consider such 
arguments on a case-by-case basis.
    (d) An aircraft operator must demonstrate that it has made a good 
faith attempt to resolve locally any dispute over a restriction with the 
affected parties, including the airport operator, before requesting 
reevaluation by the FAA. Such demonstration and certification shall 
document all attempts of local dispute resolution.

[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 
1991]



Sec. 161.405  Request for reevaluation.

    (a) A request for reevaluation submitted to the FAA by an aircraft 
operator must include the following information:
    (1) The name of the airport and associated cities and states;

[[Page 730]]

    (2) A clear, concise description of the restriction and any 
sanctions for noncompliance, whether the restriction was approved by the 
FAA or agreed to by the airport operator and aircraft operators, the 
date of the approval or agreement, and a copy of the restriction as 
incorporated in a local ordinance, airport rule, lease, or other 
document;
    (3) The quantified change in the noise environment using methodology 
specified in this part;
    (4) Evidence of the relationship between this change and the 
likelihood that the restriction does not meet one or more of the 
conditions in Sec. 161.305;
    (5) The aircraft operator's status under the restriction (e.g., 
currently affected operator, potential new entrant) and an explanation 
of the aircraft operator's specific objection; and
    (6) A description and evidence of the aircraft operator's attempt to 
resolve the dispute locally with the affected parties, including the 
airport operator.
    (b) The FAA will evaluate the aircraft operator's submission and 
determine whether or not a reevaluation is justified. The FAA may 
request additional information from the airport operator or any other 
party and may convene an informal meeting to gather facts relevant to 
its determination.
    (c) The FAA will notify the aircraft operator in writing, with a 
copy to the affected airport operator, of its determination.
    (1) If the FAA determines that a reevaluation is not justified, it 
will indicate the reasons for this decision.
    (2) If the FAA determines that a reevaluation is justified, the 
aircraft operator will be notified to complete its analysis and to begin 
the public notice procedure, as set forth in this subpart.



Sec. 161.407  Notice of reevaluation.

    (a) After receiving an FAA determination that a reevaluation is 
justified, an aircraft operator desiring continuation of the 
reevaluation process shall publish a notice of request for reevaluation 
in an areawide newspaper or newspapers that either singly or together 
has general circulation throughout the airport noise study area (or the 
airport vicinity for agreements where an airport noise study area has 
not been delineated); post a notice in the airport in a prominent 
location accessible to airport users and the public; and directly notify 
in writing the following parties:
    (1) The airport operator, other aircraft operators providing 
scheduled passenger or cargo service at the airport, operators of 
aircraft based at the airport, potential new entrants that are known to 
be interested in serving the airport, and aircraft operators known to be 
routinely providing nonscheduled service;
    (2) The Federal Aviation Administration;
    (3) Each Federal, State, and local agency with land-use control 
jurisdiction within the airport noise study area (or the airport 
vicinity for agreements where an airport noise study area has not been 
delineated);
    (4) Fixed-base operators and other airport tenants whose operations 
may be affected by the agreement or the restriction;
    (5) Community groups and business organizations that are known to be 
interested in the restriction; and
    (6) Any other party that commented on the original restriction.
    (b) Each notice provided in accordance with paragraph (a) of this 
section shall include:
    (1) The name of the airport and associated cities and states;
    (2) A clear, concise description of the restriction, including 
whether the restriction was approved by the FAA or agreed to by the 
airport operator and aircraft operators, and the date of the approval or 
agreement;
    (3) The name of the aircraft operator requesting a reevaluation, and 
a statement that a reevaluation has been requested and that the FAA has 
determined that a reevaluation is justified;
    (4) A brief discussion of the reasons why a reevaluation is 
justified;
    (5) An analysis prepared in accordance with Sec. 161.409 of this 
part supporting the aircraft operator's reevaluation request, or an 
announcement of where the analysis is available for public inspection;
    (6) An invitation to comment on the analysis supporting the proposed 
reevaluation, with a minimum 45-day comment period;

[[Page 731]]

    (7) Information on how to request a copy of the analysis (if not in 
the notice); and
    (8) The address for submitting comments to the aircraft operator, 
including identification of a contact person.



Sec. 161.409  Required analysis by reevaluation petitioner.

    (a) An aircraft operator that has petitioned the FAA to reevaluate a 
restriction shall assume the burden of analysis for the reevaluation.
    (b) The aircraft operator's analysis shall be made available for 
public review under the procedures in Sec. 161.407 and shall include 
the following:
    (1) A copy of the restriction or the language of the agreement as 
incorporated in a local ordinance, airport rule, lease, or other 
document;
    (2) The aircraft operator's status under the restriction (e.g., 
currently affected operator, potential new entrant) and an explanation 
of the aircraft operator's specific objection to the restriction;
    (3) The quantified change in the noise environment using methodology 
specified in this part;
    (4) Evidence of the relationship between this change and the 
likelihood that the restriction does not meet one or more of the 
conditions in Sec. 161.305; and
    (5) Sufficient data and analysis selected from Sec. 161.305, as 
applicable to the restriction at issue, to support the contention made 
in paragraph (b)(4) of this section. This is to include either an 
adequate environmental assessment of the impacts of discontinuing all or 
part of a restriction in accordance with the aircraft operator's 
petition, or adequate information supporting a categorical exclusion 
under FAA orders implementing the National Environmental Policy Act of 
1969 (42 U.S.C. 4321).
    (c) The amount of analysis may vary with the complexity of the 
restriction, the number and nature of the conditions in Sec. 161.305 
that are alleged to be unsupported, and the amount of previous analysis 
developed in support of the restriction. The aircraft operator may 
incorporate analysis previously developed in support of the restriction, 
including previous environmental documentation to the extent applicable. 
The applicant is responsible for providing substantial evidence, as 
described in Sec. 161.305, that one or more of the conditions are not 
supported.



Sec. 161.411  Comment by interested parties.

    (a) Each aircraft operator requesting a reevaluation shall establish 
a docket or similar method for receiving and considering comments and 
shall make comments available for inspection to interested parties 
specified in paragraph (b) of this section upon request. Comments must 
be retained for two years.
    (b) Each aircraft operator shall promptly notify interested parties 
if it makes a substantial change in its analysis that affects either the 
costs or benefits analyzed, or the criteria in Sec. 161.305, 
differently from the analysis made available for comment in accordance 
with Sec. 161.407. Interested parties include those who received direct 
notice under paragraph (a) of Sec. 161.407 and those who have commented 
on the reevaluation. If an aircraft operator revises its analysis, it 
shall make the revised analysis available to an interested party upon 
request and shall extend the comment period at least 45 days from the 
date the revised analysis is made available.



Sec. 161.413  Reevaluation procedure.

    (a) Each aircraft operator requesting a reevaluation shall submit to 
the FAA:
    (1) The analysis described in Sec. 161.409;
    (2) Evidence that the public review process was carried out in 
accordance with Sec. Sec. 161.407 and 161.411, including the aircraft 
operator's summary of the comments received; and
    (3) A request that the FAA complete a reevaluation of the 
restriction and issue findings.
    (b) Following confirmation by the FAA that the aircraft operator's 
documentation is complete according to the requirements of this subpart, 
the FAA will publish a notice of reevaluation in the Federal Register 
and provide for a 45-day comment period during which

[[Page 732]]

interested parties may submit comments to the FAA. The FAA will 
specifically solicit comments from the affected airport operator and 
affected local governments. A submission that is not complete will be 
returned to the aircraft operator with a letter indicating the 
deficiency, and no notice will be published. No further action will be 
taken by the FAA until a complete submission is received.
    (c) The FAA will review all submitted documentation and comments 
pursuant to the conditions of Sec. 161.305. To the extent necessary, 
the FAA may request additional information from the aircraft operator, 
airport operator, and others known to have information material to the 
reevaluation, and may convene an informal meeting to gather facts 
relevant to a reevaluation finding.



Sec. 161.415  Reevaluation action.

    (a) Upon completing the reevaluation, the FAA will issue appropriate 
orders regarding whether or not there is substantial evidence that the 
restriction meets the criteria in Sec. 161.305 of this part.
    (b) If the FAA's reevaluation confirms that the restriction meets 
the criteria, the restriction may remain as previously agreed to or 
approved. If the FAA's reevaluation concludes that the restriction does 
not meet the criteria, the FAA will withdraw a previous approval of the 
restriction issued under subpart D of this part to the extent necessary 
to bring the restriction into compliance with this part or, with respect 
to a restriction agreed to under subpart B of this part, the FAA will 
specify which criteria are not met.
    (c) The FAA will publish a notice of its reevaluation findings in 
the Federal Register and notify in writing the aircraft operator that 
petitioned the FAA for reevaluation and the affected airport operator.



Sec. 161.417  Notification of status of restrictions and agreements not 

meeting conditions-of-approval criteria.

    If the FAA has withdrawn all or part of a previous approval made 
under subpart D of this part, the relevant portion of the Stage 3 
restriction must be rescinded. The operator of the affected airport 
shall notify the FAA of the operator's action with regard to a 
restriction affecting Stage 3 aircraft operations that has been found 
not to meet the criteria of Sec. 161.305. Restrictions in agreements 
determined by the FAA not to meet conditions for approval may not be 
enforced with respect to Stage 3 aircraft operations.



               Subpart F_Failure To Comply With This Part



Sec. 161.501  Scope.

    (a) This subpart describes the procedures to terminate eligibility 
for airport grant funds and authority to impose or collect passenger 
facility charges for an airport operator's failure to comply with the 
Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq.) or 
this part. These procedures may be used with or in addition to any 
judicial proceedings initiated by the FAA to protect the national 
aviation system and related Federal interests.
    (b) Under no conditions shall any airport operator receive revenues 
under the provisions of the Airport and Airway Improvement Act of 1982 
or impose or collect a passenger facility charge under section 1113(e) 
of the Federal Aviation Act of 1958 if the FAA determines that the 
airport is imposing any noise or access restriction not in compliance 
with the Airport Noise and Capacity Act of 1990 or this part. Recision 
of, or a commitment in writing signed by an authorized official of the 
airport operator to rescind or permanently not enforce, a noncomplying 
restriction will be treated by the FAA as action restoring compliance 
with the Airport Noise and Capacity Act of 1990 or this part with 
respect to that restriction.



Sec. 161.503  Informal resolution; notice of apparent violation.

    Prior to the initiation of formal action to terminate eligibility 
for airport grant funds or authority to impose or collect passenger 
facility charges under this subpart, the FAA shall undertake informal 
resolution with the airport operator to assure compliance with the 
Airport Noise and Capacity Act of 1990 or this part upon receipt of a 
complaint or other evidence that an

[[Page 733]]

airport operator has taken action to impose a noise or access 
restriction that appears to be in violation. This shall not preclude a 
FAA application for expedited judicial action for other than termination 
of airport grants and passenger facility charges to protect the national 
aviation system and violated federal interests. If informal resolution 
is not successful, the FAA will notify the airport operator in writing 
of the apparent violation. The airport operator shall respond to the 
notice in writing not later than 20 days after receipt of the notice, 
and also state whether the airport operator will agree to defer 
implementation or enforcement of its noise or access restriction until 
completion of the process under this subpart to determine compliance.



Sec. 161.505  Notice of proposed termination of airport grant funds and 

passenger facility charges.

    (a) The FAA begins proceedings under this section to terminate an 
airport operator's eligibility for airport grant funds and authority to 
impose or collect passenger facility charges only if the FAA determines 
that informal resolution is not successful.
    (b) The following procedures shall apply if an airport operator 
agrees in writing, within 20 days of receipt of the FAA's notice of 
apparent violation under Sec. 161.503, to defer implementation or 
enforcement of a noise or access restriction until completion of the 
process under this subpart to determine compliance.
    (1) The FAA will issue a notice of proposed termination to the 
airport operator and publish notice of the proposed action in the 
Federal Register. This notice will state the scope of the proposed 
termination, the basis for the proposed action, and the date for filing 
written comments or objections by all interested parties. This notice 
will also identify any corrective action the airport operator can take 
to avoid further proceedings. The due date for comments and corrective 
action by the airport operator shall be specified in the notice of 
proposed termination and shall not be less than 60 days after 
publication of the notice.
    (2) The FAA will review the comments, statements, and data supplied 
by the airport operator, and any other available information, to 
determine if the airport operator has provided satisfactory evidence of 
compliance or has taken satisfactory corrective action. The FAA will 
consult with the airport operator to attempt resolution and may request 
additional information from other parties to determine compliance. The 
review and consultation process shall take not less than 30 days. If the 
FAA finds satisfactory evidence of compliance, the FAA will notify the 
airport operator in writing and publish notice of compliance in the 
Federal Register.
    (3) If the FAA determines that the airport operator has taken action 
to impose a noise or access restriction in violation of the Airport 
Noise and Capacity Act of 1990 or this part, the FAA will notify the 
airport operator in writing of such determination. Where appropriate, 
the FAA may prescribe corrective action, including corrective action the 
airport operator may still need to take. Within 10 days of receipt of 
the FAA's determination, the airport operator shall--
    (i) Advise the FAA in writing that it will complete any corrective 
action prescribed by the FAA within 30 days; or
    (ii) Provide the FAA with a list of the domestic air carriers and 
foreign air carriers operating at the airport and all other issuing 
carriers, as defined in Sec. 158.3 of this chapter, that have remitted 
passenger facility charge revenue to the airport in the preceding 12 
months.
    (4) If the FAA finds that the airport operator has taken 
satisfactory corrective action, the FAA will notify the airport operator 
in writing and publish notice of compliance in the Federal Register. If 
the FAA has determined that the airport operator has imposed a noise or 
access restriction in violation of the Airport Noise and Capacity Act of 
1990 or this part and satisfactory corrective action has not been taken, 
the FAA will issue an order that--
    (i) Terminates eligibility for new airport grant agreements and 
discontinues payments of airport grant funds, including payments of 
costs incurred prior to the notice; and

[[Page 734]]

    (ii) Terminates authority to impose or collect a passenger facility 
charge or, if the airport operator has not received approval to impose a 
passenger facility charge, advises the airport operator that future 
applications for such approval will be denied in accordance with Sec. 
158.29(a)(1)(v) of this chapter.
    (5) The FAA will publish notice of the order in the Federal Register 
and notify air carriers of the FAA's order and actions to be taken to 
terminate or modify collection of passenger facility charges in 
accordance with Sec. 158.85(f) of this chapter.
    (c) The following procedures shall apply if an airport operator does 
not agree in writing, within 20 days of receipt of the FAA's notice of 
apparent violation under Sec. 161.503, to defer implementation or 
enforcement of its noise or access restriction until completion of the 
process under this subpart to determine compliance.
    (1) The FAA will issue a notice of proposed termination to the 
airport operator and publish notice of the proposed action in the 
Federal Register. This notice will state the scope of the proposed 
termination, the basis for the proposed action, and the date for filing 
written comments or objections by all interested parties. This notice 
will also identify any corrective action the airport operator can take 
to avoid further proceedings. The due date for comments and corrective 
action by the airport operator shall be specified in the notice of 
proposed termination and shall not be less than 30 days after 
publication of the notice.
    (2) The FAA will review the comments, statements, and data supplied 
by the airport operator, and any other available information, to 
determine if the airport operator has provided satisfactory evidence of 
compliance or has taken satisfactory corrective action. If the FAA finds 
satisfactory evidence of compliance, the FAA will notify the airport 
operator in writing and publish notice of compliance in the Federal 
Register.
    (3) If the FAA determines that the airport operator has taken action 
to impose a noise or access restriction in violation of the Airport 
Noise and Capacity Act of 1990 or this part, the procedures in 
paragraphs (b)(3) through (b)(5) of this section will be followed.



PART 169_EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR 

NAVIGATION FACILITIES THEREON--Table of Contents




Sec.
169.1 Applicability.
169.3 Application for recommendation and certification.
169.5 FAA determination.

    Authority: 49 U.S.C. 106(g), 40101-40107, 40113-40114, 44501-44502, 
46104, 47122, 47151-47153, 47302-47306.



Sec. 169.1  Applicability.

    (a) This part prescribes the requirements for issuing a written 
recommendation and certification that a proposed project is reasonably 
necessary for use in air commerce or in the interests of national 
defense. The first two sentences of section 308(a) of the Federal 
Aviation Act of 1958 (49 U.S.C. 1349(a)): (1) Require such a 
recommendation and certification where Federal funds are to be expended 
for nonmilitary purposes for airports or air navigation facilities 
thereon; and (2) provide that any interested person may apply to the 
Administrator, under regulations prescribed by him, for a recommendation 
and certification.
    (b) This part does not apply to projects for the expenditure of 
Federal funds for military purposes or for airports, or air navigation 
facilities thereon, operated by the Federal Aviation Administration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969]



Sec. 169.3  Application for recommendation and certification.

    (a) Any interested person may apply to the Administrator for a 
recommendation and certification with respect to a proposed project for 
the acquisition, establishment, construction, alteration, repair, 
maintenance, or operation of an airport or an air navigation facility 
thereon by or in his interests, on which Federal funds are proposed to 
be expended for nonmilitary purposes. The application

[[Page 735]]

shall be filed with the Regional Airports Division or Airports District 
Office, whichever is appropriate, in whose geographical area the airport 
is located. The application must state--
    (1) The name and address of the applicant, the owner of the airport, 
and the individual responsible for its operation and maintenance, and 
the interest of the applicant in the matter;
    (2) The location of the airport, and of any air navigation 
facilities thereon;
    (3) A technical description of the project;
    (4) The information contained in the notice required by Sec. 157.3 
of this chapter; and
    (5) All available pertinent data relating to the necessity of the 
airport or air navigation facility for use in air commerce including 
where applicable--
    (i) The number and type of aircraft that use or would use the 
airport or facility;
    (ii) The present and expected level of activity;
    (iii) Any special use of the airport or facility such as its 
providing access to places of recreation as national forests or parks or 
to isolated communities where access by other means is not available or 
is curtailed by climatic condition; and
    (iv) In the case of an airport or air navigation facility owned, 
operated, or maintained by a Federal agency other than the FAA, the 
relationship of the airport or facility to the performance of that 
agency's functions.
    (b) Each of the following has the effect of a recommendation and 
certification, and a separate application under this part with respect 
thereto is not required:
    (1) Approval of a project under section 16 of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1701).
    (2) Inclusion of an airport in the National Airport System Plan, 
if--
    (i) Notice of construction or alteration required by Sec. 157.3 of 
this chapter has been given; and
    (ii) The Administrator has determined that there is no objection to 
the proposed construction or alteration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 
FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]



Sec. 169.5  FAA determination.

    (a) The Administrator issues a recommendation and certification if 
he finds that the airport or facility is reasonably necessary for use in 
air commerce or in the interests of national defense; that it conforms 
to all applicable plans and policies for, and allocations of, airspace; 
and that it otherwise complies with requirements of Federal law properly 
considered by the Administrator. The Administrator may grant the 
recommendation and certification subject to conditions that ensure 
conformity of the airport or facility with these standards.
    (b) A recommendation and certification under this part, express or 
implied, does not extend to a modified version of an airport or facility 
to which it applies, or to an additional area or facility at the same 
airport.
    (c) If the application is denied the Administrator notifies the 
applicant of the grounds for the denial. The Administrator may revoke a 
recommendation and certification for proper cause.
    (d) The authority of the Administrator under this part is exercised 
by Regional Airports Division Managers as to airports or facilities 
within their respective regions.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 
FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989]

[[Page 736]]



                  SUBCHAPTER J_NAVIGATIONAL FACILITIES



PART 170_ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL 

SERVICES AND NAVIGATIONAL FACILITIES--Table of Contents




                            Subpart A_General

Sec.
170.1 Scope.
170.3 Definitions.

                Subpart B_Airport Traffic Control Towers

170.11 Scope.
170.13 Airport Traffic Control Tower (ATCT) establishment criteria.
170.15 ATCT discontinuance criteria.

                            Subpart C_LORAN-C

170.21 Scope.
170.23 LORAN-C establishment criteria.
170.25 LORAN-C discontinuance criteria.

    Authority: 49 U.S.C. 106(g), 40103-40107, 40113, 44502, 44701-44702, 
44708-44709, 44719, 44721-44722, 46308.

    Source: 56 FR 341, Jan. 3, 1991, unless otherwise noted.



                            Subpart A_General



Sec. 170.1  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for navigation aids operated and maintained by the United States.



Sec. 170.3  Definitions.

    For purposes of this subpart--
    Air navigation facility (NAVAID) means any facility used, available 
for use, or designated for use in the aid of air navigation. Included 
are landing areas; lights; signaling, radio direction-finding, or radio 
or other electronic communication; and any other structure or mechanism 
having a similar purpose of guiding or controlling flight or the landing 
or takeoff of aircraft.
    Air traffic clearance means an authorization by air traffic control 
for an aircraft to proceed under specified traffic conditions within 
controlled airspace for the purpose of preventing collision between 
known aircraft.
    Air traffic control (ATC) means a service that promotes the safe, 
orderly, and expeditious flow of air traffic, including airport, 
approach, departure, and en route air traffic control.
    Air traffic controller means a person authorized to provide air 
traffic service, specifically en route and terminal control personnel.
    Aircraft operations means the airborne movement of aircraft in 
controlled or noncontrolled airport terminal areas, and counts at en 
route fixes or other points where counts can be made. There are two 
types of operations: local and itinerant.
    (1) Local operations mean operations performed by aircraft which:
    (i) Operate in the local traffic pattern or within sight of the 
airport;
    (ii) Are known to be departing for, or arriving from flight in local 
practice areas located within a 20-mile radius of the airport; or
    (iii) Execute simulated instrument approaches or low passes at the 
airport.
    (2) Itinerant operations mean all aircraft operations other than 
local operations.
    Airport traffic control tower means a terminal facility, which 
through the use of air/ground communications, visual signaling, and 
other devices, provides ATC services to airborne aircraft operating in 
the vicinity of an airport and to aircraft operating on the airport 
area.
    Alternate airport means an airport, specified on a flight plan, to 
which a flight may proceed when a landing at the point of first intended 
landing becomes inadvisable.
    Approach means the flight path established by the FAA to be used by 
aircraft landing on a runway.
    Approach control facility means a terminal air traffic control 
facility providing approach control service.
    Arrival means any aircraft arriving at an airport.
    Benefit-cost ratio means the quotient of the discounted life cycle 
benefits of an air traffic control service or navigation aid facility 
(i.e., ATCT) divided by the discounted life cycle costs.
    Ceiling means the vertical distance between the ground or water and 
the

[[Page 737]]

lowest layer of clouds or obscuring phenomena that is reported as 
``broken,'' ``overcast,'' or ``obstruction.''
    Control Tower--See Airport Traffic Control Tower.
    Criteria means the standards used by the FAA for the determination 
of establishment or discontinuance of a service or facility at an 
airport.
    Departure means any aircraft taking off from an airport.
    Discontinuance means the withdrawal of a service and/or facility 
from an airport.
    Establishment means the provision of a service or facility at a 
candidate airport.
    Instrument approach means a series of predetermined maneuvers for 
the orderly transfer of an aircraft under instrument flight conditions 
from the beginning of the initial approach to a landing, or to a point 
from which a landing may be made visually. It is prescribed and approved 
for a specific airport by competent authority.
    Instrument flight rules (IFR) means rules governing the procedures 
for conducting flight under instrument meteorological conditions (IMC) 
instrument flight.
    Instrument landing system (ILS) means an instrument landing system 
whereby the pilot guides his approach to a runway solely by reference to 
instruments in the cockpit. In some instances, the signals received from 
the ground can be fed into the automatic pilot for automatically 
controlled approaches.
    Instrument meteorological conditions (IMC) means weather conditions 
below the minimums prescribed for flight under Visual Flight Rules 
(VFR).
    Instrument operation means an aircraft operation in accordance with 
an IFT flight plan or an operation where IFR separation between aircraft 
is provided by a terminal control facility or air route traffic control 
center (ARTCC).
    Life cycle benefits means the value of services provided to aviation 
users over the life span of a facility or service.
    Life cycle costs means the value of research and development costs, 
investment costs, operation costs, maintenance costs, and termination 
costs over the life span of a facility or service.
    LORAN-C means an electronic navigational system by which hyperbolic 
lines of position are determined by measuring differences in time of 
reception of synchronized pulse signals from two fixed transmitters.
    Maintenance costs means the costs incurred in servicing and 
maintaining a facility after establishment.
    Mean sea level (MSL) means the base commonly used in measuring 
altitudes.
    Microwave landing system (MLS) means a landing system which enables 
equipped aircraft to make curved and closely spaced approaches to 
properly instrumented airports.
    Noncommercial traffic means all aircraft operations that are 
conducted free of compensation.
    Nonprecision approach procedure means an FAA standard for 
approaching an IFR runway where no electronic glide slope is available.
    Nonscheduled commercial service means the carriage by aircraft in 
air commerce of persons or property for compensation or hire that are 
not operated in regularly scheduled service such as charter flights.
    Present value (PV) means the value of a stream of future benefits or 
costs that are discounted to the present.
    PVB or BPV means the discounted value of life cycle benefits.
    PVC or CPV means the discounted value of life cycle benefits.
    PVCM or CMPV means the discounted value of operations and 
maintenance costs less termination costs over a facility's remaining 
life cycle.
    Runway means a defined rectangular area on a land airport prepared 
for the landing and takeoff of aircraft along its length.
    Runway visual range means an instrumentally derived value based on 
standard calibrations that represent the horizontal distance a pilot 
will see down the runway from the approach end.
    Scheduled commercial service means the carriage by aircraft in air 
commerce under parts 121 and 135 of persons or property for compensation 
or hire based on published flight schedules.
    Separation means the spacing of aircraft in flight and while landing 
and taking off to achieve their safe and orderly movement.

[[Page 738]]

    Takeoff clearance means authorization by an airport traffic control 
tower for an aircraft to take off.
    Tower cab means an ATC facility located at an airport. Controllers 
at these facilities direct ground traffic, takeoffs, and landings.
    Traffic advisories means advisories issued to alert pilots to other 
known or observed air traffic which may be in such proximity to the 
position or intended route of flight of their aircraft to warrant 
attention.
    Traffic pattern means the flow of aircraft operating on and in the 
vicinity of an airport during specified wind conditions as established 
by appropriate authority.
    VFR traffic means aircraft operated solely in accordance with Visual 
Flight Rules.
    Visual flight rules (VFR) means rules that govern the procedures for 
conducting flight under visual conditions. The term ``VFR'' is also used 
in the United States to indicate weather conditions that are equal to or 
greater than minimum VFR requirements. In addition, ``VFR'' is used by 
pilots and controllers to indicate the type of flight plan.
    Visual meteorological conditions (VMC) means meteorological 
conditions expressed in terms of visibility, distance from clouds, and 
ceiling equal to or better than specified minima.

[56 FR 341, Jan. 3, 1991, as amended by Amdt. 170-3, 66 FR 21067, Apr. 
27, 2001]



                Subpart B_Airport Traffic Control Towers



Sec. 170.11  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for Airport Traffic Control Towers.



Sec. 170.13  Airport Traffic Control Tower (ATCT) establishment criteria.

    (a) The following criteria along with general facility establishment 
standards must be met before an airport can qualify for an ATCT:
    (1) The airport, whether publicly or privately owned, must be open 
to and available for use by the public as defined in the Airport and 
Airway Improvement Act of 1982;
    (2) The airport must be recognized by and contained within the 
National Plan of Integrated Airport Systems;
    (3) The airport owners/authorities must have entered into 
appropriate assurances and covenants to guarantee that the airport will 
continue in operation for a long enough period to permit the 
amortization of the ATCT investment;
    (4) The FAA must be furnished appropriate land without cost for 
construction of the ATCT; and
    (5) The airport must meet the benefit-cost ratio criteria specified 
herein utilizing three consecutive FAA annual counts and projections of 
future traffic during the expected life of the tower facility. (An FAA 
annual count is a fiscal year or a calendar year activity summary. Where 
actual traffic counts are unavailable or not recorded, adequately 
documented FAA estimates of the scheduled and nonscheduled activity may 
be used.)
    (b) An airport meets the establishment criteria when it satisfies 
paragraphs (a)(1) through (a)(5) of this section and its benefit-cost 
ratio equals or exceeds one. As defined in Sec. 170.3 of this part, the 
benefit-cost ratio is the ratio of the present value of the ATCT life 
cycle benefits (BPV) to the present value of ATCT life cycle costs 
(CPV).

BPV/CPV=1.0

    (c) The satisfaction of all the criteria listed in this section does 
not guarantee that the airport will receive an ATCT.



Sec. 170.15  ATCT discontinuance criteria.

    An ATCT will be subject to discontinuance when the continued 
operation and maintenance costs less termination costs (CMPV) of the 
ATCT exceed the present value of its remaining life-cycle benefits 
(BPV):

BPV/CMPV<1.0



                            Subpart C_LORAN-C

    Source: Amdt. 170-1, 58 FR 42817, Aug. 11, 1993, unless otherwise 
noted.

[[Page 739]]



Sec. 170.21  Scope.

    This subpart sets forth establishment and discontinuance criteria 
for LORAN-C.



Sec. 170.23  LORAN-C establishment criteria.

    (a) The criteria in paragraphs (a)(1) through (a)(6) of this 
section, along with general facility and navigational aid establishment 
requirements, must be met before a runway can be eligible for LORAN-C 
approach.
    (1) A runway must have landing surfaces judged adequate by the FAA 
to accommodate aircraft expected to use the approach and meet all FAA-
required airport design criteria for nonprecision runways.
    (2) A runway must be found acceptable for instrument flight rules 
operations as a result of an airport airspace analysis conducted in 
accordance with the current FAA regulations and provisions.
    (3) The LORAN-C signal must be of sufficient quality and accuracy to 
pass an FAA flight inspection.
    (4) It must be possible to remove, mark, or light all approach 
obstacles in accordance with FAA marking and lighting provisions.
    (5) Appropriate weather information must be available.
    (6) Air-to-ground communications must be available at the initial 
approach fix minimum altitude and at the missed approach altitude.
    (b) A runway meets the establishment criteria for a LORAN-C approach 
when it satisfies paragraphs (a)(1) through (a)(6) of this section and 
the estimated value of benefits associated with the LORAN-C approach 
equals or exceeds the estimated costs (benefit-cost ratio equals or 
exceeds one). As defined in Sec. 170.3 of this part, the benefit-cost 
ratio is the ratio of the present value of the LORAN-C life-cycle 
benefits (PVB) to the present value of LORAN-C life-cycle costs (PVC):

PVB/PVC = 1.0

    (c) The criteria do not cover all situations that may arise and are 
not used as a sole determinant in denying or granting the establishment 
of non-precision LORAN-C approach for which there is a demonstrated 
operational or air traffic control requirement.



Sec. 170.25  LORAN-C discontinuance criteria.

    A LORAN-C nonprecision approach may be subject to discontinuance 
when the present value of the continued maintenance costs (PVCM) of the 
LORAN-C approach exceed the present value of its remaining life-cycle 
benefits (PVB):

PVB/PVCM < 1.0



PART 171_NON-FEDERAL NAVIGATION FACILITIES--Table of Contents




                        Subpart A_VOR Facilities

Sec.
171.1 Scope.
171.3 Requests for IFR procedure.
171.5 Minimum requirements for approval.
171.7 Performance requirements.
171.9 Installation requirements.
171.11 Maintenance and operations requirements.
171.13 Reports.

            Subpart B_Nondirectional Radio Beacon Facilities

171.21 Scope.
171.23 Requests for IFR procedure.
171.25 Minimum requirements for approval.
171.27 Performance requirements.
171.29 Installation requirements.
171.31 Maintenance and operations requirements.
171.33 Reports.

          Subpart C_Instrument Landing System (ILS) Facilities

171.41 Scope.
171.43 Requests for IFR procedure.
171.45 Minimum requirements for approval.
171.47 Performance requirements.
171.49 Installation requirements.
171.51 Maintenance and operations requirements.
171.53 Reports.

                          Subpart D_True Lights

171.61 Air navigation certificate: Revocation and termination.

                            Subpart E_General

171.71 Materials incorporated by reference.
171.73 Alternative forms of reports.
171.75 Submission of requests.

[[Page 740]]

             Subpart F_Simplified Directional Facility (SDF)

171.101 Scope.
171.103 Requests for IFR procedure.
171.105 Minimum requirements for approval.
171.107 Definition.
171.109 Performance requirements.
171.111 Ground standards and tolerances.
171.113 Installation requirements.
171.115 Maintenance and operations requirements.
171.117 Reports.

              Subpart G_Distance Measuring Equipment (DME)

171.151 Scope.
171.153 Requests for IFR procedure.
171.155 Minimum requirements for approval.
171.157 Performance requirements.
171.159 Installation requirements.
171.161 Maintenance and operations requirements.
171.163 Reports.

                      Subpart H_VHF Marker Beacons

171.201 Scope.
171.203 Requests for IFR procedure.
171.205 Minimum requirements for approval.
171.207 Performance requirements.
171.209 Installation requirements.
171.211 Maintenance and operations requirements.
171.213 Reports.

       Subpart I_Interim Standard Microwave Landing System (ISMLS)

171.251 Scope.
171.253 Definitions.
171.255 Requests for IFR procedures.
171.257 Minimum requirements for approval.
171.259 Performance requirements: General.
171.261 Localizer performance requirements.
171.263 Localizer automatic monitor system.
171.265 Glide path performance requirements.
171.267 Glide path automatic monitor system.
171.269 Marker beacon performance requirements.
171.271 Installation requirements.
171.273 Maintenance and operations requirements.
171.275 Reports.

                Subpart J_Microwave Landing System (MLS)

171.301 Scope.
171.303 Definitions.
171.305 Requests for IFR procedure.
171.307 Minimum requirements for approval.
171.309 General requirements.
171.311 Signal format requirements.
171.313 Azimuth performance requirements.
171.315 Azimuth monitor system requirements.
171.317 Approach elevation performance requirements.
171.319 Approach elevation monitor system requirements.
171.321 DME and marker beacon performance requirements.
171.323 Fabrication and installation requirements.
171.325 Maintenance and operations requirements.
171.327 Operational records.

    Authority: 49 U.S.C. 106(g), 40103-40107, 40109, 40113, 44502, 
44701-44702, 44708-44709, 44711, 44719-44721, 45303, 46308.

    Source: Docket No. 5034, 29 FR 11337, Aug. 6, 1964, unless otherwise 
noted.



                        Subpart A_VOR Facilities



Sec. 171.1  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation on non-Federal VOR facilities that are to be involved in the 
approval of instrument flight rules and air traffic control procedures 
related to those facilities.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.3  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on a VOR 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.7 and is installed in 
accordance with Sec. 171.9.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and maintenance manual that 
meets the requirements of Sec. 171.11.
    (4) A statement of intention to meet the requirements of this 
subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this paragraph.

[[Page 741]]

    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.5  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal VOR:
    (1) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.7.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.9.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.11.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.13, and must agree to allow the FAA to inspect the facility 
and its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.7  Performance requirements.

    (a) The VOR must perform in accordance with the ``International 
Standards and Recommended Practices, Aeronautical Telecommunications,'' 
Part I, paragraph 3.3 (Annex 10 to the Convention on International Civil 
Aviation), except that part of paragraph 3.3.2.1 specifying a radio 
frequency tolerance of 0.005 percent, and that part of paragraph 3.3.7 
requiring removal of only the bearing information. In place thereof, the 
frequency tolerance of the radio frequency carrier must not exceed plus 
or minus 0.002 percent, and all radiation must be removed during the 
specified deviations from established conditions and during periods of 
monitor failure.
    (b) Ground inspection consists of an examination of the design 
features of the equipment to determine that there will not be conditions 
that will allow unsafe operations because of component failure or 
deterioration.
    (c) The monitor is checked periodi- cally, during the in-service 
test evaluation period, for calibration and stability The tests are made 
with a standard ``Reference and variable phase signal generator'' and 
associated test equipment, including an oscilloscope and portable field 
detector. In general, the ground check is conducted in accord- ance with 
section 8.4 of FAA Handbook AF P 6790.9 ``Maintenance Instruction for 
VHF Omniranges'', adapted for the facility concerned.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accordance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 201.
    (e) After January 1, 1975, the owner of the VOR shall modify the 
facility to perform in accordance with paragraph 3.3.5.7 of Annex 10 to 
the Convention on International Civil Aviation within 180 days after 
receipt of notice from the Administrator that 50 kHz channel spacing is 
to be implemented in the area and that a requirement exists for 
suppression of 9960 Hz subcarrier harmonics.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970; Amdt. 171-9, 38 FR 28557, Oct. 15, 1973]

[[Page 742]]



Sec. 171.9  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and the 
installation must meet at least the Federal Communication Commission's 
licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated, 
with a supplemental standby system, if needed.
    (c) Dual transmitting equipment with automatic changeover is 
preferred and may be required to support certain IFR procedures.
    (d) There must be a means for determining, from the ground, the 
performance of the equipment, including the antenna, initially and 
periodically.
    (e) A facility intended for use as an instrument approach aid for an 
airport must have or be supplemented by (depending on circumstances) the 
following ground-air or landline communications services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. Separate communications channels are 
acceptable.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (e)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communication facility.

Paragraphs (e) (1) and (2) of this section are not mandatory at airports 
where an adjacent FAA facility can communicate with aircraft on the 
ground at the airport and during the entire proposed instrument approach 
procedure. In addition, at low traffic density airports within or 
immediately adjacent to controlled airspace and where extensive delays 
are not a factor, the requirements of paragraphs (e) (1) and (2) of this 
section may be reduced to reliable communications (at least a landline 
telephone) from the airport to the nearest FAA air traffic control or 
communication facility, if an adjacent FAA facility can communicate with 
aircraft during the proposed instrument approach procedure, at least 
down to the minimum en route altitude for the controlled airspace area.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17, 1991]



Sec. 171.11  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet at least the Federal 
Communications Commission's licensing requirements and show that he has 
the special knowledge and skills needed to maintain the facility 
including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain FAA approval of, an 
operations and maintenance manual that sets forth mandatory procedures 
for operations, preventive maintenance, and emergency maintenance, 
including instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operation of an air traffic advisory service if the VOR is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.

[[Page 743]]

    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.13.
    (10) Monitoring of the facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) An explanation of the kinds of activity (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
recertification of the facility by FAA flight check.
    (15) Procedures for conducting a ground check of course accuracy.
    (16) Commissioning of the facility.
    (17) An acceptable procedure for amending or revising the manual.
    (18) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification, whether by Morse code or recorded voice announcement, 
and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (c) The owner shall make a ground check of course accuracy each 
month in accordance with procedures approved by the FAA at the time of 
commissioning, and shall report the results of the checks as provided in 
Sec. 171.13.
    (d) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and may not allow any modifications to be made 
without specific approval.
    (e) The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.
    (f) Whenever it is required by the FAA, the owner shall incorporate 
improvements in VOR maintenance brought about by progress in the state 
of the art. In addition, he shall provide a stock of spare parts, 
including vacuum tubes, of such a quantity to make possible the prompt 
replacement of components that fail or deteriorate in service.
    (g) The owner shall provide all approved test instruments needed for 
maintenance of the facility.
    (h) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.13  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports on forms furnished by the FAA, at the times 
indicated, to the FAA Regional office for the area in which the facility 
is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner with the equipment adjustments and meter 
readings as of the time of commissioning, with one copy to be kept in 
the permanent records of the facility and two copies to the appropriate 
Regional office of the FAA. The owner shall revise the form after any 
major repair, modernization, or returning, to reflect an accurate record 
of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6003-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional office of the FAA at the end 
of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility.

[[Page 744]]

The owner shall keep the original of each month's record at the facility 
and send a copy of it to the appropriate Regional office of the FAA.
    (d) [Reserved]
    (e) VOR ground check error data (Forms FAA-2396 and 2397). To 
contain results of the monthly course accuracy ground check in 
accordance with FAA Handbook AF P 6790.9 ``Maintenance Instructions for 
VHF Omniranges''. The owner shall keep the originals in the facility and 
send a copy of each form to the appropriate Regional office of the FAA 
on a monthly basis.

(49 U.S.C. 1348)

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-5, 34 
FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug. 19, 1975]



            Subpart B_Nondirectional Radio Beacon Facilities



Sec. 171.21  Scope.

    (a) This subpart sets forth minimum requirements for the approval 
and operation of non-Federal, nondirectional radio beacon facilities 
that are to be involved in the approval of instrument flight rules and 
air traffic control procedures related to those facilities.
    (b) A nondirectional radio beacon (``H'' facilities domestically--
NDB facilities internationally) radiates a continuous carrier of 
approximately equal intensity at all azimuths. The carrier is modulated 
at 1020 cycles per second for station identification purposes.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.23  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on a 
nondirectional radio beacon facility that he owns must submit the 
following information with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.27 and is installed in 
accordance with Sec. 171.29.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance arrangement and a maintenance manual that 
meets the requirements of Sec. 171.31.
    (4) A statement of intention to meet the requirements of this 
subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this subparagraph.
    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.25  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal, 
nondirectional radio beacon facility under this subpart:
    (1) The facility's performances, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.27.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.29.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.31.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.33, and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.

[[Page 745]]

    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements. In addition, the facility may be de-commissioned whenever 
the frequency channel is needed for higher priority common system 
service.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.27  Performance requirements.

    (a) The facility must meet the performance requirements set forth in 
the ``International Standards and Recommended Practices, Aeronautical 
Telecommunications, Part I, paragraph 3.4'' (Annex 10 to the Convention 
on International Civil Aviation), except that identification by on-off 
keying of a second carrier frequency, separated from the main carrier by 
1020 Hz plus or minus 50 Hz, is also acceptable.
    (b) The facility must perform in accordance with recognized and 
accepted good electronic engineering practices for the desired service.
    (c) Ground inspection consists of an examination of the design 
features of the equipment to determine (based on recognized and accepted 
good engineering practices) that there will not be conditions that will 
allow unsafe operations because of component failure or deterioration.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accord- ance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 207. The 
original test is made by the FAA and later tests shall be made under 
arrangements, satisfactory to the FAA, that are made by the owner.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.29  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and FCC 
licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power.
    (c) Dual transmitting equipment may be required to support some IFR 
procedures.
    (d) A facility intended for use as an instrument approach aid for an 
airport must have or be supplemented by (depending on the circumstances) 
the following ground-air or landline communications services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. Voice on the aid controlled from the 
airport is acceptable.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (d)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communication facility.

Paragraphs (d) (1) and (2) of this section are not mandatory at airports 
where an adjacent FAA facility can communicate with aircraft on the 
ground at the airport and during the entire proposed instrument approach 
procedure. In addition, at low traffic density airports within or 
immediately adjacent to controlled airspace, and where extensive delays 
are not a factor, the requirements of paragraphs (d) (1) and (2) of this 
section may be reduced to reliable communications (at least a landline 
telephone) from the airport to the nearest FAA air traffic control or 
communications facility, if an adjacent FAA facility can communicate 
with aircraft during the proposed instrument approach procedure, at 
least down to the minimum en route altitude for the controlled airspace 
area.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-16, 
56 FR 65664, Dec. 17, 1991]



Sec. 171.31  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance

[[Page 746]]

personnel to maintain the facility at the level attained at the time it 
was commissioned. Each person who maintains a facility must meet at 
least the Federal Communications Commission's licensing requirements and 
show that he has the special knowledge and skills needed to maintain the 
facility including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operation of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed arrangements for maintenance flight inspection and 
servicing stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.33.
    (10) Monitoring of the facility, at least once each half hour, to 
assure continuous operation.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) Commissioning of the facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification, whether by Morse code or recorded voice announcement, 
and the time spacing of the identification.
    (c) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and meet applicable requirements of the FCC.
    (d) The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.
    (e) The owner shall provide a stock of spare parts, including vacuum 
tubes, of such a quantity to make possible the prompt replacement of 
components that fail or deteriorate in service.
    (f) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.33  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the times indicated, to the FAA Regional 
office for the area in which the facility is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent records of the 
facility and two copies to the appropriate Regional Office of the FAA. 
The owner shall revise the form after

[[Page 747]]

any major repair, modernization, or returning, to reflect an accurate 
record of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the FAA at the end 
of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-10, 
40 FR 36110, Aug. 19, 1975]



          Subpart C_Instrument Landing System (ILS) Facilities



Sec. 171.41  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal Instrument Landing System (ILS) Facilities that 
are to be involved in the approval of instrument flight rules and air 
traffic control procedures related to those facilities.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]



Sec. 171.43  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on an ILS 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.47 and is installed in 
accordance with Sec. 171.49.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.51.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this subparagraph.
    (b) After the FAA inspects and evaluates the facility, it advises 
the owner of the results and of any required changes in the facility or 
the maintenance manual or maintenance organization. The owner must then 
correct the deficiencies, if any, and operate the facility for an in-
service evaluation by the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-7, 35 
FR 12711, Aug. 11, 1970]



Sec. 171.45  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA will approve an IFR procedure for a non-Federal 
Instrument Landing System:
    (1) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.47.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.49.
    (3) The owner must agree to operate and maintain the facility in 
accord- ance with Sec. 171.51.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.53 and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph

[[Page 748]]

(a) of this section, the FAA commissions the facility as a prerequisite 
to its approval for use in an IFR procedure. The approval is withdrawn 
at any time the facility does not continue to meet those requirements. 
In addition, the facility may be de-commissioned whenever the frequency 
channel is needed for higher priority common system service.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970]



Sec. 171.47  Performance requirements.

    (a) The Instrument Landing System must perform in accordance with 
the ``International Standards and Recommended Practices, Aeronautical 
Telecommunications, Part I, Paragraph 3.1'' (Annex 10 to the Convention 
on International Civil Aviation) except as follows:
    (1) The first part of paragraph 3.1.3, relating to suppression of 
radiation wholly or in part in any or all directions outside the 20-
degree sector centered on the course line to reduce localizer does not 
apply.
    (2) Radiation patterns must conform to limits specified in 3.1.3.3 
and 3.1.3.4, but this does not mean that suppression of radiation to the 
rear of the antenna array to satisfy difficult siting positions (as per 
3.1.3.1.4) is not allowed. For example, if a reflector screen for the 
antenna array is required to overcome a siting problem, the area to the 
rear of the localizer may be made unusable and should be so advertised.
    (3) A third marker beacon (inner marker) is not required.
    (4) The frequency tolerance of the radio frequency carrier must not 
exceed plus or minus 0.002 percent.
    (b) Ground inspection consists of an examination of the design 
features of the equipment to determine that there will not be conditions 
that will allow unsafe operations because of component failure or 
deterioration.
    (c) The monitor is checked periodically, during the in-service test 
evaluation period, for calibration and stability. These tests, and 
ground checks of glide slope and localizer radiation characteristics, 
are conducted in accordance with FAA Handbooks AF P 6750.1 and AF P 
6750.2 ``Maintenance Instructions for ILS Localizer Equipment'' and 
``Maintenance Instructions for ILS Glide Slope Equipment''.
    (d) Flight tests to determine the facility's adequacy for 
operational requirements and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accord- ance with the ``U.S. 
Standard Flight Inspection Manual'', particularly section 217.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1974, as amended by Amdt. 171-9, 38 
FR 28557, Oct. 15, 1973]



Sec. 171.49  Installation requirements.

    (a) The facility must be of a permanent nature, located, 
constructed, and installed according to ICAO Standards (Annex 10), 
accepted good engineering practices, applicable electric and safety 
codes, and FCC licensing requirements.
    (b) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated. A 
determination by the Administrator as to whether a facility will be 
required to have stand-by power for the localizer, glide slope and 
monitor accessories to supplement the primary power, will be made for 
each airport based upon operational minimums and density of air traffic.
    (c) A determination by the Administrator as to whether a facility 
will be required to have dual transmitting equipment with automatic 
changeover for localizer and glide slope components, will be made for 
each airport based upon operational minimums and density of air traffic.
    (d) There must be a means for determining, from the ground, the 
perform- ance of the equipment (including antennae), initially and 
periodically.
    (e) The facility must have, or be supplemented by (depending on the 
circumstances) the following ground-air or landline communications 
services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. The utilization of voice on the ILS 
frequency should be determined by the facility operator on an individual 
basis.

[[Page 749]]

    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (e)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest FAA air traffic 
control or communications facility.

Paragraphs (e)(1) and (e)(2) of this section are not mandatory at 
airports where an adjacent FAA facility can communicate with aircraft on 
the ground at the airport and during the entire proposed instrument 
approach procedure. In addition, at low traffic density airports within 
or immediately adjacent to controlled airspace, and where extensive 
delays are not a factor, the requirements of paragraphs (e)(1) and 
(e)(2) of this section may be reduced to reliable communications (at 
least a landline telephone) from the airport to the nearest FAA air 
traffic control or communications facility, if an adjacent FAA facility 
can communicate with aircraft during the proposed instrument approach 
procedure down to the airport surface or at least to the minimum 
approach altitude.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-6, 35 
FR 10288, June 24, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17, 1991]



Sec. 171.51  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet at least the Federal 
Communications Commission's licensing requirements and show that he has 
the special knowledge and skills needed to maintain the facility 
including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) FCC licensing requirements for operating and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relation between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information (if applicable), and instructions for the 
operations of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.53.
    (10) Monitoring of the facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notices to Airmen'').
    (14) Commissioning of the facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) An explanation of the kinds of activities (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
recertification of the facility by FAA flight check.
    (17) Procedures for conducting a ground check or localizer course 
alignment width, and clearance, and glide slope elevation angle and 
width.
    (18) The following information concerning the facility:
    (i) Facility component locations with respect to airport layout, 
instrument runway, and similar areas.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.

[[Page 750]]

    (iii) The station power emission and frequencies of the localizer, 
glide slope, markers, and associated compass locators, if any.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (c) The owner shall make a ground check of the facility each month 
in accordance with procedures approved by the FAA at the time of 
commissioning, and shall report the results of the checks as provided in 
Sec. 171.53.
    (d) If the owner desires to modify the facility, he must submit the 
proposal to the FAA and may not allow any modifications to be made 
without specific approval.
    (e) ``The owner's maintenance personnel must participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.''
    (f) Whenever it is required by the FAA, the owner shall incorporate 
improvements in ILS maintenance brought about by progress in the state 
of the art. In addition, he shall provide a stock of spare parts, 
including vacuum tubes, of such a quantity to make possible the prompt 
replacement of components that fail or deteriorate in service.
    (g) The owner shall provide FAA approved test instruments needed for 
maintenance of the facility.
    (h) The owner shall close the facility upon receiving two successive 
pilot reports of its malfunctioning.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 
FR 5408, Apr. 6, 1966]



Sec. 171.53  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the times indicated, to the FAA Regional 
Office for the area in which the facility is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent records of the 
facility and two copies to the appropriate Regional Office of the FAA. 
The owner shall revise the form after any major repair, modernization, 
or retuning, to reflect an accurate record of facility operation and 
adjustment.
    (b) Facility maintenance log (FormFAA 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the FAA at the end 
of each month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418). To contain a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the FAA.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-5, 34 
FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug. 19, 1975]



                          Subpart D_True Lights



Sec. 171.61  Air navigation certificate: Revocation and termination.

    (a) Except as provided in paragraph (b) of this section, each air 
navigation certificate of ``Lawful Authority to Operate a True Light'' 
is hereby revoked, and each application therefor is hereby terminated.
    (b) Paragraph (a) of this section does not apply to--
    (1) A certificate issued to a Federal-Aid Airport Program sponsor 
who was required to apply for that certificate under regulations then in 
effect, and who has not surrendered that certificate under Sec. 
151.86(e) of this chapter; or
    (2) An application made by a Federal-Aid Airport Program sponsor who 
was required to make that application under regulations then in effect, 
and

[[Page 751]]

who has not terminated that application under Sec. 151.86(e) of this 
chapter.

(49 U.S.C. 1101-1120; sec. 307, 72 Stat. 749, 49 U.S.C. 1348)

[Amdt. 171-4, 33 FR 12545, Sept. 5, 1968]



                            Subpart E_General



Sec. 171.71  Materials incorporated by reference.

    Copies of standards, recommended practices and documents 
incorporated by reference in this part are available for the use of 
interested persons at any FAA Regional Office and FAA Headquarters. An 
historical file of these materials is maintained at Headquarters, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20590.

[Amdt. 171-8, 36 FR 5584, Mar. 25, 1971]



Sec. 171.73  Alternative forms of reports.

    On a case-by-case basis, a Regional Administrator may accept any 
report in a format other than the FAA form required by this part if he 
is satisfied that the report contains all the information required on 
the FAA form and can be processed by FAA as conveniently as the FAA 
form.

(49 U.S.C. 1348)

[Amdt. 171-5, 34 FR 15245, Sept. 30, 1969, as amended by Amdt. 171-15, 
54 FR 39296, Sept. 25, 1989]



Sec. 171.75  Submission of requests.

    (a) Requests for approval of facilities not having design and 
operational characteristics identical to those of facilities currently 
approved under this part, including requests for deviations from this 
part for such facilities, must be submitted to the Director, Advanced 
Systems Design Service.
    (b) The following requests must be submitted to the Regional 
Administrator of the region in which the facility is located:
    (1) Requests for approval of facilities that have design and 
operational characteristics identical to those of facilities currently 
approved under this part, including requests for deviations from this 
part for such facilities.
    (2) Requests for deviations from this part for facilities currently 
approved under this part.
    (3) Requests for modification of facilities currently approved under 
this part.

[Amdt. 171-7, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-15, 54 
FR 39296, Sept. 25, 1989]



             Subpart F_Simplified Directional Facility (SDF)

    Source: Docket No. 10116, 35 FR 12711, Aug. 11, 1970, unless 
otherwise noted.



Sec. 171.101  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal Simplified Directional Facilities (SDF) that 
are to be involved in the approval of instrument flight rules and air 
traffic control procedures related to those facilities.



Sec. 171.103  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on an SDF that 
he owns must submit the following information with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.109 and the standards 
and tolerances of Sec. 171.111, and is installed in accordance with 
Sec. 171.113.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.115.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability as prescribed in Sec. 171.111(k), and an 
acceptable standard of performance. Previous equivalent operational 
experience with a facility with identical design and operational 
characteristics will be considered in showing compliance with this 
paragraph.
    (b) After the Federal Aviation Administration inspects and evaluates 
the facility, it advises the owner of the results and of any required 
changes in the facility or the maintenance manual or maintenance 
organization. The

[[Page 752]]

owner must then correct the deficiencies, if any, and operate the 
facility for an in-service evaluation by the Federal Aviation 
Administration.



Sec. 171.105  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the Federal Aviation Administration will approve an IFR procedure 
for a non-Federal Simplified Directional Facility:
    (1) A suitable frequency channel must be available.
    (2) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. Sec. 171.109 and 
171.111.
    (3) The installation of the equipment must meet the requirements of 
Sec. 171.113.
    (4) The owner must agree to operate and maintain the facility in 
accordance with Sec. 171.115.
    (5) The owner must agree to furnish periodic reports as set forth in 
Sec. 171.117, and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (6) The owner must assure the FAA that he will not withdraw the 
facility from service without the permission of the FAA.
    (7) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the FAA may bear certain of these 
costs subject to budgetary limitations and policy established by the 
Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA commissions the facility as a 
prerequisite to its approval for use in an IFR procedure. The approval 
is withdrawn at any time the facility does not continue to meet those 
requirements. In addition, the facility is licensed by the Federal 
Communications Commission. The Federal Aviation Administration 
recommends cancellation or nonrenewal of the Federal Communications 
Commission license whenever the frequency channel is needed for higher 
priority common system service.



Sec. 171.107  Definition.

    As used in this subpart:
    SDF (simplified directional facility) means a directional aid 
facility providing only lateral guidance (front or back course) for 
approach from a final approach fix.
    DDM (difference in depth of modulation) means the percentage 
modulation depth of the larger signal minus the percentage modulation 
depth of the smaller signal, divided by 100.
    Angular displacement sensitivity means the ratio of measured DDM to 
the corresponding angular displacement from the appropriate reference 
line.
    Back course sector means the course sector on the opposite end of 
the runway from the front course sector.
    Course line means the locus of points along the final approach 
course at which the DDM is zero.
    Course sector means a sector in a horizontal plane containing the 
course line and limited by the loci of points nearest to the course line 
at which the DDM is 0.155.
    Displacement sensitivity means the ratio of measured DDM to the 
corresponding lateral displacement from the appropriate reference line.
    Front course sector means the course sector centered on the course 
line in the direction from the runway in which a normal final approach 
is made.
    Half course sector means the sector in a horizontal plane containing 
the course line and limited by the loci of points nearest to the course 
line, at which the DDM is 0.0775.
    Point A means a point on the front course in the approach direction 
a distance of 4 nautical miles from the threshold.
    Point A1 means a point on the front course in the approach direction 
a distance of 1 statute mile from the threshold.
    Point A2 means a point on the front course at the threshold.
    Reference datum means a point at a specified height located 
vertically above the intersection of the course and the threshold.
    Missed approach point means the point on the final approach course, 
not farther from the final approach fix

[[Page 753]]

than Point ``A2'', at which the approach must be abandoned, if the 
approach and subsequent landing cannot be safely completed by visual 
reference, whether or not the aircraft has descended to the minimum 
descent altitude.



Sec. 171.109  Performance requirements.

    (a) The Simplified Directional Facility must perform in accordance 
with the following standards and practices:
    (1) The radiation from the SDF antenna system must produce a 
composite field pattern which is amplitude modulated by a 90 Hz and a 
150 Hz tone. The radiation field pattern must produce a course sector 
with the 90 Hz tone predominating on one side of the course and with the 
150 Hz tone predominating on the opposite side.
    (2) When an observer faces the SDF from the approach end of runway, 
the depth of modulation of the radio frequency carrier due to the 150 Hz 
tone must predominate on his right hand and that due to the 90 Hz tone 
must predominate on his left hand.
    (3) All horizontal angles employed in specifying the SDF field 
patterns must originate from the center of the antenna system which 
provides the signals used in the front course sector.
    (4) The SDF must operate on odd tenths or odd tenths plus a 
twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz. The 
frequency tolerance of the radio frequency carrier must not exceed plus 
or minus 0.002 percent.
    (5) The radiated emission from the SDF must be horizontally 
polarized. The vertically polarized component of the radiation on the 
course line must not exceed that which corresponds to an error one-
twentieth of the course sector width when an aircraft is positioned on 
the course line and is in a roll attitude of 20[deg] from the 
horizontal.
    (6) The SDF must provide signals sufficient to allow satisfactory 
operation of a typical aircraft installation within the sector which 
extends from the center of the SDF antenna system to distances of 18 
nautical miles within a plus or minus 10[deg] sector and 10 nautical 
miles within the remainder of the coverage when alternative navigational 
facilities provide satisfactory coverage within the intermediate 
approach area. SDF signals must be receivable at the distances specified 
at and above a height of 1,000 feet above the elevation of the 
threshold, or the lowest altitude authorized for transition, whichever 
is higher. Such signals must be receivable, to the distances specified, 
up to a surface extending outward from the SDF antenna and inclined at 
7[deg] above the horizontal.
    (7) The modulation tones must be phase-locked so that within the 
half course sector, the demodulated 90 Hz and 150 Hz wave forms pass 
through zero in the same direction within 20[deg] of phase relative to 
the 150 Hz component, every half cycle of the combined 90 Hz and 150 Hz 
wave form. However, the phase need not be measured within the half 
course sector.
    (8) The angle of convergence of the final approach course and the 
extended runway centerline must not exceed 30[deg]. The final approach 
course must be aligned to intersect the extended runway centerline 
between points A1 and the runway threshold. When an operational 
advantage can be achieved, a final approach course that does not 
intersect the runway or that intersects it at a distance greater than 
point A1 from the threshold, may be established, if that course lies 
within 500 feet laterally of the extended runway centerline at a point 
3,000 feet outward from the runway threshold. The mean course line must 
be maintained within 10 percent of the course 
sector width.
    (9) The nominal displacement sensitivity within the half course 
sector must be 50 microamperes/degree. The nominal course sector width 
must be 6[deg]. When an operational advantage can be achieved, a nominal 
displacement sensitivity of 25 microamperes/degree may be established, 
with a nominal course sector width of 12[deg] with proportional 
displacement sensitivity. The lateral displacement sensitivity must be 
adjusted and maintained within the limits of plus or minus 17 percent of 
the nominal value.
    (10) The off-course (clearance) signal must increase at a 
substantially linear rate with respect to the angular displacement from 
the course line up to an angle on either side of the course

[[Page 754]]

line where 175 microamperes of deflection is obtained. From that angle 
to 10[deg], the off-course deflection must not be 
less than 175 microamperes. From 10[deg] to 35[deg] the off-course deflection must not be less than 
150 microamperes. With the course adjusted to cause any of several 
monitor alarm conditions, the aforementioned values of 175 microamperes 
in the sector 10[deg] each side of course and 150 microamperes in the 
sector 10[deg] to 35[deg] 
may be reduced to 160 microamperes and 135 microamperes, respectively. 
These conditions must be met at a distance of 18 nautical miles from the 
SDF antenna within the sector 10[deg] each side of course line and 10 
nautical miles from the SDF antenna within the sector 10[deg] to 35[deg] each side of 
course line.
    (11) The SDF may provide a ground-to-air radiotelephone 
communication channel to be operated simultaneously with the navigation 
and identification signals, if that operation does not interfere with 
the basic function. If a channel is provided, it must conform with the 
following standards:
    (i) The channel must be on the same radio frequency carrier or 
carriers as used for the SDF function, and the radiation must be 
horizontally polarized. Where two carriers are modulated with speech, 
the relative phases of the modulations on the two carriers must avoid 
the occurrence of nulls within the coverage of the SDF.
    (ii) On centerline, the peak modulation depth of the carrier or 
carriers due to the radiotelephone communications must not exceed 50 
percent but must be adjusted so that the ratio of peak modulation depth 
due to the radiotelephone communications to that due to the 
identification signal is approximately 9:1.
    (iii) The audio frequency characteristics of the radiotelephone 
channel must be flat to within 3 db relative to the level at 1,000 Hz 
over the range from 300 Hz to 3,000 Hz.
    (12)(i) The SDF must provide for the simultaneous transmission of an 
identification signal, specific to the runway and approach direction, on 
the same radio frequency carrier or carriers as used for the SDF 
function. The transmission of the identification signal must not 
interfere in any way with the basic SDF function.
    (ii) The identification signal must be produced by Class A2 
modulation of the radio frequency carrier or carriers using a modulation 
tone of 1020 Hz within 50 Hz. The depth of 
modulation must be between the limits of 5 and 15 percent except that, 
where a radiotelephone communication channel is provided, the depth of 
modulation must be adjusted so that the ratio of peak modulation depth 
due to radiotelephone communications to that due to the identification 
signal modulation is approximately 9:1. The emissions carrying the 
identification signal must be horizontally polarized.
    (iii) The identification signal must employ the International Morse 
Code and consist of three letters.
    (iv) The identification signal must be transmitted at a speed 
corresponding to approximately seven words per minute, and must be 
repeated at approximately equal intervals, not less than six times per 
minute. When SDF transmission is not available for operational use, 
including periods of removal of navigational components or during 
maintenance or test transmissions, the identification signal must be 
suppressed.
    (b) It must be shown during ground inspection of the design features 
of the equipment that there will not be conditions that will allow 
unsafe operations because of component failure or deterioration.
    (c) The monitor must be checked periodically during the in-service 
test evaluation period for calibration and stability. These tests, and 
ground checks of SDF radiation characteristics must be conducted in 
accordance with the maintenance manual required by Sec. 171.115(c) and 
must meet the standards and tolerances contained in Sec. 171.111(j).
    (d) The monitor system must provide a warning to the designated 
control point(s) when any of the conditions of Sec. 171.111(j) occur, 
within the time periods specified in that paragraph.
    (e) Flight inspection to determine the adequacy of the facility's 
operational performance and compliance

[[Page 755]]

with applicable performance requirements must be conducted in accordance 
with the ``U.S. Standard Flight Inspection Manual.'' Tolerances 
contained in the U.S. Standard Flight Inspection Manual, section 217, 
must be complied with except as stated in paragraph (f) of this section.
    (f) Flight inspection tolerances specified in section 217 of the 
``U.S. Standard Flight Inspection Manual'' must be complied with except 
as follows:
    (1) Course sector width. The nominal course sector width must be 
6[deg]. When an operational advantage can be achieved, a nominal course 
sector width of 12[deg] may be established. Course sector width must be 
adjusted and maintained within the limits of 17 
percent of the nominal value.
    (2) Course alignment. The mean course line must be adjusted and 
maintained within the limits of 10 percent of the 
nominal course sector width.
    (3) Course structure. Course deviations due to roughness, 
scalloping, or bends must be within the following limitations:
    (i) Front course. (a) Course structure from 18 miles from runway 
threshold to Point A must not exceed 40 
microamperes;
    (b) Point A to Point A-1--linear decrease from not more than 40 microamperes at Point A to not more than 20 microamperes at Point A-1;
    (c) Point A-1 to Missed Approach Point--not more than 20 microamperes;
    (d) Monitor tolerances: width 17 percent of 
nominal; alignment--10 percent of nominal course 
sector width.
    (ii) Back course. (a) Course structure 18 miles from runway 
threshold to 4 miles from runway threshold must not exceed 40 microamperes. Four miles to 1 mile from R/W must not 
exceed 40 microamperes decreasing to not more than 
20 microamperes, at a linear rate.
    (b) Monitor tolerances: width--17 percent of 
nominal; alignment--10 percent of nominal course 
sector width.

[Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-9, 
38 FR 28557, Oct. 15, 1973]



Sec. 171.111  Ground standards and tolerances.

    Compliance with this section must be shown as a condition to 
approval and must be maintained during operation of the SDF.
    (a) Frequency. (1) The SDF must operate on odd tenths or odd tenths 
plus a twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz. 
The frequency tolerance of the radio frequency carrier must not exceed 
plus or minus 0.002 percent.
    (2) The modulating tones must be 90 Hz and 150 Hz within 2.5 percent.
    (3) The identification signal must be 1020 Hz within 50 Hz.
    (4) The total harmonic content of the 90 Hz tone must not exceed 10 
percent.
    (5) The total harmonic content of the 150 Hz tone must not exceed 10 
percent.
    (b) Power output. The normal carrier power output must be of a value 
which will provide coverage requirements of Sec. 171.109(a)(6) when 
reduced by 3 dB to the monitor RF power reduction alarm point specified 
in Sec. 171.111(j)(3).
    (c) VSWR. (1) The VSWR of carrier and sideband feedlines must be a 
nominal value of 1/1 and must not exceed 1.2/1.
    (2) The sponsor will also provide additional manufacturer's ground 
standards and tolerances for all VSWR parameters peculiar to the 
equipment which can effect performance of the facility in meeting the 
requirements specified in Sec. Sec. 171.109 and 171.111.
    (d) Insulation resistance. The insulation resistance of all coaxial 
feedlines must be greater than 20 megohms.
    (e) Depth of modulation. (1) The depth of modulation of the radio 
frequency carrier due to each of the 90 Hz and 150 Hz tones must be 20 
percent 2 percent along the course line.
    (2) The depth of modulation of the radio frequency carrier due to 
the 1020 Hz identification signal must be within 5 percent to 15 
percent.
    (f) Course sector width. The standard course sector width must be 
6[deg] or 12[deg]. The course sector must be maintained with 17 percent of the standard.
    (g) Course alignment. Course alignment must be as specified in Sec. 
171.109(a)(8).
    (h) Back course alignment and width. If a back course is provided, 
standards

[[Page 756]]

and tolerances for back course sector width and alignment must be the 
same as course sector width and course alignment specified in paragraphs 
(f) and (g) of this section.
    (i) Clearance. Clearance must be as specified in Sec. 
171.109(a)(10).
    (j) Monitor standards and tolerances. (1) The monitor system must 
provide a warning to the designated control point(s) when any of the 
conditions described in this paragraph occur, within the time periods 
specified in paragraph (j)(6) of this section.
    (2) Course shift alarm: The monitor must alarm and cause radiation 
to cease, or identification and navigation signals must be removed, if 
the course alignment deviates from standard alignment by 10 percent or 
more of the standard course sector width.
    (3) RF power reduction alarm: The monitor must alarm and cause 
radiation to cease, or identification and navigation signals must be 
removed, if the output power is reduced by 3 db or more from normal.
    (4) Modulation level alarm: The monitor must alarm and cause 
radiation to cease, or identification and navigation signals must be 
removed, if the 90 Hz and 150 Hz modulation levels decrease by 17 
percent or more.
    (5) Course sector width alarm: The monitor must alarm and cause 
radiation to cease, or identification and navigation signals must be 
removed, for a change in course sector width to a value differing by 
17 percent or more from the standard.
    (6) Monitor delay before shutdown: Radiation must cease, or 
identification and navigation signals must be removed, within 10 seconds 
after a fault is detected by the monitor, and no attempt must be made to 
resume radiation for a period of at least 20 seconds. If an automatic 
recycle device is used, not more than three successive recycles may be 
permitted before a complete SDF shutdown occurs.
    (k) Mean time between failures. The mean time between failures must 
not be less than 800 hours. This measure is applied only to equipment 
failures (monitor or transmitting equipment, including out of tolerance 
conditions) which result in facility shutdown. It does not relate to the 
responsiveness of the maintenance organization.
    (l) Course alignment stability. Drift of the course alignment must 
not exceed one-half the monitor limit in a 1-week period.

[Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-9, 
38 FR 28558, Oct. 15, 1973]



Sec. 171.113  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and FCC 
requirements.
    (b) The SDF facility must have the following basic components:
    (1) VHF SDF equipment and associated monitor system;
    (2) Remote control, and indicator equipment (remote monitor) when 
required by the FAA;
    (3) A final approach fix; and
    (4) Compass locator (COMLO) or marker if suitable fixes and initial 
approach routes are not available from existing facilities.
    (c) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated. 
Also, adequate power capacity must be provided for operation of test and 
working equipment at the SDF. A determination by the Federal Aviation 
Administration as to whether a facility will be required to have standby 
power for the SDF and monitor accessories to supplement the primary 
power will be made for each airport based upon operational minimums and 
density of air traffic.
    (d) A determination by the Federal Aviation Administration as to 
whether a facility will be required to have dual transmitting equipment 
with automatic changeover for the SDF will be made for each airport 
based upon operational minimums and density of air traffic.
    (e) There must be a means for determining, from the ground, the 
performance of the equipment (including antennae), initially and 
periodically.
    (f) The facility must have the following ground-air or landline 
communication services:

[[Page 757]]

    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. The utilization of voice on the SDF 
should be determined by the facility operator on an individual basis.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be ground/air communications required by paragraph 
(b)(1) of this section and reliable communications (at least a landline 
telephone) from the airport to the nearest Federal Aviation 
Administration air traffic control or communications facility.

Compliance with paragraphs (f) (1) and (2) of this section need not be 
shown at airports where an adjacent Federal Aviation Administration 
facility can communicate with aircraft on the ground at the airport and 
during the entire proposed instrument approach procedure. In addition, 
at low traffic density airports within or immediately adjacent to 
controlled airspace, and where extensive delays are not a factor, the 
requirements of paragraphs (f) (1) and (2) of this section may be 
reduced to reliable communications (at least a landline telephone) from 
the airport to the nearest Federal Aviation Administration air traffic 
control or communications facility, if an adjacent Federal Aviation 
Administration facility can communicate with aircraft during the 
proposed instrument approach procedure down to the airport surface or at 
least down to the minimum approach altitude.
    (g) At those locations where two separate SDF facilities serve 
opposite ends of a single runway, an interlock must insure that only the 
facility serving the approach direction in use can radiate, except where 
no operationally harmful interference results.
    (h) At those locations where, in order to alleviate frequency 
congestion, the SDF facilities serving opposite ends of one runway 
employ identical frequencies, an interlock must insure that the facility 
not in operational use cannot radiate.
    (i) Provisions for maintenance and operations by authorized persons 
only.
    (j) Where an operational advantage exists, the installation may omit 
a back course.

[Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-16, 
56 FR 65664, Dec. 17, 1991]



Sec. 171.115  Maintenance and operations requirements.

    (a) The owner of the facility shall establish an adequate 
maintenance system and provide qualified maintenance personnel to 
maintain the facility at the level attained at the time it was 
commissioned. Each person who maintains a facility shall meet at a 
minimum the Federal Communications Commission's licensing requirements 
and show that he has the special knowledge and skills needed to maintain 
the facility, including proficiency in maintenance procedures and the 
use of specialized test equipment.
    (b) The SDF must be designed and maintained so that the probability 
of operation within the performance requirements specified is high 
enough to insure an adequate level of safety. In the event out-of-
tolerance conditions develop, the facility shall be removed from 
operation, and the designated control point notified.
    (c) The owner must prepare, and obtain approval of, and each person 
operating or maintaining the facility shall comply with, an operations 
and maintenance manual that sets forth procedures for operations, 
preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility. This includes provisions for 
designating critical areas relative to the facility and preventing or 
controlling movements within the facility that may adversely affect SDF 
operations.
    (2) Maintenance and operations by authorized persons only.
    (3) Federal Communications Commission requirements for operating 
personnel and maintenance personnel.
    (4) Posting of licenses and signs.
    (5) Relation between the facility and Federal Aviation 
Administration air traffic control facilities, with a description of the 
boundaries of controlled airspace over or near the facility, 
instructions for relaying air traffic

[[Page 758]]

control instructions and information (if applicable), and instructions 
for the operation of an air traffic advisory service if the facility is 
located outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of Federal Aviation Administration 
manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.117.
    (10) Monitoring of the facility.
    (11) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (12) Inspection by U.S. personnel.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns, except that private use 
facilities may omit ``Notices to Airmen.''
    (14) Commissioning of the facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) An explanation of the kinds of activities (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
certification of the facility by Federal Aviation Administration flight 
check.
    (17) Procedure for conducting a ground check of SDF course 
alignment, width and clearance.
    (18) The following information concerning the facility:
    (i) Facility component locations with respect to airport layout, 
instrument runway, and similar areas;
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service;
    (iii) The station power emission and frequencies of the SDF, markers 
and associated COMLOs, if any;
    (iv) The hours of operation;
    (v) Station identification call letters and method of station 
identification and the time spacing of the identification;
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without a Federal Aviation Administration flight 
check to confirm published operations.
    (d) The owner shall make a ground check of the facility each month 
in accordance with procedures approved by the Federal Aviation 
Administration at the time of commissioning, and shall report the 
results of the checks as provided in Sec. 171.117.
    (e) If the owner desires to modify the facility, he shall submit the 
proposal to the Federal Aviation Administration and may not allow any 
modifications to be made without specific approval.
    (f) The owner's maintenance personnel shall participate in initial 
inspections made by the Federal Aviation Administration. In the case of 
subsequent inspections, the owner or his representatives shall 
participate.
    (g) Whenever it is required by the Federal Aviation Administration, 
the owner shall incorporate improvements in SDF maintenance. In 
addition, he shall provide a stock of spare parts, of such a quantity, 
to make possible the prompt replacement of components that fail or 
deteriorate in service.
    (h) The owner shall provide Federal Aviation Administration approved 
test instruments needed for maintenance of the facility.
    (i) The owner shall close the facility by ceasing radiation and 
shall issue a ``Notice to Airmen'' that the facility is out of service 
(except that private use facilities may omit ``Notices to Airmen''), 
upon receiving two successive pilot reports of its malfunctioning.



Sec. 171.117  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the time indicated, to the Federal Aviation 
Administration Regional Office for the area in which the facility is 
located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent records of the 
facility and two copies to the appropriate Regional Office of the 
Federal Aviation Administration. The owner shall revise the form after 
any

[[Page 759]]

major repair, modification, or retuning, to reflect an accurate record 
of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6030-1) This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the Federal 
Aviation Administration at the end of each month in which it is 
prepared.
    (c) Radio equipment operation record (Form FAA-418), containing a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the Federal Aviation Administration.

[Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt. 171-10, 
40 FR 36110, Aug. 19, 1975]



              Subpart G_Distance Measuring Equipment (DME)

    Source: Docket No. 10116, 35 FR 12715, Aug. 11, 1970, unless 
otherwise noted.



Sec. 171.151  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal DME facilities that are to be involved in the 
approval of instrument flight rules and air traffic control procedures 
related to those facilities.



Sec. 171.153  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on a DME 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.157 and is installed in 
accordance with Sec. 171.159.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and maintenance manual that 
meets the requirement of Sec. 171.161.
    (4) A statement of intention to meet the requirements of this 
subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this paragraph.
    (b) After the Federal Aviation Administration inspects and evaluates 
the facility, it advises the owner of the results and of any required 
changes in the facility or the maintenance manual or maintenance 
organization. The owner must then correct the deficiencies, if any, and 
operate the facility for an in-service evaluation by the Federal 
Aviation Administration.



Sec. 171.155  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the Federal Aviation Administration will approve an IFR procedure 
for a non-Federal DME:
    (1) A suitable frequency channel must be available.
    (2) The facility's performance, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.157.
    (3) The installation of the equipment must meet the requirements of 
Sec. 171.159.
    (4) The owner must agree to operate and maintain the facility in 
accordance with Sec. 171.161.
    (5) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.163, and must agree to allow the Federal Aviation 
Administration to inspect the facility and its operation whenever 
necessary.
    (6) The owner must assure the Federal Aviation Administration that 
he will not withdraw the facility from service without the permission of 
the Federal Aviation Administration.
    (7) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal

[[Page 760]]

Aviation Administration may bear certain of these costs subject to 
budgetary limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the Federal Aviation Administration 
commissions the facility as a prerequisite to its approval for use in an 
IFR procedure. The approval is withdrawn at any time the facility does 
not continue to meet those requirements.



Sec. 171.157  Performance requirements.

    (a) The DME must meet the performance requirements set forth in the 
``International Standards and Recommended Practices. Aeronautical 
Telecommunications, Part I, Paragraph 3.5'' (Annex 10 to the Convention 
of International Civil Aviation).
    (b) It must be shown during ground inspection of the design features 
of the equipment that there will not be conditions that will allow 
unsafe operations because of component failure or deterioration.
    (c) The monitor must be checked periodically, during the in-service 
test evaluation period, for calibration and stability. These tests and 
ground tests of the functional and performance characteristics of the 
DME transponder must be conducted in accordance with the maintenance 
manual required by Sec. 171.161(b).
    (d) Flight inspection to determine the adequacy of the facility's 
operational performance and compliance with applicable ``Standards and 
Recommended Practices'' must be accomplished in accordance with the 
``U.S. Standard Flight Inspection Manual.''

[Docket No. 10116, 35 FR 12715, Aug. 11, 1970, as amended by Amdt. 171-
13, 50 FR 4875, Nov. 27, 1985]



Sec. 171.159  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and Federal 
Communications Commission requirements.
    (b) The facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated, 
with a supplemental standby system, if needed.
    (c) Dual transmitting equipment with automatic changeover is 
preferred and may be required to support certain IFR procedures.
    (d) There must be a means for determining from the ground, the 
performance of the equipment, initially and periodically.
    (e) A facility intended for use as an instrument approach aid for an 
airport must have or be supplemented by the following ground air or 
landline communications services:
    (1) At facilities outside of and not immediately adjacent to 
controlled airspace, there must be ground-air communications from the 
airport served by the facility. Separate communications channels are 
acceptable.
    (2) At facilities within or immediately adjacent to controlled 
airspace, there must be the ground-air communications required by 
paragraph (e)(1) of this section and reliable communications (at least a 
landline telephone) from the airport to the nearest Federal Aviation 
Administration air traffic control or communications facility. Separate 
communications channels are acceptable.

Compliance with paragraphs (e) (1) and (2) of this section need not be 
shown at airports where an adjacent Federal Aviation Administration 
facility can communicate with aircraft on the ground at the airport and 
during the entire proposed instrument approach procedure. In addition, 
at low traffic density airports within or immediately adjacent to 
controlled airspace, and where extensive delays are not a factor, the 
requirements of paragraphs (e) (1) and (2) of this section may be 
reduced to reliable communications (at least a landline telephone) from 
the airport to the nearest Federal Aviation Administration air traffic 
control or communications facility, if an adjacent Federal Aviation 
Administration facility can communicate with aircraft during the 
proposed instrument approach procedure, at least down to the minimum en 
route altitude for the controlled airspace area.

[Doc. No. 10116, 35 FR 12715, Aug. 11, 1970, as amended by Amdt. 171-16, 
56 FR 65665, Dec. 17, 1991]

[[Page 761]]



Sec. 171.161  Maintenance and operations requirements.

    (a) The owner of the facility shall establish an adequate 
maintenance system and provide qualified maintenance personnel to 
maintain the facility at the level attained at the time it was 
commissioned. Each person who maintains a facility shall meet at a 
minimum the Federal Communications Commission's licensing requirements 
and show that he has the special knowledge and skills needed to maintain 
the facility, including proficiency in maintenance procedures and the 
use of specialized test equipment.
    (b) The owner must prepare and obtain Federal Aviation 
Administration approval of, and each person operating or maintaining the 
facility shall comply with, an operations and maintenance manual that 
sets forth procedures for operations, preventive maintenance, and 
emergency maintenance, including instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) Federal Communications Commission's requirements and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and Federal Aviation 
Administration air traffic control facilities, with a description of the 
boundaries of controlled airspace over or near the facility, 
instructions for relaying air traffic control instructions and 
information (if applicable), and instructions for the operation of an 
air traffic advisory service if the DME is located outside of controlled 
airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of Federal Aviation Administration 
manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.163.
    (10) Monitoring of the facility.
    (11) Inspections by U.S. personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns, except that private use 
facilities may omit the ``Notices to Airmen.''
    (14) An explanation of the kinds of activity (such as construction 
or grading) in the vicinity of the facility that may require shutdown or 
reapproval of the facility by Federal Aviation Administration flight 
check.
    (15) Commissioning of the facility.
    (16) An acceptable procedure for amending or revising the manual.
    (17) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and methods of station 
identification, whether by Morse code or recorded voice announcement, 
and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (c) The owner shall make a monthly ground operational check in 
accordance with procedures approved by the FAA at the time of 
commissioning, and shall report the results of the checks as provided in 
Sec. 171.163.
    (d) If the owner desires to modify the facility, he shall submit the 
proposal to the FAA and may not allow any modifications to be made 
without specific approval.
    (e) The owner's maintenance personnel shall participate in initial 
inspections made by the FAA. In the case of subsequent inspections, the 
owner or his representative shall participate.
    (f) Whenever it is required by the FAA, the owner shall incorporate 
improvements in DME maintenance.
    (g) The owner shall provide a stock of spare parts of such a 
quantity to make

[[Page 762]]

possible the prompt replacement of components that fail or deteriorate 
in service.
    (h) The owner shall provide FAA-approved test instruments needed for 
maintenance of the facility.
    (i) The owner shall shut down the facility (i.e., cease radiation 
and issue a NOTAM that the facility is out-of-service) upon receiving 
two successive pilot reports of its malfunctioning.



Sec. 171.163  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports on forms furnished by the FAA, at the time 
indicated, to the FAA Regional office for the area in which the facility 
is located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner with the equipment adjustments and meter 
readings as of the time of commissioning, with one copy to be kept in 
the permanent records of the facility and two copies to the appropriate 
Regional office of the FAA. The owner shall revise the form after any 
major repair, modification, or returning, to reflect an accurate record 
of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the Federal 
Aviation Administration at the end of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418), containing a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the Federal Aviation Administration.

[Doc. No. 10116, 35 FR 12715, Aug. 11, 1970, as amended by Amdt. 171-10, 
40 FR 36110, Aug. 19, 1975]



                      Subpart H_VHF Marker Beacons

    Source: Docket No. 10116, 35 FR 12716, Aug. 11, 1970, unless 
otherwise noted.



Sec. 171.201  Scope.

    (a) This subpart sets forth minimum requirements for the approval 
and operation of non-Federal VHF marker beacon facilities that are to be 
involved in the approval of instrument flight rules and air traffic 
control procedures related to those facilities.
    (b) [Reserved]



Sec. 171.203  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure which will incorporate 
the use of a VHF marker beacon facility that he owns must submit the 
following information with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. 171.207 and is installed in 
accordance with Sec. 171.209.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.211.
    (4) A statement of intent to meet the requirement of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability, and an acceptable standard of performance. 
Previous equivalent operational experience may be shown to comply with 
this subparagraph.
    (b) After the Federal Aviation Administration inspects and evaluates 
the facility, it advises the owner of the results and of any required 
changes in the facility or the maintenance manual or maintenance 
organization. The owner shall then correct the deficiencies, if any, and 
operate the facility for an in-service evaluation by the Federal 
Aviation Administration.



Sec. 171.205  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the Federal Aviation Administration will approve an IFR procedure 
which incorporates the use of a non-Federal VHF marker beacon facility 
under this subpart:

[[Page 763]]

    (1) The facility's performances, as determined by air and ground 
inspection, must meet the requirements of Sec. 171.207.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.209.
    (3) The owner must agree to operate and maintain the facility in 
accordance with Sec. 171.211.
    (4) The owner must agree to furnish periodic reports, as set forth 
in Sec. 171.213, and agree to allow the Federal Aviation Administration 
to inspect the facility and its operation whenever necessary.
    (5) The owner must assure the Federal Aviation Administration that 
he will not withdraw the facility from service without the permission of 
the Federal Aviation Administration.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspections made before the 
facility is commissioned, except that the Federal Aviation 
Administration may bear certain of these costs subject to budgetary 
limitations and policy established by the Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the Federal Aviation Administration 
commissions the facility as a prerequisite to its approval for use in an 
IFR procedure. The approval is withdrawn at any time the facility does 
not continue to meet those requirements.



Sec. 171.207  Performance requirements.

    (a) VHF Marker Beacons must meet the performance requirements set 
forth in the ``International Standards and Recommended Practices, 
Aeronautical Telecommunications, Part I, paragraphs 3.1.6 and 3.6.'' 
(Annex 10 to the Convention on International Civil Aviation) except 
those portions that pertain to identification. Identification of a 
marker beacon (75 MHz) must be in accordance with ``U.S. Standard Flight 
Inspection Manual,'' Sec. 219.
    (b) The facility must perform in accordance with recognized and 
accepted good electronic engineering practices for the desired service. 
The facility must be checked periodically during the in-service test 
evaluation period for calibration and stability. These tests and ground 
tests of the marker radiation characteristics must be conducted in 
accordance with the maintenance manual required by Sec. 171.211(b).
    (c) It must be shown during ground inspection of the design features 
of the equipment that there will not be conditions that will allow 
unsafe operations because of component failure or deterioration.
    (d) Flight inspection to determine the adequacy of the facility's 
operational performance and compliance with applicable ``Standards and 
Recommended Practices'' are conducted in accordance with the ``U.S. 
Standard Flight Inspection Manual.'' The original test is made by the 
Federal Aviation Administration and later tests must be made under 
arrangements, satisfactory to the Federal Aviation Administration, that 
are made by the owner.



Sec. 171.209  Installation requirements.

    (a) The facility must be installed according to accepted good 
engineering practices, applicable electric and safety codes, and Federal 
Communications Commission requirements.
    (b) The facility must have a reliable source of suitable primary 
power.
    (c) Dual transmitting equipment may be required, if applicable, to 
support certain IFR procedures.
    (d) At facilities within or immediately adjacent to controlled 
airspace and that are intended for use as instrument approach aids for 
an airport, there must be ground-air communications or reliable 
communications (at least a landline telephone) from the airport to the 
nearest Federal Aviation Administration air traffic control or 
communication facility. Compliance with this paragraph need not be shown 
at airports where an adjacent Federal Aviation Administration facility 
can communicate with aircraft on the ground at the airport and during 
the entire proposed instrument approach procedure. In addition, at low 
traffic density airports within or immediately adjacent to controlled 
airspace, and where extensive delays are not a factor, the requirements 
of this paragraph may be reduced to reliable communications (at least a 
landline telephone)

[[Page 764]]

from the airport to the nearest Federal Aviation Administration air 
traffic control or communications facility, if an adjacent Federal 
Aviation Administration facility can communicate with aircraft during 
the proposed instrument approach procedure, at least down to the minimum 
en route altitude for the controlled airspace area.

[Doc. No. 10116, 35 FR 12716, Aug. 11, 1970, as amended by Amdt. 171-16, 
56 FR 65665, Dec. 17, 1991]



Sec. 171.211  Maintenance and operations requirements.

    (a) The owner of the facility shall establish an adequate 
maintenance system and provide qualified maintenance personnel to 
maintain the facility at the level attained at the time it was 
commissioned. Each person who maintains a facility shall meet at a 
minimum the Federal Communications Commission's licensing requirements 
and show that he has the special knowledge and skills needed to maintain 
the facility, including proficiency in maintenance procedures and the 
use of specialized test equipment.
    (b) The owner must prepare, and obtain approval of, and each person 
who operates or maintains the facility shall comply with, an operations 
and maintenance manual that sets forth procedures for operations, 
preventive maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons only.
    (3) Federal Communications Commission's requirements for operating 
and maintenance personnel.
    (4) Posting of licenses and signs.
    (5) Relations between the facility and Federal Aviation 
Administration air traffic control facilities, with a description of the 
boundaries of controlled airspace over or near the facility, 
instructions for relaying air traffic control instructions and 
information (if applicable).
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed arrangements for maintenance, flight inspection, and 
servicing, stating the frequency of servicing.
    (8) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.213.
    (9) Monitoring of the facility, at least once each half hour, to 
assure continuous operation.
    (10) Inspections by U.S. personnel.
    (11) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (12) Shutdowns for routine maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns (private use facilities may 
omit the ``Notice to Airmen'').
    (13) Commissioning of the facility.
    (14) An acceptable procedure for amending or revising the manual.
    (15) The following information concerning the facility:
    (i) Location by latitude and longitude to the nearest second, and 
its position with respect to airport layouts.
    (ii) The type, make, and model of the basic radio equipment that 
will provide the service.
    (iii) The station power emission and frequency.
    (iv) The hours of operation.
    (v) Station identification call letters and methods of station 
identification, whether by Morse Code or recorded voice announcement, 
and the time spacing of the identification.
    (c) If the owner desires to modify the facility, he shall submit the 
proposal to the Federal Aviation Administration and meet applicable 
requirements of the Federal Communications Commission, and must not 
allow any modification to be made without specific approval by the 
Federal Aviation Administration.
    (d) The owner's maintenance personnel shall participate in initial 
inspections made by the Federal Aviation Administration. In the case of 
subsequent inspections, the owner or his representative shall 
participate.
    (e) The owner shall provide a stock of spare parts, of such a 
quantity to make possible the prompt replacement of components that fail 
or deteriorate in service.
    (f) The owner shall shut down the facility by ceasing radiation, and 
shall

[[Page 765]]

issue a ``Notice to Airmen'' that the facility is out of service (except 
that private use facilities may omit ``Notices to Airmen'') upon 
receiving two successive pilot reports of its malfunctioning.



Sec. 171.213  Reports.

    The owner of each facility to which this subpart applies shall make 
the following reports, at the times indicated, to the Federal Aviation 
Administration Regional Office for the area in which the facility is 
located:
    (a) Record of meter readings and adjustments (Form FAA-198). To be 
filled out by the owner or his maintenance representative with the 
equipment adjustments and meter readings as of the time of 
commissioning, with one copy to be kept in the permanent records of the 
facility and two copies to the appropriate Regional Office of the 
Federal Aviation Administration. The owner must revise the form after 
any major repair, modification, or retuning, to reflect an accurate 
record of facility operation and adjustment.
    (b) Facility maintenance log (FAA Form 6030-1). This form is a 
permanent record of all equipment malfunctioning met in maintaining the 
facility, including information on the kind of work and adjustments 
made, equipment failures, causes (if determined), and corrective action 
taken. The owner shall keep the original of each report at the facility 
and send a copy to the appropriate Regional Office of the Federal 
Aviation Administration at the end of the month in which it is prepared.
    (c) Radio equipment operation record (Form FAA-418), containing a 
complete record of meter readings, recorded on each scheduled visit to 
the facility. The owner shall keep the original of each month's record 
at the facility and send a copy of it to the appropriate Regional Office 
of the Federal Aviation Administration.

[Doc. No. 10116, 35 FR 12716, Aug. 11, 1970, as amended by Amdt. 171-10, 
40 FR 36110, Aug. 19, 1975]



       Subpart I_Interim Standard Microwave Landing System (ISMLS)

    Source: Docket No. 14120, 40 FR 36110, Aug. 19, 1975, unless 
otherwise noted.



Sec. 171.251  Scope.

    This subpart sets forth minimum requirements for the approval and 
operation of non-Federal Interim Standard Microwave Landing System 
(ISMLS) facilities that are to be involved in the approval of instrument 
flight rules and air traffic control procedures related to those 
facilities.



Sec. 171.253  Definitions.

    As used in this subpart:
    Angular displacement sensitivity (Glide Slope) means the ratio of 
measured DDM to the corresponding angular displacement from the 
appropriate reference line.
    Collocated ground station means the type of ground station which 
transmits two or more guidance signals simultaneously from a common 
location.
    Course line means the locus of points nearest to the runway 
centerline in any horizontal plane at which the DDM is zero.
    Course sector (full) means a sector in a horizontal plane containing 
the course line and limited by the loci of points nearest to the course 
line at which the DDM is 0.155.
    Course sector (half) means the sector in a horizontal plane 
containing the course line and limited by the loci of points nearest to 
the course line at which DDM is 0.0775.
    DDM means difference in depth of modulation. The percentage 
modulation depth of the larger signal minus the percentage modulation 
depth of the smaller signal, divided by 100.
    Displacement sensitivity (Localizer) means the ratio of measured DDM 
to the corresponding lateral displacement from the appropriate reference 
line.
    Facility Performance Category I--ISMLS means an ISMLS which provides 
guidance information from the coverage limit of the ISMLS to the point 
at which the localizer course line intersects the ISMLS glide path at a 
height

[[Page 766]]

of 200 feet or less above the horizontal plane containing the threshold.
    Glide path means that locus of points in the vertical plane 
containing the runway center line at which the DDM is zero, which, of 
all such loci, is the closest to the horizontal plane.
    Glide path angle ([thetas]) means the angle between a straight line 
which represents the mean of the ISMLS glide path and the horizontal.
    Glide path sector (full) means the sector in the vertical plane 
containing the ISMLS glide path and limited by the loci of points 
nearest to the glide path at which the DDM is 0.175. The ISMLS glide 
path sector is located in the vertical plane containing the runway 
centerline, and is divided by the radiated glide path in two parts 
called upper sector and lower sector, referring respectively to the 
sectors above and below the glide path.
    Glide path sector (half) means the sector in the vertical plane 
containing the ISMLS glide path and limited by the loci of points 
nearest to the glide path at which the DDM is 0.0875.
    ISMLS Point `A' means an imaginary point on the glide path/localizer 
course measured along the runway centerline extended, in the approach 
direction, four nautical miles from the runway threshold.
    ISMLS Point `B' means an imaginary point on the glide path/localizer 
course measured along the runway centerline extended, in the approach 
direction, 3500 feet from the runway threshold.
    ISMLS Point `C' means a point through which the downward extended 
straight portion of the glide path (at the commissioned angle) passes at 
a height of 100 feet above the horizontal plane containing the runway 
threshold.
    Interim standard microwave landing system (ISMLS) means a ground 
station which transmits azimuth and elevation angle information which, 
when decoded and processed by the airborne unit, provides signal 
performance capable of supporting approach minima for V/STOL and CTOL 
operations and operates with the signal format and tolerances specified 
in Sec. Sec. 171.259, 171.261, 171.263, 171.265, and 171.267.
    Integrity means that quality which relates to the trust which can be 
placed in the correctness of the information supplied by the facility.
    Mean corrective time means the average time required to correct an 
equipment failure over a given period, after a service man reaches the 
facility.
    Mean time between failures means the average time between equipment 
failure over a given period.
    Reference datum means a point at a specified height located 
vertically above the intersection of the runway centerline and the 
threshold and through which the downward extended straight portion of 
the ISMLS glide path passes.
    Split type ground station means the type of ground station in which 
the electronic components for the azimuth and elevation guidance are 
contained in separate housings or shelters at different locations, with 
the azimuth portion of the ground station located at the stop end of the 
runway, and the elevation guidance near the approach end of the runway.



Sec. 171.255  Requests for IFR procedures.

    (a) Each person who requests an IFR procedure based on an ISMLS 
facility that he owns must submit the following information with that 
request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. Sec. 171.259, 171.261, 
171.263, 171.265, 171.267, and 171.269, and is installed in accordance 
with Sec. 171.271.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.273.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the ISMLS facility has an acceptable level of 
operational reliability, maintainability and acceptable standard of 
performance. Previous equivalent operational experience with a facility 
with identical design and operational characteristics will be considered 
in showing compliance with this paragraph.
    (b) After the FAA inspects and evaluates the ISMLS facility, it 
advises the owner of the results and of any required changes in the 
ISMLS facility

[[Page 767]]

or in the maintenance manual or maintenance organization. The owner must 
then correct the deficiencies, if any, and operate the ISMLS facility 
for an inservice evaluation by the FAA.



Sec. 171.257  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA approves an IFR procedure for a non-Federal ISMLS 
facility:
    (1) The performance of the ISMLS facility, as determined by flight 
and ground inspection conducted by the FAA, must meet the requirements 
of Sec. Sec. 171.259, 171.261, 171.263, 171.265, 171.267, and 171.269.
    (2) The installation of the equipment must meet the requirements of 
Sec. 171.271.
    (3) The owner must agree to operate and maintain the ISMLS facility 
in accordance with Sec. 171.273.
    (4) The owner must agree to furnish periodic reports as set forth in 
Sec. 171.275 and agree to allow the FAA to inspect the facility and its 
operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the 
ISMLS facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspection made before the 
ISMLS facility is commissioned, except that the FAA may bear certain 
costs subject to budgetary limitations and policy established by the 
Administrator.
    (b) If the applicant for approval meets the requirements of 
paragraph (a) of this section, the FAA approves the ISMLS facility for 
use in an IFR procedure. The approval is withdrawn at any time that the 
ISMLS facility does not continue to meet those requirements. In 
addition, the ISMLS facility may be de-commissioned whenever the 
frequency channel is needed for higher priority common system service.



Sec. 171.259  Performance requirements: General.

    (a) The ISMLS consists of the following basic components:
    (1) C-Band (5000 MHz-5030 MHz) localizer equipment, associated 
monitor system, and remote indicator equipment;
    (2) C-Band (5220 MHz-5250 MHz) glide path equipment, associated 
monitor system, and remote indicator equipment;
    (3) VHF marker beacons (75 MHz), associated monitor systems, and 
remote indicator equipment.
    (4) An ISMLS airborne receiver or a VHF/UHF ILS receiver modified to 
be capable of receiving the ISMLS signals. This modification requires 
the addition of a C-Band antenna, a converter unit, a microwave/ILS mode 
control, and a VHF/UHF receiver modification kit.
    (b) The electronic ground equipments in paragraph (a)(1), (2), and 
(3) of this section, must be designed to operate on a nominal 120/240 
volt, 60 Hz, 3-wire single phase AC power source.
    (c) ISMLS ground equipment must meet the following service 
conditions:
    (1) AC line parameters, DC voltage, elevation, and duty:

    120 V nominal value, 102 V to 138 V (1 V).*
    208 V nominal value, 177 V to 239 V (2 V).*
    240 V nominal value, 204 V to 276 V (0.2 V).*
    AC line frequency (60 Hz), 57 Hz to 63 Hz (0.2 
Hz).*
    DC voltage (48 V), 44 V to 52 V (0.5 V).*

    *Note: Where discrete values of the above frequency or voltages are 
specified for testing purposes, the tolerances given in parentheses 
indicated by an asterisk apply to the test instruments used to measure 
these parameters.
    Elevation, 0 to 10,000 ft. above sea level.
    Duty, continuous, unattended.

    (2) Ambient conditions for localizer and glide path equipment:

    Temperature, -10 [deg]C to +50 [deg]C.
    Relative humidity, 5% to 90%.

    (3) Ambient conditions for marker beacon facilities and all other 
equipment installed outdoors (for example, antennae, field detectors, 
and shelters):

    Temperature, -50 [deg]C. to +70 [deg]C.
    Relative humidity, 5% to 100%.

    (4) All equipment installed outdoors must operate satisfactorily 
under the following conditions:

    Wind velocity, 0-100 MPH (not including gusts).
    Hail stones, \1/2\ diameter.

[[Page 768]]

    Rain, provide coverage through a distance of 5 nautical miles with 
rain falling at a rate of 50 millimeters per hour, and with rain falling 
at the rate of 25 millimeters per hour for the additional design 
performance range of the system.
    Ice loading, encased in \1/2\ radial thickness of clear 
ice.

    (d) The ISMLS must perform in accordance with the following 
standards and practices for Facility Performance Category I operation:
    (1) The ISMLS must be constructed and adjusted so that, at a 
specified distance from the threshhold, similar instrumental indications 
in the aircraft represent similar displacements from the course line or 
ISMLS glide path, as appropriate, regardless of the particular ground 
installation in use.
    (2) The localizer and glide path components listed in paragraphs 
(a)(1) and (a)(2) of this section which form part of an ISMLS, must 
comply at least with the standard performance requirements specified 
herein. The marker beacon components listed in paragraph (a)(3) of this 
section which form part of an ISMLS, must comply at least with the 
standard performance requirements specified in subpart H of this part.
    (3) The ISMLS must be so designed and maintained that the 
probability of operation is within the performance requirements 
specified in Sec. 171.273(k).
    (e) The signal format and pairing of the runway localizer and glide 
path transmitter frequencies of an ISMLS must be in accordance with the 
frequency plan approved by the FAA, and must meet the following signal 
format requirements:
    (1) The localizer and glide slope stations must transmit angular 
guidance information on a C-band microwave carrier on narrow, scanned 
antenna beams that are encoded to produce a modulation in space which, 
after averaging over several beam scans, is equivalent to the modulation 
used for conventional ILS as specified in subpart C of this part, except 
that the frequency tolerance may not exceed 0.0001 
percent.
    (2) Guidance modulation must be impressed on the microwave carrier 
of the radiated signal in the form of a summation of 90 Hz and 150 Hz 
sinusoidal modulation corresponding to the pointing direction of the 
particular beam which radiates the signal.
    (3) Each of the effective beam positions must be illuminated in a 
particular sequence for a short time interval. The modulation impressed 
on each beam must be a sample of the combined 90 Hz and 150 Hz waveform 
appropriate for that particular beam direction and time slot, and must 
be accomplished by appropriately varying the length of time the carrier 
is radiated during each beam illumination interval.
    (4) For those cases where the scanning beam fills the coverage space 
in steps, the incremental step must not exceed 0.6 times the beam width 
where the beam is in the proportional guidance sector. In the clearance 
region, the step may not exceed 0.8 times the beam width.
    (5) At least one pulse duration modulation (pdm) sample pulse per 
beam width of scan must be provided.
    (6) The minimum pulse duration must be 40 microseconds.
    (7) The minimum beam scan cycle must be 600 Hz.
    (8) The minimum duty ratio detectable by a receiver located anywhere 
in the coverage areas defined by this specification may not be less than 
0.1. Detected duty ratio means the ratio of the average energy per scan 
detected at a point in space to the average energy per scan transmitted 
in all directions through the transmitting antenna.
    (9) The localizer must produce a C-band unmodulated reference 
frequency signal of sufficient strength to allow satisfactory operation 
of an aircraft receiver within the specified localizer and glide path 
coverage sectors. Pairing of this reference frequency with the localizer 
and glide slope frequencies must be in accordance with a frequency plan 
approved by the FAA.



Sec. 171.261  Localizer performance requirements.

    This section prescribes the performance requirements for localizer 
equipment components of the ISMLS.
    (a) The localizer antenna system must:
    (1) Be located on the extension of the centerline of the runway at 
the stop end;

[[Page 769]]

    (2) Be adjusted so that the course line be on a vertical plane 
containing the centerline of the runway served;
    (3) Have the minimum height necessary to comply with the coverage 
requirements prescribed in paragraph (j) of this section;
    (4) Be located at a distance from the stop end of the runway that is 
consistent with safe obstruction clearance practices;
    (5) Not obscure any light of the approach landing system; and
    (6) Be installed on frangible mounts or beyond the 1000[foot] light 
bar.
    (b) On runways where limited terrain prevents the localizer antennae 
from being positioned on the runway centerline extended, and the cost of 
the land fill or a tall tower antenna support is prohibitive, the 
localizer antenna array may be offset, including a collocated ground 
station, so that the course intercepts the centerline at a point 
determined by the amount of the angular offset and the glide path angle. 
If other than a runway centerline localizer is used, the criteria in 
subpart C of part 97 of this chapter is applicable.
    (c) At locations where two separate ISMLS facilities serve opposite 
ends of of a single runway, an interlock must ensure that only the 
facility serving the approach direction being used will radiate.
    (d) The radiation from the localizer antenna system must produce a 
composite field pattern which is pulse duration modulated, the time 
average equivalent to amplitude modulation by a 90 Hz and 150 Hz tone. 
The localizer station must transmit angular guidance information over a 
C-band microwave carrier on narrow, scanned antenna beams that are 
encoded to produce a modulation in space which, after averaging over 
several beam scans, is equivalent to the modulation used for 
conventional ILS as specified in subpart C of this part. The radiation 
field pattern must produce a course sector with one tone predominating 
on one side of the course and with the other tone predominating on the 
opposite side. When an observer faces the localizer from the approach 
end of the runway, the depth of modulation of the radio frequency 
carrier due to the 150 Hz tone must predominate on his right hand and 
that due to the 90 Hz tone must predominate on his left hand.
    (e) All horizontal angles employed in specifying the localizer field 
patterns must originate from the center of the localizer antenna system 
which provides the signals used in the front course sector.
    (f) The ISMLS course sector angle must be adjustable between 3 
degrees and 9 degrees. The applicable course sector angle will be 
established and approved on an individual basis.
    (g) The ISMLS localizer must operate in the band 5000 MHz to 5030 
MHz. The frequency tolerance may not exceed 0.0001 
percent.
    (h) The emission from the localizer must be vertically polarized. 
The horizontally polarized component of the radiation of the course line 
may not exceed that which corresponds to a DDM error of 0.016 when an 
aircraft is positioned on the course line and is in a roll attitude of 
20 degrees from the horizontal.
    (i) The localizer must provide signals sufficient to allow 
satisfactory operation of a typical aircraft installation within the 
localizer and glide path coverage sectors. The localizer coverage sector 
must extend from the center of the localizer antenna system to distances 
of 18 nautical miles minimum within 10 degrees 
from the front course line, and 10 nautical miles minimum between 10 degrees and 35 degrees from the 
front course line. The ISMLS localizer signals must be receivable at the 
distances specified up from a surface extending outward from the 
localizer antenna and within a sector in the elevation plane from 0.300 
to 1.750 of the established glide path angle ([thetas]).
    (j) Except as provided in paragraph (k) of this section, in all 
parts of the coverage volume specified in paragraph (i) of this section, 
the peak field strength may not be less than -87 dBW/m\2\, and must 
permit satisfactory operational usage of ISMLS localizer facilities.
    (k) The minimum peak field strength on the ISMLS glide path and 
within the localizer course sector from a distance of 10 nautical miles 
to a height of

[[Page 770]]

100 feet (30 meters) above the horizontal plane containing the 
threshold, may not be less than +87 dBW/m\2\.
    (l) Above 16 degrees, the ISMLS localizer signals must be reduced to 
as low a value as practicable.
    (m) Bends in the course line may not have amplitudes which exceed 
the following:

------------------------------------------------------------------------
                                              Amplitude (DDM) (95 pct.
                   Zone                             probability)
------------------------------------------------------------------------
Outer limit of coverage to:
 ISMLS point ``A''........................  0.031.
 ISMLS point ``A'' to ISMLS point ``B''...  0.031 at ISMLS point ``A''
                                             decreasing at linear rate
                                             to 0.015 at ISMLS point
                                             ``B''.
 ISMLS point ``B'' to ISMLS point ``C''...  0.015.
------------------------------------------------------------------------

    (n) The amplitudes referred to in paragraph (m) of this section are 
the DDMs due to bends as realized on the mean course line, when 
correctly adjusted.
    (o) The radio frequency carrier must meet the following 
requirements:
    (1) The nominal depth of modulation of the radio frequency carrier 
due to each of the 90 Hz and 150 Hz tones must be 20 percent along the 
course line.
    (2) The depth of modulation of the radio frequency carrier due to 
each of the 90 Hz and 150 Hz tones must be between 18 and 22 percent.
    (3) The frequency tolerance of the 90 Hz and 150 Hz modulated tones 
must be within 25 percent.
    (4) Total harmonic content of the 90 Hz tone may not exceed 10 
percent.
    (5) Total harmonic content of the 150 Hz tone may not exceed 10 
percent. However, a 300 Hz tone may be transmitted for identification 
purposes.
    (6) At every half cycle of the combined 90 Hz and 150 Hz wave form, 
the modulation tones must be phase-locked so that within the half course 
sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in 
the same direction within 20 degrees with phase relative to the 150 Hz 
component. However, the phase need not be measured within the half 
course sector.
    (p) The mean course line must be adjusted and maintained within 
.015DDM from the runway centerline at the ISMLS 
reference datum.
    (q) The nominal displacement sensitivity within the half course 
sector at the ISMLS reference datum, must be 0.00145 DDM/meter 
(0.00044DDM/foot). However, where the specified nominal displacement 
sensitivity cannot be met, the displacement sensitivity must be adjusted 
as near as possible to that value.
    (r) The lateral displacement sensitivity must be adjusted and 
maintained within 17 percent of the nominal value. Nominal sector width 
at the ISMLS reference datum is 210 meters (700 feet).
    (s) The increase of DDM must be substantially linear with respect to 
angular displacement from the front course line where DDM is zero, up to 
angle on either side of the front course line where the DDM is 0.180. 
From that angle to 10 degrees, the DDM may not be 
less than 0.180. From 10 degrees to 35 degrees, the DDM may not be less than 0.155.
    (t) The localizer must provide for the simultaneous transmission of 
an identification signal which meets the following:
    (1) It must be specific to the runway and approach direction, on the 
same radio frequency carrier, as used for the localizer function.
    (2) Transmission of the identification signal may not interfere in 
any way with the basic localizer function.
    (3) The signal must be produced by pulse duration modulation of the 
radio frequency carrier resulting in a detected audio tone in the 
airborne VHF receiver of 1020 Hz 50Hz.
    (4) The depth of modulation must be between the limits of 10 and 12 
percent.
    (5) The emissions carrying the identification signal must be 
vertically polarized.
    (6) The identification signal must employ the International Morse 
Code and consist of three letters. It must be preceded by the 
International Morse Code signal of the letter ``M'' followed by a short 
pause where it is necessary to distinguish the ISMLS facility from other 
navigational facilities in the immediate area. At airports where both an 
ISMLS and an ILS are in operation, each facility must have a different 
identification call sign.
    (7) The signal must be transmitted at a speed corresponding to 
approximately seven words per minute, and must be repeated at 
approximately

[[Page 771]]

equal intervals, not less than six times per minute, during which time 
the localizer is available for operational use. When the localizer is 
not available for transmission, the identification signal must be 
suppressed.



Sec. 171.263  Localizer automatic monitor system.

    (a) The ISMLS localizer equipment must provide an automatic monitor 
system that transmits a warning to designated local and remote control 
points when any of the following occurs:
    (1) A shift of the mean course line of the localizer from the runway 
centerline equivalent to more than 0.015 DDM at the ISMLS reference 
datum.
    (2) For localizers in which the basic functions are provided by the 
use of a single-frequency system, a reduction of power output to less 
than 50 percent of normal or a loss of ground station identification 
transmissions.
    (3) Changes of displacement sensitivity to a value differing by more 
than 17 percent from nominal value for the localizer.
    (4) Failure of any part of the monitor itself. Such failure must 
automatically produce the same results as the malfunctioning of the 
element being monitored.
    (b) Within 10 seconds of the occurrence of any of the conditions 
prescribed in paragraph (a) of this section, including periods of zero 
radiation, localizer signal radiation must cease or the navigation and 
identification components must be removed.



Sec. 171.265  Glide path performance requirements.

    This section prescribes the performance requirements for glide path 
equipment components of the ISMLS. These requirements are based on the 
assumption that the aircraft is heading directly toward the facility.
    (a) The glide slope antenna system must be located near the approach 
end of the runway, and the equipment must be adjusted so that the 
vertical path line will be in a sloping horizontal plane containing the 
centerline of the runway being served, and satisfy the coverage 
requirements prescribed in paragraph (g) of this section. For the 
purpose of obstacle clearance, location of the glide slope antenna 
system must be in accordance with the criteria specified in subpart C of 
part 97 of this chapter.
    (b) The radiation from the glide path antenna system must produce a 
composite field pattern which is pulse duration modulated by a 90 Hz and 
a 150 Hz tone, which is the time average equivalent to amplitude 
modulation. The pattern must be arranged to provide a straight line 
descent path in the vertical plane containing the centerline of the 
runway, with the 150 Hz tone predominating below the path and the 90 Hz 
tone predominating above the path to at least an angle equal to 
1.752[thetas]. As used in this section theta ([thetas]), denotes the 
nominal glide path angle. The glide path angle must be adjusted and 
maintained within 0.075[thetas].
    (c) The glide path equipment must be capable of producing a radiated 
glide path from 3 to 9 degrees with respect to the horizontal. However, 
ISMLS glide path angles in excess of 3 degrees may be used to satisfy 
instrument approach procedures or to overcome an obstruction clearance 
problem, only in accordance with the criteria specified in subpart C of 
part 97 of this chapter.
    (d) The downward extended straight portion of the ISMLS glide path 
must pass through the ISMLS reference datum at a height ensuring safe 
guidance over obstructions and safe and efficient use of the runway 
served. The height of the ISMLS reference datum must be in accordance 
with subpart C of part 97 of this chapter.
    (e) The glide path equipment must operate in the band 5220 MHz to 
5250 MHz. The frequency tolerance may not exceed 0.0001 percent.
    (f) The emission from the glide path equipment must be vertically 
polarized.
    (g) The glide path equipment must provide signals sufficient to 
allow satisfactory operation of a typical aircraft installation 
insectors of 8 degrees on each side of the centerline of the ISMLS glide 
path, to a distance of at least 10 nautical miles up to 1.75[thetas] and 
down to 0.45[thetas] above the horizontal or to such lower angle at 
which 0.22 DDM is realized.

[[Page 772]]

    (h) To provide the coverage for glide path performance specified in 
paragraph (g) of this section, the minimum peak field strength within 
this coverage sector must be -82 dBW/m\2\. The peak field strength must 
be provided on the glide path down to a height of 30 meters (100 feet) 
above the horizontal plane containing the threshold.
    (i) Bends in the glide path may not have amplitudes which exceed the 
following:

------------------------------------------------------------------------
                                                              Amplitude
                                                              (DDM) (95
                           Zone                                 pct.
                                                            probability)
------------------------------------------------------------------------
Outer limit of coverage to ISMLS point ``C.''.............        0.035.
------------------------------------------------------------------------


The amplitude referred to is the DDM due to bends as realized on the 
mean ISMLS glide path correctly adjusted. In regions of the approach 
where ISMLS glide path curvature is significant, bend amplitude is 
calculated from the mean curved path, and not the downward extended 
straight line.
    (j) Guidance modulation must be impressed on the microwave carrier 
of the radiated glide slope signal in the form of a unique summation of 
90 Hz and 150 Hz sinusoidal modulation corresponding to the point 
direction of the particular beam which radiates the signal. Each of the 
effective beam positions must be illuminated in sequence for a short 
time interval. The scan rate must be synchronous with the 90 and 150 Hz 
tone base. The modulation impressed on each beam must be a sample of the 
combined 90 Hz and 150 Hz waveform appropriate for that particular beam 
direction and time slot. The actual modulation must be accomplished by 
appropriately varying the length of time the carrier is radiated during 
each beam illumination interval.
    (k) The nominal depth of modulation of the radio frequency carrier 
due to each of the 90 Hz and 150 Hz tones must be 40 percent along the 
ISMLS glide path. The depth of modulation may not deviate outside the 
limits of 37.5 percent to 42.5 percent.
    (l) The following tolerances apply to the frequencies of the 
modulating tones:
    (1) The modulating tones must be 90 Hz and 150 Hz within 2.5 
percent.
    (2) The total harmonic content of the 90 Hz tone may not exceed 10 
percent.
    (3) The total harmonic content of the 150 Hz tone may not exceed 10 
percent.
    (m) At every half cycle of the combined 90 Hz and 150 Hz wave form, 
the modulation must be phase-locked so that, within the ISMLS half glide 
path sector, the demodulated 90 Hz and 150 Hz wave forms pass through 
zero in the same direction within 20 degrees of phase relative to the 
150 Hz component. However, the phase need not be measured within the 
ISMLS half glide path sector.
    (n) The nominal angular displacement sensitivity must correspond to 
a DDM of 0.0875 at an angular displacement above and below the glide 
path of 0.12[thetas]. The glide path angular displacement sensitivity 
must be adjusted and maintained within 25 percent 
of the nominal value selected. The upper and lower sectors must be as 
symmetrical as practicable within the limits prescribed in this 
paragraph.
    (o) The DDM below the ISMLS glide path must increase smoothly for 
decreasing angle until a value of 0.22 DDM is reached. This value must 
be achieved at an angle not less than 0.30[thetas] above the horizontal. 
However, if it is achieved at an angle above 0.45[thetas], the DDM value 
may not be less than 0.22 at least down to an angle of 0.45[thetas].

[Doc. No. 14120, 40 FR 36110, Aug. 19, 1975; 40 FR 41093, Sept. 5, 1975; 
40 FR 43719, Sept. 23, 1975]



Sec. 171.267  Glide path automatic monitor system.

    (a) The ISMLS glide path equipment must provide an automatic monitor 
system that transmits a warning to designated local and remote control 
points when any of the following occurs:
    (1) A shift of the mean ISMLS glide path angle equivalent to more 
than 0.075[thetas].
    (2) For glide paths in which the basic functions are provided by the 
use of a single frequency system, a reduction of power output to less 
than 50 percent.
    (3) A change of the angle between the glide path and the line below 
the glide path (150 Hz predominating), at which a DDM of 0.0875 is 
realized by more than 0.0375[thetas].

[[Page 773]]

    (4) Lowering of the line beneath the ISMLS glide path at which a DDM 
of 0.0875 is realized to less than 0.75[thetas] from the horizontal.
    (5) Failure of any part of the monitor itself. Such failure must 
automatically produce the same results as the malfunctioning of the 
element being monitored.
    (b) At glide path facilities where the selected nominal angular 
displacement sensitivity corresponds to an angle below the ISMLS glide 
path, which is close to or at the maximum limits specified, an 
adjustment to the monitor operating limits may be made to protect 
against sector deviations below 0.75[thetas] from the horizontal.
    (c) Within 10 seconds of the occurrence of any of the conditions 
prescribed in paragraph (a) of this section, including periods of zero 
radiation, glide path signal radiation must cease.



Sec. 171.269  Marker beacon performance requirements.

    ISMLS marker beacon equipment must meet the performance requirements 
prescribed in subpart H of this part.



Sec. 171.271  Installation requirements.

    (a) The ISMLS facility must be permanent in nature, located, 
constructed, and installed according to accepted good engineering 
practices, applicable electric and safety codes, FCC licensing 
requirements, and paragraphs (a) and (c) of Sec. 171.261.
    (b) The ISMLS facility must have a reliable source of suitable 
primary power, either from a power distribution system or locally 
generated. Adequate power capacity must be provided for the operation of 
test and working equipment of the ISMLS.
    (c) The ISMLS facility must have a continuously engaged or floating 
battery power source for the ground station for continued normal 
operation if the primary power fails. A trickle charge must be supplied 
to recharge the batteries during the period of available primary power. 
Upon loss and subsequent restoration of power, the batteries must be 
restored to full charge within 24 hours. When primary power is applied, 
the state of the battery charge may not affect the operation of the 
ISMLS ground station. The battery must permit continuation of normal 
operation for at least two hours under the normal operating conditions. 
The equipment must meet all specification requirements with or without 
batteries installed.
    (d) There must be a means for determining, from the ground, the 
performance of the equipment including antennae, both initially and 
periodically.
    (e) The facility must have, or be supplemented by, ground-air or 
landline communications services. At facilities within or immediately 
adjacent to controlled airspace and that are intended for use as 
instrument approach aids for an airport, there must be ground-air 
communications or reliable communications (at least a landline 
telephone) from the airport to the nearest Federal Aviation 
Administration air traffic control or communication facility. Compliance 
with this paragraph need not be shown at airports where an adjacent 
Federal Aviation Administration facility can communicate with aircraft 
on the ground at the airport and during the entire proposed instrument 
approach procedure. In addition, at low traffic density airports within 
or immediately adjacent to controlled airspace, and where extensive 
delays are not a factor, the requirements of this paragraph may be 
reduced to reliable communications (at least a landline telephone) from 
the airport to the nearest Federal Aviation Administration air traffic 
control or communications facility, if an adjacent Federal Aviation 
Administration facility can communicate with aircraft during the 
proposed instrument approach procedure, at least down to the minimum en 
route altitude for the controlled area.
    (f) Except where no operationally harmful interference will result, 
at locations where two separate ISMLS facilities serve opposite ends of 
a single runway, an interlock must ensure that only the facility serving 
the approach direction in use can radiate.

[Doc. No. 14120, 40 FR 36110, Aug. 19, 1975, as amended by Amdt. 171-16, 
56 FR 65665, Dec. 17, 1991]

[[Page 774]]



Sec. 171.273  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet at least the Federal 
Communications Commission's licensing requirements and show that he has 
the special knowledge and skills needed to maintain the facility, 
including proficiency in maintenance procedures and the use of 
specialized test equipment.
    (b) In the event of out-of-tolerance conditions or malfunctions, as 
evidenced by receiving two successive pilot reports, the owner must 
close the facility be ceasing radiation, and issue a ``Notice to 
Airman'' (NOTAM) that the facility is out of service.
    (c) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, periodic maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons.
    (3) FCC licensing requirements for operations and maintenance 
personnel.
    (4) Posting of licenses and signs.
    (5) Relation between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information, if applicable, and instructions for the 
operation of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping of station logs and other technical reports, and the 
submission of reports required by Sec. 171.275.
    (10) Monitoring of the ISMLS facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for periodic maintenance and issue of ``Notices to 
Airmen'' for routine or emergency shutdowns.
    (14) Commissioning of the ISMLS facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) An explanation of the kinds of activities (such as construction 
or grading) in the vicinity of the ISMLS facility that may require 
shutdown or recertification of the ISMLS facility by FAA flight check.
    (17) Procedures for conducting a ground check of the localizer 
course alignment, width, and clearance, glide path elevation angle and 
course width, and marker beacon power, and modulation.
    (18) The following information concerning the ISMLS facility:
    (i) Facility component locations with respect to airport layout, 
instrument runways, and similar areas.
    (ii) The type, make, and model of the basic radio equipment that 
provides the service.
    (iii) The station power emission and frequencies of the ISMLS 
localizer, glide path, beacon markers, and associated compass locators, 
if any.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (d) The owner or his maintenance representative must make a ground 
check of the ISMLS facility periodically in accordance with procedures 
approved by the FAA at the time of commissioning, and must report the 
results of the checks as provided in Sec. 171.275.
    (e) Modifications to an ISMLS facility may be made only after 
approval by the FAA of the proposed modification submitted by the owner.

[[Page 775]]

    (f) The owner or the owner's maintenance representative must 
participate in inspections made by the FAA.
    (g) Whenever it is required by the FAA, the owner must incorporate 
improvements in ISMLS maintenance.
    (h) The owner or his maintenance representative must provide a 
sufficient stock of spare parts, including solid state components, or 
modules to make possible the prompt replacement of components or modules 
that fail or deteriorate in service.
    (i) FAA approved test instruments must be used for maintenance of 
the ISMLS facility.
    (j) The mean corrective maintenance time of the ISMLS equipment may 
not exceed 0.5 hours, with a maximum corrective maintenance time of not 
greater than 1.5 hours. This measure applies to failures of the monitor, 
transmitter and associated antenna assemblies, limited to unscheduled 
outage and out-of-tolerance conditions.
    (k) The mean time between failures of the ISMLS equipment may not be 
less than 1,500 hours. This measure applies to unscheduled outages, out-
of-tolerance conditions, and failures of the monitor, transmitter, and 
associated antenna assemblies.
    (l) Inspection consists of an examination of the ISMLS equipment to 
ensure that unsafe operating conditions do not exist.
    (m) Monitoring of the ISMLS radiated signal must ensure a high 
degree of integrity and minimize the requirements for ground and flight 
inspection. The monitor must be checked periodically during the in-
service test evaluation period for calibration and stability. These 
tests and ground checks of glide slope, localizer, and marker beacon 
radiation characteristics must be conducted in accordance with the 
maintenance requirements of this section.



Sec. 171.275  Reports.

    The owner of the ISMLS facility or his maintenance representative 
must make the following reports at the indicated time to the appropriate 
FAA Regional Office where the facility is located.
    (a) Facility Equipment Performance and Adjustment Data (FAA Form 
198). The FAA Form 198 shall be filled out by the owner or his 
maintenance representative with the equipment adjustments and meter 
readings as of the time of facility commissioning. One copy must be kept 
in the permanent records of the facility and two copies must be sent to 
the appropriate FAA Regional Office. The owner or his maintenance 
representative must revise the FAA Form 198 data after any major repair, 
modernization, or retuning to reflect an accurate record of facility 
operation and adjustment. In the event the data are revised, the owner 
or his maintenance representative shall notify the appropriate FAA 
Regional Office of such revisions, and forward copies of the revisions 
to the appropriate FAA Regional Office.
    (b) Facility Maintenance Log (FAA Form 6030-1). FAA Form 6030-1 is a 
permanent record of all the activities required to maintain the ISMLS 
facility. The entries must include all malfunctions met in maintaining 
the facility including information on the kind of work and adjustments 
made, equipment failures, causes (if determined) and corrective action 
taken. In addition, the entries must include completion of periodic 
maintenance required to maintain the facility. The owner or his 
maintenance representative must keep the original of each form at the 
facility and send a copy to the appropriate FAA Regional Office at the 
end of each month in which it is prepared. However, where an FAA 
approved remote monitoring system is installed which precludes the need 
for periodic maintenance visits to the facility, monthly reports from 
the remote monitoring system control point must be forwarded to the 
appropriate FAA Regional Office, and a hard copy retained at the control 
point.
    (c) Technical Performance Record (FAA Form 418). FAA Form 418 
contains a record of system parameters, recorded on each scheduled visit 
to the facility. The owner or his maintenance representative shall keep 
the original of each month's record at the facility and send a copy of 
the form to the appropriate FAA Regional Office.

[[Page 776]]



                Subpart J_Microwave Landing System (MLS)

    Source: Docket No. 20669, 51 FR 33177, Sept. 18, 1986, unless 
otherwise noted.



Sec. 171.301  Scope.

    This subpart sets forth minimum requirements for the approval, 
installation, operation and maintenance of non-Federal Microwave Landing 
System (MLS) facilities that provide the basis for instrument flight 
rules (IFR) and air traffic control procedures.



Sec. 171.303  Definitions.

    As used in this subpart:
    Auxiliary data means data transmitted in addition to basic data that 
provide ground equipment siting information for use in refining airborne 
position calculations and other supplementary information.
    Basic data means data transmitted by the ground equipment that are 
associated directly with the operation of the landing guidance system.
    Beam center means the midpoint between the -3 dB points on the 
leading and trailing edges of the scanning beam main lobe.
    Beamwidth means the width of the scanning beam main lobe measured at 
the -3 dB points and defined in angular units on the boresight, in the 
horizontal plane for the azimuth function and in the vertical plane for 
the elevation function.
    Clearance guidance sector means the volume of airspace, inside the 
coverage sector, within which the azimuth guidance information provided 
is not proportional to the angular displacement of the aircraft, but is 
a constant fly-left or fly-right indication of the direction relative to 
the approach course the aircraft should proceed in order to enter the 
proportional guidance sector.
    Control Motion Noise (CMN) means those fluctuations in the guidance 
which affect aircraft attitude, control surface motion, column motion, 
and wheel motion. Control motion noise is evaluated by filtering the 
flight error record with a band-pass filter which has corner frequencies 
at 0.3 radian/sec and 10 radians/sec for azimuth data and 0.5 radian/sec 
and 10 radians/sec for elevation data.
    Data rate means the average number of times per second that 
transmissions occur for a given function.
    Differential Phase Shift Keying (DPSK) means differential phase 
modulation of the radio frequency carrier with relative phase states of 
0 degree or 180 degrees.
    Failure means the inability of an item to perform within previously 
specified limits.
    Guard time means an unused period of time provided in the 
transmitted signal format to allow for equipment tolerances.
    Integrity means that quality which relates to the trust which can be 
placed in the correctness of the information supplied by the facility.
    Mean corrective time means the average time required to correct an 
equipment failure over a given period, after a service technician 
reaches the facility.
    Mean course error means the mean value of the azimuth error along a 
specified radial of the azimuth function.
    Mean glide path error means the mean value of the elevation error 
along a specified glidepath of the elevation function.
    Mean-time-between-failures (MTBF) means the average time between 
equipment failures over a given period.
    Microwave Landing System (MLS) means the MLS selected by ICAO for 
international standardization.
    Minimum glidepath means the lowest angle of descent along the zero 
degree azimuth that is consistent with published approach procedures and 
obstacle clearance criteria.
    MLS Approach Reference Datum is a point at a specified height 
located vertically above the intersection of the runway centerline and 
the threshold.
    MLS back azimuth reference datum means a point 15 meters (50 feet) 
above the runway centerline at the runway midpoint.
    MLS datum point means a point defined by the intersection of the 
runway centerline with a vertical plane perpendicular to the centerline 
and passing through the elevation antenna phase center.
    Out of coverage indication (OCI) means a signal radiated into areas 
outside the

[[Page 777]]

intended coverage sector, where required, to specifically prevent 
invalid removal of an airborne warning indication in the presence of 
misleading guidance information.
    Path Following Error (PFE) means the guidance perturbations which 
could cause aircraft displacement from the desired course or glidepath. 
It is composed of the path following noise and of the mean course error 
in the case of azimuth functions, or the mean glidepath error in the 
case of elevation functions. Path following errors are evaluated by 
filtering the flight error record with a second order low pass filter 
which has a corner frequency at 0.5 radian/sec for azimuth data or 1.5 
radians/sec for elevation data.
    Path following noise (PFN) means that portion of the guidance signal 
error which could cause displacement from the actual mean course line or 
mean glidepath as appropriate.
    Split-site ground station means the type of ground station in which 
the azimuth portion of the ground station is located near the stop end 
of the runway, and the elevation portion is located near the approach 
end.
    Time division multiplex (TDM) means that each function is 
transmitted on the same frequency in time sequence, with a distinct 
preamble preceding each function transmission.



Sec. 171.305  Requests for IFR procedure.

    (a) Each person who requests an IFR procedure based on an MLS 
facility which that person owns must submit the following information 
with that request:
    (1) A description of the facility and evidence that the equipment 
meets the performance requirements of Sec. Sec. 171.309, 171.311, 
171.313, 171.315, 171.317, 171.319, and 171.321 and is fabricated and 
installed in accordance with Sec. 171.323.
    (2) A proposed procedure for operating the facility.
    (3) A proposed maintenance organization and a maintenance manual 
that meets the requirements of Sec. 171.325.
    (4) A statement of intent to meet the requirements of this subpart.
    (5) A showing that the facility has an acceptable level of 
operational reliability and an acceptable standard of performance. 
Previous equivalent operational experience with a facility with 
identical design and operational characteristics will be considered in 
showing compliance with this subparagraph.
    (b) FAA inspects and evaluates the MLS facility; it advises the 
owner of the results, and of any required changes in the MLS facility or 
in the maintenance manual or maintenance organization. The owner must 
then correct the deficiencies, if any, and operate the MLS facility for 
an in-service evaluation by the FAA.



Sec. 171.307  Minimum requirements for approval.

    (a) The following are the minimum requirements that must be met 
before the FAA approves an IFR procedure for a non-Federal MLS facility:
    (1) The performance of the MLS facility, as determined by flight and 
ground inspection conducted by the FAA, must meet the requirements of 
Sec. Sec. 171.309, 171.311, 171.313, 171.315, 171.317, 171.319, and 
171.321.
    (2) The fabrication and installation of the equipment must meet the 
requirements of Sec. 171.323.
    (3) The owner must agree to operate and maintain the MLS facility in 
accordance with Sec. 171.325.
    (4) The owner must agree to furnish operational records as set forth 
in Sec. 171.327 and agree to allow the FAA to inspect the facility and 
its operation whenever necessary.
    (5) The owner must assure the FAA that he will not withdraw the MLS 
facility from service without the permission of the FAA.
    (6) The owner must bear all costs of meeting the requirements of 
this section and of any flight or ground inspection made before the MLS 
facility is commissioned.
    (b) [Reserved]



Sec. 171.309  General requirements.

    The MLS is a precision approach and landing guidance system which 
provides position information and various ground-to-air data. The 
position information is provided in a wide coverage sector and is 
determined by an azimuth angle measurement, an elevation angle 
measurement and a range (distance) measurement.

[[Page 778]]

    (a) An MLS constructed to meet the requirements of this subpart must 
include:
    (1) Approach azimuth equipment, associated monitor, remote control 
and indicator equipment.
    (2) Approach elevation equipment, associated monitor, remote control 
and indicator equipment.
    (3) A means for the encoding and transmission of essential data 
words, associated monitor, remote control and indicator equipment. 
Essential data are basic data words 1, 2, 3, 4, and 6 and auxiliary data 
words A1, A2 and A3.
    (4) Distance measuring equipment (DME), associated monitor, remote 
control and indicator equipment.
    (5) Remote controls for paragraphs (a) (1), (2), (3), and (4) of 
this section must include as a minimum on/off and reset capabilities and 
may be integrated in the same equipment.
    (6) At locations where a VHF marker beacon (75 MHz) is already 
installed, it may be used in lieu of the DME equipment.
    (b) In addition to the equipment required in paragraph (a) of this 
section the MLS may include:
    (1) Back azimuth equipment, associated monitor, remote control and 
indicator equipment. When Back Azimuth is provided, a means for 
transmission of Basic Data Word 5 and Auxiliary Data Word A4 shall also 
be provided.
    (2) A wider proportional guidance sector which exceeds the minimum 
specified in Sec. Sec. 171.313 and 171.317.
    (3) Precision DME, associated monitor, remote control and indicator 
equipment.
    (4) VHF marker beacon (75 MHz), associated monitor, remote control 
and indicator equipment.
    (5) The MLS signal format will accommodate additional functions 
(e.g., flare elevation) which may be included as desired. Remote 
controls for paragraphs (b) (1), (3) and (4) of this section must 
include as a minimum on/off and reset capabilities, and may be 
integrated in the same equipment.
    (6) Provisions for the encoding and transmission of additional 
auxiliary data words, associated monitor, remote control and indicator 
equipment.
    (c) MLS ground equipment must be designed to operate on a nominal 
120/240 volt, 60 Hz, 3-wire single phase AC power source and must meet 
the following service conditions:
    (1) AC line parameters, DC voltage, elevation and duty:

120 VAC nominal value--102 V to 138 V (1 V)*
240 VAC nominal value--204 V to 276 V (2 V)*
60 Hz AC line frequency--57 Hz to 63 Hz (0.2 Hz)*

    *Note: Where discrete values of the above frequency or voltages are 
specified for testing purposes, the tolerances given in parentheses 
indicated by an asterisk apply to the test instruments used to measure 
these parameters.

Elevation--0 to 3000 meters (10,000 feet) above sea level
Duty--Continuous, unattended

    (2) Ambient conditions within the shelter for electronic equipment 
installed in shelters are:

Temperature, -10 [deg]C to +50 [deg]C
Relative humidity, 5% to 90%

    (3) Ambient conditions for electronic equipment and all other 
equipment installed outdoors (for example, antenna, field detectors, and 
shelters):

Temperature, -50 [deg]C to +70 [deg]C
Relative humidity, 5% to 100%

    (4) All equipment installed outdoors must operate satisfactorily 
under the following conditions:

Wind Velocity: The ground equipment shall remain within monitor limits 
with wind velocities of up to 70 knots from such directions that the 
velocity component perpendicular to runway centerline does not exceed 35 
knots. The ground equipment shall withstand winds up to 100 knots from 
any direction without damage.
Hail Stones: 1.25 centimeters (\1/2\ inch) diameter.
Rain: Provide required coverage with rain falling at a rate of 50 
millimeters (2 inches) per hour, through a distance of 9 kilometers (5 
nautical miles) and with rain falling at the rate of 25 millimeters (1 
inch) per hour for the additional 28 kilometers (15 nautical miles).
Ice Loading: Encased in 1.25 centimeters (\1/2\ inch) radial thickness 
of clear ice.
Antenna Radome De-Icing: Down to -6[deg]C (20 [deg]F) and wind up to 35 
knots.

    (d) The transmitter frequencies of an MLS must be in accordance with 
the frequency plan approved by the FAA.

[[Page 779]]

    (e) The DME component listed in paragraph (a)(4) of this section 
must comply with the minimum standard performance requirements specified 
in subpart G of this part.
    (f) The marker beacon components listed in paragraph (b)(4) of this 
section must comply with the minimum standard performance requirements 
specified in subpart H of this part.



Sec. 171.311  Signal format requirements.

    The signals radiated by the MLS must conform to the signal format in 
which angle guidance functions and data functions are transmitted 
sequentially on the same C-band frequency. Each function is identified 
by a unique digital code which initializes the airborne receiver for 
proper processing. The signal format must meet the following minimum 
requirements:
    (a) Frequency assignment. The ground components (except DME/Marker 
Beacon) must operate on a single frequency assignment or channel, using 
time division multiplexing. These components must be capable of 
operating on any one of the 200 channels spaced 300 KHz apart with 
center frequencies from 5031.0 MHz to 5090.7 MHz and with channel 
numbering as shown in Table 1a. The operating radio frequencies of all 
ground components must not vary by more than 10 
KHz from the assigned frequency. Any one transmitter frequency must not 
vary more than 50 Hz in any one second period. The 
MLS angle/data and DME equipment must operate on one of the paired 
channels as shown in Table 1b.

                    Table 1a--Frequency Channel Plan
------------------------------------------------------------------------
                                                               Frequency
                         Channel No.                             (MHz)
------------------------------------------------------------------------
500..........................................................     5031.0
501..........................................................     5031.3
502..........................................................     5031.6
503..........................................................     5031.9
504..........................................................     5032.2
505..........................................................     5032.5
506..........................................................     5032.8
507..........................................................     5033.1
508..........................................................     5033.4
509..........................................................     5033.7
510..........................................................     5034.0
511..........................................................     5034.3
                                * * * * *
598..........................................................     5060.4
599..........................................................     5060.7
600..........................................................     5061.0
601..........................................................     5061.3
                                * * * * *
698..........................................................     5090.4
699..........................................................     5090.7
------------------------------------------------------------------------


                                                                   Table 1b--Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Channel pairing                                                              DME parameters
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Interrogation                     Reply
                                                                                             -----------------------------------------------------------
                                                                             MLS                                 Pulse codes
                                                                   VHF      angle    MLS Ch.           ------------------------------
                            DME No.                               freq.     freq.      No.      Freq.                 DME/P Mode        Freq.     Pulse
                                                                   MHz       MHz                 MHz      DME/N  --------------------    MHz      codes
                                                                                                        [micro]s     IA        FA               [micro]s
                                                                                                                  [micro]s  [micro]s
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 1X..........................................................  ........  ........  ........      1025        12  ........  ........       962        12
** 1Y.........................................................  ........  ........  ........      1025        36  ........  ........      1088        30
* 2X..........................................................  ........  ........  ........      1026        12  ........  ........       963        12
** 2Y.........................................................  ........  ........  ........      1026        36  ........  ........      1089        30
* 3X..........................................................  ........  ........  ........      1027        12  ........  ........       964        12
** 3Y.........................................................  ........  ........  ........      1027        36  ........  ........      1090        30
* 4X..........................................................  ........  ........  ........      1028        12  ........  ........       965        12
** 4Y.........................................................  ........  ........  ........      1028        36  ........  ........      1091        30
* 5X..........................................................  ........  ........  ........      1029        12  ........  ........       966        12
** 5Y.........................................................  ........  ........  ........      1029        36  ........  ........      1092        30
* 6X..........................................................  ........  ........  ........      1030        12  ........  ........       967        12
** 6Y.........................................................  ........  ........  ........      1030        36  ........  ........      1093        30
* 7X..........................................................  ........  ........  ........      1031        12  ........  ........       968        12
** 7Y.........................................................  ........  ........  ........      1031        36  ........  ........      1094        30
* 8X..........................................................  ........  ........  ........      1032        12  ........  ........       969        12
** 8Y.........................................................  ........  ........  ........      1032        36  ........  ........      1095        30
* 9X..........................................................  ........  ........  ........      1033        12  ........  ........       970        12
** 9Y.........................................................  ........  ........  ........      1033        36  ........  ........      1096        30
* 10X.........................................................  ........  ........  ........      1034        12  ........  ........       971        12
** 10Y........................................................  ........  ........  ........      1034        36  ........  ........      1097        30
* 11X.........................................................  ........  ........  ........      1035        12  ........  ........       972        12

[[Page 780]]

 
** 11Y........................................................  ........  ........  ........      1035        36  ........  ........      1098        30
* 12X.........................................................  ........  ........  ........      1036        12  ........  ........       973        12
** 12Y........................................................  ........  ........  ........      1036        36  ........  ........      1099        30
* 13X.........................................................  ........  ........  ........      1037        12  ........  ........       974        12
** 13Y........................................................  ........  ........  ........      1037        36  ........  ........      1100        30
* 14X.........................................................  ........  ........  ........      1038        12  ........  ........       975        12
** 14Y........................................................  ........  ........  ........      1038        36  ........  ........      1101        30
* 15X.........................................................  ........  ........  ........      1039        12  ........  ........       976        12
** 15Y........................................................  ........  ........  ........      1039        36  ........  ........      1102        30
* 16X.........................................................  ........  ........  ........      1040        12  ........  ........       977        12
** 16Y........................................................  ........  ........  ........      1040        36  ........  ........      1103        30
[dtri]17X.....................................................    108.00  ........  ........      1041        12  ........  ........       978        12
17Y...........................................................    108.05    5043.0       540      1041        36        36        42      1104        30
17Z...........................................................  ........    5043.3       541      1041  ........        21        27      1104        15
18X...........................................................    108.10    5031.0       500      1042        12        12        18       979        12
18W...........................................................  ........    5031.3       501      1042  ........        24        30       979        24
18Y...........................................................    108.15    5043.6       542      1042        36        36        42      1105        30
18Z...........................................................  ........    5043.9       543      1042  ........        21        27      1105        15
19X...........................................................    108.20  ........  ........      1043        12  ........  ........       980        12
19Y...........................................................    108.25    5044.2       544      1043        36        36        42      1106        30
19Z...........................................................  ........    5044.5       545      1043  ........        21        27      1106        15
20X...........................................................    108.30    5031.6       502      1044        12        12        18       981        12
20W...........................................................  ........    5031.9       503      1044  ........        24        30       981        24
20Y...........................................................    108.35    5044.8       546      1044        36        36        42      1107        30
20Z...........................................................  ........    5045.1       547      1044  ........        21        27      1107        15
21X...........................................................    108.40  ........  ........      1045        12  ........  ........       982        12
21Y...........................................................    108.45    5045.4       548      1045        36        36        42      1108        30
21Z...........................................................  ........    5045.7       549      1045  ........        21        27      1108        15
22X...........................................................    108.50    5032.2       504      1046        12        12        18       983        12
22W...........................................................  ........    5032.5       505      1046  ........        24        30       983        24
22Y...........................................................    108.55    5046.0       550      1046        36        36        42      1109        30
22Z...........................................................  ........    5046.3       551      1046  ........        21        27      1109        15
23X...........................................................    108.60  ........  ........      1047        12  ........  ........       984        12
23Y...........................................................    108.65    5046.6       552      1047        36        36        42      1110        30
23Z...........................................................  ........    5046.9       553      1047  ........        21        27      1110        15
24X...........................................................    108.70    5032.8       506      1048        12        12        18       985        12
24W...........................................................  ........    5033.1       507      1048  ........        24        30       985        24
24Y...........................................................    108.75    5047.2       554      1048        36        36        42      1111        30
24Z...........................................................  ........    5047.5       555      1048  ........        21        27      1111        15
25X...........................................................    108.80  ........  ........      1049        12  ........  ........       986        12
25Y...........................................................    108.85    5047.8       556      1049        36        36        42      1112        30
25Z...........................................................  ........    5048.1       557      1049  ........        21        27      1112        15
26X...........................................................    108.90    5033.4       508      1050        12        12        18       987        12
26W...........................................................  ........    5033.7       509      1050  ........        24        30       987        24
26Y...........................................................    108.95    5048.4       558      1050        36        36        42      1113        30
26Z...........................................................  ........    5048.7       559      1050  ........        21        27      1113        15
27X...........................................................    109.00  ........  ........      1051        12  ........  ........       988        12
27Y...........................................................    109.05    5049.0       560      1051        36        36        42      1114        30
27Z...........................................................  ........    5049.3       561      1051  ........        21        27      1114        15
28X...........................................................    109.10    5034.0       510      1052        12        12        18       989        12
28W...........................................................  ........    5034.3       511      1052  ........        24        30       989        24
28Y...........................................................    109.15    5049.6       562      1052        36        36        42      1115        30
28Z...........................................................  ........    5049.9       563      1052  ........        21        27      1115        15
29X...........................................................    109.20  ........  ........      1053        12  ........  ........       990        12
29Y...........................................................    109.25    5050.2       564      1053        36        36        42      1116        30
29Z...........................................................  ........    5050.5       565      1043  ........        21        27      1116        15
30X...........................................................    109.30    5034.6       512      1054        12        12        18       991        12
30W...........................................................  ........    5034.9       513      1054  ........        24        30       991        24
30Y...........................................................    109.35    5050.8       566      1054        36        36        42      1117        30
30Z...........................................................  ........    5051.1       567      1054  ........        21        27      1117        15
31X...........................................................    109.40  ........  ........      1055        12  ........  ........       992        12
31Y...........................................................    109.45    5051.4       568      1055        36        36        42      1118        30
31Z...........................................................  ........    5051.7       569      1055  ........        21        27      1118        15
32X...........................................................    109.50    5035.2       514      1056        12        12        18       993        12
32W...........................................................  ........    5035.5       515      1056  ........        24        30       993        24

[[Page 781]]

 
32Y...........................................................    109.55    5052.0       570      1056        36        36        42      1119        30
32Z...........................................................  ........    5052.3       571      1056  ........        21        27      1119        15
33X...........................................................    109.60  ........  ........      1057        12  ........  ........       994        12
33Y...........................................................    109.65    5052.6       572      1057        36        36        42      1120        30
33Z...........................................................  ........    5052.9       573      1057  ........        21        27      1120        15
34X...........................................................    109.70    5035.8       516      1058        12        12        18       995        12
34W...........................................................  ........    5036.1       517      1058  ........        24        30       995        24
34Y...........................................................    109.75    5053.2       574      1058        36        36        42      1121        30
34Z...........................................................  ........    5053.5       575      1058  ........        21        27      1121        15
35X...........................................................    109.80  ........  ........      1059        12  ........  ........       996        12
35Y...........................................................    109.85    5053.8       576      1059        36        36        42      1122        30
35Z...........................................................  ........    5054.1       577      1059  ........        21        27      1122        15
36X...........................................................    109.90    5036.4       518      1060        12        12        18       997        12
36W...........................................................  ........    5036.7       519      1060  ........        24        30       997        24
36Y...........................................................    109.95    5054.4       578      1060        36        36        42      1123        30
36Z...........................................................  ........    5054.7       579      1060  ........        21        27      1123        15
37X...........................................................    110.00  ........  ........      1061        12  ........  ........       998        12
37Y...........................................................    110.05    5055.0       580      1061        36        36        42      1124        30
37Z...........................................................  ........    5055.3       581      1061  ........        21        27      1124        15
38X...........................................................    110.10    5037.0       520      1062        12        12        18       999        12
38W...........................................................  ........    5037.3       521      1062  ........        24        30       999        24
38Y...........................................................    110.15    5055.6       582      1062        36        36        42      1125        30
38Z...........................................................  ........    5055.9       583      1062  ........        21        27      1125        15
39X...........................................................    110.20  ........  ........      1063        12  ........  ........      1000        12
39Y...........................................................    110.25    5056.2       584      1063        36        36        42      1126        30
39Z...........................................................  ........    5056.5       585      1063  ........        21        27      1126        15
40X...........................................................    110.30    5037.6       522      1064        12        12        18      1001        12
40W...........................................................  ........    5037.9       523      1064  ........        24        30      1001        24
40Y...........................................................    110.35    5056.8       586      1064        36        36        42      1127        30
40Z...........................................................  ........    5057.1       587      1064  ........        21        27      1127        15
41X...........................................................    110.40  ........  ........      1065        12  ........  ........      1002        12
41Y...........................................................    110.45    5057.4       588      1065        36        36        42      1128        30
41Z...........................................................  ........    5057.7       589      1065  ........        21        27      1128        15
42X...........................................................    110.50    5038.2       524      1066        12        12        18      1003        12
42W...........................................................  ........    5038.5       525      1066  ........        24        30      1003        24
42Y...........................................................    110.55    5058.0       590      1066        36        36        42      1129        30
42Z...........................................................  ........    5058.3       591      1066  ........        21        27      1129        15
43X...........................................................    110.60  ........  ........      1067        12  ........  ........      1004        12
43Y...........................................................    110.65    5058.6       592      1067        36        36        42      1130        30
43Z...........................................................  ........    5058.9       593      1067  ........        21        27      1130        15
44X...........................................................    110.70    5038.8       526      1068        12        12        18      1005        12
44W...........................................................  ........    5039.1       527      1068  ........        24        30      1005        24
44Y...........................................................    110.75    5059.2       594      1068        36        36        42      1131        30
44Z...........................................................  ........    5059.5       595      1068  ........        21        27      1131        15
45X...........................................................    110.80  ........  ........      1069        12  ........  ........      1006        12
45Y...........................................................    110.85    5059.8       596      1069        36        36        42      1132        30
45Z...........................................................  ........    5060.1       597      1069  ........        21        27      1132        15
46X...........................................................    110.90    5039.4       528      1070        12        12        18      1007        12
46W...........................................................  ........    5039.7       529      1070  ........        24        30      1007        24
46Y...........................................................    110.95    5060.4       598      1070        36        36        42      1133        30
46Z...........................................................  ........    5060.7       599      1070  ........        21        27      1133        15
47X...........................................................    111.00  ........  ........      1071        12  ........  ........      1008        12
47Y...........................................................    111.05    5061.0       600      1071        36        36        42      1134        30
47Z...........................................................  ........    5061.3       601      1071  ........        21        27      1134        15
48X...........................................................    111.10    5040.0       530      1072        12        12        18      1009        12
48W...........................................................  ........    5040.3       531      1072  ........        24        30      1009        24
48Y...........................................................    111.15    5061.6       602      1072        36        36        42      1135        30
48Z...........................................................  ........    5061.9       603      1072  ........        21        27      1135        15
49X...........................................................    111.20  ........  ........      1073        12  ........  ........      1010        12
49Y...........................................................    111.25    5062.2       604      1073        36        36        42      1136        30
49Z...........................................................  ........    5062.5       605      1073  ........        21        27      1136        15
50X...........................................................    111.30    5040.6       532      1074        12        12        18      1011        12
50W...........................................................  ........    5040.9       533      1074  ........        24        30      1011        24
50Y...........................................................    111.35    5062.8       606      1074        36        36        42      1137        30
50Z...........................................................  ........    5063.1       607      1074  ........        21        27      1137        15

[[Page 782]]

 
51X...........................................................    111.40  ........  ........      1075        12  ........  ........      1012        12
51Y...........................................................    111.45    5063.4       608      1075        36        36        42      1138        30
51Z...........................................................  ........    5063.7       609      1075  ........        21        27      1138        15
52X...........................................................    111.50    5041.2       534      1076        12        12        18      1013        12
52W...........................................................  ........    5041.5       535      1076  ........        24        30      1013        24
52Y...........................................................    111.55    5064.0       610      1076        36        36        42      1139        30
52Z...........................................................  ........    5064.3       611      1076  ........        21        27      1139        15
53X...........................................................    111.60  ........  ........      1077        12  ........  ........      1014        12
53Y...........................................................    111.65    5064.6       612      1077        36        36        42      1140        30
53Z...........................................................  ........    5064.9       613      1077  ........        21        27      1140        15
54X...........................................................    111.70    5041.8       536      1078        12        12        18      1015        12
54W...........................................................  ........    5042.1       537      1078  ........        24        30      1015        24
54Y...........................................................    111.75    5065.2       614      1078        36        36        42      1141        30
54Z...........................................................  ........    5065.5       615      1078  ........        21        27      1141        15
55X...........................................................    111.80  ........  ........      1079        12  ........  ........      1016        12
55Y...........................................................    111.85    5065.8       616      1079        36        36        42      1142        30
55Z...........................................................  ........    5066.1       617      1079  ........        21        27      1142        15
56X...........................................................    111.90    5042.4       538      1080        12        12        18      1017        12
56W...........................................................  ........    5042.7       539      1080  ........        24        30      1017        24
56Y...........................................................    111.95    5066.4       618      1080        36        36        42      1143        30
56Z...........................................................  ........    5066.7       619      1080  ........        21        27      1143        15
57X...........................................................    112.00  ........  ........      1081        12  ........  ........      1018        12
57Y...........................................................    112.05  ........  ........      1081        36  ........  ........      1144        30
58X...........................................................    112.10  ........  ........      1082        12  ........  ........      1019        12
58Y...........................................................    112.15  ........  ........      1082        36  ........  ........      1145        30
59X...........................................................    112.20  ........  ........      1083        12  ........  ........      1020        12
59Y...........................................................    122.25  ........  ........      1083        36  ........  ........      1146        30
** 60X........................................................  ........  ........  ........      1084        12  ........  ........      1021        12
** 60Y........................................................  ........  ........  ........      1084        36  ........  ........      1147        30
** 61X........................................................  ........  ........  ........      1085        12  ........  ........      1022        12
** 61Y........................................................  ........  ........  ........      1085        36  ........  ........      1148        30
** 62X........................................................  ........  ........  ........      1086        12  ........  ........      1023        12
** 62Y........................................................  ........  ........  ........      1086        36  ........  ........      1149        30
** 63X........................................................  ........  ........  ........      1037        12  ........  ........      1024        12
** 63Y........................................................  ........  ........  ........      1087        36  ........  ........      1150        30
** 64X........................................................  ........  ........  ........      1088        12  ........  ........      1151        12
** 64Y........................................................  ........  ........  ........      1088        36  ........  ........      1025        30
** 65X........................................................  ........  ........  ........      1089        12  ........  ........      1152        12
** 65Y........................................................  ........  ........  ........      1089        36  ........  ........      1026        30
** 66X........................................................  ........  ........  ........      1090        12  ........  ........      1153        12
** 66Y........................................................  ........  ........  ........      1090        36  ........  ........      1027        30
** 67X........................................................  ........  ........  ........      1091        12  ........  ........      1154        12
** 67Y........................................................  ........  ........  ........      1091        36  ........  ........      1028        30
** 68X........................................................  ........  ........  ........      1092        12  ........  ........      1155        12
** 68Y........................................................  ........  ........  ........      1092        36  ........  ........      1029        30
** 69X........................................................  ........  ........  ........      1093        12  ........  ........      1156        12
** 69Y........................................................  ........  ........  ........      1093        36  ........  ........      1030        30
70X...........................................................    112.30  ........  ........      1094        12  ........  ........      1157        12
** 70Y........................................................    112.35  ........  ........      1094        36  ........  ........      1031        30
71X...........................................................    112.40  ........  ........      1095        12  ........  ........      1158        12
** 71Y........................................................    112.45  ........  ........      1095        36  ........  ........      1032        30
72X...........................................................    112.50  ........  ........      1096        12  ........  ........      1159        12
** 72Y........................................................    112.55  ........  ........      1096        36  ........  ........      1033        30
73X...........................................................    112.60  ........  ........      1097        12  ........  ........      1160        12
** 73Y........................................................    112.65  ........  ........      1097        36  ........  ........      1034        30
74X...........................................................    112.70  ........  ........      1098        12  ........  ........      1161        12
** 74Y........................................................    112.75  ........  ........      1098        36  ........  ........      1035        30
75X...........................................................    112.80  ........  ........      1099        12  ........  ........      1162        12
** 75Y........................................................    112.85  ........  ........      1099        36  ........  ........      1036        30
76X...........................................................    112.90  ........  ........      1100        12  ........  ........      1163        12
** 76Y........................................................    112.95  ........  ........      1100        36  ........  ........      1037        30
77X...........................................................    113.00  ........  ........      1101        12  ........  ........      1164        12
** 77Y........................................................    113.05  ........  ........      1101        36  ........  ........      1038        30
78X...........................................................    113.10  ........  ........      1102        12  ........  ........      1165        12
** 78Y........................................................    113.15  ........  ........      1102        36  ........  ........      1039        30

[[Page 783]]

 
79X...........................................................    113.20  ........  ........      1103        12  ........  ........      1166        12
** 79Y........................................................    113.25  ........  ........      1103        36  ........  ........      1040        30
80X...........................................................    113.30  ........  ........      1104        12  ........  ........      1167        12
80Y...........................................................    113.35    5067.0       620      1104        36        36        42      1041        30
80Z...........................................................  ........    5067.3       621      1104  ........        21        27      1041        15
81X...........................................................    113.40  ........  ........      1105        12  ........  ........      1168        12
81Y...........................................................    113.45    5067.6       622      1105        36        36        42      1042        30
81Z...........................................................  ........    5067.9       623      1005  ........        21        27      1042        15
82X...........................................................    113.50  ........  ........      1106        12  ........  ........      1169        12
82Y...........................................................    113.55    5068.2       624      1106        36        36        42      1043        30
82Z...........................................................  ........    5068.5       625      1106  ........        21        27      1043        15
83X...........................................................    113.60  ........  ........      1107        12  ........  ........      1170        12
83Y...........................................................    113.65    5068.8       626      1107        36        36        42      1044        30
83Z...........................................................  ........    5069.1       627      1107  ........        21        27      1044        15
84X...........................................................    113.70  ........  ........      1108        12  ........  ........      1171        12
84Y...........................................................    113.75    5069.4       628      1108        36        36        42      1045        30
84Z...........................................................  ........    6069.7       629      1108  ........        21        27      1045        15
85X...........................................................    113.80  ........  ........      1109        12  ........  ........      1172        12
85Y...........................................................    113.85    5070.0       630      1109        36        36        42      1046        30
85Z...........................................................  ........    5070.3       631      1109  ........        21        27      1046        15
86X...........................................................    113.90  ........  ........      1110        12  ........  ........      1173        12
86Y...........................................................    113.95    5070.6       632      1110        36        36        42      1047        30
86Z...........................................................  ........    5070.9       633      1110  ........        21        27      1047        15
87X...........................................................    114.00  ........  ........      1111        12  ........  ........      1174        12
87Y...........................................................    114.05    5071.2       634      1111        36        36        42      1048        30
87Z...........................................................  ........    5071.5       635      1111  ........        21        27      1048        15
88X...........................................................    114.10  ........  ........      1112        12  ........  ........      1175        12
88Y...........................................................    114.15    5071.8       636      1112        36        36        42      1049        30
88Z...........................................................  ........    5072.1       637      1112  ........        21        27      1049        15
89X...........................................................    114.20  ........  ........      1113        12  ........  ........      1176        12
89Y...........................................................    114.25    5072.4       638      1113        36        36        42      1050        30
89Z...........................................................  ........    5072.7       639      1113  ........        21        27      1050        15
90X...........................................................    114.30  ........  ........      1114        12  ........  ........      1177        12
90Y...........................................................    114.35    5073.0       640      1114        36        36        42      1051        30
90Z...........................................................  ........    5073.3       641      1114  ........        21        27      1051        15
91X...........................................................    114.40  ........  ........      1115        12  ........  ........      1178        12
91Y...........................................................    114.45    5073.6       642      1115        36        36        42      1052        30
91Z...........................................................  ........    5073.9       643      1115  ........        21        27      1052        15
92X...........................................................    114.50  ........  ........      1116        12  ........  ........      1179        12
92Y...........................................................    114.55    5074.2       644      1116        36        36        42      1053        30
92Z...........................................................  ........    5074.5       645      1116  ........        21        27      1053        15
93X...........................................................    114.60  ........  ........      1117        12  ........  ........      1180        12
93Y...........................................................    114.65    5074.8       646      1117        36        36        42      1054        30
93Z...........................................................  ........    5075.1       647      1117  ........        21        27      1054        15
94X...........................................................    114.70  ........  ........      1118        12  ........  ........      1181        12
94Y...........................................................    114.75    5075.4       648      1118        36        36        42      1055        30
94Z...........................................................  ........    5075.7       649      1118  ........        21        27      1055        15
95X...........................................................    114.80  ........  ........      1119        12  ........  ........      1182        12
95Y...........................................................    114.85    5076.0       650      1119        36        36        42      1056        30
95Z...........................................................  ........    5076.3       651      1119  ........        21        27      1056        15
96X...........................................................    114.90  ........  ........      1120        12  ........  ........      1183        12
96Y...........................................................    114.95    5076.6       652      1120        36        36        42      1057        30
96Z...........................................................  ........    5076.9       653      1120  ........        21        27      1057        15
97X...........................................................    115.00  ........  ........      1121        12  ........  ........      1184        12
97Y...........................................................    115.05    5077.2       654      1121        36        36        42      1058        30
97Z...........................................................  ........    5077.5       655      1121  ........        21        27      1058        15
98X...........................................................    115.10  ........  ........      1122        12  ........  ........      1185        12
98Y...........................................................    115.15    5077.8       656      1122        36        36        42      1059        30
98Z...........................................................  ........    5078.1       657      1122  ........        21        27      1059        15
99X...........................................................    115.20  ........  ........      1123        12  ........  ........      1186        12
99Y...........................................................    115.25    5078.4       658      1123        36        36        42      1060        30
99Z...........................................................  ........    5078.7       659      1123  ........        21        27      1060        15
100X..........................................................    115.30  ........  ........      1124        12  ........  ........      1187        12
100Y..........................................................    115.35    5079.0       660      1124        36        36        42      1061        30
100Z..........................................................  ........    5079.3       661      1124  ........        21        27      1061        15

[[Page 784]]

 
101X..........................................................    115.40  ........  ........      1125        12  ........  ........      1188        12
101Y..........................................................    115.45    5079.6       662      1125        36        36        42      1062        30
101Z..........................................................  ........    5079.9       663      1125  ........        21        27      1062        15
102X..........................................................    115.50  ........  ........      1126        12  ........  ........      1189        12
102Y..........................................................    115.55    5080.2       664      1126        36        36        42      1063        30
102Z..........................................................  ........    5080.5       665      1126  ........        21        27      1063        15
103X..........................................................    115.60  ........  ........      1127        12  ........  ........      1190        12
103Y..........................................................    115.65    5080.B       666      1127        36        36        42      1064        30
103Z..........................................................  ........    5081.1       667      1127  ........        21        27      1064        19
104X..........................................................    115.70  ........  ........      1128        12  ........  ........      1191        12
104Y..........................................................    115.75    5081.4       668      1128        36        36        42      1065        30
104Z..........................................................  ........    5081.7       669      1128  ........        21        27      1065        19
105X..........................................................    115.80  ........  ........      1129        12  ........  ........      1192        12
105Y..........................................................    115.85    5082.0       670      1129        36        36        42      1066        30
105Z..........................................................  ........    5082.3       671      1129  ........        21        27      1066        15
106X..........................................................    115.90  ........  ........      1130        12  ........  ........      1193        12
106Y..........................................................    115.95    5082.6       672      1130        36        36        42      1067        30
106Z..........................................................  ........    5082.9       673      1130  ........        21        27      1067        15
107X..........................................................    116.00  ........  ........      1131        12  ........  ........      1194        12
107Y..........................................................    116.05    5083.2       674      1131        36        36        42      1068        30
107Z..........................................................  ........    5083.5       675      1131  ........        21        27      1068        15
108X..........................................................    116.10       508  ........      1132        12  ........  ........      1195        12
108Y..........................................................    116.15    5083.8       676      1132        36        36        42      1069        30
108Z..........................................................  ........    5084.1       677      1132  ........        21        27      1069        15
109X..........................................................    116.20  ........  ........      1133        12  ........  ........      1196        12
109Y..........................................................    116.25    5084.4       678      1133        36        36        42      1070        30
109Z..........................................................  ........    5084.7       679      1133  ........        21        27      1070        15
110X..........................................................    116.30  ........  ........      1134        12  ........  ........      1197        12
110Y..........................................................    116.35    5085.0       680      1134        36        36        42      1071        30
110Z..........................................................  ........    5085.3       681      1134  ........        21        27      1071        15
111X..........................................................    116.40  ........  ........      1135        12  ........  ........      1198        12
111Y..........................................................    116.45    5086.6       682      1135        36        36        42      1072        30
111Z..........................................................  ........    5085.9       683      1135  ........        21        27      1072        15
112X..........................................................    116.50  ........  ........      1136        12  ........  ........      1199        12
112Y..........................................................    116.55    5086.2       684      1136        36        36        42      1073        30
112Z..........................................................  ........    5086.5       685      1136  ........        21        27      1073        15
113X..........................................................    116.60  ........  ........      1137        12  ........  ........      1200        12
113Y..........................................................    116.65    5086.8       686      1137        36        36        42      1074        30
113Z..........................................................  ........    5087.1       687      1137  ........        21        27      1074        15
114X..........................................................    116.70  ........  ........      1138        12  ........  ........      1201        12
114Y..........................................................    116.75    5087.4       688      1138        36        36        42      1075        30
114Z..........................................................  ........    5087.7       689      1138  ........        21        27      1075        15
115X..........................................................    116.80  ........  ........      1139        12  ........  ........      1202        12
115Y..........................................................    116.85    5088.0       690      1139        36        36        42      1076        30
115Z..........................................................  ........    5088.3       691      1139  ........        21        27      1076        15
116X..........................................................    116.90  ........  ........      1140        12  ........  ........      1203        12
116Y..........................................................    116.95    5088.6       692      1140        36        36        42      1077        30
116Z..........................................................  ........    5088.9       693      1140  ........        21        27      1077        15
117X..........................................................    117.00  ........  ........      1141        12  ........  ........      1204        12
117Y..........................................................    117.05    5089.2       694      1141        36        36        42      1078        30
117Z..........................................................  ........    5089.5       695      1141  ........        21        27      1078        15
118X..........................................................    117.10  ........  ........      1142        12  ........  ........      12.5        12
118Y..........................................................    117.15    5089.8       696      1142        36        36        42      1079        30
118Z..........................................................  ........    5090.1       697      1142  ........        21        27      1079        12
119X..........................................................    117.20  ........  ........      1143        12  ........  ........      1206        12
119Y..........................................................    117.25    5090.4       698      1143        36        36        42      1080        30
119Z..........................................................  ........    5090.7       699      1143  ........        21        27      1080        15
120X..........................................................    117.30  ........  ........      1144        12  ........  ........      1207        12
120Y..........................................................    117.35  ........  ........      1144        36  ........  ........      1081        30
121X..........................................................    117.40  ........  ........      1145        12  ........  ........      1208        12
121Y..........................................................    117.45  ........  ........      1145        36  ........  ........      1082        30
122X..........................................................    117.50  ........  ........      1146        12  ........  ........      1209        12
122Y..........................................................    117.55  ........  ........      1146        36  ........  ........      1083        30
123X..........................................................    117.60  ........  ........      1147        12  ........  ........      1210        12
123Y..........................................................    117.65  ........  ........      1147        36  ........  ........      1084        30

[[Page 785]]

 
124X..........................................................    117.70  ........  ........      1148        12  ........  ........      1211        12
** 124Y.......................................................    117.75  ........  ........      1148        36  ........  ........      1085        30
125X..........................................................    117.80  ........  ........      1149        12  ........  ........      1212        12
** 125Y.......................................................    117.85  ........  ........      1149        36  ........  ........      1086        30
126X..........................................................    117.90  ........  ........      1150        12  ........  ........      1213        12
** 126Y.......................................................    117.95  ........  ........      1150        36  ........  ........      1087        30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
* These channels are reserved exclusively for national allotments.
** These channels may be used for national allotment on a secondary basis. The primary reason for reserving these channels is to provide protection for
  the secondary Surveillance Radar (SSR) system.
[dtri] 108.0 MHz is not scheduled for assignment to ILS service. The associated DME operating channel No. 17X may be assigned to the emergency service.

    (b) Polarization. (1) The radio frequency emissions from all ground 
equipment must be nominally vertically polarized. Any horizontally 
polarized radio frequency emission component from the ground equipment 
must not have incorrectly coded angle information such that the limits 
specified in paragraphs (b) (2) and (3) of this section are exceeded.
    (2) Rotation of the receiving antenna thirty degrees from the 
vertically polarized position must not cause the path following error to 
exceed the allowed error at that location.
    (c) Modulation requirements. Each function transmitter must be 
capable of DPSK and continuous wave (CW) modulations of the RF carrier 
which have the following characteristics.
    (1) DPSK. The DPSK signal must have the following characteristics:

bit rate..................................  15.625 KHz
bit length................................  64 microseconds
logic ``0''...............................  no phase transition
logic ``1''...............................  phase transition
phase transition..........................  less than 10 microseconds
phase tolerance...........................  10
                                             degrees
 


The phase shall advance (or retard) monotonically throughout the 
transition region. Amplitude modulation during the phase transition 
period shall not be used.
[GRAPHIC] [TIFF OMITTED] TC15SE91.005


[[Page 786]]


    (2) CW. The CW pulse transmissions and the CW angle transmissions as 
may be required in the signal format of any function must have 
characteristics such that the requirements of paragraph (d) of this 
section are met.
    (d) Radio frequency signal spectrum. The transmitted signal must be 
such that during the transmission time, the mean power density above a 
height of 600 meters (2000 feet) does not exceed -100.5 dBW/m\2\ for 
angle guidance and -95.5 dBW/m\2\ for data, as measured in a 150 KHz 
bandwidth centered at a frequency of 840 KHz or more from the assigned 
frequency.
    (e) Synchronization. Synchronization between the azimuth and 
elevation components is required and, in split-site configurations, 
would normally be accomplished by landline interconnections. 
Synchronization monitoring must be provided to preclude function 
overlap.
    (f) Transmission rates. Angle guidance and data signals must be 
transmitted at the following average repetition rates:

------------------------------------------------------------------------
                                                                Average
                           Function                            data rate
                                                                (Hertz)
------------------------------------------------------------------------
Approach Azimuth.............................................  13 11 and I12) of the 
code are parity bits obeying the equations:

I6+I7+I8+I9+I10+I11
    =Even

I6+I8+I10+I12=Even

    (ii) Data modulation. The digital code portions of the preamble must 
be DPSK modulated in accordance with Sec. 171.311(c)(1) and must be 
transmitted throughout the function coverage volume.
    (2) Angle function formats. The timing of the angle transmissions 
must be in accordance with Tables 4a, 4b, and 5. The actual timing of 
the TO and FRO scans must be as required to meet the accuracy 
requirements of Sec. Sec. 171.313 and 171.317.
    (i) Preamble. Must be in accordance with requirements of Sec. 
171.311(i)(1).

                      Table 2--Preamble Timing \1\
------------------------------------------------------------------------
                                                 Event time slot begins
                                                          at--
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Carrier acquisition:
  (CW transmission)...........................         0         0
Receiver reference time code:
  I1=1........................................        13         0.832
  I2=1........................................        14         0.896
  I3=1........................................        15         0.960
  I4=0........................................        16         1.024
  I5=1........................................        17     \2\ 1.088
Function identification:
  I6..........................................        18         1.152
  I7..........................................        19         1.216
  I8..........................................        20         1.280
  I9..........................................        21         1.344
  I10 (see table 1)...........................        22         1.408
  I11.........................................        23         1.472
  I12.........................................        24         1.536
  END PREAMBLE................................        25         1.600
------------------------------------------------------------------------
\1\ Applies to all functions transmitted.
\2\ Reference time for receiver synchronization for all function timing.


                 Table 3--Function Identification Codes
------------------------------------------------------------------------
                                                        Code
                 Function                 ------------------------------
                                           I6  I7  I8  I9  I10  I11  I12
------------------------------------------------------------------------
Approach azimuth.........................   0   0   1   1    0    0    1
High rate approach azimuth...............   0   0   1   0    1    0    0
Approach elevation.......................   1   1   0   0    0    0    1
Back azimuth.............................   1   0   0   1    0    0    1
Basic data 1.............................   0   1   0   1    0    0    0
Basic data 2.............................   0   1   1   1    1    0    0
Basic data 3.............................   1   0   1   0    0    0    0
Basic data 4.............................   1   0   0   0    1    0    0
Basic data 5.............................   1   1   0   1    1    0    0
Dasic data 6.............................   0   0   0   1    1    0    1
Auxiliary data A.........................   1   1   1   0    0    1    0
Auxiliary data B.........................   1   0   1   0    1    1    1
Auxiliary data C.........................   1   1   1   1    0    0    0
------------------------------------------------------------------------

    (ii) Sector signals. In all azimuth formats, sector signals must be 
transmitted to provide Morse Code identification, airborne antenna 
selection, and system test signals. These signals are not required in 
the elevation formats. In addition, if the signal from an installed 
ground component results in a valid indication in an area where no valid 
guidance should exist, OCI signals must be radiated as provided for in 
the signal format (see Tables 4a, 4b, and 5). The sector signals are 
defined as follows:
    (A) Morse Code. DPSK transmissions that will permit Morse Code 
facility

[[Page 791]]

identification in the aircraft by a four letter code starting with the 
letter ``M'' must be included in all azimuth functions. They must be 
transmitted and repeated at approximately equal intervals, not less than 
six times per minute, during which time the ground subsystem is 
available for operational use. When the transmissions of the ground 
subsystem are not available, the identification signal must be 
suppressed. The audible tone in the aircraft is started by setting the 
Morse Code bit to logic ``1'' and stopped by a logic ``0'' (see Tables 
4a and 4b). The identification code characteristics must conform to the 
following: the dot must be between 0.13 and 0.16 second in duration, and 
the dash between 0.39 and 0.48 second. The duration between dots and/or 
dashes must be one dot plus or minus 10%. The duration between 
characters (letters) must not be less than three dots. When back azimuth 
is provided, the code shall be transmitted by the approach azimuth and 
back azimuth within plus or minus 0.08 seconds.
    (B) Airborne antenna selection. A signal for airborne antenna 
selection shall be transmitted as a ``zero'' DPSK signal lasting for a 
six-bit period (see Tables 4a and 4b).

               Table 4a--Approach Azimuth Function timing
------------------------------------------------------------------------
                                                 Event time slot begins
                                                          at--
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0         0
Morse code....................................        25         1.600
Antenna select................................        26         1.664
Rear OCI......................................        32         2.048
Left OCI......................................        34         2.176
Right OCI.....................................        36         2.304
To test.......................................        38         2.432
To scan \1\...................................        40         2.560
Pause.........................................  ........         8.760
Midscan point.................................  ........         9.060
FRO scan \1\..................................  ........         9.360
FRO test......................................  ........        15.560
End Function (Airborne).......................  ........        15.688
End guard time; end function (ground).........  ........        15.900
------------------------------------------------------------------------
 AA\1\The actual commencement and completion of the TO and the FRO scan
  transmissions are dependent on the amount of proportional guidance
  provided. The time slots provided shall accommodate a maximum scan of
  plus or minus 62.0 degrees. Scan timing shall be compatible with
  accuracy requirements.


  Table 4b--High Rate Approach Azimuth and Back Azimuth Function Timing
------------------------------------------------------------------------
                                                 Event time slot begins
                                                          at--
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0         0
Morse Code....................................        25         1.600
Antenna select................................        26         1.664
Rear OCI......................................        32         2.048
Left OCI......................................        34         2.176
Right OCI.....................................        36         2.304
To test.......................................        38         2.432
To scan \1\...................................        40         2.560
Pause.........................................  ........         6.760
Midscan point.................................  ........         7.060
FRO scan \1\..................................  ........         7.360
FRO test pulse................................  ........        11.560
End function (airborne).......................  ........        11.688
End guard time; end function (ground).........  ........        11.900
------------------------------------------------------------------------
\1\ The actual commencement and completion of the TO and the FRO scan
  transmissions are dependent on the amount of proportional guidance
  provided. The time slots provided will accommodate a maximum scan of
  plus or minus 42.0 degrees. Scan timing shall be compatible with
  accuracy requirements.

    (C) OCI. Where OCI pulses are used, they must be: (1) greater than 
any guidance signal in the OCI sector; (2) at least 5 dB less than the 
level of the scanning beam within the proportional guidance sector; and 
(3) for azimuth functions with clearance signals, at least 5 dB less 
than the level of the left (right) clearance pulses within the left 
(right) clearance sector.

               Table 5--Approach Elevation Function Timing
------------------------------------------------------------------------
                                                 Event time slot begins
                                                           at:
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pluse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0         0
Processor pause...............................        25         1.600
OCI...........................................        27         1.728
To scan \1\...................................        29         1.856
Pause.........................................  ........         3.406
Midscan point.................................  ........         3.606
FRO scan \1\..................................  ........         3.806
End function (airborne).......................  ........         5.356
End guard time; end function (ground).........  ........         5.600
------------------------------------------------------------------------
\1\ The actual commencement and completion of the TO and FRO scan
  transmissions are dependent upon the amount of proportional guidance
  provided. The time slots provided will accommodate a maximum scan of -
  1.5 degrees to +29.5 degrees. Scan timing shall be compatible with
  accuracy requirements.


[[Page 792]]

    The duration of each pulse measured at the half amplitude point 
shall be at least 100 microseconds, and the rise and fall times shall be 
less then 10 microseconds. It shall be permissible to sequentially 
transmit two pulses in each out-of-coverage indication time slot. Where 
pulse pairs are used, the duration of each pulse shall be at least 50 
microseconds, and the rise and fall times shall be less then 10 
microseconds. The transmission of out-of-coverage indication pulses 
radiated from antennas with overlapping coverage patterns shall be 
separated by at least 10 microseconds.

    Note: If desired, two pulses may be sequentially transmitted in each 
OCI time slot. Where pulse pairs are used, the duration of each pulse 
must be 45 (5) microseconds and the rise and fall 
times must be less than 10 microseconds.

    (D) System test. Time slots are provided in Tables 4a and 4b to 
allow radiation of TO and FRO test pulses. However, radiation of these 
pulses is not required since the characteristics of these pulses have 
not yet been standardized.
    (iii) Angle encoding. The encoding must be as follows:
    (A) General. Azimuth and elevation angles are encoded by scanning a 
narrow beam between the limits of the proportional coverage sector first 
in one direction (the TO scan) and then in the opposite direction (the 
FRO scan). Angular information must be encoded by the amount of time 
separation between the beam centers of the TO and FRO scanning beam 
pulses. The TO and FRO transmissions must be symmetrically disposed 
about the midscan point listed in Tables 4a, 4b, 5, and 7. The midscan 
point and the center of the time interval between the TO and FRO scan 
transmissions must coincide with a tolerance of 10 
microseconds. Angular coding must be linear with angle and properly 
decoded using the formula:
[GRAPHIC] [TIFF OMITTED] TC15SE91.011

where:

[thetas]=Receiver angle in degrees.
V= Scan velocity in degrees per microsecond.
T0=Time separation in microseconds between TO and FRO beam 
centers corresponding to zero degrees.
t= Time separation in microseconds between TO and FRO beam centers.


The timing requirements are listed in Table 6 and illustrated in Figure 
7.

[[Page 793]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.012

    (B) Azimuth angle encoding. Each guidance angle transmitted must 
consist of a clockwise TO scan followed by a counterclockwise FRO scan 
as viewed from above the antenna. For approach azimuth functions, 
increasing angle values must be in the direction of the TO scan; for the 
back azimuth function, increasing angle values must be in the direction 
of the FRO scan. The antenna has a narrow beam in the plane of the scan 
direction and a broad beam in the orthogonal plane which fills the 
vertical coverage.
    (C) Elevation angle encoding. The radiation from elevation equipment 
must produce a beam which scans from the horizon up to the highest 
elevation angle and then scans back down to the horizon. The antenna has 
a narrow beam in the plane of the scan direction and a broad beam in the 
orthogonal plane which fills the horizontal coverage. Elevation angles 
are defined from the horizontal plane containing the antenna phase 
center; positive angles are above the horizontal and zero angle is along 
the horizontal.
    (iv) Clearance guidance. The timing of the clearance pulses must be 
in accordance with Figure 8. For azimuth elements with proportional 
coverage of less than 40 degrees (20 degrees for back azimuth), clearance guidance 
information must be provided by transmitting pulses in a TO and FRO 
format adjacent to the stop/start times of the scanning beam signal. The 
fly-right clearance pulses must represent positive angles and the fly-
left clearance pulses must represent negative angles. The duration of 
each clearance pulse must be 50 microseconds with a tolerance of 5 microseconds. The transmitter switching time between 
the clearance pulses and the scanning

[[Page 794]]

beam transmissions must not exceed 10 microseconds. The rise time at the 
edge of each clearance pulse must be less than 10 microseconds. Within 
the fly-right clearance guidance section, the fly-right clearance 
guidance signal shall exceed scanning beam antenna sidelobes and other 
guidance and OCI signals by at least 5 dB; within the fly-left clearance 
guidance sector, the fly left clearance guidance signal shall exceed 
scanning beam antenna sidelobes and all other guidance and OCI signals 
by at least 5 dB; within the proportional guidance sector, the clearance 
guidance signals shall be at least 5dB below the proportional guidance 
signal. Optionally, clearance guidance may be provided by scanning 
throughout the approach guidance sector. For angles outside the approach 
azimuth proportional coverage limits as set in Basic Data Word One 
(Basic Data Word 5 for back azimuth), proper decode and display of 
clearance guidance must occur to the limits of the guidance region. 
Where used, clearance pulses shall be transmitted adjacent to the 
scanning beam signals at the edges of proportional coverage as shown in 
Figure 8. The proportional coverage boundary shall be established at one 
beamwidth inside the scan start/stop angles, such that the transition 
between scanning beam and clearance signals occurs outside the 
proportional coverage sector. When clearance pulses are provided in 
conjunction with a narrow beamwidth (e.g., one degree) scanning antenna, 
the scanning beam antenna shall radiate for 15 microseconds while 
stationary at the scan start/stop angles.
    (3) Data function format. Basic data words provide equipment 
characteristics and certain siting information. Basic data words must be 
transmitted from an antenna located at the approach azimuth or back 
azimuth site which provides coverage throughout the appropriate sector. 
Data function timing must be in accordance with Table 7a.

                                      Table 6--Angle Scan Timing Constants
----------------------------------------------------------------------------------------------------------------
                                                         Max                                    Pause
                      Function                        value of  To(usec)   V(deg/      Tm       time       Tt
                                                       t(usec)              usec)    (usec)    (usec)    (usec)
----------------------------------------------------------------------------------------------------------------
Approach azimuth....................................    13,000     6,800      0.02     7,972       600    13,128
High rate approach azimuth..........................     9,000     4,800      0.02     5,972       600     9,128
Approach elevation..................................     3,500     3,350      0.02     2,518       400       N/A
Back azimuth........................................     9,000     4,800     -0.02     5,972       600     9,128
----------------------------------------------------------------------------------------------------------------


                  Table 7a--Basic Data Function Timing
------------------------------------------------------------------------
                                                 Event time slot begins
                                                         at:\1\
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0         0
Data transmission (bits I13-I30)..............        25         1.600
Parity transmission (bits I31-I32)............        43         2.752
End function (airborne).......................        45         2.880
End guard time: end function (ground).........  ........         3.100
------------------------------------------------------------------------
\1\ The previous event time slot ends at this time.


           Table 7b--Auxiliary Data Function Timing--(Digital)
------------------------------------------------------------------------
                                                 Event time slot begins
                                                           at:
                                               -------------------------
                                                 15.625
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0         0
Address transmission (bits I13-I20)...........        25         1.600
Data transmission: (bits I21-I69).............        33         2.112
Parity transmission (bits I70-I76)............        82         5.248
End function (airborne).......................        89         5.696
End guard time; end function (ground).........  ........         5.900
------------------------------------------------------------------------


[[Page 795]]


        Table 7c--Auxiliary Data Function Timing--(Alphanumeric)
------------------------------------------------------------------------
                                                 Event time slot begins
                                                           at:
                                               -------------------------
                                                 15.615
                     Event                         kHz
                                                  clock        Time
                                                  pulse   (milliseconds)
                                                (number)
------------------------------------------------------------------------
Preamble......................................         0            0
Address transmission (bits I13-I20)...........        25        1.600
Data transmission: (bits I21-I76..............        33        2.112
End function (airborne).......................        89        5.696
End guard time; (end function ground).........  ........        5.900
------------------------------------------------------------------------

    (i) Preamble. Must be in accordance with requirements of Sec. 
171.311(i)(1).
    (ii) Data transmissions. Basic data must be transmitted using DPSK 
modulation. The content and repetition rate of each basic data word must 
be in accordance with Table 8a. For data containing digital information, 
binary number 1 must represent the lower range limit with increments in 
binary steps to the upper range limit shown in Table 8a. Data containing 
digital information shall be transmitted with the least significant bit 
first.
    (j) Basic Data word requirements. Basic Data shall consist of the 
items specified in Table 8a. Basic Data word contents shall be defined 
as follows:
    (1) Approach azimuth to threshold distance shall represent the 
minimum distance between the Approach Azimuth antenna phase center and 
the vertical plane perpendicular to the centerline which contains the 
landing threshold.
    (2) Approach azimuth proportional coverage limit shall represent the 
limit of the sector in which proportional approach azimuth guidance is 
transmitted.
    (3) Clearance signal type shall represent the type of clearance when 
used. Pulse clearance is that which is in accordance with Sec. 171.311 
(i) (2) (iv). Scanning Beam (SB) clearance indicates that the 
proportional guidance sector is limited by the proportional coverage 
limits set in basic data.

[[Page 796]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.013


[[Page 797]]



                       Table 8a--Basic Data Words
------------------------------------------------------------------------
 Data bit            Data item definition    value      Data bit value
------------------------------------------------------------------------
                          Basic Data Word No. 1
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  0
7                  .......................  .......  1
8                  .......................  .......  0
9                  .......................  .......  1
10                 .......................  .......  0
11                 .......................  .......  0
12                 .......................  .......  0
13                 Approach azimuth to         100m  100m
                    threshold distance (Om-
                    630m).
14                 .......................  .......  200m
15                 .......................  .......  400m
16                 .......................  .......  800m
17                 .......................  .......  1600m
18                 .......................  .......  3200m
19                 Approach azimuth          2[deg]  -2[deg]
                    proportional coverage
                    limit (negative limit)
                    (0[deg] to -62[deg]).
20                 .......................  .......  -4[deg]
21                 .......................  .......  -8[deg]
22                 .......................  .......  -16[deg]
23                 .......................  .......  -32[deg]
24                 Approach azimuth          2[deg]  2[deg]
                    proportional coverage
                    limit (positive limit)
                    (0[deg] to +62[deg]).
25                 .......................  .......  4[deg]
26                 .......................  .......  8[deg]
27                 .......................  .......  16[deg]
28                 .......................  .......  32[deg]
29                 Clearance signal type..      N/A  0=pulse; 1=SB
30                 Spare..................  .......  Transmit zero
31                 Parity: (13+14+15. .         N/A  N/A
                    .+30 +31=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).
 
Note 1: Transmit throughout the Approach Azimuth guidance sector at
 intervals of 1.0 seconds or less.
Note 2: The all zero state of the data field represents the lower limit
 of the absolute value of the coded parameter unless otherwise noted.
------------------------------------------------------------------------
                          Basic Data Word No. 2
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  0
7                  .......................  .......  1
8                  .......................  .......  1
9                  .......................  .......  1
10                 .......................  .......  1
11                 .......................  .......  0
12                 .......................  .......  0
13                 Minimum glide path       0.1[deg  0.1[deg]
                    (2.0[deg] to                  ]
                    14.7[deg]).
14                 .......................  .......  0.2[deg]
15                 .......................  .......  0.4[deg]
16                 .......................  .......  0.8[deg]
17                 .......................  .......  1.6[deg]
18                 .......................  .......  3.2[deg]
19                 .......................  .......  6.4[deg]
20                 Back azimuth status....  .......  see note 4
21                 DME status.............  .......  see note 6
22                 .......................  .......  ...................
23                 Approach azimuth status  .......  see note 4
24                 Approach azimuth status  .......  see note 4
25                 Spare..................  .......  Transmit zero
26                 ......do...............  .......   Do.
27                 ......do...............  .......   Do.
28                 ......do...............  .......   Do.
29                 ......do...............  .......   Do.
30                 ......do...............  .......   Do.
31                 Parity: (13+14+15. .         N/A  N/A
                    .+30 +31)=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).
 
Note 1: Transmit throughout the Approach Azimuth guidance sector at
 intervals of 0.16 seconds or less.
Note 2: The all zero state of the data field represents the lower limit
 of the absolute range of the coded parameter unless otherwise noted.
------------------------------------------------------------------------
                          Basic Data Word No. 3
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  1
7                  .......................  .......  0
8                  .......................  .......  1
9                  .......................  .......  0
10                 .......................  .......  0
11                 .......................  .......  0
12                 .......................  .......  0
13                 Approach azimuth         0.5[deg  0.5[deg]
                    beamwidth (0.5[deg]-          ]
                    4.0[deg]) See note 7.
14                 .......................  .......  1.0[deg]
15                 .......................  .......  2.0[deg]
16                 Approach elevation       0.5[deg  0.5[deg]
                    beamwidth (0.5[deg] to        ]
                    2.5[deg]) See note 7.
17                 .......................  .......  1.0[deg]
18                 Note: values greater     .......  2.0[deg]
                    than 2.5[deg] are
                    invalid.
19                 DME distance (Om to        12.5m  12.5m
                    6387.5m.
20                 .......................  .......  25.0m
21                 .......................  .......  50.0m
22                 .......................  .......  100.0m
23                 .......................  .......  200.0m
24                 .......................  .......  400.0m
25                 .......................  .......  800.0m
26                 .......................  .......  1600.0m
27                 .......................  .......  3200.0m
28                 Spare..................  .......  Transmit zero
29                 ......do...............  .......   Do.
30                 ......do...............  .......   Do.
31                 Parity: (13+14+15. .     .......  ...................
                    .+30 +31=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).

[[Page 798]]

 
Note 1: Transmit throughout the Approach Azimuth guidance sector at
 intervals of 1.0 seconds or less.
Note 2: The all zero state of the data field represents the lower limit
 of the absolute range of the coded parameter unless otherwise noted.
------------------------------------------------------------------------
                          Basic Data Word No. 4
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  1
7                  .......................  .......  0
8                  .......................  .......  0
9                  .......................  .......  0
10                 .......................  .......  1
11                 .......................  .......  0
12                 .......................  .......  0
13                 Approach azimuth          1[deg]  1[deg]
                    magnetic orientation
                    (0[deg] to 359[deg]).
14                 .......................  .......  2[deg]
15                 .......................  .......  4[deg]
16                 .......................  .......  8[deg]
17                 .......................  .......  16[deg]
18                 .......................  .......  32[deg]
19                 .......................  .......  64[deg]
20                 .......................  .......  128[deg]
21                 .......................  .......  256[deg]
22                 Back azimuth magnetic     1[deg]  1[deg]
                    orientation (0[deg] to
                    359[deg]).
23                 .......................  .......  2[deg]
24                 .......................  .......  4[deg]
25                 .......................  .......  8[deg]
26                 .......................  .......  16[deg]
27                 .......................  .......  32[deg]
28                 .......................  .......  64[deg]
29                 .......................  .......  128[deg]
30                 .......................  .......  256[deg]
31                 Parity: (13+14+15. .         N/A  N/A
                    .+30 +31=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).
 
Note 1: Transmit at intervals of 1.0 second or less throughout the
 Approach Azimuth guidance sector, except when Back Azimuth guidance is
 provided. See Note 8.
Note 2: The all zero state of the data field represents the lower limit
 of the absolute range of the coded parameter unless otherwise noted.
------------------------------------------------------------------------
                          Basic Data Word No. 5
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  1
7                  .......................  .......  1
8                  .......................  .......  0
9                  .......................  .......  1
10                 .......................  .......  1
11                 .......................  .......  0
12                 .......................  .......  0
13                 Back azimuth              2[deg]  -2[deg]
                    proportional coverage
                    negative limit (0[deg]
                    to -42[deg]).
14                 .......................  .......  -4[deg]
15                 .......................  .......  -8[deg]
16                 .......................  .......  -16[deg]
17                 .......................  .......  -32[deg]
18                 Back azimuth              2[deg]  2[deg]
                    proportional coverage
                    positive limit (0[deg]
                    to +42[deg]).
19                 .......................  .......  4[deg]
20                 .......................  .......  8[deg]
21                 .......................  .......  16[deg]
22                 .......................  .......  32[deg]
23                 Back azimuth beamwidth   0.5[deg  0.5[deg]
                    (0.5[deg] to 4.0[deg])        ]
                    See note 7.
24                 .......................  .......  1.0[deg]
25                 .......................  .......  2.0[deg]
26                 Back azimuth status....  .......  See Note 10
27                 ......do...............  .......   Do.
28                 ......do...............  .......   Do.
29                 ......do...............  .......   Do.
30                 ......do...............  .......   Do.
31                 Parity: (13+14+15. .         N/A  N/A
                    .+30 +31=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).
 
Note 1: Transmit only when Back Azimuth guidance is provided. See note
 9.
Note 2: The all zero state of the data filed represents the lower limit
 of the absolute range of the coded parameter unless otherwise noted.
------------------------------------------------------------------------
                          Basic Data Word No. 6
------------------------------------------------------------------------
1                  Preamble...............      N/A  1
2                  .......................  .......  1
3                  .......................  .......  1
4                  .......................  .......  0
5                  .......................  .......  1
6                  .......................  .......  0
7                  .......................  .......  0
8                  .......................  .......  0
9                  .......................  .......  1
10                 .......................  .......  1
11                 .......................  .......  0
12                 .......................  .......  1
(13-               MLS ground equipment     .......  ...................
30)                 identification (Note
                    3).
13                 Character 2............      N/A  B1
14                 .......................  .......  B2
15                 .......................  .......  B3
16                 .......................  .......  B4
17                 .......................  .......  B5
18                 .......................  .......  B6
19                 Character 3............      N/A  B1
20                 .......................  .......  B2
21                 .......................  .......  B3
22                 .......................  .......  B4
23                 .......................  .......  B5
24                 .......................  .......  B6
25                 Character 4............      N/A  B1
26                 .......................  .......  B2
27                 .......................  .......  B3
28                 .......................  .......  B4
29                 .......................  .......  B5
30                 .......................  .......  B6
31                 Parity: (13+14+15. .         N/A  N/A
                    .+30 +31=odd).
32                 Parity: (14+16+18. .         N/A  N/A
                    .+30 +32=odd).
 
 Note 1: Transmit at intervals of 1.0 second or less throughout the
  Approach Azimuth guidance sector, except when Back Azimuth guidance is
  provided. See note 8.

[[Page 799]]

 
 
 Note 3: Characters are encoded using the International Alphabet Number
  5, (IA-5):
Note 4: Coding for status bit:
0=Function not radiated, or radiated in test mode (not reliable for
  navigation).
1=Function radiated in normal mode (for Back Azimuth, this also
  indicates that a Back Azimuth transmission follows).
Note 5: Date items which are not applicable to a particular ground
  equipment shall be transmitted as all zeros.
Note 6: Coding for status bits:


I21                          I22  ......................................
0                              0  DME transponder inoperative or not
                                   available.
1                              0  Only IA mode or DME/N available.
0                              0  FA mode, Standard 1, available.
1                              1  FA mode, Standard 2, available.
 
Note 7: The value coded shall be the actual beamwidth (as defined in
  Sec.  171.311 (j)(9) rounded to the nearest 0.5 degree.
Note 8: When back Azimuth guidance is provided, Data Words 4 and 6 shall
  be transmitted at intervals of 1.33 seconds or less throughout the
  Approach Azimuth coverage and 4 seconds or less throughout the Back
  Azimuth coverage.
Note 9: When Back Azimuth guidance is provided, Data Word 5 shall be
  transmitted at an interval of 1.33 seconds or less throughout the Back
  Azimuth coverage sector and 4 seconds or less throughout the Approach
  Azimuth coverage sector.
Note 10: Coding for status bit:
0=Function not radiated, or radiated in test mode (not reliable for
  navigation).
1=Function radiated in normal mode.

    (4) Minimum glidepath the lowest angle of descent along the zero 
degree azimuth that is consistent with published approach procedures and 
obstacle clearance criteria.
    (5) Back azimuth status shall represent the operational status of 
the Back Azimuth equipment.
    (6) DME status shall represent the operational status of the DME 
equipment.
    (7) Approach azimuth status shall represent the operational status 
of the approach azimuth equipment.
    (8) Approach elevation status shall represent the operational status 
of the approach elevation equipment.
    (9) Beamwidth the width of the scanning beam main lobe measured at 
the -3 dB points and defined in angular units on the antenna boresight, 
in the horizontal plane for the azimuth function and in the vertical 
plane for the elevation function.
    (10) DME distance shall represent the minimum distance between the 
DME antenna phase center and the vertical plane perpendicular to the 
runway centerline which contains the MLS datum point.
    (11) Approach azimuth magnetic orientation shall represent the angle 
measured in the horizontal plane clockwise from Magnetic North to the 
zero-degree angle guidance radial originating from the approach azimuth 
antenna phase center. The vertex of the measured angle shall be at the 
approach azimuth antenna phase center.

    Note: For example, this data item would be encoded 090 for an 
approach azimuth antenna serving runway 27 (assuming the magnetic 
heading is 270 degrees) when sited such that the zero degree radial is 
parallel to centerline.

    (12) Back azimuth magnetic orientation shall represent the angle 
measured in the horizontal plane clockwise from Magnetic North to the 
zero-degree angle guidance radial originating from the Back Azimuth 
antenna. The vertex of the measured angle shall be at the Back Azimuth 
antenna phase center.

    Note: For example, this data item would be encoded 270 for a Back 
Azimuth Antenna serving runway 27 (assuming the magnetic heading is 270 
degrees) when sited such that the zero degree radial is parallel to 
centerline.

    (13) Back azimuth proportional coverage limit shall represent the 
limit of the sector in which proportional back azimuth guidance is 
transmitted.
    (14) MLS ground equipment identification shall represent the last 
three characters of the system identification specified in Sec. 
171.311(i)(2). The characters shall be encoded in accordance with 
International Alphabet No. 5 (IA-5) using bits b1 through 
b6.

    Note: Bit b7 of this code may be reconstructed in the 
airborne receiver by taking the complement of bit b6.

    (k) Residual radiation. The residual radiation of a transmitter 
associated with an MLS function during time intervals when it should not 
be transmitting shall not adversely affect the reception of any other 
function. The residual radiation of an MLS function at times when 
another function is radiating shall be at least 70 dB below the level 
provided when transmitting.
    (l) Symmetrical scanning. The TO and FRO scan transmissions shall be 
symmetrically disposed about the mid-scan point listed in Tables 4a, 4b 
and 5. The mid-scan point and the center of the time interval between 
the TO and FRO scan shall coincide with a tolerance of plus or minus 10 
microseconds.
    (m) Auxiliary data--(1) Addresses. Three function identification 
codes are reserved to indicate transmission of Auxiliary Data A, 
Auxiliary Data B,

[[Page 800]]

and Auxiliary Data C. Auxiliary Data A contents are specified below, 
Auxiliary Data B contents are reserved for future use, and Auxiliary 
Data C contents are reserved for national use. The address codes of the 
auxiliary data words shall be as shown in Table 8b.
    (2) Organization and timing. The organization and timing of digital 
auxiliary data must be as specified in Table 7b. Data containing digital 
information must be transmitted with the least significant bit first. 
Alphanumeric data characters must be encoded in accordance with the 7-
unit code character set as defined by the American National Standard 
Code for Information Interchange (ASCII). An even parity bit is added to 
each character. Alphanumeric data must be transmitted in the order in 
which they are to be read. The serial transmission of a character must 
be with the lower order bit transmitted first and the parity bit 
transmitted last. The timing for alphanumeric auxiliary data must be as 
shown in Table 7c.
    (3) Auxiliary Data A content: The data items specified in Table 8c 
are defined as follows:
    (i) Approach azimuth antenna offset shall represent the minimum 
distance between the Approach Azimuth antenna phase center and the 
vertical plane containing the runway centerline.
    (ii) Approach azimuth to MLS datum point distance shall represent 
the minimum distance between the Approach Azimuth antenna phase center 
and the vertical plane perpendicular to the centerline which contains 
the MLS datum point.
    (iii) Approach azimuth alignment with runway centerline shall 
represent the minimum angle between the approach azimuth antenna zero-
degree guidance plane and the runway certerline.
    (iv) Approach azimuth antenna coordinate system shall represent the 
coordinate system (planar or conical) of the angle data transmitted by 
the approach azimuth antenna.
    (v) Approach elevation antenna offset shall represent the minimum 
distance between the elevation antenna phase center and the vertical 
plane containing the runway centerline.
    (vi) MLS datum point to threshold distance shall represent the 
distance measured along the runway centerline from the MLS datum point 
to the runway threshold.
    (vii) Approach elevation antenna height shall represent the height 
of the elevation antenna phase center relative to the height of the MLS 
datum point.
    (viii) DME offset shall represent the minimum distance between the 
DME antenna phase center and the vertical plane containing the runway 
centerline.
    (ix) DME to MLS datum point distance shall represent the minimum 
distance between the DME antenna phase center and the vertical plane 
perpendicular to the centerline which contains the MLS datum point.
    (x) Back azimuth antenna offset shall represent the minimum distance 
between the back azimuth antenna phase center and the vertical plane 
containing the runway centerline.
    (xi) Back azimuth to MLS datum point distance shall represent the 
minimum distance between the Back Azimuth antenna and the vertical plane 
perpendicular to the centerline which contains the MLS datum point.
    (xii) Back azimuth antenna alignment with runway centerline shall 
represent the minimum angle between the back azimuth antenna zero-degree 
guidance plane and the runway centerline.



Sec. 171.313  Azimuth performance requirements.

    This section prescribes the performance requirements for the azimuth 
equipment of the MLS as follows:
    (a) Approach azimuth coverage requirements. The approach azimuth 
equipment must provide guidance information in at least the following 
volume of space (see Figure 9):

               Table 8b--Auxiliary Data Word Address Codes
------------------------------------------------------------------------
  No.      I13      I14     I15     I16     I17     I18     I19     I20
------------------------------------------------------------------------
   1.        0        0       0       0       0       1       1       1
   2.        0        0       0       0       1       0       1       0
   3.        0        0       0       0       1       1       0       1
   4.        0        0       0       1       0       0       1       1
   5.        0        0       0       1       0       1       0       0
   6.        0        0       0       1       1       0       0       1
   7.        0        0       0       1       1       1       1       0
   8.        0        0       1       0       0       0       1       0

[[Page 801]]

 
   9.        0        0       1       0       0       1       0       1
  10.        0        0       1       0       1       0       0       0
  11.        0        0       1       0       1       1       1       1
  12.        0        0       1       1       0       0       0       1
  13.        0        0       1       1       0       1       1       0
  14.        0        0       1       1       1       0       1       1
  15.        0        0       1       1       1       1       0       0
  16.        0        1       0       0       0       0       1       1
  17.        0        1       0       0       0       1       0       0
  18.        0        1       0       0       1       0       0       1
  19.        0        1       0       0       1       1       1       0
  20.        0        1       0       1       0       0       0       0
  21.        0        1       0       1       0       1       1       1
  22.        0        1       0       1       1       0       1       0
  23.        0        1       0       1       1       1       0       1
  24.        0        1       1       0       0       0       0       1
  25.        0        1       1       0       0       1       1       0
  26.        0        1       1       0       1       0       1       1
  27.        0        1       1       0       1       1       0       0
  28.        0        1       1       1       0       0       1       0
  29.        0        1       1       1       0       1       0       1
  30.        0        1       1       1       1       0       0       0
  31.        0        1       1       1       1       1       1       1
  32.        1        0       0       0       0       0       1       0
  33.        1        0       0       0       0       1       0       1
  34.        1        0       0       0       1       0       0       0
  35.        1        0       0       0       1       1       1       1
  36.        1        0       0       1       0       0       0       1
  37.        1        0       0       1       0       1       1       0
  38.        1        0       0       1       1       0       1       1
  39.        1        0       0       1       1       1       0       0
  40.        1        0       1       0       0       0       0       0
  41.        1        0       1       0       0       1       1       1
  42.        1        0       1       0       1       0       1       0
  43.        1        0       1       0       1       1       0       1
  44.        1        0       1       1       0       0       1       1
  45.        1        0       1       1       0       1       0       0
  46.        1        0       1       1       1       0       0       1
  47.        1        0       1       1       1       1       1       0
  48.        1        1       0       0       0       0       0       1
  49.        1        1       0       0       0       1       1       0
  50.        1        1       0       0       1       0       1       1
  51.        1        1       0       0       1       1       0       0
  52.        1        1       0       1       0       0       1       0
  53.        1        1       0       1       0       1       0       1
  54.        1        1       0       1       1       0       0       0
  55.        1        1       0       1       1       1       1       1
  56.        1        1       1       0       0       0       1       1
  57.        1        1       1       0       0       1       0       0
  58.        1        1       1       0       1       0       0       1
  59.        1        1       1       0       1       1       1       0
  60.        1        1       1       1       0       0       0       0
  61.        1        1       1       1       0       1       1       1
  62.        1        1       1       1       1       0       1       0
  63.        1        1       1       1       1       1       0       1
  64.        0        0       0       0       0       0       0       0
------------------------------------------------------------------------

    Note 1: Parity bits I19 and I20 are chosen to 
satisfy the equations:

I13 + I14 + I15 + I16 + 
I17 + I18 + I19 = EVEN
I14 + I16 + I18 + I20 = EVEN

                                                                Table 8c--Auxiliary Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Maximun time
                                                                                                between      Bits                               Least
           Word (See note 6)                   Data content              Type of data        transmissions   used       Range of values      significant
                                                                                               (Seconds)                                         bit
--------------------------------------------------------------------------------------------------------------------------------------------------------
A1....................................  Preamble.................  Digital.................           1.0      12  ........................  ...........
                                        Address..................  ........................  .............      8  ........................  ...........
                                        Approach azimuth antenna   ........................  .............     10  -511 m to +511 m (See           1 m
                                         offset.                                                                    note 3).
                                        Approach azimuth to MLS    ........................  .............     13  0 m to 8 191 m..........        1 m
                                         datum point distance.
                                        Approach azimuth antenna   ........................  .............     12  -20.47[deg] to            0.01[deg]
                                         alignment with runway                                                      20.47[deg] (See note 3).
                                         centerline.
                                        Approach azimuth antenna   ........................  .............      1  (See note 2)............  ...........
                                         coordinate system.
                                        Spare....................  ........................  .............     13  ........................  ...........
                                        Parity...................  ........................  .............      7  (See note 1)............  ...........
A2....................................  Preamble.................  Digital.................           1.0      12  ........................  ...........
                                        Address..................  ........................  .............      8  ........................  ...........
                                        Approach elevation         ........................  .............     10  -511 m to +511 m (See           1 m
                                         antenna offset.                                                            note 3).
                                        MLS datum point to         ........................  .............     10  0 m to 1 023 m..........        1 m
                                         threshold distance.
                                        Approach elevation         ........................  .............      7  -6.3 m to +6.3 m (See         0.1 m
                                         antenna height.                                                            note 3).
                                        Spare....................  ........................  .............     22  ........................  ...........
                                        Parity...................  ........................  .............      7  (See note 1)............  ...........
A3....................................  Preamble.................  Digital.................  (See note 4)      12  ........................  ...........
                                        Address..................  ........................  .............      8  ........................  ...........
                                        DME offset...............  ........................  .............     10  -511 m to +511 m........        1 m
                                        DME to MLS datum point     ........................  .............     14  -8 191 m to +8 191 m            1 m
                                         distance.                                                                  (See note 3).
                                        Spare....................  ........................  .............     25  ........................  ...........
                                        Parity...................  ........................  .............      7  (See note 1)............  ...........

[[Page 802]]

 
A4....................................  Preamble.................  Digital.................  (See note 5)      12  ........................  ...........
                                        Address..................  ........................  .............      8  ........................  ...........
                                        Back azimuth antenna.....  ........................  .............     10  -511 m to +511 m (See           1 m
                                                                                                                    note 3).
                                        Back azimuth to MLS datum  ........................  .............     11  0 m to 2 047 m..........        1 m
                                         point distance.
                                        Back azimuth antenna       ........................  .............     12  -20.47[deg] to            0.01[deg]
                                         alignment with runway                                                      20.47[deg] (See note 3).
                                         centerline.
                                        Spare....................  ........................  .............     16  ........................  ...........
                                        Parity...................  ........................  .............      7  (See note 1)............  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Note 1: Parity bits I70 to I76 are chosen to 
satisfy the equations which follow:

For BIT I70:
    Even = (I13 + ... + I18) + I20 + 
I22 + I24 + I25 + I28 + 
I29 + I31 + I32 + I33 + 
I35 + I36 + I38 + I41 + 
I44 + I45 + I46 + I50 + 
(I52 + ... + I55) + I58 + 
I60 + I64 + I65 + I70

For BIT I71:
    Even = (I14 + ... + I19) + I21 + 
I23 + I25 + I26 + I29 + 
I30 + I32 + I33 + I34 + 
I36 + I37 + I39 + I42 + 
I45 + I46 + I47 + I51 + 
(I53 + ... + I56) + I59 + 
I61 + I65 + I66 + I71

For BIT I72:
    Even = (I15 + ... + I20) + I22 + 
I24 + I26 + I27 + I30 + 
I31 + I33 + I34 + I35 + 
I37 + I38 + I40 + I43 + 
I46 + I47 + I48 + I52 + 
(I54 + ... + I57) + I60 + 
I62 + I66 + I67 + I72

For BIT I73:
    Even = (I16 + ... + I21) + I23 + 
I25 + I27 + I28 + I31 + 
I32 + I34 + I35 + I36 + 
I38 + I39 + I41 + I44 + 
I47 + I48 + I49 + I53 + 
(I55 + ... + I58) + I61 + 
I63 + I67 + I68 + I73

For BIT I74:
    Even = (I17 + ... + I22) + I24 + 
I26 + I28 + I29 + I32 + 
I33 + I35 + I36 + I37 + 
I39 + I40 + I42 + I45 + 
I48 + I49 + I50 + I54 + 
(I56 + ... + I59) + I62 + 
I64 + I68 + I69 + I74

For BIT I75:
    Even = (I13 + ... + I17) + I19 + 
I21 + I23 + I24 + I27 + 
I28 + I30 + I31 + I32 + 
I34 + I35 + I37 + I40 + 
I43 + I44 + I45 + I49 + 
(I51 + ... + I54) + I57 + 
I59 + I63 + I64 + I69 + 
I75

For BIT I76:
    Even = I13 + I14 + ... + I75 + 
I76
    Note 2: Code for I56 is: 0 = conical; 1 = planar.
    Note 3: The convention for the coding of negative numbers is as 
follows: - MSB is the sign bit; 0 = + ; 1 = -.
    --Other bits represent the absolute value.
    The convention for the antenna location is as follows: As viewed 
from the MLS approach reference datum looking toward the datum point, a 
positive number shall represent a location to the right of the runway 
centerline (lateral offset) or above the runway (vertical offset), or 
towards the stop end of the runway (longitudinal distance).
    The convention for the antenna alignment is as follows: As viewed 
from above, a positive number shall represent clockwise rotation from 
the runway centerline to the respective zero-degree guidance plane.
    Note 4: Data Word A3 is transmitted at intervals of 1.0 seconds or 
less throughout the approach Azimuth coverage sector, except when back 
Azimuth guidance is provided. Where back Azimuth is provided transmit at 
intervals of 1.33 seconds or less throughout the approach Azimuth sector 
and 4.0 seconds or less throughout the back Azimuth coverage sector.
    Note 5: When back Azimuth guidance is provided, transmit at 
intervals of 1.33 seconds or less throughout the back Azimuth coverage 
sector and 4.0 seconds or less throughout the approach Azimuth coverage 
sector.
    Note 6: The designation ``A1'' represents the function 
identification code for ``Auxiliary Data A'' and address code number 1.

[[Page 803]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.014

    (1) Horizontally within a sector plus or minus 40 degrees about the 
runway centerline originating at the datum point and extending in the 
direction of the approach to 20 nautical miles from the runway 
threshold. The minimum proportional guidance sector must be plus or 
minus 10 degrees about the runway centerline. Clearance signals must be 
used to provide the balance of the required coverage, where the 
proportional sector is less than plus or minus 40 degrees. When 
intervening obstacles prevent full coverage, the 40[deg] guidance sector can be reduced as required. For 
systems providing 60[deg] lateral guidance

[[Page 804]]

the coverage requirement is reduced to 14 nm beyond 40[deg].
    (2) Vertically between:
    (i) A conical surface originating 2.5 meters (8 feet) above the 
runway centerline at threshold inclined at 0.9 degree above the 
horizontal.
    (ii) A conical surface originating at the azimuth ground equipment 
antenna inclined at 15 degrees above the horizontal to a height of 6,000 
meters (20,000 feet).
    (iii) Where intervening obstacles penetrate the lower surface, 
coverage need be provided only to the minimum line of sight.
    (3) Runway region:
    (i) Proportional guidance horizontally within a sector 45 meters 
(150 feet) each side of the runway centerline beginning at the stop end 
and extending parallel with the runway centerline in the direction of 
the approach to join the approach region. This requirement does not 
apply to offset azimuth installations.
    (ii) Vertically between a horizontal surface which is 2.5 meters (8 
feet) above the farthest point of runway centerline which is in line of 
sight of the azimuth antenna, and in a conical surface originating at 
the azimuth ground equipment antenna inclined at 20 degrees above the 
horizontal up to a height to 600 meters (2,000 feet). This requirement 
does not apply to offset azimuth installations.
    (4) Within the approach azimuth coverage sector defined in 
paragraphs (a) (1), and (2) and (3) of this section, the power densities 
must not be less than those shown in Table 9 but the equipment design 
must also allow for:
    (i) Transmitter power degradation from normal by -1.5 dB;

                       Table 9--Minimum Power Density Within Coverage Boundaries(dBW/m\2\)
----------------------------------------------------------------------------------------------------------------
                                                                 Angle signals for various antenna
                                                       Data                 beamwidths                Clearance
                      Function                        signals --------------------------------------   signals
                                                               1[deg]  1.5[deg]   2[deg]    3[deg]
----------------------------------------------------------------------------------------------------------------
Approach azimuth...................................     -89.5     -88  ........     -85.5       -82     -88
High rate approach azimuth.........................     -89.5     -88  ........       -88     -86.5     -88
Back azimuth.......................................     -89.5     -88  ........     -85.5       -82     -88
Approach elevation.................................     -89.5     -88      -88        -88  ........  ...........
----------------------------------------------------------------------------------------------------------------

    (ii) Rain loss of -2.2 dB at the longitudinal coverage extremes.
    (b) Siting requirements. The approach azimuth antenna system must, 
except as allowed in paragraph (c) of this section:
    (1) Be located on the extension of the centerline of the runway 
beyond the stop end;
    (2) Be adjusted so that the zero degree azimuth plane will be a 
vertical plane which contains the centerline of the runway served;
    (3) Have the minimum height necessary to comply with the coverage 
requirements prescribed in paragraph (a) of this section;
    (4) Be located at a distance from the stop end of the runway that is 
consistent with safe obstruction clearance practices;
    (5) Not obscure any light of an approach lighting system; and
    (6) Be installed on frangible mounts or beyond the 300 meter (1,000 
feet) light bar.
    (c) On runways where limited terrain prevents the azimuth antenna 
from being positioned on the runway centerline extended, and the cost of 
the land fill or a tall tower antenna support is prohibitive, the 
azimuth antenna may be offset.
    (d) Antenna coordinates. The scanning beams transmitted by the 
approach azimuth equipment within 40[deg] of the 
centerline may be either conical or planar.
    (e) Approach azimuth accuracy. (1) The system and subsystem errors 
shall not exceed those listed in Table 10 at the approach reference 
datum.
    At the approach reference datum, temporal sinusoidal noise 
components shall not exceed 0.025 degree peak in the frequency band 0.01 
Hz to 1.6 Hz, and the CMN shall not exceed 0.10 degree. From the 
approach reference

[[Page 805]]

datum to the coverage limit, the PFE, PFN and CMN limits, expressed in 
angular terms, shall be allowed to linearly increase as follows:
    (i) With distance along the runway centerline extended, by a factor 
of 1.2 for the PFE and PFN limits and to 0.10 
degree for the CMN limits.
    (ii) With azimuth angle, by a factor of 1.5 at the 40 degree and a factor of 2.0 at the 60 degree azimuth angles for the PFE, PFN and CMN 
limits.
    (iii) With elevation angle from +9 degrees to +15 degrees, by a 
factor of 1.5 for the PFE and PFN limits.
    (iv) Maximum angular limits. The PFE limits shall not exceed 0.25 degree in any coverage region below an elevation 
angle of +9 degrees nor exceed 0.50 degree in any 
coverage region above that elevation angle. The CMN limits shall not 
exceed 0.10 degree in any coverage region within 
10 degrees of runway centerline extended nor 
exceed 0.20 degree in any other region within 
coverage.

    Note: It is desirable that the CMN not exceed 0.10 degree throughout the coverage.

    (f) Approach azimuth antenna characteristics are as follows:
    (1) Drift. Any azimuth angle as encoded by the scanning beam at any 
point within the proportional coverage must not vary more than 0.07 degree over the range of service conditions 
specified in Sec. 171.309(d) without the use of internal environmental 
controls. Multipath effects are excluded from this requirement.
    (2) Beam pointing errors. The azimuth angle as encoded by the 
scanning beam at any point within 0.5 degree of 
the zero degree azimuth must not deviate from the true azimuth angle at 
that point by more than .05 degree. Multipath and 
drift effects are excluded from this requirement.

                      Table 10--Approach Azimuth Accuracies at the Approach Reference Datum
----------------------------------------------------------------------------------------------------------------
                                                                                 Angular error (degrees)
              Error type                            System             -----------------------------------------
                                                                          Ground subsystem    Airborne subsystem
----------------------------------------------------------------------------------------------------------------
PFE...................................  20 ft.    0.118[deg] \3\.   eq>0.017[deg]
CMN...................................  10.5 ft.  0.030[deg].       eq>0.050[deg]
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Includes errors due to ground and airborne equipment and propagation effects.
\2\ The system PFN component must not exceed 3.5 meters (11.5 feet).
\3\ The mean (bias) error component contributed by the ground equipment should not exceed 10 feet.
\4\ The system control motion noise must not exceed 0.1 degree.
\5\ The airborne subsystem angular errors are provided for information only.

    (3) Antenna alignment. The antenna must be equipped with suitable 
optical, electrical or mechanical means or any combination of the three, 
to bring the zero degree azimuth radial into coincidence with the 
approach reference datum (for centerline siting) with a maximum error of 
0.02 degree. Additionally, the azimuth antenna bias adjustment must be 
electronically steerable at least to the monitor limits in steps not 
greater than 0.005 degree.
    (4) Antenna far field patterns in the plane of scan. On boresight, 
the azimuth antenna mainlobe pattern must conform to Figure 10, and the 
beamwidth must be such that, in the installed environment, no 
significant lateral reflections of the mainlobe exist along the approach 
course. In any case the beamwidth must not exceed three degrees. 
Anywhere within coverage the -3 dB width of the antenna mainlobe, while 
scanning normally, must not be less than 25 microseconds (0.5 degree) or 
greater than 250 microseconds (5 degrees). The antenna mainlobe may be 
allowed to broaden from the value at boresight by a factor of 1/
cos[thetas], where [thetas] is the angle off boresight. The sidelobe 
levels must be as follows:
    (i) Dynamic sidelobe levels. With the antenna scanning normally, the 
dynamic sidelobe level that is detected by a receiver at any point 
within the proportional coverage sector must be down at least 10 dB from 
the peak of the main beam. Outside the coverage sector, the radiation 
from the scanning beam antenna must be of such a nature that receiver 
warning will not be removed or suitable OCI signals must be provided.
    (ii) Effective sidelobe levels. With the antenna scanning normally, 
the sidelobe levels in the plane of scan must be such that, in the 
installed environment, the CMN contributed by sidelobe reflections will 
not exceed the angular equivalent of 9 feet at approach reference datum 
over the required range of aircraft approach speeds.

[[Page 806]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.015

    (5) Antenna far field pattern in the vertical plane. The azimuth 
antenna free space radiation pattern below the horizon must have a slope 
of at least -8 dB/degree at the horizon and all sidelobes below the 
horizon must be at least 13 dB below the pattern peak. The antenna 
radiation pattern above the horizon must satisfy both the system 
coverage requirements and the spurious radiation requirement.
    (6) Data antenna. The data antenna must have horizontal and vertical 
patterns as required for its function.
    (g) Back azimuth coverage requirements. The back azimuth equipment 
where used must provide guidance information in at least the following 
volume of space (see Figure 11):

[[Page 807]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.016

    (1) Horizontally within a sector 40 degrees 
about the runway centerline originating at the back azimuth ground 
equipment antenna and extending in the direction of the missed approach 
at least to 20 nautical miles from the runway stop end. The minimum 
proportional guidance sector must be 10 degrees 
about the runway centerline. Clearance signals must be

[[Page 808]]

used to provide the balance of the required coverage where the 
proportional sector is less than 40 degrees.
    (2) Vertically in the runway region between:
    (i) A horizontal surface 2.5 meters (8 feet) above the farthest 
point of runway centerline which is in line of sight of the azimuth 
antenna, and,
    (ii) A conical surface originating at the azimuth ground equipment 
antenna inclined at 20 degrees above the horizontal up to a height of 
600 meters (2000 feet).
    (3) Vertically in the back azimuth region between:
    (i) A conical surface originating 2.5 meters (8 feet) above the 
runway stop end, included at 0.9 degree above the horizontal, and,
    (ii) A conical surface orginating at the missed approach azimuth 
ground equipment antenna, inclined at 15 degrees above the horizontal up 
to a height of 1500 meters (5000 feet).
    (iii) Where obstacles penetrate the lower coverage limits, coverage 
need be provided only to minimum line of sight.
    (4) Within the back azimuth coverage sector defined in paragraph (q) 
(1), (2), and (3) of this section the power densities must not be less 
than those shown in Table 9, but the equipment design must also allow 
for:
    (i) Transmitter power degradation from normal -1.5 dB.
    (ii) Rain loss of -2.2 dB at the longitudinal coverage extremes.
    (h) Back azimuth siting. The back azimuth equipment antenna must:
    (1) Normally be located on the extension of the runway centerline at 
the threshold end;
    (2) Be adjusted so that the vertical plane containing the zero 
degree course line contains the back azimuth reference datum;
    (3) Have minimum height necessary to comply with the course 
requirements prescribed in paragraph (g) of this section;
    (4) Be located at a distance from the threshold end that is 
consistent with safe obstruction clearance practices;
    (5) Not obscure any light of an approach lighting system; and
    (6) Be installed on frangible mounts or beyond the 300 meter (1000 
feet) light bar.
    (i) Back azimuth antenna coordinates. The scanning beams transmitted 
by the back azimuth equipment may be either conical or planar.
    (j) Back azimuth accuracy. The requirements specified in Sec. 
171.313(e) apply except that the reference point is the back azimuth 
reference datum.
    (k) Back azimuth antenna characteristics. The requirements specified 
in Sec. 171.313(f) apply.
    (l) Scanning conventions. Figure 12 shows the approach azimuth and 
back azimuth scanning conventions.

[[Page 809]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.017

[GRAPHIC] [TIFF OMITTED] TC15SE91.018


[[Page 810]]


[GRAPHIC] [TIFF OMITTED] TC15SE91.019

    (m) False guidance. False courses which can be acquired and tracked 
by an aircraft shall not exist anywhere either inside or outside of the 
MLS coverage sector. False courses which exist outside of the minimum 
coverage sector may be suppressed by the use of OCI.

    Note: False courses may be due to (but not limited to) MLS airborne 
receiver acquisition of the following types of false guidance: 
reflections of the scanning beam, scanning beam antenna sidelobes and 
grating lobes, and incorrect clearance.



Sec. 171.315  Azimuth monitor system requirements.

    (a) The approach azimuth or back azimuth monitor system must cause 
the radiation to cease and a warning must be provided at the designated 
control point if any of the following conditions persist for longer than 
the periods specified:
    (1) There is a change in the ground equipment contribution to the 
mean course error component such that the path following error at the 
reference datum or in the direction of any azimuth radial, exceeds the 
limits specified in Sec. Sec. 171.313(e)(1) or 171.313(j) for a period 
of more than one second.

    Note: The above requirement and the requirement to limit the ground 
equipment mean error to 10 ft. can be satisfied by 
the following procedure. The integral monitor alarm limit should be set 
to the angular equivalent of 10 ft. at the 
approach reference datum. This will limit the electrical component of 
the mean course error to 10 ft. The field monitor 
alarm limit should be set such that with the mean course error at the 
alarm limit the total allowed PFE is not exceeded on any commissioned 
approach course from the limit of coverage to an altitude of 100 feet.

    (2) There are errors in two consecutive transmissions of Basic Data 
Words 1, 2, 4 or 5.
    (3) There is a reduction in the radiated power to a level not less 
than that specified in Sec. Sec. 171.313(a)(4) or 171.313(g)(4) for a 
period of more than one second.
    (4) There is an error in the preamble DPSK transmissions which 
occurs more than once in any one second period.
    (5) There is an error in the time division multiplex synchronization 
of a particular azimuth function that the requirement specified in Sec. 
171.311(e) is not satisfied and if this condition persists for more than 
one second.
    (6) A failure of the monitor is detected.
    (b) Radiation of the following fuctions must cease and a warning 
provided at the designated control point if there are errors in 2 
consecutive transmissions:
    (1) Morse Code Identification,
    (2) Basic Data Words 3 and 6,
    (3) Auxiliary Data Words.

[[Page 811]]

    (c) The period during which erroneous guidance information is 
radiated must not exceed the periods specified in Sec. 171.315(a). If 
the fault is not cleared within the time allowed, the ground equipment 
must be shut down. After shutdown, no attempt must be made to restore 
service until a period of 20 seconds has elapsed.



Sec. 171.317  Approach elevation performance requirements.

    This section prescribes the performance requirements for the 
elevation equipment components of the MLS as follows:
    (a) Elevation coverage requirements. The approach elevation facility 
must provide proportional guidance information in at least the following 
volume of space (see Figure 13):
    (1) Laterally within a sector originating at the datum point which 
is at least equal to the proportional guidance sector provided by the 
approach azimuth ground equipment.
    (2) Longitudinally from 75 meters (250 feet) from the datum point to 
20 nautical miles from threshold in the direction of the approach.
    (3) Vertically within the sector bounded by:
    (i) A surface which is the locus of points 2.5 meters (8 feet) above 
the runway surface;
    (ii) A conical surface originating at the datum point and inclined 
0.9 degree above the horizontal and,
    (iii) A conical surface originating at the datum point and inclined 
at 15.0 degrees above the horizontal up to a height of 6000 meters 
(20,000 feet).

[[Page 812]]

[GRAPHIC] [TIFF OMITTED] TC15SE91.020


Where the physical characteristics of the approach region prevent 
theachievement of the standards under paragraphs (a) (1), (2), and (3) 
of this section, guidance need not be provided below a conical surface 
originating at the elevation antenna and inclined 0.9 degree above the 
line of sight.

[[Page 813]]

    (4) Within the elevation coverage sector defined in paragraphs (a) 
(1), (2) and (3) of this section, the power densities must not be less 
than those shown in Table 9, but the equipment design must also allow 
for:
    (i) Transmitter power degradation from normal by -1.5 dB.
    (ii) Rain loss of -2.2 dB at the coverage extremes.
    (b) Elevation siting requirements. The Elevation Antenna System 
must:
    (1) Be located as close to runway centerline as possible (without 
violating obstacle clearance criteria).
    (2) Be located near runway threshold such that the asymptote of the 
minimum glidepath crosses the threshold of the runway at the Approach 
Reference Datum height. Normally, the minimum glidepath should be 3 
degrees and the Approach Reference Datum height should be 50 feet. 
However, there are circumstances where other glideslopes and reference 
datum heights are appropriate. Some of these instances are discussed in 
FAA Order 8260.34 (Glide Slope Threshold Crossing Height Requirements) 
and Order 8260.3 (IFR Approval of MLS.)
    (3) Be located such that the MLS Approach Reference Datum and ILS 
Reference Datum heights are coincident within a tolerance of 3 feet when 
MLS is installed on a runway already served by an ILS. This requirement 
applies only if the ILS glide slope is sited such that the height of the 
reference datum meets the requirements of FAA Order 8260.34.
    (c) Antenna coordinates. The scanning beams transmitted by the 
elevation subsystem must be conical.
    (d) Elevation accuracy. (1) The accuracies shown in Table 13 are 
required at the approach reference datum. From the approach reference 
datum to the coverage limit, the PFE, PFN and CMN limits shall be 
allowed to linearly increase as follows:
    (i) With distance along the runway centerline extended at the 
minimum glide path angle, by a factor of 1.2 for the PFE and PFN limits 
and to 0.10 degree for the CMN limits;
    (ii) With azimuth angle, from runway centerline extended to the 
coverage extreme, by a factor of 1.2 for the PFE and PFN limits and by a 
factor of 2.0 for the CMN limits;
    (iii) With increasing elevation angles from +3 degrees to +15 
degrees, by a factor of 2.0 for the PFE and PFN limits;

     Table 13--Elevation Accuracies at the Approach Reference Datum
------------------------------------------------------------------------
                                                 Angular error (degrees)
                                               -------------------------
            Error type                System                   Airborne
                                                   Ground     subsystem
                                                 subsystem       \4\
------------------------------------------------------------------------
PFE..............................  \1,2\ 0.087
  degree.
\3\ The mean (bias) error component contributed by the ground equipment
  should not exceed 0.067 degree.
\4\ The airborne subsystem angular errors are provided for information
  only.

    (iv) With decreasing elevation angle from +3 degrees (or 60% of the 
minimum glide path angle, whichever is less) to the coverage extreme, by 
a factor of 3 for the PFE, PFN and CMN limits; and
    (v) Maximum angular limits. the CMN limits shall not exceed 0.10 degree in any coverage region within 10 degrees laterally of runway centerline extended which 
is above the elevation angle specified in (iv) above.

    Note: It is desirable that the CMN not exceed 0.10 degree throughout the coverage region above the 
elevation angle specified in paragraph (d)(1)(iv) of this section.

    (2) The system and ground subsystem accuracies shown in Table 13 are 
to be demonstrated at commissioning as maximum error limits. Subsequent 
to commissioning, the accuracies are to be considered at 95% probability 
limits.
    (e) Elevation antenna characteristics are as follows:
    (1) Drift. Any elevation angle as encoded by the scanning beam at 
any point within the coverage sector must not vary more than 0.04 degree 
over the range of service conditions specified in Sec. 171.309(d) 
without the use of internal environmental controls. Multipath effects 
are excluded from this requirement.
    (2) Beam pointing errors. The elevation angle as encoded by the 
scanning beam at any point within the coverage sector

[[Page 814]]

must not deviate from the true elevation angle at that point by more 
than 0.04 degree for elevation angles from 
2.5[deg] to 3.5[deg]. Above 3.5[deg] these errors may linearly increase 
to 0.1 degree at 7.5[deg]. Multipath and drift 
effects are excluded from this requirement.
    (3) Antenna alignment. The antenna must be equipped with suitable 
optical, electrical, or mechanical means or any combination of the 
three, to align the lowest operationally required glidepath to the true 
glidepath angle with a maximum error of 0.01 degree. Additionally, the 
elevation antenna bias adjustment must be electronically steerable at 
least to the monitor limits in steps not greater than 0.005 degrees.
    (4) Antenna far field patterns in the plane of scan. On the lowest 
operationally required glidepath, the antenna mainlobe pattern must 
conform to Figure 10, and the beamwidth must be such that in the 
installed environment, no significant ground reflections of the mainlobe 
exist. In any case, the beamwidth must not exceed 2 degrees. The antenna 
mainlobe may be allowed to broaden from the value at boresight by a 
factor of 1/cos[thetas], where [thetas] is the angle of boresight. 
Anywhere within coverage, the -3 dB width of the antenna mainlobe, while 
scanning normally, must not be less than 25 microseconds (0.5 degrees) 
or greater than 250 microseconds (5 degrees). The sidelobe levels must 
be as follows:
    (i) Dynamic sidelobe levels. With the antenna scanning normally, the 
dynamic sidelobe level that is detected by a receiver at any point 
within the proportional coverage sector must be down at least 10 dB from 
the peak of the mainlobe. Outside the proportional coverage sector, the 
radiation from the scanning beam antenna must be of such a nature that 
receiver warnings will not be removed or a suitable OCI signal must be 
provided.
    (ii) Effective sidelobe levels. With the antenna scanning normally, 
the sidelobe levels in the plane of scan must be such that, when 
reflected from the ground, the resultant PFE along any glidepath does 
not exceed 0.083 degrees.
    (5) Antenna far field pattern in the horizontal plane. The 
horizontal pattern of the antenna must gradually de-emphasize the signal 
away from antenna boresight. Typically, the horizontal pattern should be 
reduced by at least 3 dB at 20 degrees off boresight and by at least 6 
dB at 40 degrees off boresight. Depending on the actual multipath 
conditions, the horizontal radiation patterns may require more or less 
de-emphasis.
    (6) Data antenna. The data antenna must have horizontal and vertical 
patterns as required for its function.
    (f) False guidance. False courses which can be acquired and tracked 
by an aircraft shall not exist anywhere either inside or outside of the 
MLS coverage sector. False courses which exist outside of the minimum 
coverage sector may be suppressed by the use of OCI.

    Note: False courses may be due to (but not limited to) MLS airborne 
receiver acquisition of the following types of false guidance: 
reflections of the scanning beam and scanning beam antenna sidelobes and 
grating lobes.



Sec. 171.319  Approach elevation monitor system requirements.

    (a) The monitor system must act to ensure that any of the following 
conditions do not persist for longer than the periods specified when:
    (1) There is a change in the ground component contribution to the 
mean glidepath error component such that the path following error on any 
glidepath exceeds the limits specified in Sec. 171.317(d) for a period 
of more than one second.

    Note: The above requirement and the requirement to limit the ground 
equipment mean error to 0.067 degree can be 
satisfied by the following procedure. The integral monitor alarm limit 
should be set to 0.067 degree. This will limit the 
electrical component of mean glidepath error to 0.067 degree. The field monitor alarm limit should be 
set such that with the mean glidepath error at the alarm limit the total 
allowed PFE is not exceeded on any commissioned glidepath from the limit 
of coverage to an altitude of 100 feet.

    (2) There is a reduction in the radiated power to a level not less 
than that specified in Sec. 171.317(a)(4) for a period of more than one 
second.
    (3) There is an error in the preamble DPSK transmission which occurs 
more than once in any one second period.

[[Page 815]]

    (4) There is an error in the time division multiplex synchronization 
of a particular elevation function such that the requirement specified 
in Sec. 171.311(e) is not satisfied and this condition persists for 
more than one second.
    (5) A failure of the monitor is detected.
    (b) The period during which erroneous guidance information is 
radiated must not exceed the periods specified in Sec. 171.319(a). If 
the fault is not cleared within the time allowed, radiation shall cease. 
After shutdown, no attempt must be made to restore service until a 
period of 20 seconds has elapsed.



Sec. 171.321  DME and marker beacon performance requirements.

    (a) The DME equipment must meet the performance requirements 
prescribed in subpart G of the part. This subpart imposes requirements 
that performance features must comply with International Standards and 
Recommended Practices, Aeronautical Telecommunications, Vol. I of Annex 
10 to ICAO. It is available from ICAO, Aviation Building, 1080 
University Street, Montreal 101, Quebec, Canada, Attention: Distribution 
Officer and also available for inspection at the 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) MLS marker beacon equipment must meet the performance 
requirements prescribed in subpart H of this part. This subpart imposes 
requirements that performance features must comply with International 
Standards and Recommended Practices, Aeronautical Telecommuncations, 
Vol. I of Annex 10 to ICAO.

[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended at 69 FR 18803, 
Apr. 9, 2004]



Sec. 171.323  Fabrication and installation requirements.

    (a) The MLS facility must be permanent and must be located, 
constructed, and installed in accordance with best commercial 
engineering practices, using applicable electric and safety codes and 
Federal Communications Commission (FCC) licensing requirements and 
siting requirements of Sec. Sec. 171.313(b) and 171.317(b).
    (b) The MLS facility components must utilize solid state technology 
except that traveling wave tube amplifiers (TWTA) may be used. A maximum 
level of common modularity must be provided along with diagnostics to 
facilitate maintenance and troubleshooting.
    (c) An approved monitoring capability must be provided which 
indicates the status of the equipment at the site and at a remotely 
located maintenance area, with monitor capability that provides pre-
alarm of impending system failures. This monitoring feature must be 
capable of transmitting the status and pre-alarm over standard phone 
lines to a remote section. In the event the sponsor requests the FAA to 
assume ownership of the facility, the monitoring feature must also be 
capable of interfacing with FAA remote monitoring requirements. This 
requirement may be complied with by the addition of optional software 
and/or hardware in space provided in the original equipment.
    (d) The mean corrective maintenance time of the MLS equipment must 
be equal to or less than 0.5 hours with a maximum corrective maintenance 
time not to exceed 1.5 hours. This measure applies to correction of 
unscheduled failures of the monitor, transmitter and associated antenna 
assemblies, limited to unscheduled outage and out of tolerance 
conditions.
    (e) The mean-time-between-failures of the MLS angle system must not 
be less than 1,500 hours. This measure applies to unscheduled outage, 
out-of-tolerance conditions, and failures of the monitor, transmitter, 
and associated antenna assemblies.
    (f) The MLS facility must have a reliable source of suitable primary 
power, either from a power distribution system or locally generated. 
Adequate power capacity must be provided for the operation of the MLS as 
well as the test and working equipment of the MLS.
    (g) The MLS facility must have a continuously engaged or floating 
battery power source for the continued normal operation of the ground 
station

[[Page 816]]

operation if the primary power fails. A trickle charge must be supplied 
to recharge the batteries during the period of available primary power. 
Upon loss and subsequent restoration of power, the battery must be 
restored to full charge within 24 hours. When primary power is applied, 
the state of the battery charge must not affect the operation of the MLS 
ground station. The battery must allow continuation of normal operation 
of the MLS facility for at least 2 hours without the use of additional 
sources of power. When the system is operating from the battery supply 
without prime power, the radome deicers and the environmental system 
need not operate. The equipment must meet all specification requirements 
with or without batteries installed.
    (h) There must be a means for determining, from the ground, the 
performance of the system including antenna, both initially and 
periodically.
    (i) The facility must have, or be supplemented by, ground, air, or 
landline communications services. At facilities within or immediately 
adjacent to controlled airspace, that are intended for use as instrument 
approach aids for an airport, there must be ground air communications or 
reliable communications (at least a landline telephone) from the airport 
to the nearest FAA air traffic control or communication facility. 
Compliance with this paragraph need not be shown at airports where an 
adjacent FAA facility can communicate with aircraft on the ground at the 
airport and during the entire proposed instrument approach procedure. In 
addition, at low traffic density airports within or immediately adjacent 
to controlled airspace, and where extensive delays are not a factor, the 
requirements of this paragraph may be reduced to reliable communications 
from the airport to the nearest FAA air traffic control or 
communications facility. If the adjacent FAA facility can communicate 
with aircraft during the proposed instrument approach procedure down to 
the airport surface or at least down to the minimum en route altitude, 
this would require at least a landline telephone.
    (j) The location of the phase center for all antennas must be 
clearly marked on the antenna enclosures.
    (k) The latitude, longitude and mean sea level elevation of all MLS 
antennas, runway threshold and runway stop end must be determined by 
survey with an accuracy of 3 meters (10 feet) laterally and 0.3 meter 
(1.0 foot) vertically. The relative lateral and 
vertical offsets of all antenna phase centers, and both runway ends must 
be determined with an accuracy of 0.3 meter 
(1.0 foot) laterally and 0.03 meter (0.1 foot) vertically. 
The owner must bear all costs of the survey. The results of this survey 
must be included in the ``operations and maintenance'' manual required 
by section 171.325 of this subpart and will be noted on FAA Form 198 
required by Sec. 171.327.

[Doc. No. 20669, 51 FR 33177, Sept. 18, 1986, as amended by Amdt. 171-
16, 56 FR 65665, Dec. 17, 1991]



Sec. 171.325  Maintenance and operations requirements.

    (a) The owner of the facility must establish an adequate maintenance 
system and provide MLS qualified maintenance personnel to maintain the 
facility at the level attained at the time it was commissioned. Each 
person who maintains a facility must meet the FCC licensing requirements 
and demonstrate that he has the special knowledge and skills needed to 
maintain an MLS facility, including proficiency in maintenance 
procedures and the use of specialized test equipment.
    (b) In the event of out-of-tolerance conditions or malfunctions, as 
evidenced by receiving two successive pilot reports, the owner must 
close the facility by encasing radiation, and issue a ``Notice to 
Airmen'' (NOTAM) that the facility is out of service.
    (c) The owner must prepare, and obtain approval of, an operations 
and maintenance manual that sets forth mandatory procedures for 
operations, periodic maintenance, and emergency maintenance, including 
instructions on each of the following:
    (1) Physical security of the facility.
    (2) Maintenance and operations by authorized persons.
    (3) FCC licensing requirements for operations and maintenance 
personnel.

[[Page 817]]

    (4) Posting of licenses and signs.
    (5) Relations between the facility and FAA air traffic control 
facilities, with a description of the boundaries of controlled airspace 
over or near the facility, instructions for relaying air traffic control 
instructions and information, if applicable, and instructions for the 
operation of an air traffic advisory service if the facility is located 
outside of controlled airspace.
    (6) Notice to the Administrator of any suspension of service.
    (7) Detailed and specific maintenance procedures and servicing 
guides stating the frequency of servicing.
    (8) Air-ground communications, if provided, expressly written or 
incorporating appropriate sections of FAA manuals by reference.
    (9) Keeping the station logs and other technical reports, and the 
submission of reports required by Sec. 171.327.
    (10) Monitoring of the MLS facility.
    (11) Inspections by United States personnel.
    (12) Names, addresses, and telephone numbers of persons to be 
notified in an emergency.
    (13) Shutdowns for periodic maintenance and issuing of NOTAM for 
routine or emergency shutdowns.
    (14) Commissioning of the MLS facility.
    (15) An acceptable procedure for amending or revising the manual.
    (16) An explanation of the kinds of activities (such as construction 
or grading) in the vicinity of the MLS facility that may require 
shutdown or recertification of the MLS facility by FAA flight check.
    (17) Procedures for conducting a ground check of the azimuth and 
elevation alignment.
    (18) The following information concerning the MLS facility:
    (i) Facility component locations with respect to airport layout, 
instrument runways, and similar areas.
    (ii) The type, make and model of the basic radio equipment that 
provides the service including required test equipment.
    (iii) The station power emission, channel, and frequency of the 
azimuth, elevation, DME, marker beacon, and associated compass locators, 
if any.
    (iv) The hours of operation.
    (v) Station identification call letters and method of station 
identification and the time spacing of the identification.
    (vi) A description of the critical parts that may not be changed, 
adjusted, or repaired without an FAA flight check to confirm published 
operations.
    (d) The owner or his maintenance representative must make a ground 
check of the MLS facility periodically in accordance with procedures 
approved by the FAA at the time of commissioning, and must report the 
results of the checks as provided in Sec. 171.327.
    (e) The only modifications permitted are those that are submitted to 
FAA for approval by the MLS equipment manufacturer. The owner or sponsor 
of the facility must incorporate these modifications in the MLS 
equipment. Associated changes must also be made to the operations and 
maintenance manual required in paragraph (c) of this section. This and 
all other corrections and additions to this operations and maintenance 
manual must also be submitted to FAA for approval.
    (f) The owner or the owner's maintenance representative must 
participate in inspections made by the FAA.
    (g) The owner must ensure the availability of a sufficient stock of 
spare parts, including solid state components, or modules to make 
possible the prompt replacement of components or modules that fail or 
deteriorate in service.
    (h) FAA approved test instruments must be used for maintenance of 
the MLS facility.
    (i) Inspection consists of an examination of the MLS equipment to 
ensure that unsafe operating conditions do not exist.
    (j) Monitoring of the MLS radiated signal must ensure a high degree 
of integrity and minimize the requirements for ground and flight 
inspection. The monitor must be checked daily during the in-service test 
evaluation period (96 hour burn in) for calibration and stability. These 
tests and ground checks or azimuth, elevation, DME, and marker beacon 
radiation characteristics must be conducted in accordance with the 
maintenance requirements of this section.

[[Page 818]]



Sec. 171.327  Operational records.

    The owner of the MLS facility or his maintenance representative must 
submit the following operational records at the indicated time to the 
appropriate FAA regional office where the facility is located.
    (a) Facility Equipment Performance & Adjustment Data (FAA Form 198). 
The FAA Form 198 shall be filled out by the owner or his maintenance 
representative with the equipment adjustments and meter readings as of 
the time of facility commissioning. One copy must be kept in the 
permanent records of the facility and two copies must be sent to the 
appropriate FAA regional office. The owner or his maintenance 
representative must revise the FAA Form 198 data after any major repair, 
modernization, or retuning to reflect an accurate record of facility 
operation and adjustment.
    (b) Facility Maintenance Log (FAA Form 6030-1). FAA Form 6030-1 is 
permanent record of all the activities required to maintain the MLS 
facility. The entries must include all malfunctions met in maintaining 
the facility including information on the kind of work and adjustments 
made, equipment failures, causes (if determined) and corrective action 
taken. In addition, the entries must include completion of periodic 
maintenance required to maintain the facility. The owner or his 
maintenance representative must keep the original of each form at the 
facility and send a copy to the appropriate FAA regional office at the 
end of each month in which it is prepared. However, where an FAA 
approved remote monitoring system is installed which precludes the need 
for periodic maintenance visits to the facility, monthly reports from 
the remote monitoring system control point must be forwarded to the 
appropriate FAA regional office, and a hard copy retained at the control 
point.
    (c) Technical Performance Record (FAA Form 6830 (formerly FAA Form 
418)). This form contains a record of system parameters as specified in 
the manufacturer's equipment manual. This data will be recorded on each 
scheduled visit to the facility. The owner or his maintenance 
representative shall keep the original of each record at the facility 
and send a copy of the form to the appropriate FAA regional office.

[[Page 819]]



                 SUBCHAPTER K_ADMINISTRATIVE REGULATIONS



PART 183_REPRESENTATIVES OF THE ADMINISTRATOR--Table of Contents




                            Subpart A_General

Sec.
183.1 Scope.

               Subpart B_Certification of Representatives

183.11 Selection.
183.13 Certification.
183.15 Duration of certificates.
183.17 Reports.

               Subpart C_Kinds of Designations: Privileges

183.21 Aviation Medical Examiners.
183.23 Pilot examiners.
183.25 Technical personnel examiners.
183.27 Designated aircraft maintenance inspectors.
183.29 Designated engineering representatives.
183.31 Designated manufacturing inspection representatives.
183.33 Designated Airworthiness Representative.

            Subpart D_Organization Designation Authorization

183.41 Applicability and definitions.
183.43 Application.
183.45 Issuance of Organization Designation Authorizations.
183.47 Qualifications.
183.49 Authorized functions.
183.51 ODA Unit personnel.
183.53 Procedures manual.
183.55 Limitations.
183.57 Responsibilities of an ODA Holder.
183.59 Inspection.
183.61 Records and reports.
183.63 Continuing requirements: Products, parts or appliances.
183.65 Continuing requirements: Operational approvals.
183.67 Transferability and duration.

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702, 45303.

    Source: Docket No. 1151, 27 FR 4951, May 26, 1962, unless otherwise 
noted.

    Editorial Note: For miscellaneous amendments to cross references in 
this part 183, see Amdt. 183-1, 31 FR 9211, July 6, 1966.



                            Subpart A_General



Sec. 183.1  Scope.

    This part describes the requirements for designating private persons 
to act as representatives of the Administrator in examining, inspecting, 
and testing persons and aircraft for the purpose of issuing airman, 
operating, and aircraft certificates. In addition, this part states the 
privileges of those representatives and prescribes rules for the 
exercising of those privileges, as follows:
    (a) An individual may be designated as a representative of the 
Administrator under subparts B or C of this part.
    (b) An organization may be designated as a representative of the 
Administrator by obtaining an Organization Designation Authorization 
under subpart D of this part.

[Doc. No. FAA-2003-16685, 70 FR 59946, Oct. 13, 2005]



               Subpart B_Certification of Representatives



Sec. 183.11  Selection.

    (a) The Federal Air Surgeon, or his or her authorized 
representatives within the FAA, may select Aviation Medical Examiners 
from qualified physicians who apply. In addition, the Federal Air 
Surgeon may designate qualified forensic pathologists to assist in the 
medical investigation of aircraft accidents.
    (b) Any local Flight Standards Inspector may select a pilot 
examiner, technical personnel examiner, or a designated aircraft 
maintenance inspector whenever he determines there is a need for one.
    (c)(1) The Manager, Aircraft Certification Office, or the Manager's 
designee, may select Designated Engineering Representatives from 
qualified persons who apply by a letter accompanied by a ``Statement of 
Qualifications of Designated Engineering Representative.''
    (2) The Manager, Aircraft Certification Directorate, or the 
Manager's designee, may select Designated Manufacturing Inspection 
Representatives

[[Page 820]]

from qualified persons who apply by a letter accompanied by a 
``Statement of Qualifications of Designated Manufacturing Inspection 
Representative.''
    (d) The Associate Administrator for Air Traffic, may select Air 
Traffic Control Tower Operator Examiners.
    (e) The Director, Aircraft Certification Service, or the Director's 
designee, may select Designated Airworthiness Representatives from 
qualified persons who apply by a letter accompanied by a ``Statement of 
Qualifications of Designated Airworthiness Representative.''

(Approved by the Office of Management and Budget under control number 
2120-0035)

(Secs. 313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of 
1958, as amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502); 
sec. 6(c) Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7, 45 
FR 32669, May 19, 1980; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983; Amdt. 
183-9, 54 FR 39296, Sept. 25, 1989; Amdt. 183-13, 73 FR 43066, July 24, 
2008]



Sec. 183.13  Certification.

    (a) A ``Certificate of Designation'' and an appropriate 
Identification Card is issued to each Aviation Medical Examiner and to 
each forensic pathologist designated under Sec. 183.11(a).
    (b) A ``Certificate of Authority'' specifying the kinds of 
designation for which the person concerned is qualified and stating an 
expiration date is issued to each Flight Standards Designated 
Representative, along with a ``Certificate of Designation'' for display 
purposes, designating the holder as a Flight Standards Representative 
and specifying the kind of designation for which he is qualified.
    (c) A ``Certificate of Authority,'' stating the specific functions 
which the person concerned is authorized to perform and stating an 
expiration date, is issued to each Designated Airworthiness 
Representative, along with a ``Certificate of Designation'' for display 
purposes.

(Secs. 601 and 602, 72 Stat. 752, 49 U.S.C. 1421-1422; secs. 313(a), 
314, 601, 603, 605, and 1102, Federal Aviation Act of 1958, as amended 
(49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502); sec. 6(c) 
Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2, 32 
FR 46, Jan. 5, 1967; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983]



Sec. 183.15  Duration of certificates.

    (a) Unless sooner terminated under paragraph (b) of this section, a 
designation as an Aviation Medical Examiner or as a Flight Standards or 
Aircraft Certification Service Designated Representative as described in 
Sec. Sec. 183.21, 183.23, 183.25, 183.27, 183.29, 183.31, or 183.33 is 
effective until the expiration date shown on the document granting the 
authorization.
    (b) A designation made under this subpart terminates:
    (1) Upon the written request of the representative;
    (2) Upon the written request of the employer in any case in which 
the recommendation of the employer is required for the designation;
    (3) Upon the representative being separated from the employment of 
the employer who recommended him or her for certification;
    (4) Upon a finding by the Administrator that the representative has 
not properly performed his or her duties under the designation;
    (5) Upon the assistance of the representative being no longer needed 
by the Administrator; or
    (6) For any reason the Administrator considers appropriate.

[Doc. No. FAA-2007-27812, 73 FR 43066, July 24, 2008]



Sec. 183.17  Reports.

    Each representative designated under this part shall make such 
reports as are prescribed by the Administrator.



               Subpart C_Kinds of Designations: Privileges



Sec. 183.21  Aviation Medical Examiners.

    An Aviation Medical Examiner may--

[[Page 821]]

    (a) Accept applications for physical examinations necessary for 
issuing medical certificates under part 67 of this chapter;
    (b) Under the general supervision of the Federal Air Surgeon or the 
appropriate senior regional flight surgeon, conduct those physical 
examinations;
    (c) Issue or deny medical certificates in accordance with part 67 of 
this chapter, subject to reconsideration by the Federal Air Surgeon or 
his authorized representatives within the FAA;
    (d) Issue student pilot certificates as specified in Sec. 61.85 of 
this chapter; and
    (e) As requested, participate in investigating aircraft accidents.

(Secs. 601 and 602, 72 Stat. 752, 49 U.S.C. 1421-1422)

[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2, 32 
FR 46, Jan. 5, 1967; Amdt. 183-5, 38 FR 12203, May 10, 1973]



Sec. 183.23  Pilot examiners.

    Any pilot examiner, instrument rating examiner, or airline transport 
pilot examiner may--
    (a) As authorized in his designation, accept applications for flight 
tests necessary for issuing pilot certificates and ratings under this 
chapter;
    (b) Under the general supervision of the appropriate local Flight 
Standards Inspector, conduct those tests; and
    (c) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary pilot certificates and ratings to qualified 
applicants.



Sec. 183.25  Technical personnel examiners.

    (a) A designated mechanic examiner (DME) (airframe and power plant) 
may--
    (1) Accept applications for, and conduct, mechanic, oral and 
practical tests necessary for issuing mechanic certificates under part 
65 of this chapter; and
    (2) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary mechanic certificates to qualified 
applicants.
    (b) A designated parachute rigger examiner (DPRE) may--
    (1) Accept applications for, and conduct, oral and practical tests 
necessary for issuing parachute rigger certificates under part 65 of 
this chapter; and
    (2) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary parachute rigger certificates to qualified 
applicants.
    (c) An air traffic control tower operator examiner may--
    (1) Accept applications for, and conduct, written and practical 
tests necessary for issuing control tower operator certificates under 
part 65 of this chapter; and
    (2) In the discretion of the Associate Administrator for Air Traffic 
issue temporary control tower operator certificates to qualified 
applicants.
    (d) A designated flight engineer examiner (DFEE) may--
    (1) Accept applications for, and conduct, oral and practical tests 
necessary for issuing flight engineer certificates under part 63 of this 
chapter; and
    (2) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary flight engineer certificates to qualified 
applicants.
    (e) A designated flight navigator examiner (DFNE) may--
    (1) Accept applications for, and conduct, oral and practical tests 
necessary for issuing flight navigator certificates under part 63 of 
this chapter; and
    (2) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary flight navigator certificates to qualified 
applicants.
    (f) A designated aircraft dispatcher examiner (DADE) may--
    (1) Accept applications for, and conduct, written and practical 
tests necessary for issuing aircraft dispatcher certificates under part 
65 of this chapter; and
    (2) In the discretion of the appropriate local Flight Standards 
Inspector, issue temporary aircraft dispatcher certificates to qualified 
applicants.

[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-9, 54 
FR 39296, Sept. 25, 1989]



Sec. 183.27  Designated aircraft maintenance inspectors.

    A designated aircraft maintenance inspector (DAMI) may approve 
maintenance on civil aircraft used by United States military flying 
clubs in foreign countries.

[[Page 822]]



Sec. 183.29  Designated engineering representatives.

    (a) A structural engineering representative may approve structural 
engineering information and other structural considerations within 
limits prescribed by and under the general supervision of the 
Administrator, whenever the representative determines that information 
and other structural considerations comply with the applicable 
regulations of this chapter.
    (b) A power plant engineering representative may approve information 
relating to power plant installations within limitations prescribed by 
and under the general supervision of the Administrator whenever the 
representative determines that information complies with the applicable 
regulations of this chapter.
    (c) A systems and equipment engineering representative may approve 
engineering information relating to equipment and systems, other than 
those of a structural, powerplant, or radio nature, within limits 
prescribed by and under the general supervision of the Administrator, 
whenever the representative determines that information complies with 
the applicable regulations of this chapter.
    (d) A radio engineering representative may approve engineering 
information relating to the design and operating characteristics of 
radio equipment, within limits prescribed by and under the general 
supervision of the Administrator whenever the representative determines 
that information complies with the applicable regulations of this 
chapter.
    (e) An engine engineering representative may approve engineering 
information relating to engine design, operation and service, within 
limits prescribed by and under the general supervision of the 
Administrator, whenever the representative determines that information 
complies with the applicable regulations of this chapter.
    (f) A propeller engineering representative may approve engineering 
information relating to propeller design, operation, and maintenance, 
within limits prescribed by and under the general supervision of the 
Administrator whenever the representative determines that information 
complies with the applicable regulations of this chapter.
    (g) A flight analyst representative may approve flight test 
information, within limits prescribed by and under the general 
supervision of the Administrator, whenever the representative determines 
that information complies with the applicable regulations of this 
chapter.
    (h) A flight test pilot representative may make flight tests, and 
prepare and approve flight test information relating to compliance with 
the regulations of this chapter, within limits prescribed by and under 
the general supervision of the Administrator.
    (i) An acoustical engineering representative may witness and approve 
aircraft noise certification tests and approve measured noise data and 
evaluated noise data analyses, within the limits prescribed by, and 
under the general supervision of, the Administrator, whenever the 
representative determines that the noise test, test data, and associated 
analyses are in conformity with the applicable regulations of this 
chapter. Those regulations include, where appropriate, the methodologies 
and any equivalencies previously approved by the Director of Environment 
and Energy, for that noise test series. No designated acoustical 
engineering representative may determine that a type design change is 
not an acoustical change, or approve equivalencies to prescribed noise 
procedures or standards.

[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7, 45 
FR 32669, May 19, 1980; Amdt. 183-9, 54 FR 39296, Sept. 25, 1989]



Sec. 183.31  Designated manufacturing inspection representatives.

    A designated manufacturing inspection representative (DMIR) may, 
within limits prescribed by, and under the general supervision of, the 
Administrator, do the following:
    (a) Issue--
    (1) Original airworthiness certificates for aircraft and 
airworthiness approvals for engines, propellers, and product parts that 
conform to the approved design requirements and are in a condition for 
safe operation;
    (2) Export certificates of airworthiness and airworthiness approval 
tags in

[[Page 823]]

accordance with subpart L of part 21 of this chapter;
    (3) Experimental certificates for aircraft for which the 
manufacturer holds the type certificate and which have undergone changes 
to the type design requiring a flight test; and
    (4) Special flight permits to export aircraft.
    (b) Conduct any inspections that may be necessary to determine 
that--
    (1) Prototype products and related parts conform to design 
specifications; and
    (2) Production products and related parts conform to the approved 
type design and are in condition for safe operation.
    (c) Perform functions authorized by this section for the 
manufacturer, or the manufacturer's supplier, at any location authorized 
by the FAA.

[Doc. No. 16622, 45 FR 1416, Jan. 7, 1980]



Sec. 183.33  Designated Airworthiness Representative.

    A Designated Airworthiness Representative (DAR) may, within limits 
prescribed by and under the general supervision of the Administrator, do 
the following:
    (a) Perform examination, inspection, and testing services necessary 
to issue, and to determine the continuing effectiveness of, 
certificates, including issuing certificates, as authorized by the 
Director of Flight Standards Service in the area of maintenance or as 
authorized by the Director of Aircraft Certification Service in the 
areas of manufacturing and engineering.
    (b) Charge a fee for his or her services.
    (c) Perform authorized functions at any authorized location.

(Secs. 313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of 
1958, as amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502); 
sec.6(c) Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 23140, 48 FR 16179, Apr. 14, 1983, as amended by Amdt. 183-9, 
54 FR 39296, Sept. 25, 1989; Amdt. 183-11, 67 FR 72766, Dec. 6, 2002]



            Subpart D_Organization Designation Authorization

    Source: Doc. No. FAA-2003-16685, 70 FR 59947, Oct. 13, 2005, unless 
otherwise noted.



Sec. 183.41  Applicability and definitions.

    (a) This subpart contains the procedures required to obtain an 
Organization Designation Authorization, which allows an organization to 
perform specified functions on behalf of the Administrator related to 
engineering, manufacturing, operations, airworthiness, or maintenance.
    (b) Definitions. For the purposes of this subpart:
    Organization Designation Authorization (ODA) means the authorization 
to perform approved functions on behalf of the Administrator.
    ODA Holder means the organization that obtains the authorization 
from the Administrator, as identified in a Letter of Designation.
    ODA Unit means an identifiable group of two or more individuals 
within the ODA Holder's organization that performs the authorized 
functions.



Sec. 183.43  Application.

    An application for an ODA may be submitted after November 14, 2006. 
An application for an ODA must be submitted in a form and manner 
prescribed by the Administrator and must include the following:
    (a) A description of the functions for which authorization is 
requested.
    (b) A description of how the applicant satisfies the requirements of 
Sec. 183.47 of this part;
    (c) A description of the applicant's organizational structure, 
including a description of the proposed ODA Unit as it relates to the 
applicant's organizational structure; and
    (d) A proposed procedures manual as described in Sec. 183.53 of 
this part.



Sec. 183.45  Issuance of Organization Designation Authorizations.

    (a) The Administrator may issue an ODA Letter of Designation if:
    (1) The applicant meets the applicable requirements of this subpart; 
and
    (2) A need exists for a delegation of the function.

[[Page 824]]

    (b) An ODA Holder must apply to and obtain approval from the 
Administrator for any proposed changes to the functions or limitations 
described in the ODA Holder's authorization.



Sec. 183.47  Qualifications.

    To qualify for consideration as an ODA, the applicant must--
    (a) Have sufficient facilities, resources, and personnel, to perform 
the functions for which authorization is requested;
    (b) Have sufficient experience with FAA requirements, processes, and 
procedures to perform the functions for which authorization is 
requested; and
    (c) Have sufficient, relevant experience to perform the functions 
for which authorization is requested.



Sec. 183.49  Authorized functions.

    (a) Consistent with an ODA Holder's qualifications, the 
Administrator may delegate any function determined appropriate under 49 
U.S.C. 44702(d).
    (b) Under the general supervision of the Administrator, an ODA Unit 
may perform only those functions, and is subject to the limitations, 
listed in the ODA Holder's procedures manual.



Sec. 183.51  ODA Unit personnel.

    Each ODA Holder must have within its ODA Unit--
    (a) At least one qualified ODA administrator; and either
    (b) A staff consisting of the engineering, flight test, inspection, 
or maintenance personnel needed to perform the functions authorized. 
Staff members must have the experience and expertise to find compliance, 
determine conformity, determine airworthiness, issue certificates or 
issue approvals; or
    (c) A staff consisting of operations personnel who have the 
experience and expertise to find compliance with the regulations 
governing the issuance of pilot, crew member, or operating certificates, 
authorizations, or endorsements as needed to perform the functions 
authorized.



Sec. 183.53  Procedures manual.

    No ODA Letter of Designation may be issued before the Administrator 
approves an applicant's procedures manual. The approved manual must:
    (a) Be available to each member of the ODA Unit;
    (b) Include a description of those changes to the manual or 
procedures that may be made by the ODA Holder. All other changes to the 
manual or procedures must be approved by the Administrator before they 
are implemented.
    (c) Contain the following:
    (1) The authorized functions and limitations, including the 
products, certificates, and ratings;
    (2) The procedures for performing the authorized functions;
    (3) Description of the ODA Holder's and the ODA Unit's 
organizational structure and responsibilities;
    (4) A description of the facilities at which the authorized 
functions are performed;
    (5) A process and a procedure for periodic audit by the ODA Holder 
of the ODA Unit and its procedures;
    (6) The procedures outlining actions required based on audit 
results, including documentation of all corrective actions;
    (7) The procedures for communicating with the appropriate FAA 
offices regarding administration of the delegation authorization;
    (8) The procedures for acquiring and maintaining regulatory guidance 
material associated with each authorized function;
    (9) The training requirements for ODA Unit personnel;
    (10) For authorized functions, the procedures and requirements 
related to maintaining and submitting records;
    (11) A description of each ODA Unit position, and the knowledge and 
experience required for each position;
    (12) The procedures for appointing ODA Unit members and the means of 
documenting Unit membership, as required under Sec. 183.61(a)(4) of 
this part;
    (13) The procedures for performing the activities required by Sec. 
183.63 or Sec. 183.65 of this part;
    (14) The procedures for revising the manual, pursuant to the 
limitations of paragraph (b) of this section; and
    (15) Any other information required by the Administrator necessary 
to supervise the ODA Holder in the performance of its authorized 
functions.

[[Page 825]]



Sec. 183.55  Limitations.

    (a) If any change occurs that may affect an ODA Unit's 
qualifications or ability to perform a function (such as a change in the 
location of facilities, resources, personnel or the organizational 
structure), no Unit member may perform that function until the 
Administrator is notified of the change, and the change is approved and 
appropriately documented as required by the procedures manual.
    (b) No ODA Unit member may issue a certificate, authorization, or 
other approval until any findings reserved for the Administrator have 
been made.
    (c) An ODA Holder is subject to any other limitations as specified 
by the Administrator.



Sec. 183.57  Responsibilities of an ODA Holder.

    The ODA Holder must--
    (a) Comply with the procedures contained in its approved procedures 
manual;
    (b) Give ODA Unit members sufficient authority to perform the 
authorized functions;
    (c) Ensure that no conflicting non-ODA Unit duties or other 
interference affects the performance of authorized functions by ODA Unit 
members.
    (d) Cooperate with the Administrator in his performance of oversight 
of the ODA Holder and the ODA Unit.
    (e) Notify the Administrator of any change that could affect the ODA 
Holder's ability to continue to meet the requirements of this part 
within 48 hours of the change occurring.



Sec. 183.59  Inspection.

    The Administrator, at any time and for any reason, may inspect an 
ODA Holder's or applicant's facilities, products, components, parts, 
appliances, procedures, operations, and records associated with the 
authorized or requested functions.



Sec. 183.61  Records and reports.

    (a) Each ODA Holder must ensure that the following records are 
maintained for the duration of the authorization:
    (1) Any records generated and maintained while holding a previous 
delegation under subpart J or M of part 21, or SFAR 36 of this chapter.
    (2) For any approval or certificate issued by an ODA Unit member 
(except those airworthiness certificates and approvals not issued in 
support of type design approval projects):
    (i) The application and data required to be submitted under this 
chapter to obtain the certificate or approval; and
    (ii) The data and records documenting the ODA Unit member's approval 
or determination of compliance.
    (3) A list of the products, components, parts, or appliances for 
which ODA Unit members have issued a certificate or approval.
    (4) The names, responsibilities, qualifications and example 
signature of each member of the ODA Unit who performs an authorized 
function.
    (5) A copy of each manual approved or accepted by the ODA Unit, 
including all historical changes.
    (6) Training records for ODA Unit members and ODA administrators.
    (7) Any other records specified in the ODA Holder's procedures 
manual.
    (8) The procedures manual required under Sec. 183.53 of this part, 
including all changes.
    (b) Each ODA Holder must ensure that the following are maintained 
for five years:
    (1) A record of each periodic audit and any corrective actions 
resulting from them; and
    (2) A record of any reported service difficulties associated with 
approvals or certificates issued by an ODA Unit member.
    (c) For airworthiness certificates and approvals not issued in 
support of a type design approval project, each ODA Holder must ensure 
the following are maintained for two years;
    (1) The application and data required to be submitted under this 
chapter to obtain the certificate or approval; and
    (2) The data and records documenting the ODA Unit member's approval 
or determination of compliance.
    (d) For all records required by this section to be maintained, each 
ODA Holder must:
    (1) Ensure that the records and data are available to the 
Administrator for inspection at any time;

[[Page 826]]

    (2) Submit all records and data to the Administrator upon surrender 
or termination of the authorization.
    (e) Each ODA Holder must compile and submit any report required by 
the Administrator to exercise his supervision of the ODA Holder.



Sec. 183.63  Continuing requirements: Products, parts or appliances.

    For any approval or certificate for a product, part or appliance 
issued under the authority of this subpart, or under the delegation 
rules of subpart J or M of part 21, or SFAR 36 of this chapter, an ODA 
Holder must:
    (a) Monitor reported service problems related to certificates or 
approvals it holds;
    (b) Notify the Administrator of:
    (1) A condition in a product, part or appliance that could result in 
a finding of unsafe condition by the Administrator; or
    (2) A product, part or appliance not meeting the applicable 
airworthiness requirements for which the ODA Holder has obtained or 
issued a certificate or approval.
    (c) Investigate any suspected unsafe condition or finding of 
noncompliance with the airworthiness requirements for any product, part 
or appliance, as required by the Administrator, and report to the 
Administrator the results of the investigation and any action taken or 
proposed.
    (d) Submit to the Administrator the information necessary to 
implement corrective action needed for safe operation of the product, 
part or appliance.



Sec. 183.65  Continuing requirements: Operational approvals.

    For any operational authorization, airman certificate, air carrier 
certificate, air operator certificate, or air agency certificate issued 
under the authority of this subpart, an ODA Holder must:
    (a) Notify the Administrator of any error that the ODA Holder finds 
it made in issuing an authorization or certificate;
    (b) Notify the Administrator of any authorization or certificate 
that the ODA Holder finds it issued to an applicant not meeting the 
applicable requirements;
    (c) When required by the Administrator, investigate any problem 
concerning the issuance of an authorization or certificate; and
    (d) When notified by the Administrator, suspend issuance of similar 
authorizations or certificates until the ODA Holder implements all 
corrective action required by the Administrator.



Sec. 183.67  Transferability and duration.

    (a) An ODA is effective until the date shown on the Letter of 
Designation, unless sooner terminated by the Administrator.
    (b) No ODA may be transferred at any time.
    (c) The Administrator may terminate or temporarily suspend an ODA 
for any reason, including that the ODA Holder:
    (1) Has requested in writing that the authorization be suspended or 
terminated;
    (2) Has not properly performed its duties;
    (3) Is no longer needed; or
    (4) No longer meets the qualifications required to perform 
authorized functions.



PART 185_TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS IN LEGAL 

PROCEEDINGS, AND SERVICE OF LEGAL PROCESS AND PLEADINGS--Table of Contents




Sec.
185.1 Purpose.
185.3 Acceptance of service on behalf of the Secretary of Transportation 
          or the Administrator.
185.5 Testimony by employees and production of records in legal 
          proceedings.

    Authority: 49 U.S.C. 106(g), 40113-40114, 46104; 49 CFR part 9.

    Source: Docket No. 9900, 34 FR 16622, Oct. 17, 1969, unless 
otherwise noted.



Sec. 185.1  Purpose.

    (a) The purpose of this part is to name the FAA officials who, 
pursuant to part 9 of the regulations of the Office of the Secretary of 
Transportation (49 CFR part 9) as amended (34 FR 11972, July 16, 1969), 
are those:
    (1) Upon whom legal process or pleadings may be served in any legal 
proceeding concerning the FAA, and who

[[Page 827]]

have authority to acknowledge the service and take further action 
thereon; and
    (2) Who otherwise perform the functions prescribed by part 9 in 
legal proceedings concerning the FAA with respect to testimony by FAA 
employees and production of FAA records in legal proceedings.
    (b) For purposes of this part, ``legal proceedings'' includes any 
proceeding before a court of law, administrative board or commission, 
hearing officer, or other body conducting a legal or administrative 
proceeding.



Sec. 185.3  Acceptance of service on behalf of the Secretary of Transportation 

or the Administrator.

    Legal process or pleadings in any legal proceeding concerning the 
FAA may be served, at the option of the server, on the Chief Counsel, 
Deputy Chief Counsel, Assistant Chief Counsel, Litigation Division, of 
the FAA, or any other FAA official designated by the Chief Counsel, with 
the same effect as if served upon the Secretary of Transportation or the 
Administrator. The official accepting the service under this section 
acknowledges the service and takes further action as appropriate.



Sec. 185.5  Testimony by employees and production of records in legal 

proceedings.

    The Chief Counsel, and each Assistant Chief Counsel, each Regional 
Counsel, the Aeronautical Center Counsel, and the Technical Center 
Counsel, with respect to matters arising within their respective 
jurisdictions, and any other FAA official designated by the Chief 
Counsel, perform the functions in legal proceedings (other than one 
described in Sec. 185.3 of this part) as prescribed by part 9 of the 
regulations of the Office of the Secretary of Transportation, with 
respect to testimony by FAA employees and production of FAA records in 
legal proceedings.

[Doc. No. 9900, 34 FR 16622, Oct. 17, 1969, as amended by Amdt. 185-1, 
54 FR 39296, Sept. 25, 1989; Amdt. 185-3, 62 FR 46866, Sept. 4, 1997]



PART 187_FEES--Table of Contents




Sec.
187.1 Scope.
187.5 Duplicates of licenses.
187.7 Copies; seal.
187.15 Payment of fees.
187.17 Failure of applicant to pay prescribed fees.

Appendix A to Part 187--Methodology for Computation of Fees for 
          Certification Services Performed Outside the United States
Appendix B to Part 187--Fees for FAA Services for Certain Flights
Appendix C to Part 187--Fees for Production Certification-Related 
          Services Performed Outside the United States

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 49 U.S.C. 106(l)(6), 
40104-40105, 40109, 40113-40114, 44702.

    Source: Docket No. 8347, 32 FR 12051, Aug. 22, 1967, unless 
otherwise noted.



Sec. 187.1  Scope.

    This part prescribes fees only for FAA services for which fees are 
not prescribed in other parts of this chapter or in 49 CFR part 7. The 
fees for services furnished in connection with making information 
available to the public are prescribed exclusively in 49 CFR part 7. 
Appendix A to this part prescribes the methodology for computation of 
fees for certification services performed outside the United States. 
Appendix A to this part prescribes the methodology for computation of 
fees for certification services performed outside the United States. 
Appendix B to this part prescribes the fees for certain aircraft flights 
that transit U.S.-controlled airspace.

[Doc. No. 8347, 32 FR 12051, Aug 22, 1967, as amended by Amdt. 187-7, 62 
FR 13503, Mar. 20, 1997; Amdt. 187-7, 63 FR 40000, July 24, 1998; Amdt. 
187-11, 65 FR 36008, June 6, 2000; Amdt. 187-12, 66 FR 43717, Aug. 20, 
2001]



Sec. 187.5  Duplicates of licenses.

    The fee for furnishing to a person entitled thereto a replacement, 
duplicate, or facsimile of a certificate or other document evidencing a 
license, for which a fee is not specifically provided elsewhere in this 
chapter, is $2.

[[Page 828]]



Sec. 187.7  Copies; seal.

    The fees for furnishing photostatic or similar copies of documents 
and for affixation of the seal for a certification or validation are the 
same as those provided in subpart H of 49 CFR part 7.



Sec. 187.15  Payment of fees.

    (a) The fees of this part are payable to the Federal Aviation 
Administration by check, money order, wire transfers, draft, payable in 
U.S. currency and drawn on a U.S. bank, or by credit card payable in 
U.S. currency, prior to the provision of any service under this part.
    (b) Applicants for the FAA services provided under this part shall 
pay any bank processing charges on fees collected under this part, when 
such charges are assessed on U.S. Government.
    (c) Applicants for the FAA services described in Appendix A of this 
part shall pay bank processing charges, when such charges are assessed 
by banks on U.S. Government deposits.
    (d) The fees described in appendix B of this part are payable to the 
Federal Aviation Administration in U.S. currency. Remittance of fees of 
$1,000 or more are to be paid by electronic funds transfer. Remittance 
of amounts less than $1,000 may be paid by electronic funds transfer, 
check, money order, credit card, or draft.

[Doc. No. 27809, 60 FR 19631, Apr. 19, 1995, as amended by Amdt. 187-7, 
62 FR 13503, Mar. 20, 1997; Amdt. 187-7, 62 FR 23295, Apr. 29, 1997; 
Amdt. 187-10, 62 FR 55703, Oct. 27, 1997; Amdt. 187-7, 63 FR 40000, July 
24, 1998; Amdt. 187-11, 65 FR 36008, June 6, 2000; Amdt. 187-12, 66 FR 
43718, Aug. 20, 2001; Amdt. 187-4, 72 FR 18559, Apr. 12, 2007]



Sec. 187.17  Failure by applicant to pay prescribed fees.

    If an applicant fails to pay fees agreed to under appendix C of this 
part, the FAA may suspend or deny any application for service and may 
suspend or revoke any production certification-related approval granted.

[Doc. No. 28967, 62 FR 55703, Oct. 27, 1997]



  Sec. Appendix A to Part 187--Methodology for Computation of Fees for 
       Certification Services Performed Outside the United States

    (a) Fixed fees and hourly rates have been derived using the 
methodology described below to ensure full cost recovery for 
certification actions or approvals provided by the FAA for persons 
outside the United States.
    (b) These rates are based on aviation safety inspector time rather 
than calculating a separate rate for managerial or clerical time because 
the inspector is the individual performing the actual service. Charging 
for inspector time, while building in all costs into the rate base, 
provides for efficient cost recovery and time management.
    (c) The hourly billing rate has been determined by using the annual 
operations budget of the Flight Standards Service. The budget is 
comprised of the following:
    (1) Personnel compensation and benefits, budget code series 1100 
(excluding codes 1151 and 1152--overtime, Sunday and holiday pay), 1200, 
and 1300.
    (2) Travel and transportation of persons, budget code series 2100 
(excluding code 2100--site visit travel).
    (3) Transportation of things, budget code series 2200.
    (4) Rental, communications, utilities, budget code series 2300.
    (5) Printing and reproduction, budget code series 2400.
    (6) Contractual services, budget code series 2500.
    (7) Supplies and materials, budget code series 2600.
    (8) Equipment, budget code series 3100.
    (9) Lands and structures, budget code series 3200.
    (10) Insurance claims and indemnities, budget code series 4200.
    (d) In order to recover overhead costs attributable to the budget, 
all costs other than direct inspector transportation and subsistence, 
overtime, and Sunday/holiday costs, are assigned to the number of 
inspector positions. An hourly cost per inspector is developed by 
dividing the annual Flight Standards Operations Budget, excluding the 
items enumerated above, by the number of aviation safety inspections 
(OMB position series 1825) on board at the beginning of the fiscal year, 
to determine the annual cost of an aviation safety inspector. This 
annual cost of an aviation safety inspector is divided by 2,087 hours, 
which is the annual paid hours of a U.S. Federal Government employee. 
This result in the hourly government paid cost of an aviation safety 
inspector.
    (e) To ensure that the hourly inspector cost represents a billing 
rate that ensures full recovery of costs, the hourly cost per inspector 
must be multiplied by an indirect

[[Page 829]]

work factor to determine the hourly inspector billing rate. This is 
necessary for the following reasons:
    (1) Inspectors spend a significant amount of time in indirect work 
to support their inspection activities, much of which cannot be 
allocated to any one client.
    (2) Not all 2,087 annual paid hours are available as work hours 
because training, providing technical assistance, leave, and other 
indirect work activities reduce the work time that may be directly 
billed. Consequently, the hourly cost per inspector must be adjusted 
upwards by an indirect work factor. The calculation of an indirect work 
factor is discussed in paragraph (f) of this appendix.
    (f)(1) The indirect work factor is determined using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR19AP95.000

where:

a=indirect work rate, and
b=leave usage (total leave hours divided by total hours available for 
work.

    (2) The components of the formula are derived as follows:
    (i) a=indirect work rate. Indirect work rate is take from the Flight 
Standards Staffing Standard Order and is used to project the amount of 
time an aviation safety inspector spends in indirect activities, as 
opposed to certification and surveillance work. The indirect work 
activities are:
    (A) Development of master minimum equipment lists on Flight 
Operations Evaluation Board.
    (B) Development of aircraft training documents on Flight 
Standardization Board.
    (C) Development of Maintenance program documents on Maintenance 
Review Board.
    (D) Providing technical assistance.
    (E) Assisting legal counsel.
    (F) Evaluation of technical documents.
    (G) Leave (all types).
    (H) Training.
    (I) Administrative time.
    (J) Travel for indirect work.
    (ii) b=leave usage (total leave hours divided by total hours 
available for work). This is computed by using OMB guidelines of 280 
average annual leave hours and 1,800 average annual hours available for 
work for computer manpower requirements.
    (g) The hourly inspector cost, when multiplied by the indirect work 
factor, yields the hourly inspector billing rate and ensures full cost 
recovery by incorporating the total amount of FAA paid hours needed to 
produce one hour of direct billable inspector time.
    (h) Certifications and approvals for which there are fixed times, 
such as airman tests, are determined by multiplying the time used in the 
Flight Standards Staffing Standard or airman test guidelines by the 
inspector hourly billing rate.
    (i) Certifications and approvals for which there are no fixed work 
rates, such as airman and repair station facilities (air agencies), are 
billed at the hourly inspector billing rate.
    (j) Actual transportation and subsistence expenses incurred in 
certification or approval actions will be billed in addition to the 
hourly inspector billing rate, where such expenses are incurred.
    (k) In no event will the fees exceed the actual costs of providing 
certification or approval services.
    (l) The methodology for computing user fees is published in this 
Appendix. The User fee schedule is published in an FAA Advisory Circular 
entitled ``Flight Standards Service Schedule of Charges Outside the 
United States.'' A copy of this publication may be obtained from: New 
Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 
15250-7954.
    (m) Fees will be reviewed every year, at the beginning of the fiscal 
year, and adjusted either upward or downward in order to reflect the 
current costs of performing tests, authorizations, certifications, 
permits, or ratings.
    (n) Notice of each change to a fee for a service described in the 
user fee schedule will be published in the ``Notices'' section of the 
Federal Register.

[Amdt. 187-5, 60 FR 19631, Apr. 19, 1995]



 Sec. Appendix B to Part 187--Fees for FAA Services for Certain Flights

    (a) Applicability. Except as provided in paragraphs (b) and (c) of 
this appendix, this appendix applies to any person who conducts a flight 
through U.S.-controlled airspace that does not include a landing or 
takeoff in the United States. U.S.-controlled airspace is defined as all 
U.S. airspace either directly owned by the United States or allocated to 
the United States by the International Civil Aviation Organization 
(ICAO) or by other countries. This is further defined, for this

[[Page 830]]

section only, as Enroute and Oceanic airspace. Enroute airspace is 
defined, for this section only, as airspace where primarily radar-based 
air traffic services are provided. Oceanic airspace is defined, for this 
section only, as airspace where primarily procedural air traffic 
services are provided.
    (b) Governmental flights. This appendix does not apply to any 
military or civilian flight operated by the United States Government or 
by any foreign government.
    (c) Canada-to-Canada flights. This appendix will not apply to any 
operator of a flight that takes off and lands in Canada, without an 
intermediate stop outside Canada, that operates in U.S.-controlled 
airspace.
    (d) Services. Persons covered by paragraph (a) of this appendix must 
pay a fee for the FAA's rendering or providing certain services, 
including but not limited to the following:
    (1) Air traffic management.
    (2) Communications.
    (3) Navigation.
    (4) Radar surveillance, including separation services.
    (5) Flight information services.
    (6) Procedural control.
    (7) Emergency services and training.
    (e) Methodology for the computation of fees. (1) For the services 
listed in paragraph (d) of this appendix, the fee is computed based on 
the distance flown in either enroute or oceanic airspace (U.S.-
controlled airspace.) Distance flown is based on the great circle 
distance (GCD) for the point of entry and the point of exit of U.S.-
controlled airspace based on FAA flight data. Fees are assessed using 
the methodology presented in paragraph (e)(2) of this appendix. Where 
actual entry and exit points are not available, the best available FAA 
flight data will be used to calculate the entry and exit points.
    (2) A User (operator of an overflight) is assessed a fee for each 
100 nautical miles (or portion thereof) flown in each segment and type 
of U.S.-controlled airspace. Separate calculations are made for 
transiting Enroute and Oceanic airspace. The total fee charged for an 
Overflight between any entry and exit points is equal to the sum of 
these two charges. This relationship is summarized as:

Rij = $15.94*DOij + $33.72*DEij,

Where

Rij = the fee charged to aircraft flying between entry point 
i and exit point j,
DOij= total great circle distance traveled in each segment of 
U.S.-controlled oceanic airspace expressed in hundreds of nautical miles 
for aircraft flying between entry point i and exit point j for each 
segment of oceanic airspace.
DEij = total great circle distance traveled in each segment 
of U.S.-controlled enroute airspace expressed in hundreds of nautical 
miles for aircraft flying between entry point i and exit point j for 
each segment of enroute airspace.

    (f) Billing and payment procedures--(1) Billing. The FAA will send 
an invoice to each user that is covered by this appendix when fees are 
owed to the FAA. If the FAA cannot identify the user, then an invoice 
will be sent to the registered owner. No invoice will be sent unless the 
monthly (based on Greenwich Mean Time) fees for service equal or exceed 
$250. Users will be billed at the address of record in the country where 
the aircraft is registered, unless a billing address is otherwise 
provided.
    (2) Payment. Payment must be made by one of the methods described in 
Sec. 187.15(d).
    (g) Review of rule. The rule prescribed in this appendix will be 
reviewed at least once every 2 years and adjusted to reflect the current 
costs of the services covered by this appendix.

[Amdt. 187-12, 66 FR 43718, Aug. 20, 2001]



 Sec. Appendix C to Part 187--Fees for Production Certification-Related 
              Services Performed Outside the United States

    (a) Purpose. This appendix describes the methodology for the 
calculation of fees for production certification-related services 
outside the United States that are performed by the FAA.
    (b) Applicability. This appendix applies to production approval 
holders who elect to use manufacturing facilities or supplier facilities 
located outside the United States to manufacture or assemble 
aeronautical products after September 30, 1997.
    (c) Definitions. For the purpose of this appendix, the following 
definitions apply:
    Manufacturing facility means a place where production of a complete 
aircraft, aircraft engine, propeller, part, component, or appliance is 
performed.
    Production certification-related service means a service associated 
with initial production approval holder qualification; ongoing 
production approval holder and supplier surveillance; designee 
management; initial production approval holder qualification and ongoing 
surveillance for production certificate extensions outside the United 
States; conformity inspections; and witnessing of tests.
    Supplier facility means a place where production of a part, 
component, or subassembly is performed for a production approval holder.
    Production approval holder means a person who holds an FAA approval 
for production under type certificate only, an FAA approval for 
production under an approved production inspection system, a production 
certificate, a technical standard order authorization, or a parts 
manufacturer approval.

[[Page 831]]

    (d) Procedural requirements. (1) Applicants may apply for FAA 
production certification-related services provided outside the United 
States by a letter of application to the FAA detailing when and where 
the particular services are required.
    (2) The FAA will notify the applicant in writing of the estimated 
cost and schedule to provide the services.
    (3) The applicant will review the estimated costs and schedule of 
services. If the applicant agrees with the estimated costs and schedule 
of services, the applicant will propose to the FAA that the services be 
provided. If the FAA agrees and can provide the services requested, a 
written agreement will be executed between the applicant and the FAA.
    (4) The applicant must provide advance payment for each 12-month 
period of agreed FAA service unless a shorter period is agreed to 
between the Production Approval Holder and FAA.
    (e) Fee determination. (1) Fees for FAA production certification-
related services will consist of: personnel compensation and benefit 
(PC&B) for each participating FAA employee, actual travel and 
transportation expenses incurred in providing the service, other agency 
costs and an overhead percentage.
    (2) Fees will be determined on a case-by-case basis according to the 
following general formula:

W1H1+ W2H2 etc., + T + O

Where:

W1H1=hourly PC&B rate for employee 1, times 
estimated hours
W2H2=hourly PC&B rate for employee 2, etc., times 
estimated hours
T=estimated travel and transportation expenses
O=other agency costs related to each activity including overhead.

    (3) In no event will the applicant be charged more than the actual 
FAA costs of providing production certification-related services.
    (4) If the actual FAA costs vary from the estimated fees by more 
than 10 percent, written notice by the FAA will be given to the 
applicant as soon as possible.
    (5) If FAA costs exceed the estimated fees, the applicant will be 
required to pay the difference prior to receiving further services. If 
the estimated fees exceed the FAA costs, the applicant may elect to 
apply the balance to future agreements or to receive a refund.
    (f) Fees will be reviewed by the FAA periodically and adjusted 
either upward or downward in order to reflect the current costs of 
performing production certification-related services outside the United 
States.
    (1) Notice of any change to the elements of the fee formula in this 
Appendix will be published in the Federal Register.
    (2) Notice of any change to the methodology in this Appendix and 
other changes for the fees will be published in the Federal Register.

[Doc. No. 28967, 62 FR 55703, Oct. 27, 1997]



PART 189_USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS SYSTEM--Table 

of Contents




Sec.
189.1 Scope.
189.3 Kinds of messages accepted or relayed.
189.5 Limitation of liability.

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40104, 40113, 44502, 
45303.

    Source: Docket No. 27778, 60 FR 39615, Aug. 2, 1995, unless 
otherwise noted.



Sec. 189.1  Scope.

    This part describes the kinds of messages that may be transmitted or 
relayed by FAA Flight Service Stations.



Sec. 189.3  Kinds of messages accepted or relayed.

    (a) Flight Service Stations may accept for transmission over FAA 
communication systems any messages concerning international or overseas 
aircraft operations described in paragraphs (a) (1) through (6) of this 
section. In addition, Flight Service Stations may relay any message 
described in this section that was originally accepted for transmission 
at an FAA Flight Service Station outside the 48 contiguous States, or 
was received from a foreign station of the Aeronautical Fixed 
Telecommunications Network that, in normal routing, would require 
transit of the United States to reach an overseas address:
    (1) Distress messages and distress traffic.
    (2) Messages concerning the safety of human life.
    (3) Flight safety messages concerning--
    (i) Air traffic control, including--
    (A) Messages concerning aircraft in flight or about to depart;
    (B) Departure messages;
    (C) Flight plan departure messages;
    (D) Arrival messages;
    (E) Flight plan messages;

[[Page 832]]

    (F) Flight notification messages;
    (G) Messages concerning flight cancellation; and
    (H) Messages concerning delayed departure;
    (ii) Position reports from aircraft;
    (iii) Messages originated by an aircraft operating agency of 
immediate concern to an aircraft in flight or about to depart; and
    (iv) Meteorological advice of immediate concern to an aircraft in 
flight or about to depart.
    (4) Meteorological messages concerning--
    (i) Meteorological forecasts;
    (ii) Meteorological observations exclusively; or
    (iii) Other meteorological information exchanged between 
meteorological offices.
    (5) Aeronautical administrative messages--
    (i) Concerning the operation or maintenance of facilities essential 
to the safety or regulatory of aircraft operation;
    (ii) Essential to efficient functioning of aeronautical 
telecommunications; or
    (iii) Between civil aviation authorities concerning aircraft 
operation.
    (6) Notices to airmen.
    (b) The following messages may only be relayed through the FAA 
communications systems:
    (1) Flight regularity messages--
    (i) Addressed to the point of intended landing and to not more than 
two other addressees in the general area of the route segment of the 
flight to which the message refers, containing information required for 
weight and balance computation and remarks essential to the rapid 
unloading of the aircraft;
    (ii) Concerning changes, taking effect within 72 hours, in aircraft 
operating schedules;
    (iii) Concerning the servicing of aircraft en route or scheduled to 
depart within 48 hours;
    (iv) Concerning changes in the collective requirements for 
passengers, crew, or cargo of aircraft en route or about to depart, if 
the changes are caused by unavoidable deviations from normal operating 
schedules and are necessary for flight regularity;
    (v) Concerning non-routine landings to be made by aircraft en route 
or about to depart;
    (vi) Concerning parts or materials urgently needed to operate 
aircraft en route or scheduled to depart within 48 hours; or
    (vii) Concerning pre-flight arrangement of air navigation services 
and, in the case of non-scheduled or irregular operations, operational 
servicing of aircraft scheduled to depart within 48 hours.
    (2) Messages originated by and addressed to aircraft operating 
agencies or their representatives that directly bear on the efficient 
and economic conduct or day to day operations, if adequate non-United 
States communications facilities are not available and the messages 
concern--
    (i) Matter described in paragraph (b)(1) of this section, but not 
meeting the time limitations described in paragraph (b)(1) of this 
section;
    (ii) Aircraft parts, equipment, or supplies, air navigation or 
communications, or essential ground facilities;
    (iii) Train or hotel reservations for passengers or employees;
    (iv) Lost baggage or personal effects;
    (v) Tickets or cargo shipments and payment therefore;
    (vi) Location of passengers and cargo;
    (vii) New or revised passenger or cargo rates;
    (viii) Crew assignments and similar operations personnel matters 
taking effect within 7 days;
    (ix) Post flight reports for record purposes;
    (x) Publicity and special handling regarding dignitaries; or
    (xi) Reservations, when originated by aircraft operating agencies to 
secure space required in transport aircraft.



Sec. 189.5  Limitation of liability.

    The United States is not liable for any omission, error, or delay in 
transmitting or relaying, or for any failure to transmit or relay, any 
message accepted for transmission or relayed under this part, even if 
the omission, error, delay, or failure to transmit or relay is caused by 
the negligence of an employee of the United States.

[[Page 833]]



PART 193_PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION--Table of Contents




Sec.
193.1 What does this part cover?
193.3 Definitions.
193.5 How may I submit safety or security information and have it 
          protected from disclosure?
193.7 What does it mean for the FAA to designate information as 
          protected?
193.9 Will the FAA ever disclose information that is designated as 
          protected under this part?
193.11 What is the notice procedure?
193.13 What is the no-notice procedure?
193.15 What FAA officials exercise the authority of the Administrator 
          under this part?
193.17 How must design and production approval holders handle 
          information they receive from the FAA under this part?

    Authority: 49 U.S.C. 106(g), 40113, 40123.

    Source: 66 FR 33805, June 25, 2001, unless otherwise note.



Sec. 193.1  What does this part cover?

    This part describes when and how the FAA protects from disclosure 
safety and security information that you submit voluntarily to the FAA. 
This part carries out 49 U.S.C. 40123, protection of voluntarily 
submitted information.



Sec. 193.3  Definitions.

    Agency means each authority of the Government of the United States, 
whether or not the agency is within or subject to review by another 
agency, but does not include--
    (1) The Congress;
    (2) The courts of the United States;
    (3) The governments of the territories or possessions of the United 
States;
    (4) The government of the District of Columbia;
    (5) Court martial and military commissions.
    De-identified means that the identity of the source of the 
information, and the names of persons have been removed from the 
information.
    Disclose means to release information to a person other than another 
agency. Examples are disclosures under the Freedom of Information Act (5 
U.S.C. 552), in rulemaking proceedings, in a press release, or to a 
party to a legal action.
    Information includes data, reports, source, and other information. 
``Information'' may be used to describe the whole or a portion of a 
submission of information.
    Summarized means that individual incidents are not specifically 
described, but are presented in statistical or other general form.
    Voluntary means that the information was not required to be 
submitted as part of a mandatory program, and was not submitted as a 
condition of doing business with the government. ``Voluntarily-provided 
information'' does not include information submitted as part of 
complying with statutory, regulatory, or contractual requirements, 
except that information submitted as part of complying with a voluntary 
program under this part is considered to be voluntarily provided.



Sec. 193.5  How may I submit safety or security information and have it 

protected from disclosure?

    (a) You may do so under a program under this part. The program may 
be developed based on your proposal, a proposal from another person, or 
a proposal developed by the FAA.
    (b) You may be any person, including an individual, a company, or an 
organization.
    (c) You may propose to develop a program under this part using 
either the notice procedure in Sec. 193.11 or the no-notice procedure 
in Sec. 193.13.
    (d) If the FAA decides to protect the information that you propose 
to submit it issues an order designating the information as protected 
under this part.
    (e) The FAA only issues an order designating information as 
protected if the FAA makes the findings in Sec. 193.7.
    (f) The designation may be for a program in which all similar 
persons may participate, or for a program in which only you submit 
information.
    (g) Even if you receive protection from disclosure under this part, 
this part does not establish the extent to which the FAA may or may not 
use the

[[Page 834]]

information to take enforcement action. Limits on enforcement action 
applicable to a program under this part will be in another policy or 
rule.



Sec. 193.7  What does it mean for the FAA to designate information as 

protected?

    (a) General. When the FAA issues an order designating information as 
protected under this part, the FAA does not disclose the information 
except as provided in this part.
    (b) What findings does the FAA make before designating information 
as protected? The FAA designates information as protected under this 
part when the FAA finds that--
    (1) The information is provided voluntarily;
    (2) The information is safety or security related;
    (3) The disclosure of the information would inhibit the voluntary 
provision of that type of information;
    (4) The receipt of that type of information aids in fulfilling the 
FAA's safety and security responsibilities; and
    (5) Withholding such information from disclosure, under the 
circumstances provided in this part, will be consistent with the FAA's 
safety and security responsibilities.
    (c) How will the FAA handle requests for information under the 
Freedom of Information Act (FOIA)? The FAA does not disclose information 
that is designated as protected under this part in response to a FOIA 
request.
    (d) What if the FAA obtains from another source the same information 
I submit? Only information received under a program under this part is 
protected from disclosure under this part. Information obtained by the 
FAA through another means is not protected under this part.
    (e) Sharing information with other agencies. The FAA may provide 
information that you have submitted under this part to other agencies 
with safety or security responsibilities. The agencies are subject to 
the requirements of 49 U.S.C. 40123 regarding nondisclosure of 
information. The FAA will give the information to another agency only 
if, for each such request, the other agency provides the FAA with 
adequate assurance, in writing, that--
    (1) The agency has a safety or security need for the information, 
including the general nature of the need.
    (2) The agency will protect the information from disclosure as 
required in 49 U.S.C. 40123, this part, and the designation. This 
includes a commitment that the agency will mark the information as 
provided in the designation.
    (3) The agency will limit access to those with a need to know to 
carry out safety or security responsibilities.
    (f) What if the FAA receives a subpoena for the information I 
submit? When the FAA receives a subpoena for information you have 
submitted under this part, the FAA contacts you to determine whether you 
object to disclosure of the information or you wish to participate in 
responding to the subpoena. If both you and the FAA determine that 
release of the information is appropriate, the information is released. 
Otherwise, the FAA will not release information designated as protected 
under this part unless ordered to do so by a court of competent 
jurisdiction.



Sec. 193.9  Will the FAA ever disclose information that is designated as 

protected under this part?

    The FAA discloses information that is designated as protected under 
this part when withholding it would not be consistent with the FAA's 
safety and security responsibilities, as follows:
    (a) Disclosure in all programs. (1) The FAA may disclose de-
identified, summarized information submitted under this part to explain 
the need for changes in policies and regulations. An example is the FAA 
publishing a notice of proposed rulemaking based on your information, 
and including a de-identified, summarized version of your information 
(and the information from other persons, if applicable) to explain the 
need for the notice of proposed rulemaking.
    (2) The FAA may disclose information provided under this part to 
correct a condition that compromises safety or security, if that 
condition continues uncorrected.
    (3) The FAA may disclose information provided under this part to 
carry

[[Page 835]]

out a criminal investigation or prosecution.
    (4) The FAA may disclose information provided under this part to 
comply with 49 U.S.C. 44905, regarding information about threats to 
civil aviation.
    (b) Additional disclosures. For each program, the FAA may find that 
there are additional circumstances under which withholding information 
provided under this part would not be consistent with the FAA's safety 
and security responsibilities. Those circumstances are described in the 
designation for that program.



Sec. 193.11  What is the notice procedure?

    This section states the notice procedure for the FAA to designate 
information as protected under this part. This procedure is used when 
there is not an immediate safety or security need for the information. 
This procedure generally is used to specify a type of information that 
you and others like you will provide on an on-going basis.
    (a) Application. You may apply to have information designated as 
protected under this part by submitting an application addressed to the 
U.S. Department of Transportation, Docket Operations, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590 for paper submissions, and the Federal Docket Management System 
(FDMS) Web page at http://www.regulations.gov for electronic 
submissions. Your application must include the designation described in 
paragraph (c) of this section that you want the FAA to issue. You should 
not include in your application any information that you do not want 
available to the public. The FAA may issue a proposed designation based 
on the application or may deny your application.
    (b) Proposed designation. Before issuing a designation under this 
section, based either on your application or the FAA's own initiative, 
the FAA publishes a proposed designation in the Federal Register and 
requests comment.
    (c) Designation. The FAA designates information as protected under 
this part if, after review of the comments, the FAA makes the findings 
in Sec. 193.7. The FAA publishes in the Federal Register an order 
designating the information provided under the program as protected 
under this part. The designation includes the following:
    (1) A summary of why the FAA finds that you and others, if 
applicable, will provide the information voluntarily.
    (2) A description of the type of information that you and others, if 
applicable, may voluntarily provide under the program and a summary of 
why the FAA finds that the information is safety or security related.
    (3) A summary of why the FAA finds that the disclosure of the 
information would inhibit you and others, if applicable, from 
voluntarily providing of that type of information.
    (4) A summary of why the receipt of that type of information aids in 
fulfilling the FAA's safety and security responsibilities.
    (5) A summary of why withholding such information from disclosure 
would be consistent with the FAA's safety and security responsibilities, 
including a statement as to the circumstances under which, and a summary 
of why, withholding such information from disclosure would not be 
consistent with the FAA's safety and security responsibilities, as 
described in Sec. 193.9.
    (6) A summary of how the FAA will distinguish information protected 
under this part from information the FAA receives from other sources.
    (7) A summary of the significant comments received and the FAA's 
responses.
    (d) Amendment of designation. The FAA may amend a designation using 
the procedures in paragraphs (a), (b), and (c) of this section.
    (e) Withdrawal of designation. The FAA may withdraw a designation 
under this section at any time the FAA finds that continuation of the 
designation does not meet the elements of Sec. 193.7, or if the 
requirements of the designation are not met. The FAA withdraws the 
designation by publishing a notice in the Federal Register. The 
withdrawal is effective on the date of publication or such later date as 
the notice may state. Information provided during the time the program 
was designated remains protected

[[Page 836]]

under this part and the program. Information provided after the 
withdrawal of the designation is effective is not protected under this 
part or the program.

[66 FR 33805, June 25, 2001, as amended at 72 FR 68475, Dec. 5, 2007]



Sec. 193.13  What is the no-notice procedure?

    This section states the no-notice procedure for the FAA to designate 
information as protected under this part. This procedure is used when 
there is an immediate safety or security need for the information. This 
procedure generally is used for specific information that you will 
provide on a short-term basis.
    (a) Application. You may request that the FAA designate information 
you are offering as protected under this part. You must state your name, 
at least the general nature of information, and whether you will provide 
the information without the protection of this part. Your request may be 
verbal or writing.
    (b) Designation. The FAA issues a written order designating 
information provided under this section as protected under this part. 
The FAA designates the information as protected under this part if the 
FAA--
    (1) Makes the findings as Sec. 193.7; and
    (2) Finds that there is an immediate safety or security need to 
obtain the information without carrying out the procedures in Sec. 
193.11 of this part.
    (c) Time limit. Except as provided in paragraphs (c)(1) and (c)(2) 
of this section, no designation under this section continues in effect 
for more than 60 days after the date of designation. Information 
provided during the time the designation was in effect remains protected 
under this part. Information provided that the designation ceases to be 
in effect is not protected under this part. The designation remains in 
effect for more than 60 days if--
    (1) The procedures to designate such information under Sec. 
193.11(a) have been initiated, or
    (2) There is an ongoing enforcement or criminal investigation, in 
which case the designation may continue until the investigation is 
completed.
    (d) Amendment of designation. The FAA may amend a designation under 
this section using the procedures in paragraphs (a) and (b) of this 
section.
    (e) Withdrawal of designation. The FAA may withdraw a designation 
under this section at any time the FAA finds that continuation does not 
meet the elements of Sec. 193.7, or if the requirements of the 
designation are not met. The FAA withdraws the designation by notifying 
the person in writing that the designation is withdrawn. The withdrawal 
is effective on the date of receipt of the notice or such later date as 
the notice may state. Information provided during the time the 
designation was in effect remains protected under this part. Information 
provided after the withdrawal is effective is not protected under this 
part.



Sec. 193.15  What FAA officials exercise the authority of the Administrator 

under this part?

    (a) The authority to issue proposed and final designations, to issue 
proposed and final amendments of designations, and to withdraw 
designations under this part, and to disclose information that has been 
designated as protected under this part, is delegated by the 
Administrator to Associate Administrators and Assistant Administrators 
and to the Chief Counsel, their Deputies, and any individual formally 
designated as Acting Associate or Assistant Administrator, Acting Chief 
Counsel, or Acting Deputy of such offices.
    (b) The officials identified in paragraph (a) of this section may 
further delegate the authority to issue proposed designations and 
proposed amendments to designations.



Sec. 193.17  How must design and production approval holders handle 

information they receive from the FAA under this part?

    (a) If the FAA discloses information under Sec. 193.9(a)(2) to the 
holders of design approvals of production approvals issued by the FAA, 
the approval holder must disclose that information only to persons who 
need to know the information to address the safety or security 
condition.
    (b) Unless an emergency exists, before disclosing information to 
approval

[[Page 837]]

holders the FAA will contact the submitter of the information.



                       SUBCHAPTERS L-M [RESERVED]

[[Page 838]]



                     SUBCHAPTER N_WAR RISK INSURANCE



PART 198_AVIATION INSURANCE--Table of Contents




Sec.
198.1 Eligibility of aircraft operation for insurance.
198.3 Basis of insurance.
198.5 Types of insurance coverage available.
198.7 Amount of insurance coverage available.
198.9 Application for insurance.
198.11 Change in status of aircraft.
198.13 Premium insurance--payment of premiums.
198.15 Non-premium insurance--payment of registration binders.
198.17 Ground support and other coverage.

    Authority: 49 U.S.C. 106(g), 40113, 44301-44310; 49 CFR 1.47(b).

    Source: Docket No. 28893, 63 FR 13739, Mar. 20, 1998, unless 
otherwise noted.



Sec. 198.1  Eligibility of aircraft operation for insurance.

    An aircraft operation is eligible for insurance if--
    (a) The President of the United States has determined that the 
continuation of that aircraft operation is necessary to carry out the 
foreign policy of the United States;
    (b) The aircraft operation is--
    (1) In foreign air commerce or between two or more places all of 
which are outside the United States if insurance with premium is sought; 
or
    (2) In domestic or foreign air commerce, or between two or more 
places all of which are outside the United States if insurance without 
premium is sought; and
    (c) The Administrator finds that commercial insurance against loss 
or damage arising out of any risk from the aircraft operation cannot be 
obtained on reasonable terms from an insurance carrier.



Sec. 198.3  Basis of insurance.

    (a) Premium insurance may be issued by the FAA is the requirements 
of Sec. 198.1 (a), (b)(1) and (c) are met.
    (b) Subject to Sec. 198.9(c), standby insurance without premium may 
be issued by the FAA if all of the following conditions have been met:
    (1) A department, agency, or instrumentality of the U.S. Government 
seeks performance of air services operations, pursuant to a contract of 
the department, agency, or instrumentality; or transportation of 
military forces or materiel on behalf of the United States, pursuant to 
an agreement between the United States and a foreign government.
    (2) Such department, agency, or instrumentality of the U.S. 
Government has agreed in writing to indemnify the Secretary of 
Transportation against all losses covered by such insurance. Such an 
agreement, when countersigned by the President, constitutes a 
determination that the continuation of that aircraft operation is 
necessary to carry out the foreign policy of the United States.
    (3) A current copy of the aircraft operator's applicable commercial 
insurance policy or policies is on file with the FAA, including every 
endorsement making a material change to the policy. Updated copies of 
these policies must be provided upon each renewal of the commercial 
policy. Every subsequent material change by endorsement must be promptly 
provided to the FAA.
    (c) Insurance is activated, placing the insurance in full force, as 
specified by the FAA's written notification to the operator and remains 
in force until such time as either of the following occurs:
    (1) The requirements in Sec. 198.1 are no longer met; or
    (2) In the case of non-premium insurance, an aircraft operation is 
no longer performed under contract to a department, agency, or 
instrumentality of the U.S. Government; or pursuant to an agreement 
between the United States and a foreign government; or the Administrator 
finds that commercial insurance can now be obtained on reasonable terms.
    (d) Insurance policies revert to standby status upon written 
notification by the FAA to the aircraft operator. A policy will remain 
in standby status until either--
    (1) The insurance is activated by written notice; or
    (2) The policy is canceled.

[[Page 839]]



Sec. 198.5  Types of insurance coverage available.

    Application may be made for insurance against loss or damage to the 
following persons, property, or interests:
    (a) Aircraft, or insurable items of an aircraft, engaged in eligible 
operations under Sec. 198.1.
    (b) Any individual employed or transported on the aircraft referred 
to in paragraph (a) of this section.
    (c) The baggage of persons referred to in paragraph (b) of this 
section.
    (d) Property transported, or to be transported, on the aircraft 
referred to in paragraph (a) of this section.
    (e) Statutory or contractual obligations, or any other liability, of 
the aircraft referred to in paragraph (a) of this section or of its 
owner or operator, of the nature customarily covered by insurance.



Sec. 198.7  Amount of insurance coverage available.

    (a) For each aircraft or insurable item, the amount insured may not 
exceed the amount for which the applicant has otherwise insured or self-
insured the aircraft or insurable item against damage or liability 
arising from any risk. In the case of hull insurance, the amount insured 
may not exceed the reasonable value of the aircraft as determined by the 
FAA or its designated agent.
    (b) Policies issued without premium may be revised from time to time 
by the FAA with notice to the insured, to add aircraft or insurable 
items or to amend amounts of coverage if the insured has changed the 
amount by which it has otherwise insured or self-insured the aircraft or 
itself.



Sec. 198.9  Applicant for insurance.

    (a) Application for premium or non-premium insurance must be made in 
accordance with the applicable form supplied by the FAA.
    (b) Each applicant for insurance with the premium under this part 
must submit to the FAA with its application a letter describing in 
detail the operations in which the aircraft is or will be engaged and 
stating the type of insurance coverage being sought and the reason it is 
being sought. The applicant must also submit any other information 
deemed pertinent by the FAA.
    (c) Each applicant for premium or non-premium insurance must, upon 
request by the FAA, submit to the FAA evidence that commercial insurance 
is not available on reasonable terms for each flight or ground operation 
for which insurance is sought. Each aircraft operator who has a standby 
non-premium insurance policy must, upon request by the FAA, submit 
evidence to the FAA that commercial insurance is not available on 
reasonable terms before the FAA activates that policy. The adequacy of 
the evidence submitted is determined solely by the FAA.
    (d) The standby non-premium policy issued to the aircraft operator 
does not provide actual coverage until formally activated by the FAA.



Sec. 198.11  Change in status of aircraft.

    In the event of sale, lease, confiscation, requisition, total loss, 
or other change in the status of an aircraft or insurable items covered 
by insurance under this part, the insured party must notify the office 
administering the Aviation Insurance Program before, or as soon as 
practicable after, the change in status.



Sec. 198.13  Premium insurance--payment of premiums.

    The insured must pay the premium for insurance issued under this 
part within the stated period after receipt of notice that premium 
payment is due and in accordance with the provisions of the applicable 
FAA insurance policy. Premiums must be sent to the FAA, and made payable 
to the FAA.



Sec. 198.15  Non-premium insurance--payment of registration binders.

    (a) The binder for initial registration is $575 for each aircraft or 
insurable item. This binder is adjusted not more frequently than 
annually based on changes in the Consumer Price Index of All Urban 
Consumers published by the Secretary of Labor.
    (b) An application for non-premium insurance must be accompanied by 
the proper binder, payable to the FAA. A binder is not returnable unless 
the application is rejected.

[[Page 840]]

    (c) Requests made after issuance of a non-premium policy for the 
addition of an aircraft or insurable item must be accompanied by the 
binder for each aircraft and insurable item.
    (d) When an operator acquires an aircraft or insurable item that was 
previously covered under an active or standby policy, the new operator 
must register that aircraft or item on its policy and pay the binder for 
each aircraft and insurable item.



Sec. 198.17  Ground support and other coverage.

    An aircraft operator may apply for insurance to cover any risks 
arising from the provision of goods or services directly supporting the 
operation of an aircraft that meets the requirements of Sec. 198.3(b).

                           PART 199 [RESERVED]


[[Page 841]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 843]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2009)

                      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  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

[[Page 844]]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability 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 (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)

[[Page 845]]

       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 846]]

       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)
      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 Policy and New Uses, 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)

[[Page 847]]

      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)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    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)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

[[Page 848]]

                      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)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       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 (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (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)
       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)

[[Page 849]]

        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)

          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)

[[Page 850]]

        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 Service, 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)
        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 (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)

[[Page 851]]

       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 
                HousingCommissioner, 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]
       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)

[[Page 852]]

         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 (Parts 1200--1299)

                      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)

                   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)

[[Page 853]]

      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)
        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)

[[Page 854]]

            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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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)
        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)

[[Page 855]]

            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        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)
        VI  [Reserved]
       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 (Parts 1500--
                1599)
       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)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)

[[Page 856]]

        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 Regulatory 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)
            Chapters 62--100 [Reserved]
            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)
            Chapters 103--104 [Reserved]
       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 857]]

            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [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 858]]

        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) 
                [Reserved]
         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 859]]

       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  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)
        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 [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)

[[Page 860]]

        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  Pipeline and Hazardous Materials Safety 
                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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       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)
         V  Marine Mammal Commission (Parts 500--599)

[[Page 861]]

        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 863]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2009)

                                                  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              22, II
  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                               2, IX; 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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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 864]]

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                       5, LXVIII; 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
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 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 865]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
Election Assistance Commission                    11, II
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                   2, XV; 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

[[Page 866]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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 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 Agency                    12, XII
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 Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61

[[Page 867]]

  Federal Acquisition Regulation                  48, 5
  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 Accountability Office                  4, I
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          2, III; 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
  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
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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

[[Page 868]]

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
  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            2, XIV; 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 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
Investment Security, Office of                    31, VIII
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                                2, XXVII; 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

[[Page 869]]

  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
  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
  Copyright Royalty Board                         37, III
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, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
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
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
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 Intelligence, Office of Director of      32, XVII
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                       2, XXV; 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
[[Page 870]]

National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
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
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
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Privacy and Civil Liberties Oversight Board       6, X
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
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII

[[Page 871]]

Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 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
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 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
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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 Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
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                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
   Office of the Assistant Secretary for
[[Page 872]]

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 873]]



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
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

[[Page 874]]

    SFAR No. 89 added..............................................44273
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
142 SFAR No. 93 added..............................................52279
142.1 (a) and (b)(1) amended.......................................21066
145 Comment request................................................59692
145.1--145.5 (Subpart A) Revised; eff. 4-6-03......................41117
145.2 Heading and (a) amended......................................21067
145.51--145.61 (Subpart B) Revised; eff. 4-6-03....................41117
145.63 (c) amended.................................................21067
    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
145.79 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
145.101--145.109 (Subpart C) Revised; eff. 4-6-03..................41117
145.151--145.163 (Subpart D) Revised; eff. in part 4-6-03..........41117
145.163 Revised; eff. 4-6-05.......................................41117
145.201--145.223 (Subpart E) Added; eff. 4-6-03....................41117
145 Appendix A removed; eff. 4-6-03................................41117
161.5 Amended......................................................21067
170.3 Amended......................................................21067
187.1 Amended......................................................43717
187.15 (d) revised.................................................43718
187 Appendix B revised.............................................43718
193 Added..........................................................33805

                                  2002

14 CFR
                                                                   67 FR
                                                                    Page
Chapter I
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

[[Page 875]]

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
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
145.63 Regulation at 67 FR 58912 eff. date delayed to 1-16-04......78970
145.79 Regulation at 67 FR 58912 eff. date delayed to 1-16-04......78970
183.33 (a) revised; eff. 12-8-03; interim..........................72766
187 Policy statement...............................................42462
191 Removed.........................................................8350

                                  2003

14 CFR
                                                                   68 FR
                                                                    Page
Chapter I
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

[[Page 876]]

    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
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

[[Page 877]]

    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
135 Appendix F amended.............................................42939
    Appendix F corrected...........................................50069
142.1 (a), (b)(1), (4) and (5) revised; (b)(6) added; (c) removed 
                                                                   54588
145 SFAR No. 36 amended; eff. 1-23-04..............................65378
    Regulation at 66 FR 41117 eff. date delayed to 10-6-03.........12542
    Regulation at 68 FR 12542 eff. Date corrected to 10-3-03.......17546
    Regulation at 66 FR 41117 eff. date delayed to 1-31-04.........55819
145.1--145.5 (Subpart A) Regulation at 66 FR 41117 eff. date 
        delayed to 10-6-03.........................................12542
145.51--145.61 (Subpart B) Regulation at 66 FR 41117 eff. date 
        delayed to 10-6-03.........................................12542
145.63 Regulation at 65 FR 56206 eff. date delayed to 1-30-06......75116
145.79 Regulation at 65 FR 56206 eff. date delayed to 1-30-06......75116
145.101--145.109 (Subpart C) Regulation at 66 FR 41117 eff. date 
        delayed to 10-6-03.........................................12542
145.151--145.163 (Subpart D) Regulation at 66 FR 41117 eff. date 
        delayed in part to 10-6-03.................................12542
145.163 Regulation at 66 FR 41117 eff. date delayed to 10-6-05.....12542
    Regulation at 68 FR 12542 eff. date corrected to 4-6-05........17546
    Regulation at 66 FR 41121 eff. 4-6-05..........................55819
145.201--145.223 (Subpart E) Regulation at 66 FR 41117 eff. date 
        delayed to 10-6-03.........................................12542
145.221 (a), (c) and (d) revised; eff. 1-31-04.....................75382
150 Corrected; CFR correction.......................................6608
183 Comment period extended...........................5782, 10368, 10369
193 Policy statement...............................................38594

                                  2004

14 CFR
                                                                   69 FR
                                                                    Page
Title 14 Nomenclature change.......................................18803
Chapter I
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
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

[[Page 878]]

    (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
142 Technical correction............................................6531
145 Regulation at 68 FR 65378 confirmed.............................5388
150.3 Revised......................................................57625
150.5 (a) and (c) revised..........................................57625
150.7 Amended......................................................57625
150.13 (e)(1), (3) introductory text, (ii), (iii), (v), (vi), 
        (vii) and (ix) revised; (e)(3)(xi) added...................57625
150.21 (a)(1), (d), (f)(1) introductory text and (2) introductory 
        text revised...............................................57626
150.23 (d) revised.................................................57626
150.35 (f) revised.................................................57626
150 Appendix A amended.............................................57626
    Appendix A corrected...........................................61438
158.53 (a) revised.................................................12948
183 Technical correction............................................6555

                                  2005

14 CFR
                                                                   70 FR
                                                                    Page
Chapter I
119 Authority citation revised......................................7394
119 SFAR No. 99 added..............................................58821
119.3 Regulation at 67 FR 72761 confirmed...........................5532
119.49 (a)(13), (b)(13) and (c)(12) redesignated as (a)(14), 
        (b)(14) and (c)(13); new (a)(13), (b)(13) and (c)(12) 
        added......................................................58823
119.72 Removed......................................................7394
121 SFAR No. 106 added.............................................40164
    Comment disposition............................................40168
    SFAR No. 58 removed............................................54815
    SFAR No. 36 amended............................................59946
121.135 Heading and (b)(23) revised................................58823
121.311 (b)(2)(ii)(C) and (D) revised..............................50907
    (j) added......................................................56559
121.312 (e)(1) revised; eff. 1-30-06...............................77752
121.333 Amended; eff. 1-9-06.......................................68333
121.368 Regulation at 67 FR 72761 confirmed; (d)(2) and (8) 
        introductory text revised...................................5532
    (d)(8) revised.................................................23936
121.370a Regulation at 67 FR 72761 confirmed; revised...............5532
121.401 (a)(1) revised.............................................58823
121.433a Removed...................................................58823
121.571 Regulation at 69 FR 39294 confirmed........................36020

[[Page 879]]

121.703 Regulation at 65 FR 56201 withdrawn; heading, (d) and (e) 
        introductory text revised; eff. 1-30-06....................76979
121.704 Regulation at 65 FR 56202 withdrawn; eff. 1-30-06..........76979
121.705 Regulation at 65 FR 56203 withdrawn; introductory text 
        revised; eff. 1-30-06......................................76979
121.901--121.925 (Subpart Y) Added.................................54815
121.1001--121.1007 (Subpart Z) Added...............................58823
121 Regulation at 67 FR 72762 confirmed; Appendix N removed.........5532
    Appendix A amended.............................................15196
    Appendix M amended.............................................41134
    Appendix N added...............................................58825
    Appendix O added...............................................58825
    Appendix O correctly amended...................................75396
125 Comment disposition............................................40168
125.113 (c)(1) revised; eff. 1-30-06...............................77752
125.211 (b)(2)(ii)(C) and (D) revised..............................50907
125.409 Regulation at 65 FR 56203 withdrawn; heading and (b) 
        revised; eff. 1-30-06......................................76979
125.410 Regulation at 65 FR 56204 withdrawn........................76979
129 Comment disposition............................................40168
129.1 Regulation at 67 FR 72762 confirmed...........................5532
129.16 Regulation at 67 FR 72762 confirmed; revised.................5532
129.33 Regulation at 67 FR 72763 confirmed..........................5532
    (c)(2) and (8) introductory text revised........................5533
    (c)(8) revised.................................................23936
129 Regulation at 67 FR 72763 confirmed.............................5532
    Appendix B removed..............................................5533
135 SFAR No. 58 removed............................................54819
    SFAR No. 36 amended............................................59946
135.1 (a)(4) amended...............................................54819
135.23 (p) revised.................................................58829
135.117 Regulation at 69 FR 39294 confirmed........................36020
135.128 (a)(2)(ii)(C) and (D) revised..............................50907
135.168 Regulation at 67 FR 72764 confirmed.........................5532
    Removed.........................................................5533
135.170 (c)(1) revised; eff. 1-30-06...............................77752
135.323 (a)(1) revised.............................................58829
135.333 Removed....................................................58829
135.411 (a)(1) and (2) revised......................................5533
135.415 Regulation at 65 FR 56204 withdrawn; heading and (d) 
        revised; eff. 1-30-06......................................76979
135.416 Regulation at 65 FR 56205 withdrawn........................76979
135.417 Regulation at 65 FR 56206 withdrawn........................76979
135.422 Regulation at 67 FR 72765 confirmed.........................5532
    Revised.........................................................5533
135.423 Regulation at 67 FR 72765 confirmed.........................5532
    Removed; new 135.423 redesignated from 135.424..................5533
135.424 Regulation at 67 FR 72765 confirmed.........................5533
    Redesignated as 135.423.........................................5533
135.501--135.507 (Subpart K) Added.................................58829
135 Regulation at 67 FR 72766 confirmed.............................5532
    Appendix G removed..............................................5533
145 Authority citation revised.....................................15583
    SFAR No. 36 amended............................................59946
145.53 Revised.....................................................58831
145.57 (a) revised.................................................58831
145.63 Regulation at 65 FR 56206 withdrawn.........................76979
145.79 Regulation at 65 FR 56206 withdrawn.........................76979
145.163 Regulation at 66 FR 41117 delayed to 4-6-06................15580
    (a) introductory text revised; eff. 4-6-06.....................15583
145.165 Added......................................................58831
145.206 Added......................................................58831
    (a) correctly amended..........................................75397
145.221 Heading and (d) introductory text revised; eff. 1-30-06....76979
150 Comment disposition............................................29066
158.3 Amended......................................................14934
158.23 (a) introductory text revised...............................14934
158.24 Added.......................................................14934
158.25 Revised.....................................................14935
158.27 (c)(2), (3) introductory text and (4) revised...............14936
158.29 (c)(2) revised..............................................14936
158.30 Added.......................................................14936
158.37 Revised.....................................................14937

[[Page 880]]

183.1 Revised......................................................59946
183.15 (a) and (b) revised; (c) removed; (d) redesignated as (c) 
                                                                   59947
183.33 Regulation at 67 FR 72766 confirmed..........................5532
183.41--183.67 (Subpart D) Added (OMB numbers pending in part).....59947
183.43 OMB number..................................................67345
183.45 OMB number..................................................67345
183.53 OMB number..................................................67345
183.55 OMB number..................................................67345
183.57 OMB number..................................................67345
183.63 OMB number..................................................67345
183.65 OMB number..................................................67345

                                  2006

14 CFR
                                                                   71 FR
                                                                    Page
Chapter I
121 Regulation at 71 FR 1676 and 1677 compliance date delayed to 
        10-10-06...................................................17000
    OMB number.....................................................31921
    Comment disposition.....................................52287, 66840
    SFAR No. 106 amended...........................................53956
121.311 (b)(2)(ii)(C)(3), (D) and (c)(1) revised; (b)(2)(ii)(C)(4) 
        added......................................................40009
121.333 Regulation at 70 FR 68333 withdrawn.........................1688
121.380 (b) revised..................................................536
121.458 (f) revised................................................35764
121 Appendix I amended.......................................1676, 35764
    Appendix J amended................................1677, 35765, 38517
    Appendix J correctly amended...................................62209
    Appendix H revised; eff. 10-30-07..............................63640
125 Comment disposition.....................................52287, 66840
125.211 (b)(2)(ii)(C)(3), (D) and (c)(1) revised; (b)(2)(ii)(C)(4) 
        added......................................................40009
    (b)(2)(ii)(D) correctly amended................................59373
135 Comment disposition.....................................52287, 66840
135.128 (a)(2)(ii)(C)(3), (D) and (b)(1) revised; (a)(2)(ii)(C)(4) 
        added......................................................40010
    (a)(2)(ii)(D) correctly amended................................59374
135.253 (f) revised................................................35765
135.419 (a) revised..................................................536
183.15 (b) correctly revised.......................................28774
193 Orders.........................................................54405

                                  2007

14 CFR
                                                                   72 FR
                                                                    Page
Chapter I
119 Policy statement...............................................57196
119.1 (e)(2) revised................................................6911
119.3 Amended.......................................................6911
119.71 (e)(1) and (2) revised......................................54816
121 Authority citation revised.....................................45635
    Policy statement...............................................57196
121.1 (d) introductory text revised.................................6912
    (g) added......................................................63411
121.7 Added.........................................................1878
121.97 (b)(1)(ii) revised...........................................1878
121.99 Heading revised; (c), (d) and (e) added......................1878
    (a) and (b) revised............................................31680
121.103 Revised....................................................31681
121.106 Added.......................................................1879
121.121 Revised....................................................31681
121.122 Added.......................................................1879
121.135 (b)(10) through (22), (23) and (24) redesignated as 
        (b)(11) through (23), (25) and (26); new (b)(10) and (24) 
        added.......................................................1879
121.161 (a) revised; (d) added......................................1879
121.162 Added.......................................................1879
121.267 Revised....................................................19795
    Regulation at 72 FR 19795 withdrawn............................30946
121.312 (e)(3) revised..............................................1442
121.313 (k) added..................................................45635
121.347 Heading, (a) introductory text, (1), (2) and (b) revised 
                                                                   31681
121.349 Revised....................................................31681
121.351 Heading, (a) and (c)(1) revised............................31682
121.368 Redesignated as 121.1105...................................63412
121.370 Redesignated as 121.1107...................................63412
121.370a Redesignated as 121.1109..................................63412
121.374 Added.......................................................1880
    (c) correctly revised...........................................7348
    (e) and (h)(1) introductory text correctly revised.............26541
121.415 (a)(4) added................................................1881
121.419 (a)(1)(vii) amended........................................31682
121.559 (c) amended................................................31682
121.561 Heading revised; (a) amended...............................31682
121.565 (a), (b) introductory text, (2) and (c) revised.............1881
    (c) amended....................................................31682
121.579 (b) introductory text amended..............................31682

[[Page 881]]

121.582 Added......................................................45635
121.584 Added......................................................45635
121.624 Added.......................................................1881
121.625 Revised.....................................................1881
121.631 (c) and (d) redesignated as (f) and (g); new (c), (d) and 
        (e) added...................................................1881
121.633 Added.......................................................1882
121.646 Added.......................................................1882
121.651 (c) and (d) amended........................................31682
121.652 (a) amended................................................31682
121.687 (a)(6) added................................................1883
121.689 (a)(8) added................................................1883
121.1101--121.1113 (Subpart AA) Added..............................63411
121.1105 Redesignated from 121.368.................................63412
121.1107 Redesignated from 121.370; heading revised; (b) removed 
                                                                   63412
121.1109 Redesignated from 121.370a................................63412
    (c) revised; eff. 1-11-08......................................70508
121 Appendix P added................................................1883
    Appendix I amended.............................................12082
    Appendix J amended.............................................12084
    Appendix I correctly amended...................................13688
    Appendix J correctly amended...................................31449
    Regulation at 71 FR 63426 eff. date delayed to 5-30-08.........59598
125 SFAR No. 106 added..............................................1442
125.1 (e) added....................................................63412
125.51 Revised.....................................................31682
125.203 Revised....................................................31682
125.248 Redesignated as 125.505....................................63412
125.321 Amended....................................................31683
125.379 (a) amended................................................31683
125.381 (c)(2) amended.............................................31683
125.501--125.507 (Subpart M) Added.................................63412
125.505 Redesignated from 125.248; heading revised; (b) removed....63412
129.1--129.29 Designated as Subpart A and heading added............63413
129.1 (b) revised..................................................63413
129.11 (a)(4) revised...............................................7740
129.16 Redesignated as 129.109.....................................63413
129.17 Revised.....................................................31683
129.21 Revised.....................................................31683
129.22 Added.......................................................31683
129.32 Redesignated as 129.107.....................................63413
129.33 Redesignated as 129.105.....................................63413
129.101 Added......................................................63413
129.105--129.109 Designated as Subpart B and heading added.........63413
129.105 Redesignated from 129.33...................................63413
129.107 Redesignated from 129.32; heading revised; (b) removed.....63413
129.109 Redesignated from 129.16...................................63413
    (b) revised; eff. 1-11-08......................................70508
129.111 Added......................................................63413
129.113 Added......................................................63413
129 Appendix A amended.............................................31684
135 SFAR No. 106 added..............................................1443
    Policy statement...............................................57196
135.1 (c) removed; (d) redesignated as (c); (a)(5) and new (c) 
        introductory text revised; (a)(8) added.....................6912
135.67 Amended.....................................................31684
135.78 Added.......................................................31684
135.79 (a)(3) amended..............................................31684
135.98 Added........................................................1885
135.161 Revised....................................................31684
135.165 Revised....................................................31684
135.169 (a) revised................................................19796
    Regulation at 72 FR 19796 withdrawn............................30946
135.225 (c)(2) and (e) amended.....................................31685
135.345 (a)(7) amended; (a)(8) redesignated as (a)(10); new (a)(8) 
        and (9) added...............................................1885
    (a)(7) amended.................................................31685
135.364 Added.......................................................1885
    Corrected revised..............................................26541
135.371 (c)(2) amended.............................................31685
135.381 (b)(2) amended.............................................31685
135.411 (d) added...................................................1885
    (a)(1) and (2) correctly revised...............................53114
135 Appendix G added................................................1885
    Appendix G correctly amended.............................7348, 26542
136 Heading revised.................................................6912
136.1--136.29 (Subpart A) Added.....................................6912
136.1 Redesignated as 136.31........................................6912
136.3 Redesignated as 136.33........................................6912
136.5 Redesignated as 136.35........................................6912
136.7 Redesignated as 136.37; new 136.7 OMB number pending..........6912
    OMB number.....................................................19382
136.9 Redesignated as 136.39........................................6912
136.11 Redesignated as 136.41.......................................6912
136.13 OMB number pending...........................................6912
    OMB number.....................................................19382

[[Page 882]]

136.31--136.41 (Subpart B) Redesignated from 136.1--136.11; 
        heading added...............................................6912
136.31 Redesignated from 136.1; (a), (b) introductory text, (2) 
        and (c) amended.............................................6912
136.33 Redesignated from 136.3; introductory text and (d)(2) 
        amended.....................................................6912
    (d)(1)(iii) and (3) correctly amended..........................31450
136.35 Redesignated from 136.5......................................6912
136.37 Redesignated from 136.7; (d) and (e) amended.................6912
    (d) and (h) correctly amended..................................31450
136.39 Redesignated from 136.9......................................6912
136.41 Redesignated from 136.11.....................................6912
136.51--136.69 (Subpart C) Added....................................6912
136 Appendix A added................................................6914
139.111 (c)(2) revised.............................................68475
150.13 (e)(2) removed; (e)(3) and (4) redesignated as new (e)(2) 
        and (3)....................................................68475
158.3 Amended......................................................28847
158.9 (a)(4) and (5) revised; (a)(6) added.........................28847
158.13 (b) through (e) revised; (f), (g) and (h) added.............28847
158.15 (b)(5) and (6) revised; (b)(7) and (8) added................28848
158.18 Added.......................................................28848
158.20 Added.......................................................28848
158.29 (a)(1)(ii) and (b)(1)(ii) revised...........................28848
158.30 Heading revised.............................................28848
158.31 Introductory text and (b) revised...........................28849
158.33 (a)(2), (c)(1) introductory text and (2) revised; (a)(3) 
        added......................................................28849
158.37 Heading, (b)(1)(i)(A), (ii)(C), (D), (E) and (5) revised; 
        (b)(1)(i)(B) and (C) redesignated as (b)(1)(i)(C) and (D); 
        new (b)(1)(i)(B) and (ii)(F) added.........................28849
158.39 (a) and (d) revised.........................................28849
158.43 (b)(3) and (c) revised......................................28849
158.45 (a)(3) revised..............................................28849
158.47 (a) and (c)(4) revised......................................28849
158.49 (c) redesignated as (d); (b) and new (d) revised; new (c) 
        added......................................................28850
158.53 Revised.....................................................28850
    (c)(3) correctly amended.......................................31714
158.63 (a) and (c) revised.........................................28851
158.65 Revised.....................................................28851
158.67 (c)(2) revised..............................................28851
158.81 Revised.....................................................28851
158.97 Removed.....................................................28851
158 Appendix A amended.............................................28851
187.15 (a) revised.................................................18559
    Regulation at 72 FR 18559 confirmed............................55022
193.11 (a) amended.................................................68475

                                  2008

14 CFR
                                                                   73 FR
                                                                    Page
Chapter I
121.295 Added......................................................63880
121.343 Heading revised; (c) amended; (m) added....................12565
121.344 (m) added..................................................12565
    (a)(87) and (88) amended; (a)(89), (90), (91), (e)(3) and (n) 
added; (f) revised; eff. 2-2-09....................................73178
121.344a (g) added.................................................12566
121.359 (i), (j) and (k) added.....................................12566
121.374 (b)(3) revised; (b)(4) added...............................33881
121.1117 Added.....................................................42501
121.1200--121.1399 (Subpart BB) Added..............................25507
121.1400--121.1499 (Subpart CC) Added..............................25507
121 Appendix M amended.............................................12566
    Appendix M amended; eff. 2-2-09................................73179
125.3 (d) added; eff. 2-2-09.......................................73179
125.225 Heading revised; (j) added.................................12568
125.226 (m) added..................................................12568
    (a)(87) and (88) amended; (a)(89), (90), (91), (e)(3) and (n) 
added; (f) revised; eff. 2-2-09....................................73179
125.227 (g), (h) and (i) added.....................................12568
125.509 Added......................................................42502
125 Appendix E amended.............................................12568
    Appendix E amended; eff. 2-2-09................................73180
129.1 (b) revised..................................................12570
129.24 Added.......................................................12570
129.117 Added......................................................42503
135.98 Introductory text revised....................................8798
135.151 (f), (g) and (h) added.....................................12570
135.152 Heading revised; (l) and (m) added.........................12570
135.211 (a)(2) amended.............................................20164

[[Page 883]]

135.345 (a)(9) revised..............................................8798
135.364 Revised.....................................................8798
135 SFAR No. 108 added..............................................7167
    Appendix G amended.......................................8798, 33882
    Appendix C amended.............................................12570
    Appendices E and F amended.....................................12571
    Regulation at 73 FR 7167 confirmed.............................14676
    Appendices C and E corrected...................................15281
153 Added..........................................................47827
183.11 (a) revised.................................................43066
183.15 Revised.....................................................43066
198.3 (a) correctly amended; CFR correction........................78958
Chapter II
Chapter II Policy statement........................................10986
201.1 (b) amended..................................................33327
204.7 (b) amended..................................................33327
205.4 (c) amended..................................................33327
211.10 (b) amended.................................................33327
212.10 (a) amended.................................................33327
213.7 Amended......................................................33327
217.10 (b) and Appendix amended....................................33327
234.4 (b) through (i) redesignated as (c) through (j); (a)(22) 
        through (29) and new (b) added; new (c) revised............29431
241 Section 1-8 amended............................................33327
241 Section 2-1 (c) amended........................................33327
241 Section 19-7 (a) and Appendix A amended........................33327
241 Section 25 Schedule T-100 and Appendix amended.................33327
243.13 (c) amended...........................................33327(1)(1)
250.1 Amended......................................................21033
250.2 Revised......................................................21033
250.2b (b) amended.................................................21034
250.3 (b) added....................................................21034
250.5 (a) revised..................................................21034
250.6 (b) revised..................................................21034
250.9 (b) revised..................................................21034
250.10 Amended.....................................................21035
250.11 (a) revised.................................................21035
254.4 Amended......................................................70592
254.5 (b) amended..................................................70592
254.6 Amended......................................................70592
291.42 (a)(2) amended..............................................33327
291.45 (e)(2) and Appendix amended.................................33327
298.4 Amended......................................................33327
298.50 (b) amended.................................................33327
298.60 (c) amended.................................................33327
298.61 (e)(2) and Appendix amended.................................33328
325.11 Introductory text amended...................................33328
330.23 (a) amended.................................................33328
331.25 (a) amended.................................................33328
382 Revised; eff. 5-13-09..........................................27665
    Policy statement...............................................53114
382.65 (c) amended.................................................33328
382.70 (h) amended.................................................33328
383 Revised........................................................70593
Chapter III
400.2 Revised; eff. 2-2-09.........................................73782
401.5 Amended; eff. 2-2-09.........................................73782
417.25 (c)(3) correctly revised....................................63630
420.3 Revised; eff. 2-2-09.........................................73782
Chapter V
1210 Removed.......................................................28033
1260.3 (b) amended.................................................33671
1260.70 (a) and (c) revised........................................33671
1260.75 (a) removed; (b), (c) and (d) redesignated as new (a), (b) 
        and (c)....................................................33671
1266 Revised.......................................................10148


                                  [all]