[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2023 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 14
Aeronautics and Space
________________________
Parts 110 to 199
Revised as of January 1, 2023
Containing a codification of documents of general
applicability and future effect
As of January 1, 2023
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 14:
Chapter I--Federal Aviation Administration,
Department of Transportation (Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 913
Alphabetical List of Agencies Appearing in the CFR...... 933
List of CFR Sections Affected........................... 943
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 14 CFR 110.1 refers
to title 14, part 110,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
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
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[[Page vi]]
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[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
January 1, 2023
[[Page ix]]
THIS TITLE
Title 14--Aeronautics and Space is composed of five volumes. The
parts in these volumes are arranged in the following order: Parts 1-59,
60-109, 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--Air Transportation System
Stabilization. The contents of these volumes represent all current
regulations codified under this title of the CFR as of January 1, 2023.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 14--AERONAUTICS AND SPACE
(This book contains parts 110 to 199)
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Part
chapter I--Federal Aviation Administration, Department of
Transportation (Continued)................................ 110
[[Page 3]]
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
(CONTINUED)
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SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
Part Page
110 General requirements........................ 5
111 Pilot Records Database...................... 8
112-116
[Reserved]
117 Flight and duty limitations and rest
requirements: flightcrew members........ 20
118
[Reserved]
119 Certification: Air carriers and commercial
operators............................... 28
120 Drug and alcohol testing program............ 46
121 Operating requirements: Domestic, flag, and
supplemental operations................. 73
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 322
129 Operations: Foreign air carriers and foreign
operators of U.S.-registered aircraft
engaged in common carriage.............. 390
133 Rotorcraft external-load operations......... 408
135 Operating requirements: Commuter and on
demand operations and rules governing
persons on board such aircraft.......... 415
136 Commercial air tours and National Parks air
tour management......................... 551
137 Agricultural aircraft operations............ 558
139 Certification of airports................... 566
SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
140
[Reserved]
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141 Pilot schools............................... 587
142 Training centers............................ 636
143
[Reserved]
145 Repair stations............................. 648
147 Aviation maintenance technician schools..... 662
SUBCHAPTER I--AIRPORTS
150 Airport noise compatibility planning........ 666
151 Federal aid to airports..................... 680
152 Airport aid program......................... 717
153 Airport operations.......................... 752
155 Release of airport property from surplus
property disposal restrictions.......... 753
156 State block grant pilot program............. 756
157 Notice of construction, alteration,
activation, and deactivation of airports 758
158 Passenger facility charges (PFC's).......... 760
161 Notice and approval of airport noise and
access restrictions..................... 785
169 Expenditure of Federal funds for nonmilitary
airports or air navigation facilities
thereon................................. 805
SUBCHAPTER J--NAVIGATIONAL FACILITIES
170 Establishment and discontinuance criteria
for air traffic control services and
navigational facilities................. 807
171 Non-Federal navigation facilities........... 809
SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183 Representatives of the Administrator........ 889
185 Testimony by employees and production of
records in legal proceedings, and
service of legal process and pleadings.. 897
187 Fees........................................ 897
189 Use of Federal Aviation Administration
communications system................... 902
193 Protection of voluntarily submitted
information............................. 903
SUBCHAPTERS L-M [RESERVED]
SUBCHAPTER N--WAR RISK INSURANCE
198 Aviation insurance.......................... 908
199
[Reserved]
[[Page 5]]
SUBCHAPTER G_AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
PART 110_GENERAL REQUIREMENTS--Table of Contents
Sec.
110.1 Applicability.
110.2 Definitions.
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. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, unless
otherwise noted.
Sec. 110.1 Applicability.
This part governs all operations conducted under subchapter G of
this chapter.
Sec. 110.2 Definitions.
For the purpose of this subchapter, 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. 121.583(a) or Sec.
135.85 of this chapter.
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 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
[[Page 6]]
(ii) Operations solely within the 48 contiguous States of the United
States or the District of Columbia; or
(iii) Operations entirely within any State, territory, or possession
of the United States; or
(iv) When specifically authorized by the Administrator, operations
between any point within the 48 contiguous States of the United States
or the District of Columbia and any specifically authorized point
located outside the 48 contiguous States of the United States or the
District of Columbia.
Empty weight means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the
crew and payload, but includes the weight of all fixed ballast, unusable
fuel supply, undrainable oil, total quantity of engine coolant, and
total quantity of hydraulic fluid.
Flag operation means any scheduled operation conducted by any person
operating any airplane described in paragraph (1) of this definition at
the locations described in paragraph (2) of this definition:
(1) Airplanes:
(i) Turbojet-powered airplanes;
(ii) Airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat; or
(iii) Airplanes having a payload capacity of more than 7,500 pounds.
(2) Locations:
(i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any point
outside the State of Alaska or the State of Hawaii or any territory or
possession of the United States, respectively; or
(ii) Between any point within the 48 contiguous States of the United
States or the District of Columbia and any point outside the 48
contiguous States of the United States and the District of Columbia.
(iii) Between any point outside the U.S. and another point outside
the U.S.
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 flightcrew members--180 pounds.
(B) For female flightcrew members--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.
[[Page 7]]
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 chapter or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
(i) Common carriage operations conducted with airplanes, including
turbojet-powered airplanes, having a passenger-seat configuration of 30
seats or fewer, excluding each crewmember seat, and a payload capacity
of 7,500 pounds or less, except that operations using a specific
airplane that is also used in domestic or flag operations and that is so
listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter 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 chapter.
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) of this chapter 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
[[Page 8]]
specifications as required by Sec. 119.49(a)(4) of this chapter 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 chapter.
Wet lease means any leasing arrangement whereby a person agrees to
provide an entire aircraft and at least one crewmember. A wet lease does
not include a code-sharing arrangement.
When common carriage is not involved or operations not involving
common carriage means any of the following:
(1) Noncommon carriage.
(2) Operations in which persons or cargo are transported without
compensation or hire.
(3) Operations not involving the transportation of persons or cargo.
(4) Private carriage.
Years in service means the calendar time elapsed since an aircraft
was issued its first U.S. or first foreign airworthiness certificate.
[Docket No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, as amended by
Docket FAA-2018-0119, Amdt. 110-2, 83 FR 9172, Mar. 5, 2018]
PART 111_PILOT RECORDS DATABASE--Table of Contents
Subpart A_General
Sec.
111.1 Applicability.
111.5 Compliance date.
111.10 Definitions.
111.15 Application for database access.
111.20 Database access.
111.25 Denial of access.
111.30 Prohibited access and use.
111.35 Fraud and falsification.
111.40 Record Retention.
Subpart B_Access to and Evaluation of Records
111.100 Applicability.
111.105 Evaluation of pilot records.
111.110 Motor vehicle driving record request.
111.115 Good faith exception.
111.120 Pilot consent and right of review.
111.135 FAA records.
Subpart C_Reporting of Records
111.200 Applicability.
111.205 Reporting requirements.
111.210 Format for reporting information.
111.215 Method of reporting.
111.220 Drug and alcohol testing records.
111.225 Training, qualification, and proficiency records.
111.230 Final disciplinary action records.
111.235 Final separation from employment records.
111.240 Verification of motor vehicle driving record search and
evaluation.
111.245 Special rules for protected records.
111.250 Correction of reported information and dispute resolution.
111.255 Reporting historical records to PRD.
Subpart D_Pilot Access and Responsibilities
111.300 Applicability.
111.305 Application for database access.
111.310 Written consent.
111.315 Pilot right of review.
111.320 Reporting errors and requesting corrections.
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703,
44711, 46105, 46301.
Source: 86 FR 31060, June 10, 2021, unless otherwise noted.
Subpart A_General
Sec. 111.1 Applicability.
(a) This part prescribes rules governing the use of the Pilot
Records Database (PRD).
(b) Except as provided in subsection (c) of this section, this part
applies to:
(1) Each operator that holds an air carrier or operating certificate
issued in accordance with part 119 of this chapter and is authorized to
conduct operations under part 121, 125, or 135 of this chapter.
(2) Each operator that holds management specifications for a
fractional ownership program issued in accordance with subpart K of part
91 of this chapter.
(3) Each operator that holds a letter of authorization issued in
accordance with Sec. 91.147 of this chapter.
(4) Each operator that operates two or more aircraft described in
paragraph (b)(4)(i) or (ii) of this section, in furtherance of or
incidental to a business, solely pursuant to the general operating and
flight rules in part 91 of this
[[Page 9]]
chapter, or that operates aircraft pursuant to a Letter of Deviation
Authority issued under Sec. 125.3 of this chapter.
(i) Standard airworthiness airplanes that require a type rating
under Sec. 61.31(a) of this chapter.
(ii) Turbine-powered rotorcraft.
(5) Each entity that conducts public aircraft operations as defined
in 49 U.S.C. 40102(a)(41) on a flight that meets the qualification
criteria for public aircraft status in 49 U.S.C. 40125, unless the
entity is any branch of the United States Armed Forces, National Guard,
or reserve component of the Armed Forces.
(6) Each trustee in bankruptcy of any operator or entity described
in this paragraph, subject to the following criteria:
(i) If any operator subject to the requirements of this subpart
files a petition for protection under the Federal bankruptcy laws, the
trustee appointed by the bankruptcy court must comply with the
requirements of subparts A and C of this part.
(ii) The operator may delegate its authority to the trustee
appointed by the bankruptcy court to access the PRD on its behalf in
accordance with Sec. 111.20 or the trustee may submit an application to
the FAA requesting access to the PRD consistent with the requirements of
Sec. 111.15.
(7) Each person that submits or is identified on the application
described in Sec. 111.15 and is approved by the Administrator to access
the PRD.
(8) Each person who is employed as a pilot by, or is seeking
employment as a pilot with, an operator subject to the applicability of
this part.
(c) This part does not apply to foreign air carriers or operators
subject to part 375 of this title.
Sec. 111.5 Compliance date.
(a) Compliance with this part is required by September 9, 2024,
except as provided in Sec. Sec. 111.15, 111.100, 111.200, and 111.255.
(b) Beginning on September 9, 2024, the Pilot Records Improvement
Act (PRIA) ceases to be effective and will not be an available
alternative to PRD for operators, entities, or trustees to which this
subpart applies.
Sec. 111.10 Definitions.
For purposes of this part, the term--
Authorized user means an individual who is employed by an operator,
entity, or trustee and who is designated by a responsible person to
access the PRD on behalf of the employer for purposes of reporting and
evaluating records that pertain to an individual pilot applicant.
Begin service as a pilot means the earliest date on which a pilot
serves as a pilot flight crewmember or is assigned duties as a pilot in
flight for an operator or entity that is subject to the applicability of
this part.
Final disciplinary action record means a last-in-time record of
corrective or punitive action taken by an operator or entity who is
subject to the applicability of this part in response to an event
pertaining to pilot performance. No disciplinary action is considered
final until the operator determines the action is not subject to any
pending dispute.
Final separation from employment record means a last-in-time record
of any action ending the employment relationship between a pilot and an
operator or entity who is subject to the applicability of this part. No
separation from employment is considered final until the operator
determines the separation is not subject to any pending dispute.
Historical record means a record that an operator subject to the
applicability of Subpart C of this part must generate and maintain in
accordance with 49 U.S.C. 44703(h)(4) and must report to the PRD in
accordance with 49 U.S.C. 44703(i)(15)(C)(iii).
PRD Date of Hire means:
(1) The earliest date on which an individual:
(i) Begins any form of required training in preparation for the
individual's service as a pilot on behalf of an operator or entity
subject to the applicability of this part; or
(ii) Performs any duty as a pilot for an operator or entity subject
to the applicability of this part.
(2) This definition includes both direct employment and employment
that occurs on a contract basis for any form of compensation.
[[Page 10]]
Proxy means a person who is designated by a responsible person to
access the PRD on behalf of an operator, entity, or trustee subject to
the applicability of this part for purposes of reporting or retrieving
records.
Record pertaining to pilot performance means a record of an activity
or event directly related to a pilot's responsibilities or completion of
the core duties in conducting safe aircraft operations, as assigned by
the operator employing the pilot.
Reporting entity means an operator, entity, or trustee that is
subject to the applicability of subpart C of part 111, including its
responsible person, authorized users, and proxies.
Responsible person means the individual identified on the
application required by Sec. 111.15 and who meets at least one of the
criteria in Sec. 111.15(e).
Reviewing entity means operator that is subject to the applicability
of subpart B of part 111, including its responsible person, authorized
users, and proxies.
Effective Date Note: At 86 FR 31067, June 10, 2021, Sec. 111.10 was
amended by removing the definition of ``Historical record'', effective
Sept. 10, 2029.
Sec. 111.15 Application for database access.
(a)(1) Each operator or entity to which this part applies that plans
to initiate operations after September 8, 2021, must submit the
application required by this section to the FAA at least 30 days before
the operator or entity initiates aircraft operations.
(2) Within 30 days of appointment by a bankruptcy court as described
in Sec. 111.1(b)(6)(i), a trustee must submit the application required
by this section or receive delegation of access from the applicable
operator or entity.
(b) The application required by this section must contain the
following information:
(1) The full name, job title, telephone number, and electronic mail
address of the responsible person who is authorized to submit the
application in accordance with paragraph (d) of this section;
(2) The name of the operator, entity, or trustee;
(3) The FAA air carrier or operating certificate number, as
applicable; and
(4) Any other item the Administrator determines is necessary to
verify the identity of all individuals designated by an operator,
entity, or trustee to access the PRD.
(c) The application required by this section must be submitted by a
responsible person who holds at least one of the following positions,
unless otherwise approved by the Administrator:
(1) For each operator that holds an air carrier or operating
certificate issued in accordance with part 119 for operations under part
121, a person serving in a management position required by Sec.
119.65(a) of this chapter.
(2) For each operator that holds an operating certificate issued in
accordance with part 119 for operations under part 125, a person serving
in a management position required by Sec. 125.25(a) of this chapter.
(3) For each operator that holds an operating certificate issued in
accordance with part 119 for operations under part 135 using more than
one pilot in its operations, a person serving in a management position
required by Sec. 119.69(a) of this chapter.
(4) For each operator that holds an operating certificate issued in
accordance with part 119 for operations under part 135 authorized to use
only one pilot in its operations, the pilot named in that certificate
holder's operation specifications.
(5) For each operator that holds a letter of authorization issued in
accordance with Sec. 91.147 of this chapter, an individual designated
as the responsible person on the operator's letter of authorization.
(6) For each operator that holds management specifications for a
fractional ownership program issued in accordance with subpart K of part
91 of this chapter, an authorized individual designated by the
fractional ownership program manager, as defined in Sec. 91.1001(b) of
this chapter, who is employed by the fractional ownership program and
whose identity the Administrator has verified.
(7) For any other operator or entity subject to the applicability of
this part, or any trustee appointed in a bankruptcy proceeding, an
individual
[[Page 11]]
authorized to sign and submit the application required by this section
who is employed by the operator and whose identity the Administrator has
verified.
(d) Each operator, entity, or trustee must submit to the FAA--
(1) An amended application for database access no later than 30 days
after any change to the information included on the initial application
for database access occurs, except when the change pertains to the
identification or designation of the responsible person.
(2) An amended application identifying another responsible person
eligible for database access in accordance with this section,
immediately when the operator, entity, or trustee is aware of
information that would cause the current responsible person's database
access to be cancelled or denied.
(e) Upon approval by the FAA of a request for access to the PRD,
each person identified in paragraph (e) is authorized to:
(1) Access the database for purposes consistent with the provisions
of this part, on behalf of the operator, entity, or trustee for which
the person is authorized, for purposes consistent with the provisions of
this part; and
(2) Delegate PRD access to authorized users and proxies in
accordance with Sec. 111.20.
[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]
Sec. 111.20 Database access.
(a) Delegation. The responsible person may delegate PRD access to
authorized users or proxies for purposes of compliance by the operator,
entity, or trustee with the requirements of subpart B or C of this part.
(b) Terms for access. No person may use the PRD for any purpose
other than to inform a hiring decision concerning a pilot or to report
information on behalf of the operator, entity, or trustee.
(c) Continuing access for authorized users and proxies. PRD access
by authorized users and proxies is contingent on the continued validity
of the responsible person's electronic access. If a responsible person's
electronic access is cancelled, the database access of authorized users
and proxies will be cancelled unless the operator, entity, or trustee
submits an amended application for database access and receives FAA
approval of that application in accordance with Sec. 111.15.
Sec. 111.25 Denial of access.
(a) The Administrator may deny PRD access to any person for failure
to comply with any of the duties or responsibilities prescribed by this
part or as necessary to preserve the security and integrity of the
database, which includes but is not limited to--
(1) Making a fraudulent or intentionally false report of information
to the database; or
(2) Misusing or misappropriating user rights or protected
information in the database.
(b) The Administrator may deny any operator or entity access to the
PRD if the Administrator revokes or suspends the operating certificate
or other authorization to operate.
(c) Any person whose access to the database has been denied by the
Administrator may submit a request for reconsideration of the denial in
a form and manner the Administrator provides. Database access will not
be permitted pending reconsideration.
Sec. 111.30 Prohibited access and use.
(a) No person may access the database for any purpose other than the
purposes provided by this part.
(b) No person may share, distribute, publish, or otherwise release
any record accessed in the database to any person or individual not
directly involved in the hiring decision, unless specifically authorized
by law or unless the person sharing or consenting to share the record is
the subject of the record.
(c) Each person that accesses the PRD to retrieve a pilot's records
must protect the confidentiality of those records and the privacy of the
pilot as to those records.
Sec. 111.35 Fraud and falsification.
No person may make, or cause to be made, a fraudulent or
intentionally false statement, or conceal or cause to be concealed a
material fact, in--
(a) Any application or any amendment to an application submitted in
[[Page 12]]
accordance with the requirements of this part;
(b) Any other record reported to the PRD in accordance with the
requirements of this part; or
(c) Any record or report that is kept, made, or used to show
compliance with this part.
Sec. 111.40 Record retention.
(a) The Administrator will maintain a pilot's records in the PRD for
the life of the pilot. Any person requesting removal of the records
pertaining to an individual pilot must notify the FAA of the pilot's
death in a form and manner acceptable to the Administrator.
(b) The notification must include the following:
(1) The full name of the pilot as it appears on his or her pilot
certificate;
(2) The pilot's FAA-issued certificate number; and
(3) A certified copy of the individual's certificate of death.
Subpart B_Access to and Evaluation of Records
Sec. 111.100 Applicability.
(a) This subpart prescribes requirements for the following reviewing
entities:
(1) Each operator that holds an air carrier or operating certificate
issued by the Administrator in accordance with part 119 of this chapter
and is authorized to conduct operations under part 121, part 125, or
part 135 of this chapter.
(2) Each operator that holds management specifications to operate in
accordance with subpart K of part 91 of this chapter.
(3) Each operator that holds a letter of authorization to conduct
air tour operations in accordance with Sec. 91.147 of this chapter.
(b) If an operator described in Sec. 111.1(b)(4) or an entity
described in Sec. 111.1(b)(5) accesses the PRD to review records in
accordance with this subpart, the operator or entity must comply with
Sec. 111.120.
[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]
Sec. 111.105 Evaluation of pilot records.
(a) Except as provided in Sec. 111.115, no reviewing entity may
permit an individual to begin service as a pilot until the reviewing
entity has evaluated all relevant information in the PRD.
(b) Evaluation must include review of all of the following
information pertaining to that pilot:
(1) All FAA records in the PRD as described in Sec. 111.135.
(2) All records in the PRD submitted by a reporting entity.
(3) All motor vehicle driving records obtained in accordance with
Sec. 111.110.
(4) The employment history the pilot provides to the PRD in
accordance with subpart D of this part. If, upon review of the
employment history provided by the pilot and the records described in
(b)(2) of this section, a reviewing entity determines that records might
be available that the pilot's previous employer has not yet uploaded in
the database, the reviewing entity must submit a request to the pilot's
previous employer(s) through the PRD to report any applicable records in
accordance with the process in Sec. 111.215(b).
Sec. 111.110 Motor vehicle driving record request.
(a) Except as provided in paragraph (d) of this section, no
reviewing entity may permit an individual to begin service as a pilot
unless the reviewing entity has requested and evaluated all relevant
information identified through a National Driver Register (NDR) search
set forth in chapter 303 of Title 49 concerning the individual's motor
vehicle driving history in accordance with the following:
(1) The reviewing entity must obtain the written consent of that
individual, in accordance with Sec. 111.310, before requesting an NDR
search for the individual's State motor vehicle driving records;
(2) After obtaining the written consent of the individual, the
reviewing entity must submit a request to the NDR to determine whether
any State maintains relevant records pertaining to that individual; and
(3) When the NDR search result is returned, if the NDR search result
indicates that records exist concerning
[[Page 13]]
that individual, the reviewing entity must submit a request for the
relevant motor vehicle driving records to each chief driver licensing
official of each State identified in the NDR search result.
(b) Each reviewing entity must document in the PRD that the
reviewing entity complied with this section, as prescribed at Sec.
111.240.
(c) Upon the Administrator's request, each reviewing entity must
provide documentation showing the reviewing entity has conducted the
search required by paragraph (a). The reviewing entity must retain this
documentation for five years.
(d) This section does not apply to operators described in Sec.
111.100(a)(2) through (3).
Sec. 111.115 Good faith exception.
Reviewing entities may allow an individual to begin service as a
pilot without first evaluating records in accordance with Sec. 111.105
only if the reviewing entity--
(a) Made a documented, good faith attempt to access all necessary
information maintained in the PRD that the reviewing entity is required
to evaluate; and
(b) Received notice from the Administrator that information is
missing from the PRD pertaining to the individual's employment history
as a pilot.
Sec. 111.120 Pilot consent and right of review.
(a) No reviewing entity may retrieve records in the PRD pertaining
to any pilot prior to receiving that pilot's written consent authorizing
the release of that pilot's information maintained in the PRD.
(b) The consent required in paragraph (a) of this section must be
documented by that pilot in accordance with Sec. 111.310.
(c) Any pilot who submits written consent to a reviewing entity in
accordance with Sec. 111.310(c) may request a copy of any State motor
vehicle driving records the reviewing entity obtained regarding that
pilot in accordance with Sec. 111.110. The reviewing entity must
provide to the pilot all copies of State motor vehicle driving records
obtained within 30 days of receiving the request from that pilot.
Sec. 111.135 FAA records.
No reviewing entity may permit an individual to begin service as a
pilot unless a responsible person or authorized user has accessed and
evaluated all relevant FAA records for that individual in the PRD,
including:
(a) Records related to current pilot and medical certificate
information, including associated type ratings and information on any
limitations to those certificates and ratings.
(b) Records maintained by the Administrator concerning any failed
attempt of an individual to pass a practical test required to obtain a
certificate or type rating under part 61 of this chapter.
(c) Records related to enforcement actions resulting in a finding by
the Administrator, which was not subsequently overturned, of a violation
of title 49 of the United States Code or a regulation prescribed or
order issued under that title.
(d) Records related to an individual acting as pilot in command or
second in command during an aviation accident or incident.
(e) Records related to an individual's pre-employment drug and
alcohol testing history and other U.S. Department of Transportation drug
and alcohol testing including:
(1) Verified positive drug test results;
(2) Alcohol misuse violations, including confirmed alcohol results
of 0.04 or greater; and
(3) Refusals to submit to drug or alcohol testing.
Subpart C_Reporting of Records by Air Carriers and Operators
Sec. 111.200 Applicability.
(a) This subpart prescribes the requirements for reporting records
to the PRD about individuals employed as pilots and applies to the
following reporting entities:
(1) Each operator that holds an air carrier or operating certificate
issued in accordance with part 119 of this chapter and is authorized to
conduct operations under part 121, 125, or 135 of this chapter.
[[Page 14]]
(2) Each operator that holds management specifications to operate in
accordance with subpart K of part 91 of this chapter.
(3) Each operator that holds a letter of authorization to conduct
air tour operations in accordance with Sec. 91.147 of this chapter.
(4) Each operator described in Sec. 111.1(b)(4).
(5) Each entity that conducts public aircraft operations as
described in Sec. 111.1(b)(5).
(6) The trustee in bankruptcy of any operator described in this
section.
(b) Compliance is required for this subpart as follows:
(1) Compliance with this subpart is required within 30 days of the
reporting entity commencing aircraft operations.
(2) Specific compliance dates for records described in Sec.
111.205(b)(2) are set forth in Sec. 111.255.
[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]
Effective Date Note: Effective September 10, 2029, amend Sec.
111.200 by revising paragraph (b) to read as follows:
Sec. 111.200 Applicability.
* * * * *
(b) Compliance with this subpart is required beginning within 30
days of the reporting entity commencing aircraft operations.
Sec. 111.205 Reporting requirements.
(a) Each reporting entity must provide the information required in
paragraph (b) of this section for any individual employed as a pilot
beginning on the PRD date of hire for that individual.
(b) Each reporting entity must report the following records to the
PRD for each individual employed as a pilot:
(1) All records described in Sec. Sec. 111.220 through 111.240
generated on or after June 10, 2022;
(2) All historical records required by Sec. 111.255 of this part,
as applicable; and
(3) The PRD date of hire.
(c) No person may enter or cause to be entered into the PRD any
information described in Sec. 111.245.
Effective Date Note: Effective September 9, 2024, amend Sec.
111.205 by removing paragraph (b)(2) and redesignating paragraph (b)(3)
as (b)(2).
Sec. 111.210 Format for reporting information.
Each reporting entity must report to the PRD all records required by
this subpart for each individual the reporting entity employed as a
pilot in a form and manner prescribed by the Administrator.
Sec. 111.215 Method of reporting.
(a) Except as provided in paragraph (b) of this section of this
part, all records created on or after June 10, 2022, and required to be
reported to the PRD under this subpart must be reported within 30 days
of the effective date of the record, or within 30 days of the record
becoming final when the record is a disciplinary action record or a
separation from employment record.
(b) Each operator conducting an operation described in Sec.
111.1(b)(4), entity conducting a public aircraft operation, operator
conducting an air tour operation under Sec. 91.147, or a trustee for
such an operator or entity must either comply with paragraph (a) of this
section or report and retain pilot records in accordance with all
requirements of this paragraph.
(1) Operators, entities, or trustees listed in this paragraph (b)
must report a record described in Sec. 111.225, Sec. 111.230, or Sec.
111.235 to the PRD upon receipt of a request from a reviewing entity
within 14 days, unless the record memorializes one or more of the
following:
(i) A disciplinary action that resulted in permanent or temporary
removal of the pilot from aircraft operations as described in Sec.
111.230, which must be reported in accordance with paragraph (a) of this
section.
(ii) A separation from employment action resulting from a
termination as described in Sec. 111.235, which must be reported in
accordance with paragraph (a) of this section.
(2) If no records are available at time of request from a reviewing
entity, the operator, entity, or trustee must provide written
confirmation within 14 of the days of the request to the PRD that no
records are available.
[[Page 15]]
(3) An operator, entity, or trustee must retain a record eligible to
be reported upon request under paragraph (b)(1) of this section for five
years from the date of creation, unless the operator or entity already
reported that record to the PRD.
(c) For records created before June 10, 2022, and maintained in
accordance with PRIA, an operator, entity, or trustee listed in
paragraph (b) of this section must continue to maintain all records that
would have been provided in response to a PRIA request for five years
from the date of creation of the record, and must report that record
upon request from a reviewing entity in accordance with paragraph (b).
Effective Date Note 1: Effective September 9, 2024, amend Sec.
111.215 by revising paragraph (a) to read as follows:
Sec. 111.215 Method of Reporting.
(a) Except as provided in paragraph (b) of this section, all records
required to be reported to the PRD under this subpart must be reported
within 30 days of the effective date of the record, or within 30 days of
the record becoming final when the record is a disciplinary action
record or a separation from employment record.
* * * * *
Effective Date Note 2: Effective September 8, 2027, further amend
Sec. 111.215 by removing paragraph (c).
Sec. 111.220 Drug and alcohol testing records.
(a) Each operator or trustee required to comply with part 120 of
this chapter and subject to the applicability of this subpart must
report to the PRD the following records for each individual whom the
reporting entity has employed as a pilot:
(1) Records concerning drug testing, including--
(i) Any drug test result verified positive by a Medical Review
Officer, that the Medical Review Officer and employer must retain in
accordance with Sec. 120.111(a)(1) of this chapter and 49 CFR
40.333(a)(1)(ii);
(ii) Any refusal to submit to drug testing or records indicating
substituted or adulterated drug test results, which the employer must
retain in accordance with 49 CFR 40.333(a)(1)(iii);
(iii) All return-to-duty drug test results verified by a Medical
Review Officer, that the employer must retain in accordance with 49 CFR
40.333(a)(1)(ii) or (iii) or (a)(4);
(iv) All follow-up drug test results verified by a Medical Review
Officer, which the employer must retain in accordance with 49 CFR
40.333(a)(1)(v).
(2) Records concerning alcohol misuse, including--
(i) A test result with a confirmed breath alcohol concentration of
0.04 or greater, which the employer must retain in accordance with Sec.
120.219(a)(2)(i)(B) of this chapter;
(ii) Any record pertaining to an occurrence of on-duty alcohol use,
pre-duty alcohol use, or alcohol use following an accident, which the
employer must retain in accordance with Sec. 120.219(a)(2)(i)(D) of
this chapter;
(iii) Any refusal to submit to alcohol testing, that the employer
must retain in accordance with Sec. 120.219(a)(2)(i)(B) of this chapter
and 49 CFR 40.333(a)(1)(iii);
(iv) All return-to-duty alcohol test results, that the employer must
retain in accordance with 49 CFR 40.333(a)(1)(i) or (iii) or (a)(4);
(v) All follow-up alcohol test results, which the employer must
retain in accordance with 49 CFR 40.333(a)(1)(v).
(b) Each record reported to the PRD in accordance with paragraph (a)
of this section must include the following:
(1) In the case of a drug or alcohol test result:
(i) The type of test administered;
(ii) The date the test was administered; and
(iii) The result of the test.
(2) In the case of alcohol misuse, as described in paragraph
(a)(2)(ii) of this section:
(i) The type of each alcohol misuse violation;
(ii) The date of each alcohol misuse violation.
(c) In addition to the requirements of Sec. Sec. 120.113(d)(3) and
120.221(c), operators required to report in accordance with this section
must report records within 30 days of the following occurrences, as
applicable:
[[Page 16]]
(1) The date of verification of the drug test result;
(2) The date of the alcohol test result;
(3) The date of the refusal to submit to testing; or
(4) The date of the alcohol misuse occurrence.
Sec. 111.225 Training, qualification, and proficiency records.
(a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD the following records for each
individual whom the reporting entity has employed as a pilot:
(1) Records establishing an individual's compliance with FAA-
required training, qualifications, and proficiency events, which the
reporting entity maintains pursuant to Sec. 91.1027(a)(3), Sec.
121.683, Sec. 125.401 or Sec. 135.63(a)(4) of this chapter, as
applicable, including comments and evaluations made by a check pilot or
evaluator; and
(2) Other records the reporting entity maintains documenting an
individual's compliance with FAA or employer-required training,
checking, testing, proficiency, or other events related to pilot
performance concerning the training, qualifications, proficiency, and
professional competence of the individual, including any comments and
evaluations made by a check pilot or evaluator.
(b) No person may report any of the following information for
inclusion in the PRD:
(1) Records related to flight time, duty time, and rest time.
(2) Records demonstrating compliance with physical examination
requirements or any other protected medical records.
(3) Records documenting recent flight experience.
(4) Records identified in Sec. 111.245.
(c) Each record reported to the PRD in accordance with paragraph (a)
of this section must include:
(1) Date of the event;
(2) Aircraft type, if applicable;
(3) Duty position of the pilot, if applicable;
(4) Training program approval part and subpart of this chapter, as
applicable;
(5) Crewmember training and qualification curriculum and category of
training as reflected in either a FAA-approved or employer-mandated
training program;
(6) Result of the event (satisfactory or unsatisfactory);
(7) Comments of check pilot or evaluator, if applicable under part
91, 121, 125, or 135 of this chapter. For unsatisfactory events, the
tasks or maneuvers considered unsatisfactory must be included.
(d) An operator, entity, or trustee that complies with Sec.
111.215(b) must report records in accordance with paragraphs (a) through
(c) of this section upon request, if that operator or entity possesses
those records.
(e)(1) Each reporting entity must provide a record within 30 days of
creating that record, in accordance with Sec. 111.215(a), unless the
reporting entity is an operator, entity, or trustee complying with Sec.
111.215(b).
(2) An operator, entity, or trustee complying with Sec. 111.215(b)
must provide records described in this section or a statement that it
does not have any records described in this section within 14 days of
receiving a request from a reviewing entity.
Sec. 111.230 Final disciplinary action records.
(a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD any final disciplinary action
record pertaining to pilot performance with respect to an individual
whom the reporting entity has employed as a pilot.
(b) No person may report to the PRD any record of disciplinary
action that was subsequently overturned because the event prompting the
action did not occur or the pilot was not at fault as determined by--
(1) A documented agreement between the employer and the pilot; or
(2) The official and final decision or order of any panel or person
with authority to review employment disputes, or by any court of law.
(c) If a reporting entity receives notice that any disciplinary
action record
[[Page 17]]
reported to the PRD under paragraph (a) of this section was overturned
in accordance with paragraph (b), that entity must correct the pilot's
PRD record in accordance with Sec. 111.250 within 10 days.
(d) Each final disciplinary action record that must be reported to
the PRD under paragraph (a) of this section must include the following
information:
(1) The type of disciplinary action taken by the employer, including
written warning, suspension, or termination;
(2) Whether the disciplinary action resulted in permanent or
temporary removal of the pilot from aircraft operations;
(3) The date the disciplinary action occurred; and
(4) Whether there are additional documents available that are
relevant to the record.
(e) An operator, entity, or trustee complying with Sec. 111.215(b)
must report records described in paragraphs (a) through (d) of this
section upon request, unless the disciplinary action resulted in
permanent or temporary removal of the pilot from aircraft operations. If
the disciplinary action resulted in permanent or temporary removal of
the pilot from aircraft operations, the operator, entity, or trustee
must report the record in accordance with Sec. 111.215(a).
(f)(1) A reporting entity must provide records of final disciplinary
actions no later than 30 days after the action is final, unless the
reporting entity is an operator, entity or trustee complying with Sec.
111.215(b).
(2) An operator, entity or trustee complying with Sec. 111.215(b)
must report records described in this section, or state that it does not
have any applicable records, within 14 days of receiving a request from
a reviewing entity.
(g) Each reporting entity must:
(1) Retain documents relevant to the record reported under paragraph
(a) of this section for five years, if available; and
(2) Provide such documents upon request within 14 days to:
(i) A reviewing entity; or
(ii) The pilot that is the subject of the record.
Sec. 111.235 Final separation from employment records.
(a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD the following records for each
individual whom the reporting entity has employed as a pilot:
(1) Records concerning separation from employment kept pursuant to
Sec. 91.1027(a)(3), Sec. 121.683, Sec. 125.401 or Sec. 135.63(a)(4)
of this chapter; and
(2) Records pertaining to pilot performance kept concerning
separation from employment for each pilot that it employs.
(b) No person may report to the PRD any record regarding separation
from employment that was subsequently overturned because the event
prompting the action did not occur or the pilot was not at fault as
determined by--
(1) A documented agreement between the employer and the pilot; or
(2) The official and final decision or order of any panel or
individual given authority to review employment disputes, or by any
court of law.
(c) If a reporting entity receives notice that any separation from
employment record reported to the PRD under paragraph (a) of this
section was overturned in accordance with paragraph (b) of this section,
that entity must correct the pilot's PRD record in accordance with Sec.
111.250 within 10 days.
(d) Each separation from employment action record that must be
reported to the PRD in accordance with paragraph (a) of this section
must include a statement of the purpose for the separation from
employment action, including:
(1) Whether the separation resulted from a termination as a result
of pilot performance, including professional disqualification;
(2) Whether the separation is based on another reason, including but
not limited to physical (medical) disqualification, employer-initiated
separation not related to pilot performance, or any resignation,
including retirement;
(3) The date of separation from employment; and
(4) Whether there are additional documents available that are
relevant to the record.
[[Page 18]]
(e) An operator, entity, or trustee complying with Sec. 111.215(b)
must report the records described in paragraphs (a) through (d) of this
section upon request, unless the separation from employment action
resulted from a termination. If the separation from employment record
resulted from a termination, the operator, entity, or trustee must
report the record in accordance with Sec. 111.215(a).
(f)(1) A reporting entity must provide any records of separation
from employment actions no later than 30 days after the date of
separation from employment is final, unless the reporting entity is an
operator, entity, or trustee complying with Sec. 111.215(b).
(2) An operator, entity, or trustee complying with Sec. 111.215(b)
must report records described in this section or state that it does not
have any applicable records within 14 days of receiving a request from a
reviewing entity.
(g) Each reporting entity must:
(1) Retain documents relevant to the record reported under paragraph
(a) of this section for five years, if available; and
(2) Provide such documents upon request within 14 days to:
(i) A reviewing entity; or
(ii) The pilot that is the subject of the record.
Sec. 111.240 Verification of motor vehicle driving record search
and evaluation.
(a) Each operator subject to the requirements of Sec. 111.110 of
this part must document in the PRD within 45 days of the pilot's PRD
date of hire that the operator met the requirements of Sec. 111.110.
(b) No operator may report any substantive information from State
motor vehicle driving records pertaining to any individual obtained in
accordance with Sec. 111.110 for inclusion in the PRD.
Sec. 111.245 Special rules for protected records.
No person may report any pilot record for inclusion in the PRD that
was reported by any individual as part of any approved Voluntary Safety
Reporting Program for which the FAA has designated reported information
as protected in accordance with part 193 of this chapter.
Sec. 111.250 Correction of reported information and dispute resolution.
(a) A reporting entity that discovers or is informed of a perceived
error or inaccuracy in information previously reported to the PRD must
correct that record in the PRD within 10 days of identification, or
initiate dispute resolution in accordance with paragraph (b) of this
section.
(b) Each reporting entity must--
(1) Initiate investigation of any dispute within 30 days of
determining that it does not agree that the record identified is
inaccurate.
(2) Provide final disposition within a reasonable amount of time to
any request for dispute resolution made by an individual about PRD
records.
(3) Document in the PRD the final disposition of any dispute made by
a pilot in accordance with this paragraph (b) and Sec. 111.320.
Sec. 111.255 Reporting historical records to PRD.
(a) Each operator that holds an air carrier certificate issued in
accordance with part 119 of this chapter and is authorized to conduct
operations under part 121 or part 135 of this chapter must report to the
PRD all historical records kept in accordance with PRIA dating from
August 1, 2005 until June 10, 2022, in a form and manner prescribed by
the Administrator.
(b) Each operator that holds an operating certificate issued in
accordance with part 119 of this chapter and is authorized to conduct
operations under part 121, 125, or 135 of this chapter or that holds
management specifications to operate in accordance with subpart K of
part 91 of this chapter must report to the PRD all historical records
kept in accordance with PRIA dating from August 1, 2010, until June 10,
2022, in a form and manner prescribed by the Administrator.
(c) If an operator required to report historical records to the PRD
in accordance with this section is appointed a trustee in a bankruptcy
proceeding, the trustee must report the operator's historical records.
[[Page 19]]
(d) Compliance for reporting historical records that date on or
after January 1, 2015, is required by June 12, 2023. Compliance for
records that date before January 1, 2015, is required by September 9,
2024.
(e) An operator or trustee subject to the applicability of this
subpart must maintain all historical records reported to the PRD in
accordance with paragraphs (a) and (b) of this section for at least five
years after reporting those records.
(f) An operator or trustee is not required to report historical
records for any individual who is 99 years of age or older on June 10,
2022.
(g)(1)The Administrator may authorize a request for deviation from
paragraph (d) of this section based on a determination that a delay in
compliance, due to circumstance beyond control of the operatoror trustee
reporting historical records, would not adversely affect safety.
(2) A request for deviation from paragraph (d) of this section must
include the following information:
(i) The name of the operator or trustee;
(ii) The name of the responsible person;
(iii) The name of the pilot(s) who are the subject of the record;
(iv) Historical record type for which deviation is requested;
(v) Date range of records; and
(vi) Justification for the request for deviation, including a
description of the circumstance referenced in (g)(1).
(3) Operators and trustees granted deviation in accordance with this
paragraph must continue to retain historical records and respond to
requests for such records for the term of that deviation in a form and
manner prescribed by the Administrator.
(4) The Administrator may, at any time, terminate a grant of
deviation issued under this paragraph.
Effective Date Note: Effective September 10, 2029, Sec. 111.255 is
removed.
Subpart D_Pilot Access and Responsibilities
Sec. 111.300 Applicability.
This subpart applies to each individual who is employed as a pilot
by, or is seeking employment as a pilot with, an operator or entity
subject to the applicability of this part, as set forth in Sec. 111.1.
Sec. 111.305 Application for database access.
(a) A pilot must request electronic access to the PRD by submitting
an application in a form and manner acceptable to the Administrator.
Except as provided in Sec. 111.315(c), electronic access to the PRD is
required when--
(1) The pilot seeks to review and obtain a copy of that pilot's own
comprehensive PRD record;
(2) The pilot gives consent to a particular operator to access that
pilot's comprehensive PRD record; or
(3) The pilot exercises any other privileges provided by this part.
(b) The application required in paragraph (a) of this section must
include, at a minimum, the following information:
(1) The pilot's full name as it appears on his or her pilot
certificate.
(2) The pilot's FAA-issued certificate number.
(3) A current mailing address and telephone number.
(4) An electronic mail address.
(5) Any additional information that the Administrator might request
to verify the identity of the pilot requesting access to the PRD.
(c) The application required in paragraph (a) of this section must
be submitted at least 7 days before the pilot seeks to access the PRD.
Sec. 111.310 Written consent.
(a) Before any operator may access a pilot's records in the PRD,
that pilot must apply for access to the PRD in accordance with Sec.
111.305 and provide written consent to the FAA for release of that
pilot's records to the operator, in a form and manner acceptable to the
Administrator.
(b) Provision of consent must include an affirmation that the
employment history of the pilot for five years preceding the date of
consent is accurate and complete. If the pilot finds the employment
history is not complete, the pilot must update the employment history to
list all past employers.
[[Page 20]]
(c) Before an operator submits a request to the NDR for an
individual's motor vehicle driving record for purposes of compliance
with Sec. 111.110, the individual must provide written consent specific
to the NDR search.
Sec. 111.315 Pilot right of review.
(a) Once a pilot has received electronic access in accordance with
Sec. 111.305, the pilot may access the PRD to review all records
pertaining to that pilot.
(b) A pilot who submits written consent to a reviewing entity in
accordance with Sec. 111.310(c) may request a copy of any State motor
vehicle driving records obtained by the reviewing entity in accordance
with Sec. 111.110.
(c) A pilot may review all records contained in the PRD pertaining
to that pilot, without accessing the PRD and without obtaining
electronic access issued in accordance with Sec. 111.305, upon
submission of a form provided by the Administrator to confirm the
pilot's identity.
Sec. 111.320 Reporting errors and requesting corrections.
A pilot who identifies an error or inaccuracy in that pilot's PRD
records must report the error or inaccuracy to the PRD in a form and
manner acceptable to the Administrator.
PARTS 112 116 [RESERVED]
PART 117_FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS:
FLIGHTCREW MEMBERS--Table of Contents
Sec.
117.1 Applicability.
117.3 Definitions.
117.5 Fitness for duty.
117.7 Fatigue risk management system.
117.9 Fatigue education and awareness training program.
117.11 Flight time limitation.
117.13 Flight duty period: Unaugmented operations.
117.15 Flight duty period: Split duty.
117.17 Flight duty period: Augmented flightcrew.
117.19 Flight duty period extensions.
117.21 Reserve status.
117.23 Cumulative limitations.
117.25 Rest period.
117.27 Consecutive nighttime operations.
117.29 Emergency and government sponsored operations.
Table A to Part 117--Maximum Flight Time Limits for Unaugmented
Operations
Table B to Part 117--Flight Duty Period: Unaugmented Operations
Table C to Part 117--Flight Duty Period: Augmented Operations
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 46901, 44903-44904,
44912, 46105.
Source: Docket No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012, unless
otherwise noted.
Sec. 117.1 Applicability.
(a) This part prescribes flight and duty limitations and rest
requirements for all flightcrew members and certificate holders
conducting passenger operations under part 121 of this chapter.
(b) This part applies to all operations directed by part 121
certificate holders under part 91, other than subpart K, of this chapter
if any segment is conducted as a domestic passenger, flag passenger, or
supplemental passenger operation.
(c) This part applies to all flightcrew members when participating
in an operation under part 91, other than subpart K of this chapter, on
behalf of the part 121 certificate holder if any flight segment is
conducted as a domestic passenger, flag passenger, or supplemental
passenger operation
(d) Notwithstanding paragraphs (a), (b) and (c) of this section, a
certificate holder may conduct under part 117 its part 121 operations
pursuant to 121.470, 121.480, or 121.500.
Sec. 117.3 Definitions.
In addition to the definitions in Sec. Sec. 1.1 and 110.2 of this
chapter, the following definitions apply to this part. In the event
there is a conflict in definitions, the definitions in this part control
for purposes of the flight and duty limitations and rest requirements of
this part.
Acclimated means a condition in which a flightcrew member has been
in a theater for 72 hours or has been given at least 36 consecutive
hours free from duty.
Airport/standby reserve means a defined duty period during which a
[[Page 21]]
flightcrew member is required by a certificate holder to be at an
airport for a possible assignment.
Augmented flightcrew means a flightcrew that has more than the
minimum number of flightcrew members required by the airplane type
certificate to operate the aircraft to allow a flightcrew member to be
replaced by another qualified flightcrew member for in-flight rest.
Calendar day means a 24-hour period from 0000 through 2359 using
Coordinated Universal Time or local time.
Certificate holder means a person who holds or is required to hold
an air carrier certificate or operating certificate issued under part
119 of this chapter.
Deadhead transportation means transportation of a flightcrew member
as a passenger or non-operating flightcrew member, by any mode of
transportation, as required by a certificate holder, excluding
transportation to or from a suitable accommodation. All time spent in
deadhead transportation is duty and is not rest. For purposes of
determining the maximum flight duty period in Table B of this part,
deadhead transportation is not considered a flight segment.
Duty means any task that a flightcrew member performs as required by
the certificate holder, including but not limited to flight duty period,
flight duty, pre- and post-flight duties, administrative work, training,
deadhead transportation, aircraft positioning on the ground, aircraft
loading, and aircraft servicing.
Fatigue means a physiological state of reduced mental or physical
performance capability resulting from lack of sleep or increased
physical activity that can reduce a flightcrew member's alertness and
ability to safely operate an aircraft or perform safety-related duties.
Fatigue risk management system (FRMS) means a management system for
a certificate holder to use to mitigate the effects of fatigue in its
particular operations. It is a data-driven process and a systematic
method used to continuously monitor and manage safety risks associated
with fatigue-related error.
Fit for duty means physiologically and mentally prepared and capable
of performing assigned duties at the highest degree of safety.
Flight duty period (FDP) means a period that begins when a
flightcrew member is required to report for duty with the intention of
conducting a flight, a series of flights, or positioning or ferrying
flights, and ends when the aircraft is parked after the last flight and
there is no intention for further aircraft movement by the same
flightcrew member. A flight duty period includes the duties performed by
the flightcrew member on behalf of the certificate holder that occur
before a flight segment or between flight segments without a required
intervening rest period. Examples of tasks that are part of the flight
duty period include deadhead transportation, training conducted in an
aircraft or flight simulator, and airport/standby reserve, if the above
tasks occur before a flight segment or between flight segments without
an intervening required rest period.
Home base means the location designated by a certificate holder
where a flightcrew member normally begins and ends his or her duty
periods.
Lineholder means a flightcrew member who has an assigned flight duty
period and is not acting as a reserve flightcrew member.
Long-call reserve means that, prior to beginning the rest period
required by Sec. 117.25, the flightcrew member is notified by the
certificate holder to report for a flight duty period following the
completion of the rest period.
Physiological night's rest means 10 hours of rest that encompasses
the hours of 0100 and 0700 at the flightcrew member's home base, unless
the individual has acclimated to a different theater. If the flightcrew
member has acclimated to a different theater, the rest must encompass
the hours of 0100 and 0700 at the acclimated location.
Report time means the time that the certificate holder requires a
flightcrew member to report for an assignment.
Reserve availability period means a duty period during which a
certificate holder requires a flightcrew member on short call reserve to
be available to receive an assignment for a flight duty period.
[[Page 22]]
Reserve flightcrew member means a flightcrew member who a
certificate holder requires to be available to receive an assignment for
duty.
Rest facility means a bunk or seat accommodation installed in an
aircraft that provides a flightcrew member with a sleep opportunity.
(1) Class 1 rest facility means a bunk or other surface that allows
for a flat sleeping position and is located separate from both the
flight deck and passenger cabin in an area that is temperature-
controlled, allows the flightcrew member to control light, and provides
isolation from noise and disturbance.
(2) Class 2 rest facility means a seat in an aircraft cabin that
allows for a flat or near flat sleeping position; is separated from
passengers by a minimum of a curtain to provide darkness and some sound
mitigation; and is reasonably free from disturbance by passengers or
flightcrew members.
(3) Class 3 rest facility means a seat in an aircraft cabin or
flight deck that reclines at least 40 degrees and provides leg and foot
support.
Rest period means a continuous period determined prospectively
during which the flightcrew member is free from all restraint by the
certificate holder, including freedom from present responsibility for
work should the occasion arise.
Scheduled means to appoint, assign, or designate for a fixed time.
Short-call reserve means a period of time in which a flightcrew
member is assigned to a reserve availability period.
Split duty means a flight duty period that has a scheduled break in
duty that is less than a required rest period.
Suitable accommodation means a temperature-controlled facility with
sound mitigation and the ability to control light that provides a
flightcrew member with the ability to sleep either in a bed, bunk or in
a chair that allows for flat or near flat sleeping position. Suitable
accommodation only applies to ground facilities and does not apply to
aircraft onboard rest facilities.
Theater means a geographical area in which the distance between the
flightcrew member's flight duty period departure point and arrival point
differs by no more than 60 degrees longitude.
Unforeseen operational circumstance means an unplanned event of
insufficient duration to allow for adjustments to schedules, including
unforecast weather, equipment malfunction, or air traffic delay that is
not reasonably expected.
Window of circadian low means a period of maximum sleepiness that
occurs between 0200 and 0559 during a physiological night.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013]
Sec. 117.5 Fitness for duty.
(a) Each flightcrew member must report for any flight duty period
rested and prepared to perform his or her assigned duties.
(b) No certificate holder may assign and no flightcrew member may
accept assignment to a flight duty period if the flightcrew member has
reported for a flight duty period too fatigued to safely perform his or
her assigned duties.
(c) No certificate holder may permit a flightcrew member to continue
a flight duty period if the flightcrew member has reported him or
herself too fatigued to continue the assigned flight duty period.
(d) As part of the dispatch or flight release, as applicable, each
flightcrew member must affirmatively state he or she is fit for duty
prior to commencing flight.
Sec. 117.7 Fatigue risk management system.
(a) No certificate holder may exceed any provision of this part
unless approved by the FAA under a Fatigue Risk Management System that
provides at least an equivalent level of safety against fatigue-related
accidents or incidents as the other provisions of this part.
(b) The Fatigue Risk Management System must include:
(1) A fatigue risk management policy.
(2) An education and awareness training program.
(3) A fatigue reporting system.
[[Page 23]]
(4) A system for monitoring flightcrew fatigue.
(5) An incident reporting process.
(6) A performance evaluation.
Sec. 117.9 Fatigue education and awareness training program.
(a) Each certificate holder must develop and implement an education
and awareness training program, approved by the Administrator. This
program must provide annual education and awareness training to all
employees of the certificate holder responsible for administering the
provisions of this rule including flightcrew members, dispatchers,
individuals directly involved in the scheduling of flightcrew members,
individuals directly involved in operational control, and any employee
providing direct management oversight of those areas.
(b) The fatigue education and awareness training program must be
designed to increase awareness of:
(1) Fatigue;
(2) The effects of fatigue on pilots; and
(3) Fatigue countermeasures
(c) (1) Each certificate holder must update its fatigue education
and awareness training program every two years and submit the update to
the Administrator for review and acceptance.
(2) Not later than 12 months after the date of submission of the
fatigue education and awareness training program required by (c)(1) of
this section, the Administrator shall review and accept or reject the
update. If the Administrator rejects an update, the Administrator shall
provide suggested modifications for resubmission of the update.
Sec. 117.11 Flight time limitation.
(a) No certificate holder may schedule and no flightcrew member may
accept an assignment or continue an assigned flight duty period if the
total flight time:
(1) Will exceed the limits specified in Table A of this part if the
operation is conducted with the minimum required flightcrew.
(2) Will exceed 13 hours if the operation is conducted with a 3-
pilot flightcrew.
(3) Will exceed 17 hours if the operation is conducted with a 4-
pilot flightcrew.
(b) If unforeseen operational circumstances arise after takeoff that
are beyond the certificate holder's control, a flightcrew member may
exceed the maximum flight time specified in paragraph (a) of this
section and the cumulative flight time limits in 117.23(b) to the extent
necessary to safely land the aircraft at the next destination airport or
alternate, as appropriate.
(c) Each certificate holder must report to the Administrator within
10 days any flight time that exceeded the maximum flight time limits
permitted by this section or Sec. 117.23(b). The report must contain a
description of the extended flight time limitation and the circumstances
surrounding the need for the extension.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1, 78 FR
8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013]
Sec. 117.13 Flight duty period: Unaugmented operations.
(a) Except as provided for in Sec. 117.15, no certificate holder
may assign and no flightcrew member may accept an assignment for an
unaugmented flight operation if the scheduled flight duty period will
exceed the limits in Table B of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table B of this part is
reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at
the theater in which the flightcrew member was last acclimated.
Sec. 117.15 Flight duty period: Split duty.
For an unaugmented operation only, if a flightcrew member is
provided with a rest opportunity (an opportunity to sleep) in a suitable
accommodation during his or her flight duty period, the time that the
flightcrew member spends in the suitable accommodation is not part of
that flightcrew member's flight duty period if all of the following
conditions are met:
(a) The rest opportunity is provided between the hours of 22:00 and
05:00 local time.
[[Page 24]]
(b) The time spent in the suitable accommodation is at least 3
hours, measured from the time that the flightcrew member reaches the
suitable accommodation.
(c) The rest opportunity is scheduled before the beginning of the
flight duty period in which that rest opportunity is taken.
(d) The rest opportunity that the flightcrew member is actually
provided may not be less than the rest opportunity that was scheduled.
(e) The rest opportunity is not provided until the first segment of
the flight duty period has been completed.
(f) The combined time of the flight duty period and the rest
opportunity provided in this section does not exceed 14 hours.
Sec. 117.17 Flight duty period: Augmented flightcrew.
(a) For flight operations conducted with an acclimated augmented
flightcrew, no certificate holder may assign and no flightcrew member
may accept an assignment if the scheduled flight duty period will exceed
the limits specified in Table C of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table C of this part is
reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at
the theater in which the flightcrew member was last acclimated.
(c) No certificate holder may assign and no flightcrew member may
accept an assignment under this section unless during the flight duty
period:
(1) Two consecutive hours in the second half of the flight duty
period are available for in-flight rest for the pilot flying the
aircraft during landing.
(2) Ninety consecutive minutes are available for in-flight rest for
the pilot performing monitoring duties during landing.
(d) No certificate holder may assign and no flightcrew member may
accept an assignment involving more than three flight segments under
this section.
(e) At all times during flight, at least one flightcrew member
qualified in accordance with Sec. 121.543(b)(3)(i) of this chapter must
be at the flight controls.
Sec. 117.19 Flight duty period extensions.
(a) For augmented and unaugmented operations, if unforeseen
operational circumstances arise prior to takeoff:
(1) The pilot in command and the certificate holder may extend the
maximum flight duty period permitted in Tables B or C of this part up to
2 hours. The pilot in command and the certificate holder may also extend
the maximum combined flight duty period and reserve availability period
limits specified in Sec. 117.21(c)(3) and (4) of this part up to 2
hours.
(2) An extension in the flight duty period under paragraph (a)(1) of
this section of more than 30 minutes may occur only once prior to
receiving a rest period described in Sec. 117.25(b).
(3) A flight duty period cannot be extended under paragraph (a)(1)
of this section if it causes a flightcrew member to exceed the
cumulative flight duty period limits specified in 117.23(c).
(4) Each certificate holder must report to the Administrator within
10 days any flight duty period that exceeded the maximum flight duty
period permitted in Tables B or C of this part by more than 30 minutes.
The report must contain the following:
(i) A description of the extended flight duty period and the
circumstances surrounding the need for the extension; and
(ii) If the circumstances giving rise to the extension were within
the certificate holder's control, the corrective action(s) that the
certificate holder intends to take to minimize the need for future
extensions.
(5) Each certificate holder must implement the corrective action(s)
reported in paragraph (a)(4) of this section within 30 days from the
date of the extended flight duty period.
(b) For augmented and unaugmented operations, if unforeseen
operational circumstances arise after takeoff:
(1) The pilot in command and the certificate holder may extend
maximum flight duty periods specified in Tables B or C of this part to
the extent necessary to safely land the aircraft at the next destination
airport or alternate airport, as appropriate.
[[Page 25]]
(2) An extension of the flight duty period under paragraph (b)(1) of
this section of more than 30 minutes may occur only once prior to
receiving a rest period described in Sec. 117.25(b).
(3) An extension taken under paragraph (b) of this section may
exceed the cumulative flight duty period limits specified in 117.23(c).
(4) Each certificate holder must report to the Administrator within
10 days any flight duty period that either exceeded the cumulative
flight duty periods specified in Sec. 117.23(c), or exceeded the
maximum flight duty period limits permitted by Tables B or C of this
part by more than 30 minutes. The report must contain a description of
the circumstances surrounding the affected flight duty period.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288,
Nov. 19, 2013]
Sec. 117.21 Reserve status.
(a) Unless specifically designated as airport/standby or short-call
reserve by the certificate holder, all reserve is considered long-call
reserve.
(b) Any reserve that meets the definition of airport/standby reserve
must be designated as airport/standby reserve. For airport/standby
reserve, all time spent in a reserve status is part of the flightcrew
member's flight duty period.
(c) For short call reserve,
(1) The reserve availability period may not exceed 14 hours.
(2) For a flightcrew member who has completed a reserve availability
period, no certificate holder may schedule and no flightcrew member may
accept an assignment of a reserve availability period unless the
flightcrew member receives the required rest in Sec. 117.25(e).
(3) For an unaugmented operation, the total number of hours a
flightcrew member may spend in a flight duty period and a reserve
availability period may not exceed the lesser of the maximum applicable
flight duty period in Table B of this part plus 4 hours, or 16 hours, as
measured from the beginning of the reserve availability period.
(4) For an augmented operation, the total number of hours a
flightcrew member may spend in a flight duty period and a reserve
availability period may not exceed the flight duty period in Table C of
this part plus 4 hours, as measured from the beginning of the reserve
availability period.
(d) For long call reserve, if a certificate holder contacts a
flightcrew member to assign him or her to a flight duty period that will
begin before and operate into the flightcrew member's window of
circadian low, the flightcrew member must receive a 12 hour notice of
report time from the certificate holder.
(e) A certificate holder may shift a reserve flightcrew member's
reserve status from long-call to short-call only if the flightcrew
member receives a rest period as provided in Sec. 117.25(e).
Sec. 117.23 Cumulative limitations.
(a) The limitations of this section include all flying by flightcrew
members on behalf of any certificate holder or 91K Program Manager
during the applicable periods.
(b) No certificate holder may schedule and no flightcrew member may
accept an assignment if the flightcrew member's total flight time will
exceed the following:
(1) 100 hours in any 672 consecutive hours or
(2) 1,000 hours in any 365 consecutive calendar day period.
(c) No certificate holder may schedule and no flightcrew member may
accept an assignment if the flightcrew member's total Flight Duty Period
will exceed:
(1) 60 flight duty period hours in any 168 consecutive hours or
(2) 190 flight duty period hours in any 672 consecutive hours.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013]
Sec. 117.25 Rest period.
(a) No certificate holder may assign and no flightcrew member may
accept assignment to any reserve or duty with the certificate holder
during any required rest period.
(b) Before beginning any reserve or flight duty period a flightcrew
member must be given at least 30 consecutive hours free from all duty
within the past 168 consecutive hour period.
[[Page 26]]
(c) If a flightcrew member operating in a new theater has received
36 consecutive hours of rest, that flightcrew member is acclimated and
the rest period meets the requirements of paragraph (b) of this section.
(d) A flightcrew member must be given a minimum of 56 consecutive
hours rest upon return to home base if the flightcrew member: (1)
Travels more than 60[deg] longitude during a flight duty period or a
series of flight duty period, and (2) is away from home base for more
than 168 consecutive hours during this travel. The 56 hours of rest
specified in this section must encompass three physiological nights'
rest based on local time.
(e) No certificate holder may schedule and no flightcrew member may
accept an assignment for any reserve or flight duty period unless the
flightcrew member is given a rest period of at least 10 consecutive
hours immediately before beginning the reserve or flight duty period
measured from the time the flightcrew member is released from duty. The
10 hour rest period must provide the flightcrew member with a minimum of
8 uninterrupted hours of sleep opportunity.
(f) If a flightcrew member determines that a rest period under
paragraph (e) of this section will not provide eight uninterrupted hours
of sleep opportunity, the flightcrew member must notify the certificate
holder. The flightcrew member cannot report for the assigned flight duty
period until he or she receives a rest period specified in paragraph (e)
of this section.
(g) If a flightcrew member engaged in deadhead transportation
exceeds the applicable flight duty period in Table B of this part, the
flightcrew member must be given a rest period equal to the length of the
deadhead transportation but not less than the required rest in paragraph
(e) of this section before beginning a flight duty period.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013]
Sec. 117.27 Consecutive nighttime operations.
A certificate holder may schedule and a flightcrew member may accept
up to five consecutive flight duty periods that infringe on the window
of circadian low if the certificate holder provides the flightcrew
member with an opportunity to rest in a suitable accommodation during
each of the consecutive nighttime flight duty periods. The rest
opportunity must be at least 2 hours, measured from the time that the
flightcrew member reaches the suitable accommodation, and must comply
with the conditions specified in Sec. 117.15(a), (c), (d), and (e).
Otherwise, no certificate holder may schedule and no flightcrew member
may accept more than three consecutive flight duty periods that infringe
on the window of circadian low. For purposes of this section, any split
duty rest that is provided in accordance with Sec. 117.15 counts as
part of a flight duty period.
Sec. 117.29 Emergency and government sponsored operations.
(a) This section applies to operations conducted pursuant to
contracts with the U.S. Government and operations conducted pursuant to
a deviation under Sec. 119.57 of this chapter that cannot otherwise be
conducted under this part because of circumstances that could prevent
flightcrew members from being relieved by another crew or safely
provided with the rest required under Sec. 117.25 at the end of the
applicable flight duty period.
(b) The pilot-in-command may determine that the maximum applicable
flight duty period, flight time, and/or combined flight duty period and
reserve availability period limits must be exceeded to the extent
necessary to allow the flightcrew to fly to the closest destination
where they can safely be relieved from duty by another flightcrew or can
receive the requisite amount of rest prior to commencing their next
flight duty period.
(c) A flight duty period may not be extended for an operation
conducted pursuant to a contract with the U.S. Government if it causes a
flightcrew member to exceed the cumulative flight time limits in Sec.
117.23(b) and the cumulative flight duty period limits in Sec.
117.23(c).
(d) The flightcrew shall be given a rest period immediately after
reaching the destination described in paragraph (b) of this section
equal to the length
[[Page 27]]
of the actual flight duty period or 24 hours, whichever is less.
(e) Each certificate holder must report within 10 days:
(1) Any flight duty period that exceeded the maximum flight duty
period permitted in Tables B or C of this part, as applicable, by more
than 30 minutes;
(2) Any flight time that exceeded the maximum flight time limits
permitted in Table A of this part and Sec. 117.11, as applicable; and
(3) Any flight duty period or flight time that exceeded the
cumulative limits specified in Sec. 117.23.
(f) The report must contain the following:
(1) A description of the extended flight duty period and flight time
limitation, and the circumstances surrounding the need for the
extension; and
(2) If the circumstances giving rise to the extension(s) were within
the certificate holder's control, the corrective action(s) that the
certificate holder intends to take to minimize the need for future
extensions.
(g) Each certificate holder must implement the corrective action(s)
reported pursuant to paragraph (f)(2) of this section within 30 days
from the date of the extended flight duty period and/or the extended
flight time.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288,
Nov. 19, 2013]
Sec. Table A to Part 117--Maximum Flight Time Limits for Unaugmented
Operations Table
------------------------------------------------------------------------
Maximum
Time of report (acclimated) flight time
(hours)
------------------------------------------------------------------------
0000-0459................................................. 8
0500-1959................................................. 9
2000-2359................................................. 8
------------------------------------------------------------------------
Table B to Part 117--Flight Duty Period: Unaugmented Operations
----------------------------------------------------------------------------------------------------------------
Maximum flight duty period (hours) for lineholders based on
number of flight segments
Scheduled time of start (acclimated time) --------------------------------------------------------------
1 2 3 4 5 6 7 +
----------------------------------------------------------------------------------------------------------------
0000-0359........................................ 9 9 9 9 9 9 9
0400-0459........................................ 10 10 10 10 9 9 9
0500-0559........................................ 12 12 12 12 11.5 11 10.5
0600-0659........................................ 13 13 12 12 11.5 11 10.5
0700-1159........................................ 14 14 13 13 12.5 12 11.5
1200-1259........................................ 13 13 13 13 12.5 12 11.5
1300-1659........................................ 12 12 12 12 11.5 11 10.5
1700-2159........................................ 12 12 11 11 10 9 9
2200-2259........................................ 11 11 10 10 9 9 9
2300-2359........................................ 10 10 10 9 9 9 9
----------------------------------------------------------------------------------------------------------------
Sec. Table C to Part 117--Flight Duty Period: Augmented Operations
----------------------------------------------------------------------------------------------------------------
Maximum flight duty period (hours) based on rest facility and
number of pilots
-----------------------------------------------------------------
Scheduled time of start (acclimated time) Class 1 rest Class 2 rest Class 3 rest
facility facility facility
-----------------------------------------------------------------
3 pilots 4 pilots 3 pilots 4 pilots 3 pilots 4 pilots
----------------------------------------------------------------------------------------------------------------
0000-0559..................................... 15 17 14 15.5 13 13.5
0600-0659..................................... 16 18.5 15 16.5 14 14.5
0700-1259..................................... 17 19 16.5 18 15 15.5
1300-1659..................................... 16 18.5 15 16.5 14 14.5
1700-2359..................................... 15 17 14 15.5 13 13.5
----------------------------------------------------------------------------------------------------------------
[[Page 28]]
PART 118 [RESERVED]
PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--
Table of Contents
Subpart A_General
Sec.
119.1 Applicability.
119.3 [Reserved]
119.5 Certifications, authorizations, and prohibitions.
119.7 Operations specifications.
119.8 Safety Management Systems.
119.9 Use of business names.
Subpart B_Applicability of Operating Requirements to Different Kinds of
Operations Under Parts 121, 125, and 135 of This Chapter
119.21 Commercial operators engaged in intrastate common carriage and
direct air carriers.
119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not
involved.
119.25 Rotorcraft operations: Direct air carriers and commercial
operators.
Subpart C_Certification, Operations Specifications, and Certain Other
Requirements for Operations Conducted Under Part 121 or Part 135 of This
Chapter
119.31 Applicability.
119.33 General requirements.
119.35 Certificate application requirements for all operators.
119.36 Additional certificate application requirements for commercial
operators.
119.37 Contents of an Air Carrier Certificate or Operating Certificate.
119.39 Issuing or denying a certificate.
119.41 Amending a certificate.
119.43 Certificate holder's duty to maintain operations specifications.
119.45 [Reserved]
119.47 Maintaining a principal base of operations, main operations base,
and main maintenance base; change of address.
119.49 Contents of operations specifications.
119.51 Amending operations specifications.
119.53 Wet leasing of aircraft and other arrangements for transportation
by air.
119.55 Obtaining deviation authority to perform operations under a U.S.
military contract.
119.57 Obtaining deviation authority to perform an emergency operation.
119.59 Conducting tests and inspections.
119.61 Duration and surrender of certificate and operations
specifications.
119.63 Recency of operation.
119.65 Management personnel required for operations conducted under part
121 of this chapter.
119.67 Management personnel: Qualifications for operations conducted
under part 121 of this chapter.
119.69 Management personnel required for operations conducted under part
135 of this chapter.
119.71 Management personnel: Qualifications for operations conducted
under part 135 of this chapter.
119.73 Employment of former FAA employees.
Authority: Pub. L. 111-216, sec. 215 (August 1, 2010); 49 U.S.C.
106(f), 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111,
44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936,
44938, 46103, 46105.
Source: Docket No. 28154, 60 FR 65913, Dec. 20, 1995, unless
otherwise noted.
Subpart A_General
Sec. 119.1 Applicability.
(a) This part applies to each person operating or intending to
operate civil aircraft--
(1) As an air carrier or commercial operator, or both, in air
commerce; or
(2) When common carriage is not involved, in operations of U.S.-
registered civil airplanes with a seat configuration of 20 or more
passengers, or a maximum payload capacity of 6,000 pounds or more.
(b) This part prescribes--
(1) The types of air operator certificates issued by the Federal
Aviation Administration, including air carrier certificates and
operating certificates;
(2) The certification requirements an operator must meet in order to
obtain and hold a certificate authorizing operations under part 121,
125, or 135 of this chapter and operations specifications for each kind
of operation to be conducted and each class and size of aircraft to be
operated under part 121 or 135 of this chapter;
(3) The requirements an operator must meet to conduct operations
under 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;
[[Page 29]]
(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 responsible Flight Standards office
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;
(10) Operations conducted under the provisions of Sec. 91.321 of
this chapter; or
(11) Small UAS operations conducted under part 107 of this chapter.
[Doc. 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; Docket
FAA-2015-0150, Amdt. 119-18, 81 FR 42214, June 28, 2016; Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
Sec. 119.3 [Reserved]
Sec. 119.5 Certifications, authorizations, and prohibitions.
(a) A person authorized by the Administrator to conduct operations
as a
[[Page 30]]
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.
(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. 119.8 Safety Management Systems.
(a) Certificate holders authorized to conduct operations under part
121 of this chapter must have a safety management system that meets the
requirements of part 5 of this chapter and is acceptable to the
Administrator by March 9, 2018.
(b) A person applying to the Administrator for an air carrier
certificate or
[[Page 31]]
operating certificate to conduct operations under part 121 of this
chapter after March 9, 2015, must demonstrate, as part of the
application process under Sec. 119.35, that it has an SMS that meets
the standards set forth in part 5 of this chapter and is acceptable to
the Administrator.
[Doc. No. FAA-2009-0671, 80 FR 1328, Jan. 8, 2015]
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.
(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
[[Page 32]]
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
(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
[[Page 33]]
(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
responsible Flight Standards office.
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns 5 percent or
more of the total voting stock of the corporation, and if that
stockholder is not the sole beneficial owner of the stock, the name and
address of each beneficial owner. An individual is considered to own the
stock owned, directly or indirectly, by or for his or her spouse,
children, grandchildren, or parents.
(ii) The name and address of each director and each officer and each
person employed or who will be employed in a management position
described in Sec. Sec. 119.65 and 119.69, as applicable.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant and each person under direct
or indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest
therein and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be
employed in a management position described in Sec. Sec. 119.65 and
119.69, as applicable.
(c) In addition, each applicant for the original issue of an
operating certificate under paragraph (a) of this section must submit
with the application a signed statement showing--
(1) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide services as a commercial operator and the scope,
nature, date, and duration of each of those contracts; and
(2) For applicants intending to conduct operations under part 121 of
this chapter, the financial information listed in paragraph (e) of this
section.
(d) Each applicant for, or holder of, a certificate issued under
paragraph (a) of this section, shall notify the Administrator within 10
days after--
[[Page 34]]
(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 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,
as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5,
2018]
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;
[[Page 35]]
(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 responsible Flight Standards
office.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
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
responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight
Standards office in the form and manner prescribed by the Administrator.
(d) When a certificate holder seeks reconsideration of a decision
from the responsible Flight Standards 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
[[Page 36]]
(2) The certificate holder must petition for reconsideration to the
Executive Director, Flight Standards Service.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
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 responsible Flight Standards office.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
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 37]]
(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).
(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 38]]
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.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-10,
70 FR 58823, Oct. 7, 2005; Amdt. 119-13, 75 FR 26645, May 12, 2010]
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 responsible Flight Standards office notifies the certificate
holder in writing of the proposed amendment.
(2) The responsible Flight Standards 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 responsible Flight
Standards 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 responsible Flight Standards 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 responsible Flight Standards 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. 110.2; 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 responsible Flight
Standards office in a form and manner prescribed by the Administrator.
(3) After considering all material presented, the responsible Flight
Standards office notifies the certificate holder of--
[[Page 39]]
(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 responsible Flight Standards 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 responsible Flight Standards 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
Executive 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
responsible Flight Standards office unless the responsible Flight
Standards 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 responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight
Standards 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.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14,
76 FR 7488, Feb. 10, 2011; Docket FAA-2018-0119, Amdt. 119-19, 83 FR
9172, Mar. 5, 2018]
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
[[Page 40]]
which such operational control is exercised.
(d) In making the determination of paragraph (c) of this section,
the Administrator will consider the following:
(1) Crewmembers and training.
(2) Airworthiness and performance of maintenance.
(3) Dispatch.
(4) Servicing the aircraft.
(5) Scheduling.
(6) Any other factor the Administrator considers relevant.
(e) Other arrangements for transportation by air: Except as provided
in paragraph (f) of this section, a certificate holder under this part
operating under part 121 or 135 of this chapter may not conduct any
operation for another certificate holder under this part or a foreign
air carrier under part 129 of this chapter or a foreign person engaged
in common carriage wholly outside the United States unless it holds
applicable Department of Transportation economic authority, if required,
and is authorized under its operations specifications to conduct the
same kinds of operations (as defined in Sec. 110.2). 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.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14,
76 FR 7488, Feb. 10, 2011]
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 117, 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.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-16,
77 FR 402, Jan. 4, 2012]
[[Page 41]]
Sec. 119.57 Obtaining deviation authority to perform an emergency operation.
(a) In emergency conditions, the Administrator may authorize
deviations if--
(1) Those conditions necessitate the transportation of persons or
supplies for the protection of life or property; and
(2) The Administrator finds that a deviation is necessary for the
expeditious conduct of the operations.
(b) When the Administrator authorizes deviations for operations
under emergency conditions--
(1) The Administrator will issue an appropriate amendment to the
certificate holder's operations specifications; or
(2) If the nature of the emergency does not permit timely amendment
of the operations specifications--
(i) The Administrator may authorize the deviation orally; and
(ii) The certificate holder shall provide documentation describing
the nature of the emergency to the responsible Flight Standards office
within 24 hours after completing the operation.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
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.
[[Page 42]]
(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
responsible Flight Standards office.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
Sec. 119.63 Recency of operation.
(a) Except as provided in paragraph (b) of this section, no
certificate holder may conduct a kind of operation for which it holds
authority in its operations specifications unless the certificate holder
has conducted that kind of operation within the preceding number of
consecutive calendar days specified in this paragraph:
(1) For domestic, flag, or commuter operations--30 days.
(2) For supplemental or on-demand operations--90 days, except that
if the certificate holder has authority to conduct domestic, flag, or
commuter operations, and has conducted domestic, flag or commuter
operations within the previous 30 days, this paragraph does not apply.
(b) If a certificate holder does not conduct a kind of operation for
which it is authorized in its operations specifications within the
number of calendar days specified in paragraph (a) of this section, it
shall not conduct such kind of operation unless--
(1) It advises the Administrator at least 5 consecutive calendar
days before resumption of that kind of operation; and
(2) It makes itself available and accessible during the 5
consecutive calendar day period in the event that the FAA decides to
conduct a full inspection reexamination to determine whether the
certificate holder remains properly and adequately equipped and able to
conduct a safe operation.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996]
Sec. 119.65 Management personnel required for operations conducted
under part 121 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the highest degree of
safety in its operations. The certificate holder must have qualified
personnel serving full-time in the following or equivalent positions:
(1) Director of Safety.
(2) Director of Operations.
(3) Chief Pilot.
(4) Director of Maintenance.
(5) Chief Inspector.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can perform
the operation with the highest degree of safety under the direction of
fewer or different categories of management personnel due to--
(1) The kind of operation involved;
(2) The number and type of airplanes used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following materials with respect to the certificate
holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) 14 CFR Chapter I (Federal Aviation Regulations);
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of
this chapter); and
(v) The manual required by Sec. 121.133 of this chapter; and
(3) Discharge their duties to meet applicable legal requirements and
to maintain safe operations.
(e) Each certificate holder must:
[[Page 43]]
(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 responsible Flight Standards office within 10 days of
any change in personnel or any vacancy in any position listed.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
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;
[[Page 44]]
(2) Have at least 3 years of maintenance experience on different
types of large airplanes with 10 or more passenger seats with an air
carrier or certificated repair station, 1 year of which must have been
as maintenance inspector; and
(3) Have at least 1 year of experience in a supervisory capacity
maintaining the same category and class of aircraft as the certificate
holder uses.
(e) A certificate holder may request a deviation to employ a person
who does not meet the appropriate airman experience, managerial
experience, or supervisory experience requirements of this section if
the Manager of the Air Transportation Division, AFS-200, or the Manager
of the Aircraft Maintenance Division, AFS-300, as appropriate, finds
that the person has comparable experience, and can effectively perform
the functions associated with the position in accordance with the
requirements of this chapter and the procedures outlined in the
certificate holder's manual. Grants of deviation under this paragraph
may be granted after consideration of the size and scope of the
operation and the qualifications of the intended personnel. The
Administrator may, at any time, terminate any grant of deviation
authority issued under this paragraph.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996; Amdt. 119-3, 62 FR 13255, Mar. 19, 1997]
Sec. 119.69 Management personnel required for operations conducted
under part 135 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the safety of its
operations. Except for a certificate holder using only one pilot in its
operations, the certificate holder must have qualified personnel serving
in the following or equivalent positions:
(1) Director of Operations.
(2) Chief Pilot.
(3) Director of Maintenance.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can perform
the operation with the highest degree of safety under the direction of
fewer or different categories of management personnel due to--
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following material with respect to the certificate
holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) 14 CFR Chapter I (Federal Aviation Regulations);
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of
this chapter); and
(v) The manual required by Sec. 135.21 of this chapter; and
(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 responsible Flight Standards office within 10 days of
any change in personnel or any vacancy in any position listed.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-
2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]
[[Page 45]]
Sec. 119.71 Management personnel: Qualifications for operations
conducted under part 135 of this chapter.
(a) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder conducting any operations for which the pilot in
command is required to hold an airline transport pilot certificate a
person must hold an airline transport pilot certificate and either:
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational control
over any operations conducted under part 121 or part 135 of this
chapter; or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience, as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(b) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder that only conducts operations for which the pilot in
command is required to hold a commercial pilot certificate, a person
must hold at least a commercial pilot certificate. If an instrument
rating is required for any pilot in command for that certificate holder,
the Director of Operations must also hold an instrument rating. In
addition, the Director of Operations must either--
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational control
over any operations conducted under part 121 or part 135 of this
chapter; or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(c) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder conducting any operation for which the pilot in command is
required to hold an airline transport pilot certificate a person must
hold an airline transport pilot certificate with appropriate ratings and
be qualified to serve as pilot in command in at least one aircraft used
in the certificate holder's operation and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years, as
pilot in command of an aircraft operated under part 121 or part 135 of
this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience as pilot in command of an
aircraft operated under part 121 or part 135 of this chapter.
(d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder that only conducts operations for which the pilot in command is
required to hold a commercial pilot certificate, a person must hold at
least a commercial pilot certificate. If an instrument rating is
required for any pilot in command for that certificate holder, the Chief
Pilot must also hold an instrument rating. The Chief Pilot must be
qualified to serve as pilot in command in at least one aircraft used in
the certificate holder's operation. In addition, the Chief Pilot must:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the 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
[[Page 46]]
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 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]
Sec. 119.73 Employment of former FAA employees.
(a) Except as specified in paragraph (c) of this section, no
certificate holder conducting operations under part 121 or 135 of this
chapter may knowingly employ or make a contractual arrangement which
permits an individual to act as an agent or representative of the
certificate holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2 years--
(1) Served as, or was directly responsible for the oversight of, a
Flight Standards Service aviation safety inspector; and
(2) Had direct responsibility to inspect, or oversee the inspection
of, the operations of the certificate holder.
(b) For the purpose of this section, an individual shall be
considered to be acting as an agent or representative of a certificate
holder in a matter before the agency if the individual makes any written
or oral communication on behalf of the certificate holder to the agency
(or any of its officers or employees) in connection with a particular
matter, whether or not involving a specific party and without regard to
whether the individual has participated in, or had responsibility for,
the particular matter while serving as a Flight Standards Service
aviation safety inspector.
(c) The provisions of this section do not prohibit a certificate
holder from knowingly employing or making a contractual arrangement
which permits an individual to act as an agent or representative of the
certificate holder in any matter before the Federal Aviation
Administration if the individual was employed by the certificate holder
before October 21, 2011.
[Doc. No. FAA-2008-1154, 76 FR 52235, Aug. 22, 2011]
PART 120_DRUG AND ALCOHOL TESTING PROGRAM--Table of Contents
Subpart A_General
Sec.
120.1 Applicability.
120.3 Purpose.
120.5 Procedures.
120.7 Definitions.
Subpart B_Individuals Certificated Under Parts 61, 63, and 65
120.11 Refusal to submit to a drug or alcohol test by a Part 61
certificate holder.
120.13 Refusal to submit to a drug or alcohol test by a Part 63
certificate holder.
120.15 Refusal to submit to a drug or alcohol test by a Part 65
certificate holder.
Subpart C_Air Traffic Controllers
120.17 Use of prohibited drugs.
120.19 Misuse of alcohol.
120.21 Testing for alcohol.
Subpart D_Part 119 Certificate Holders Authorized To Conduct Operations
Under Part 121 or Part 135 or Operators Under 91.147 of This Chapter
and Safety-Sensitive Employees
120.31 Prohibited drugs.
120.33 Use of prohibited drugs.
120.35 Testing for prohibited drugs.
120.37 Misuse of alcohol.
120.39 Testing for alcohol.
[[Page 47]]
Subpart E_Drug Testing Program Requirements
120.101 Scope.
120.103 General.
120.105 Employees who must be tested.
120.107 Substances for which testing must be conducted.
120.109 Types of drug testing required.
120.111 Administrative and other matters.
120.113 Medical Review Officer, Substance Abuse Professional, and
employer responsibilities.
120.115 Employee Assistance Program (EAP).
120.117 Implementing a drug testing program.
120.119 Annual reports.
120.121 Preemption.
120.123 Drug testing outside of the territory of the United States.
120.125 Waivers from 49 CFR 40.21.
Subpart F_Alcohol Testing Program Requirements
120.201 Scope.
120.203 General.
120.205 Preemption of State and local laws.
120.207 Other requirements imposed by employers.
120.209 Requirement for notice.
120.211 Applicable Federal regulations.
120.213 Falsification.
120.215 Covered employees.
120.217 Tests required.
120.219 Handling of test results, record retention, and confidentiality.
120.221 Consequences for employees engaging in alcohol-related conduct.
120.223 Alcohol misuse information, training, and substance abuse
professionals.
120.225 How to implement an alcohol testing program.
120.227 Employees located outside the U.S.
Authority: 49 U.S.C. 106(f), 106(g), 40101-40103, 40113, 40120,
41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-
45105, 46105, 46306.
Source: Docket No. FAA-2008-0937, 74 FR 22653, May 14, 2009, unless
otherwise noted.
Subpart A_General
Sec. 120.1 Applicability.
This part applies to the following persons:
(a) All air carriers and operators certificated under part 119 of
this chapter authorized to conduct operations under part 121 or part 135
of this chapter, all air traffic control facilities not operated by the
FAA or by or under contract to the U.S. military; and all operators as
defined in 14 CFR 91.147.
(b) All individuals who perform, either directly or by contract, a
safety-sensitive function listed in subpart E or subpart F of this part.
(c) All part 145 certificate holders who perform safety-sensitive
functions and elect to implement a drug and alcohol testing program
under this part.
(d) All contractors who elect to implement a drug and alcohol
testing program under this part.
Sec. 120.3 Purpose.
The purpose of this part is to establish a program designed to help
prevent accidents and injuries resulting from the use of prohibited
drugs or the misuse of alcohol by employees who perform safety-sensitive
functions in aviation.
Sec. 120.5 Procedures.
Each employer having a drug and alcohol testing program under this
part must ensure that all drug and alcohol testing conducted pursuant to
this part complies with the procedures set forth in 49 CFR part 40.
Sec. 120.7 Definitions.
For the purposes of this part, the following definitions apply:
(a) Accident means an occurrence associated with the operation of an
aircraft which takes place between the time any individual boards the
aircraft with the intention of flight and all such individuals have
disembarked, and in which any individual suffers death or serious
injury, or in which the aircraft receives substantial damage.
(b) Alcohol means the intoxicating agent in beverage alcohol, ethyl
alcohol, or other low molecular weight alcohols, including methyl or
isopropyl alcohol.
(c) 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 subpart F of this
part.
(d) Alcohol use means the consumption of any beverage, mixture, or
preparation, including any medication, containing alcohol.
[[Page 48]]
(e) Contractor is an individual or company that performs a safety-
sensitive function by contract for an employer or another contractor.
(f) Covered employee means an individual who performs, either
directly or by contract, a safety-sensitive function listed in
Sec. Sec. 120.105 and 120.215 for an employer (as defined in paragraph
(i) of this section). For purposes of pre-employment testing only, the
term ``covered employee'' includes an individual applying to perform a
safety-sensitive function.
(g) DOT agency means an agency (or ``operating administration'') of
the United States Department of Transportation administering regulations
requiring drug and alcohol testing (14 CFR parts 61, 65, 121, and 135;
46 CFR part 16; 49 CFR parts 199, 219, and 382) in accordance with 49
CFR part 40.
(h) Employee is an individual who is hired, either directly or by
contract, to perform a safety-sensitive function for an employer, as
defined in paragraph (i) of this section. An employee is also an
individual who transfers into a position to perform a safety-sensitive
function for an employer.
(i) Employer is a part 119 certificate holder with authority to
operate under parts 121 and/or 135 of this chapter, 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 drug and alcohol testing program to
perform a safety-sensitive function only if that contract employee is
included under the contractor's FAA-mandated drug and alcohol testing
program and is performing a safety-sensitive function on behalf of that
contractor (i.e. , within the scope of employment with the contractor.)
(j) 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.
(k) 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.
(l) Positive rate for random drug testing means the number of
verified positive results for random drug tests conducted under subpart
E of this part, plus the number of refusals of random drug tests
required by subpart E of this part, divided by the total number of
random drug test results (i.e., positives, negatives, and refusals)
under subpart E of this part.
(m) Prohibited drug means any of the drugs specified in 49 CFR part
40.
(n) Refusal to submit to alcohol test 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 subpart F of this part.
(o) Refusal to submit to drug test means that an employee engages in
conduct including but not limited to that described in 49 CFR 40.191.
(p) Safety-sensitive function means a function listed in Sec. Sec.
120.105 and 120.215.
(q) 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.
(r) 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.
(s) Violation rate for random alcohol testing means the number of
0.04, and above, random alcohol confirmation test results conducted
under subpart F of this part, plus the number of refusals of random
alcohol tests required by subpart F of this part, divided by the total
number of random alcohol screening tests (including refusals) conducted
under subpart F of this part.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010; 84 FR 16773, Apr. 23, 2019]
[[Page 49]]
Subpart B_Individuals Certificated Under Parts 61, 63, and 65
Sec. 120.11 Refusal to submit to a drug or alcohol test by a Part 61
certificate holder.
(a) This section applies to all individuals who hold a certificate
under part 61 of this chapter and who are subject to drug and alcohol
testing under this part.
(b) Refusal by the holder of a certificate issued under part 61 of
this chapter to take a drug or alcohol test required under the
provisions of this part is grounds for:
(1) Denial of an application for any certificate, rating, or
authorization issued under part 61 of this chapter for a period of up to
1 year after the date of such refusal; and
(2) Suspension or revocation of any certificate, rating, or
authorization issued under part 61 of this chapter.
Sec. 120.13 Refusal to submit to a drug or alcohol test by a Part 63
certificate holder.
(a) This section applies to all individuals who hold a certificate
under part 63 of this chapter and who are subject to drug and alcohol
testing under this part.
(b) Refusal by the holder of a certificate issued under part 63 of
this chapter to take a drug or alcohol test required under the
provisions of this part is grounds for:
(1) Denial of an application for any certificate or rating issued
under part 63 of this chapter for a period of up to 1 year after the
date of such refusal; and
(2) Suspension or revocation of any certificate or rating issued
under part 63 of this chapter.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010]
Sec. 120.15 Refusal to submit to a drug or alcohol test by a Part 65
certificate holder.
(a) This section applies to all individuals who hold a certificate
under part 65 of this chapter and who are subject to drug and alcohol
testing under this part.
(b) Refusal by the holder of a certificate issued under part 65 of
this chapter to take a drug or alcohol test required under the
provisions of this part is grounds for:
(1) Denial of an application for any certificate or rating issued
under part 65 of this chapter for a period of up to 1 year after the
date of such refusal; and
(2) Suspension or revocation of any certificate or rating issued
under part 65 of this chapter.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010]
Subpart C_Air Traffic Controllers
Sec. 120.17 Use of prohibited drugs.
(a) Each employer shall provide each employee performing a function
listed in subpart E of this part, and his or her supervisor, with the
training specified in that subpart. No employer may use any contractor
to perform an air traffic control function unless that contractor
provides each of its employees performing that function for the
employer, and his or her supervisor, with the training specified in
subpart E of this part.
(b) No employer may knowingly use any individual to perform, nor may
any individual perform for an employer, either directly or by contract,
any air traffic control function while that individual has a prohibited
drug, as defined in this part, in his or her system.
(c) No employer shall knowingly use any individual to perform, nor
may any individual perform for an employer, either directly or by
contract, any air traffic control function if the individual has a
verified positive drug test result on, or has refused to submit to, a
drug test required by subpart E of this part and the individual has not
met the requirements of subpart E of this part for returning to the
performance of safety-sensitive duties.
(d) Each employer shall test each of its employees who perform any
air traffic control function in accordance with subpart E of this part.
No employer may use any contractor to perform any air traffic control
function unless that contractor tests each employee performing such a
function for
[[Page 50]]
the employer in accordance with subpart E of this part.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010]
Sec. 120.19 Misuse of alcohol.
(a) This section applies to covered employees who perform air
traffic control duties directly or by contract for an employer that is
an air traffic control facility not operated by the FAA or the US
military.
(b) Alcohol concentration. No covered employee shall report for duty
or remain on duty requiring the performance of safety-sensitive
functions while having an alcohol concentration of 0.04 or greater. No
employer having actual knowledge that an employee has an alcohol
concentration of 0.04 or greater shall permit the employee to perform or
continue to perform safety-sensitive functions.
(c) On-duty use. No covered employee shall use alcohol while
performing safety-sensitive functions. No employer having actual
knowledge that a covered employee is using alcohol while performing
safety-sensitive functions shall permit the employee to perform or
continue to perform safety-sensitive functions.
(d) Pre-duty use. No covered employee shall perform air traffic
control duties within 8 hours after using alcohol. No employer having
actual knowledge that such an employee has used alcohol within 8 hours
shall permit the employee to perform or continue to perform air traffic
control duties.
(e) Use following an accident. No covered employee who has actual
knowledge of an accident involving an aircraft for which he or she
performed a safety-sensitive function at or near the time of the
accident shall use alcohol for 8 hours following the accident, unless he
or she has been given a post-accident test under subpart F 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
may not refuse to submit to any alcohol test required under subpart F of
this part. An employer may not permit an employee who refuses to submit
to such a test to perform or continue to perform safety-sensitive
functions.
Sec. 120.21 Testing for alcohol.
(a) Each air traffic control facility not operated by the FAA or the
U.S. military must establish an alcohol testing program in accordance
with the provisions of subpart F of this part.
(b) No employer shall use any individual who meets the definition of
covered employee in subpart A of this part to perform a safety-sensitive
function listed in subpart F of this part unless that individual is
subject to testing for alcohol misuse in accordance with the provisions
of that subpart.
Subpart D_Part 119 Certificate Holders Authorized To Conduct Operations
under Part 121 or Part 135 or Operators Under 91.147 of This Chapter
and Safety-Sensitive Employees
Sec. 120.31 Prohibited drugs.
(a) Each certificate holder or operator shall provide each employee
performing a function listed in subpart E of this part, and his or her
supervisor, with the training specified in that subpart.
(b) No certificate holder or operator may use any contractor to
perform a function listed in subpart E of this part unless that
contractor provides each of its employees performing that function for
the certificate holder or operator, and his or her supervisor, with the
training specified in that subpart.
Sec. 120.33 Use of prohibited drugs.
(a) This section applies to individuals who perform a function
listed in subpart E of this part for a certificate holder or operator.
For the purpose of this section, an individual 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
individual to perform, nor may any individual perform for a certificate
holder or an operator, either directly or by contract,
[[Page 51]]
any function listed in subpart E of this part while that individual has
a prohibited drug, as defined in this part, in his or her system.
(c) No certificate holder or operator shall knowingly use any
individual to perform, nor shall any individual perform for a
certificate holder or operator, either directly or by contract, any
safety-sensitive function if that individual has a verified positive
drug test result on, or has refused to submit to, a drug test required
by subpart E of this part and the individual has not met the
requirements of that subpart for returning to the performance of safety-
sensitive duties.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010]
Sec. 120.35 Testing for prohibited drugs.
(a) Each certificate holder or operator shall test each of its
employees who perform a function listed in subpart E of this part in
accordance with that subpart.
(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 subpart E of this part unless that contractor tests
each employee performing such a function for the certificate holder or
operator in accordance with that subpart.
(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 subpart E of this part and emergency maintenance
is required, the certificate holder may use individuals 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, SW., 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.
Sec. 120.37 Misuse of alcohol.
(a) General. This section applies to covered employees who perform a
function listed in subpart F of this part for a certificate holder. For
the purpose of this section, an individual who meets the definition of
covered employee in subpart F of this part 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
[[Page 52]]
or to 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 subpart F 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 subpart F
of 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.
Sec. 120.39 Testing for alcohol.
(a) Each certificate holder must establish an alcohol testing
program in accordance with the provisions of subpart F of this part.
(b) Except as provided in paragraph (c) of this section, no
certificate holder or operator may use any individual who meets the
definition of covered employee in subpart A of this part to perform a
safety-sensitive function listed in that subpart F of this part unless
that individual is subject to testing for alcohol misuse in accordance
with the provisions of that subpart.
(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 subpart F of this part and emergency maintenance
is required, the certificate holder may use individuals 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, SW., 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.
Subpart E_Drug Testing Program Requirements
Sec. 120.101 Scope.
This subpart contains the standards and components that must be
included in a drug testing program required by this part.
Sec. 120.103 General.
(a) Purpose. The purpose of this subpart 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. (1) Each employer shall ensure that drug testing
programs conducted pursuant to 14 CFR parts 65, 91, 121, and 135 comply
with the requirements of this subpart and the ``Procedures for
Transportation Workplace Drug Testing Programs'' published by the
Department of Transportation (DOT) (49 CFR part 40).
(2) 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 subpart 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
[[Page 53]]
(2) 14 CFR:
(i) Sec. 67.107--First-Class Airman Medical Certificate, Mental.
(ii) Sec. 67.207--Second-Class Airman Medical Certificate, Mental.
(iii) Sec. 67.307--Third-Class Airman Medical Certificate, Mental.
(iv) Sec. 91.147--Passenger carrying flight for compensation or
hire.
(v) Sec. 135.1--Applicability
(e) Falsification. No individual may make, or cause to be made, any
of the following:
(1) Any fraudulent or intentionally false statement in any
application of a drug testing program.
(2) Any fraudulent or intentionally false entry in any record or
report that is made, kept, or used to show compliance with this part.
(3) Any reproduction or alteration, for fraudulent purposes, of any
report or record required to be kept by this part.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3153, Jan. 20, 2010]
Sec. 120.105 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 subpart must be subject to drug
testing under a drug testing program implemented in accordance with this
subpart. 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.
(i) Operations control specialist duties.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt.
120-2, 79 FR 9973, Feb. 21, 2014]
Sec. 120.107 Substances for which testing must be conducted.
Each employer shall test each employee who performs a safety-
sensitive function for evidence of a prohibited drug during each test
required by Sec. 120.109.
[84 FR 16773, Apr. 23, 2019]
Sec. 120.109 Types of drug testing required.
Each employer shall conduct the types of testing described in this
section in accordance with the procedures set forth in this subpart and
the DOT ``Procedures for Transportation Workplace Drug Testing
Programs'' (49 CFR part 40).
(a) Pre-employment drug testing. (1) No employer may hire any
individual for a safety-sensitive function listed in Sec. 120.105
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 paragraphs (a)(1)
or (2) of this section 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:
(i) The individual previously performed a safety-sensitive function
for the employer and the employer is not required to pre-employment test
the individual under paragraphs (a)(1) or (2)
[[Page 54]]
of this section before putting the individual to work in a safety-
sensitive function;
(ii) The employer removed the individual from the employer's random
testing program conducted under this subpart for reasons other than a
verified positive test result on an FAA-mandated drug test or a refusal
to submit to such testing; and
(iii) 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 subpart, to determine the presence of a prohibited
drug 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 paragraph (a)(4) of this section.
(b) Random drug testing. (1) Except as provided in paragraphs (b)(2)
through (b)(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 Sec.
120.119. 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 subpart 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 subpart for any calendar year indicate that the reported positive
rate is equal to or greater than 1.0 percent, the Administrator will
increase the minimum annual percentage rate for random drug testing to
50 percent of all covered employees.
(5) The selection of employees for random drug testing shall be made
by a scientifically valid method, such as a random-number table or a
computer-based random number generator that is matched with employees'
Social Security numbers, payroll identification numbers, or other
comparable identifying numbers. Under the selection process used, each
covered employee shall have an equal chance of being tested each time
selections are made.
(6) As an employer, you must select and test a percentage of
employees at least equal to the minimum annual percentage rate each
year.
(i) 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.
(A) 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.''
(B) 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
[[Page 55]]
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.
(ii) 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:
(A) 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.
(B) 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.
(C) 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 subpart 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--
(i) Establish separate pools for random selection, with each pool
containing the covered employees who are subject to testing at the same
required rate; or
(ii) 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 drug testing. Each employer shall test each
employee who performs a safety-sensitive function for the presence of a
prohibited drug in the employee's system if that employee's performance
either contributed to an accident or cannot be completely discounted as
a contributing factor to the accident. The employee shall be tested as
soon as possible but not later than 32 hours after the accident. The
decision not to administer a test under this section must be based on a
determination, using the best information available at the time of the
determination, that the employee's performance could not have
contributed to the accident. The employee shall submit to post-accident
testing under this section.
(d) Drug 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
[[Page 56]]
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 drug 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
subpart or receiving a verified positive drug test result on a test
conducted under this subpart 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 drug 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 subpart or receiving a verified positive drug test
result on a test conducted under this subpart.
(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 subpart F 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.
[Docket No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended at 84
FR 16773, Apr. 23, 2019]
Sec. 120.111 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 MRO's 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 subpart 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
[[Page 57]]
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 subpart, or 49 CFR part 40, no employer
shall release employee information.
(d) Refusal to submit to testing. 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 subpart. 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.
(e) Permanent disqualification from service. (1) An employee who has
verified positive drug test results on two drug tests required by this
subpart 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 subpart must be
maintained by the employer for a minimum of 5 years.
Sec. 120.113 Medical Review Officer, Substance Abuse Professional,
and Employer Responsibilities.
(a) 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 subpart. 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.
(b) Medical Review Officer (MRO). The MRO must perform the functions
set forth in subpart G of 49 CFR part 40, and subpart E of this part.
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.
(c) Substance Abuse Professional (SAP). The SAP must perform the
functions set forth in 49 CFR part 40, subpart O.
(d) 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 (d)(5) of this section, 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 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,
[[Page 58]]
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 subpart.
(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:
(i) An individual who the MRO has reported to the Federal Air
Surgeon under Sec. 120.113 (d)(1); or
(ii) An individual who the employer has reported to the Federal Air
Surgeon under Sec. 120.111(d).
(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:
(i) 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
(ii) 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.
Sec. 120.115 Employee Assistance Program (EAP).
(a) 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.
(b) EAP education program. (1) Each EAP education program must
include at least the following elements:
(i) Display and distribution of informational material;
(ii) Display and distribution of a community service hot-line
telephone number for employee assistance; and
(iii) Display and distribution of the employer's policy regarding
drug use in the workplace.
(2) 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.
(c) EAP training program. (1) Each employer shall implement a
reasonable program of initial training for employees. The employee
training program must include at least the following elements:
(i) The effects and consequences of drug use on individual health,
safety, and work environment;
(ii) The manifestations and behavioral cues that may indicate drug
use and abuse; and
(2) 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 in Sec. 120.115 (c).
(3) The employer shall ensure that supervisors who will make
reasonable cause determinations receive at least 60 minutes of initial
training.
(4) The employer shall implement a reasonable recurrent training
program for supervisory personnel making reasonable cause determinations
during subsequent years.
(5) Documentation of all training given to employees and supervisory
personnel must be included in the training program.
(6) The employer shall identify the employee and supervisor EAP
training in the employer's drug testing program.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt.
120-1, 78 FR 42003, July 15, 2013]
[[Page 59]]
Sec. 120.117 Implementing a drug testing program.
(a) Each company must meet the requirements of this subpart. Use the
following chart to determine whether your company must obtain an
Antidrug and Alcohol Misuse Prevention Program Operations Specification,
Letter of Authorization, or Drug and Alcohol Testing Program
Registration from 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
or 135. Operations Specification by
contacting your FAA Principal
Operations Inspector.
(2) An operator as defined in Sec. Obtain a Letter of
91.147 of this chapter. Authorization by contacting
the Flight Standards District
Office nearest to your
principal place of business.
(3) A part 119 certificate holder with Complete the requirements in
authority to operate under parts 121 paragraphs 1 and 2 of this
or 135 and an operator as defined in chart and advise the Flight
Sec. 91.147 of this chapter. Standards District Office and
the Drug Abatement Division
that the Sec. 91.147
operation will be included
under the part 119 testing
program. Contact the Drug
Abatement Division at FAA,
Office of Aerospace Medicine,
Drug Abatement Division (AAM-
800), 800 Independence Avenue
SW., Washington, DC 20591.
(4) An air traffic control facility not Register with the FAA, Office
operated by the FAA or by or under of Aerospace Medicine, Drug
contract to the U.S. Military. Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591.
(5) A part 145 certificate holder who Obtain an Antidrug and Alcohol
has your own drug testing 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 drug
testing program.
(6) A contractor who has your own drug Register with the FAA, Office
testing program. of Aerospace Medicine, Drug
Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591, if you
opt to conduct your own drug
testing program.
------------------------------------------------------------------------
(b) Use the following chart for implementing a drug testing program
if you are applying for a part 119 certificate with authority to operate
under parts 121 or 135 of this chapter, 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, Letter of Authorization, or Drug and Alcohol
Testing Program Registration from the FAA. Your employees who perform
safety-sensitive functions must be tested in accordance with this
subpart. The chart follows:
------------------------------------------------------------------------
If you . . . You must . . .
------------------------------------------------------------------------
(1) Apply for a part 119 certificate (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135. Program Operations
Specification,
(ii) Implement an FAA drug
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
(2) Intend to begin operations as (i) Have a Letter of
defined in Sec. 91.147 of this Authorization,
chapter.
(ii) Implement an FAA drug
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
(3) Apply for a part 119 certificate (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135 and intend to begin Program Operations
operations as defined in Sec. 91.147 Specification and a Letter of
of this chapter. Authorization,
(ii) Implement your combined
FAA drug testing program no
later than the date you start
operations, and
(iii) Meet the requirements of
this subpart.
(4) Intend to begin air traffic control (i) Register with the FAA,
operations (at an air traffic control Office of Aerospace Medicine,
facility not operated by the FAA or by Drug Abatement Division (AAM-
or under contract to the U.S. 800), 800 Independence Avenue
military). SW., Washington, DC 20591,
prior to starting operations,
(ii) Implement an FAA drug
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
------------------------------------------------------------------------
(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 of this chapter, 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 following chart
[[Page 60]]
to determine what you must do if you opt to have your own drug testing
program.
------------------------------------------------------------------------
And you opt to conduct your own
If you . . . drug program, you must . . .
------------------------------------------------------------------------
(1) 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 drug
testing 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 subpart as if you were an
employer.
(2) 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 drug
testing 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, 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 subpart as if you were an
employer.
------------------------------------------------------------------------
(d) Obtaining an Antidrug and Alcohol Misuse Prevention Program
Operations Specification. (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:
(i) Company name.
(ii) Certificate number.
(iii) Telephone number.
(iv) Address where your drug and alcohol testing program records are
kept.
(v) 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 of this chapter 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 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 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) Register your Drug and Alcohol Testing Program by obtaining a
Letter of Authorization from the FAA in accordance with Sec. 91.147.
(1) A drug and alcohol testing program is considered registered when the
following information is submitted to the Flight Standards District
Office nearest your principal place of business:
(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and alcohol testing program records
are kept.
(iv) Type of safety-sensitive functions you or your employees
perform (such as flight instruction duties, aircraft dispatcher duties,
maintenance or preventive maintenance duties, ground security
coordinator duties, aviation screening duties, air traffic control
duties).
(v) Whether you have 50 or more covered employees, or 49 or fewer
covered employees.
(vi) A signed statement indicating that your company will comply
with this part and 49 CFR part 40.
(2) This Letter of Authorization will satisfy the requirements for
both your drug testing program under this subpart and your alcohol
testing program under subpart F of this part.
(3) Update the Letter of Authorization information as changes occur.
Send the updates to the Flight Standards District Office nearest your
principal place of business.
(4) If you are a part 119 certificate holder with authority to
operate under parts 121 or 135 and intend to begin operations as defined
in Sec. 91.147 of this chapter, you must also advise the Federal
Aviation Administration, Office of Aerospace Medicine, Drug Abatement
Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.
[[Page 61]]
(f) Obtaining a Drug and Alcohol Testing Program Registration from
the FAA. (1) Except as provided in paragraphs (d) and (e) of this
section, to obtain a Drug and Alcohol Testing Program Registration from
the FAA, you must submit the following information to the Office of
Aerospace Medicine, Drug Abatement Division:
(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and alcohol testing program records
are kept.
(iv) Type of safety-sensitive functions you or your employees
perform (such as flight instruction duties, aircraft dispatcher duties,
maintenance or preventive maintenance duties, ground security
coordinator duties, aviation screening duties, air traffic control
duties).
(v) Whether you have 50 or more covered employees, or 49 or fewer
covered employees.
(vi) A signed statement indicating that: your company will comply
with this part and 49 CFR part 40; and you intend to provide safety-
sensitive functions by contract (including subcontract at any tier) to a
part 119 certificate holder with authority to operate under part 121 or
part 135 of this chapter, 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 to the Federal Aviation Administration,
Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800
Independence Avenue SW., Washington, DC 20591.
(3) This Drug and Alcohol Testing Program Registration will satisfy
the registration requirements for both your drug testing program under
this subpart and your alcohol testing program under subpart F of this
part.
(4) Update the registration information as changes occur. Send the
updates to the address specified in paragraph (f)(2) of this section.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3154, Jan. 20, 2010, as amended by Amdt. 120-1, 78 FR 42003, July 15,
2013]
Sec. 120.119 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 following
provisions:
(1) Each part 121 certificate holder shall submit an annual report
each year.
(2) Each entity conducting a drug testing 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/about/office_org/headquarters_offices/avs/offices/aam/
drug_alcohol.
(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.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3154, Jan. 20, 2010]
Sec. 120.121 Preemption.
(a) The issuance of 14 CFR parts 65, 91, 121, and 135 by the FAA
preempts any State or local law, rule, regulation, order, or standard
covering the
[[Page 62]]
subject matter of 14 CFR parts 65, 91, 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, 91, 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.
Sec. 120.123 Drug 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 section 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 subpart shall not apply to any individual
who performs a function listed in Sec. 120.105 by contract for an
employer outside the territory of the United States.
Sec. 120.125 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).
Subpart F_Alcohol Testing Program Requirements
Sec. 120.201 Scope.
This subpart contains the standards and components that must be
included in an alcohol testing program required by this part.
Sec. 120.203 General.
(a) Purpose. The purpose of this subpart is to establish programs
designed to help prevent accidents and injuries resulting from the
misuse of alcohol by employees who perform safety-sensitive functions in
aviation.
(b) Alcohol testing procedures. Each employer shall ensure that all
alcohol testing conducted pursuant to this subpart 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
subpart.
(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.
Sec. 120.205 Preemption of State and local laws.
(a) Except as provided in paragraph (a)(2) of this section, these
regulations preempt any State or local law, rule, regulation, or order
to the extent that:
(1) Compliance with both the State or local requirement and this
subpart is not possible; or
(2) Compliance with the State or local requirement is an obstacle to
the accomplishment and execution of any requirement in this subpart.
(b) The alcohol testing 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.
[[Page 63]]
Sec. 120.207 Other requirements imposed by employers.
Except as expressly provided in these alcohol testing requirements,
nothing in this subpart 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.
Sec. 120.209 Requirement for notice.
Before performing an alcohol test under this subpart, each employer
shall notify a covered employee that the alcohol test is required by
this subpart. No employer shall falsely represent that a test is
administered under this subpart.
Sec. 120.211 Applicable Federal regulations.
The following applicable regulations appear in 49 CFR and 14 CFR:
(a) 49 CFR Part 40--Procedures for Transportation Workplace Drug
Testing Programs
(b) 14 CFR:
(1) Sec. 67.107--First-Class Airman Medical Certificate, Mental.
(2) Sec. 67.207--Second-Class Airman Medical Certificate, Mental.
(3) Sec. 67.307--Third-Class Airman Medical Certificate, Mental.
(4) Sec. 91.147--Passenger carrying flights for compensation or
hire.
(5) Sec. 135.1--Applicability
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3154, Jan. 20, 2010]
Sec. 120.213 Falsification.
No individual may make, or cause to be made, any of the following:
(a) Any fraudulent or intentionally false statement in any
application of an alcohol testing program.
(b) Any fraudulent or intentionally false entry in any record or
report that is made, kept, or used to show compliance with this subpart.
(c) Any reproduction or alteration, for fraudulent purposes, of any
report or record required to be kept by this subpart.
Sec. 120.215 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 subpart must be subject to
alcohol testing under an alcohol testing program implemented in
accordance with this subpart. 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.
(9) Operations control specialist 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.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt.
120-2, 79 FR 9973, Feb. 21, 2014]
Sec. 120.217 Tests required.
(a) Pre-employment alcohol testing. As an employer, you may, but are
not required to, conduct pre-employment alcohol testing under this
subpart. 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-
[[Page 64]]
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
Sec. 120.221(f) apply.
(b) Post-accident alcohol testing. (1) As soon as practicable
following an accident, each employer shall test each surviving covered
employee for alcohol if that employee's performance of a safety-
sensitive function either contributed to the accident or cannot be
completely discounted as a contributing factor to the accident. The
decision not to administer a test under this section shall be based on
the employer's determination, using the best available information at
the time of the determination, that the covered employee's performance
could not have contributed to the accident.
(2) If a test required by this section is not administered within 2
hours following the accident, the employer shall prepare and maintain on
file a record stating the reasons the test was not promptly
administered. If a test required by this section is not administered
within 8 hours following the accident, the employer shall cease attempts
to administer an alcohol test and shall prepare and maintain the same
record. Records shall be submitted to the FAA upon request of the
Administrator or his or her designee.
(3) A covered employee who is subject to post-accident testing shall
remain readily available for such testing or may be deemed by the
employer to have refused to submit to testing. Nothing in this section
shall be construed to require the delay of necessary medical attention
for injured people following an accident or to prohibit a covered
employee from leaving the scene of an accident for the period necessary
to obtain assistance in responding to the accident or to obtain
necessary emergency medical care.
(c) Random alcohol testing. (1) Except as provided in paragraphs
(c)(2) through (c)(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 subpart. 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)(i) 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 subpart for
two consecutive calendar years indicate that the violation rate is less
than 0.5 percent.
(ii) 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 subpart 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.
[[Page 65]]
(4)(i) When the minimum annual percentage rate for random alcohol
testing is 10 percent, and the data received under the reporting
requirements of this subpart 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.
(ii) 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 subpart 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.
(i) 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.
(A) 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.''
(B) 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.
(ii) 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:
(A) 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.
(B) 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.
(C) 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 subpart 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
[[Page 66]]
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--
(i) Establish separate pools for random selection, with each pool
containing the covered employees who are subject to testing at the same
required rate; or
(ii) 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 alcohol 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. Sec. 120.19 or 120.37.
(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 (d)(2) of this section 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)(i) If a test required by this section is not administered within
2 hours following the determination made under paragraph (d)(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 (d)(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.
(ii) 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:
(A) An alcohol test is administered and 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 the determination made under
paragraph (d)(2) of this section that there is reasonable suspicion that
the employee has violated the alcohol misuse provisions in Sec. Sec.
120.19 or 120.37.
(iii) No employer shall take any action under this subpart against a
covered employee based solely on the employee's behavior and appearance
in the absence of an alcohol test. This
[[Page 67]]
does not prohibit an employer with authority independent of this subpart
from taking any action otherwise consistent with law.
(e) Return-to-duty alcohol 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. Sec. 120.19 or 120.37 the employee shall undergo a return-to-duty
alcohol test with a result indicating an alcohol concentration of less
than 0.02. The test cannot occur until after the SAP has determined that
the employee has successfully complied with the prescribed education
and/or treatment.
(f) Follow-up alcohol testing. (1) Each employer shall ensure that
the employee who engages in conduct prohibited by Sec. Sec. 120.19 or
120.37, 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 subpart E 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
section 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 Sec. 120.221(f) 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.
Sec. 120.219 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 subpart in a secure location with
controlled access.
(2) Period of retention.
(i) Five years.
(A) Copies of any annual reports submitted to the FAA under this
subpart for a minimum of 5 years.
(B) 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.
(C) Documents presented by a covered employee to dispute the result
of an alcohol test administered under this subpart.
(D) Records related to other violations of Sec. Sec. 120.19 or
120.37.
(ii) Two years. Records related to the testing process and training
required under this subpart.
(A) Documents related to the random selection process.
(B) Documents generated in connection with decisions to administer
reasonable suspicion alcohol tests.
(C) Documents generated in connection with decisions on post-
accident tests.
(D) Documents verifying existence of a medical explanation of the
inability of a covered employee to provide adequate breath for testing.
(E) Materials on alcohol misuse awareness, including a copy of the
employer's policy on alcohol misuse.
(F) Documentation of compliance with the requirements of Sec.
120.223(a).
(G) Documentation of training provided to supervisors for the
purpose of qualifying the supervisors to make a
[[Page 68]]
determination concerning the need for alcohol testing based on
reasonable suspicion.
(H) Certification that any training conducted under this subpart
complies with the requirements for such training.
(b) Annual reports. (1) Annual reports of alcohol testing 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 of paragraphs (b)(1)(i) through
(iii) of this section.
(i) Each part 121 certificate holder shall submit an annual report
each year.
(ii) Each entity conducting an alcohol testing 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.
(iii) The Administrator reserves the right to require that aviation
employers not otherwise required to submit annual reports prepare and
submit such reports to the FAA. Employers that will be required to
submit annual reports under this provision will be notified in writing
by the FAA.
(2) As an employer, you must use the Management Information System
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR
40.26 and appendix H to 49 CFR part 40). You may also use the electronic
version of the MIS form provided by the DOT. The Administrator may
designate means (e.g., electronic program transmitted via the Internet)
other than hard-copy, for MIS form submission. For information on where
to submit MIS forms and for the electronic version of the form, see:
http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/
aam/drug_alcohol/.
(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 subpart, no employer shall
release covered employee information that is contained in records
required to be maintained under this subpart.
(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 subpart to the Secretary of
Transportation or any DOT agency with regulatory authority over the
employer or any of its covered employees.
Sec. 120.221 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. Sec. 120.19 or 120.37, 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 section.
(b) Permanent disqualification from service. (1) An employee who
violates Sec. Sec. 120.19(c) or 120.37(c) is permanently precluded from
performing for an employer the safety-sensitive duties the employee
performed before such violation.
(2) An employee who engages in alcohol use that violates another
alcohol misuse provision of Sec. Sec. 120.19 or 120.37, and who had
previously engaged in alcohol use that violated the provisions of
Sec. Sec. 120.19 or 120.37 after becoming subject to such prohibitions,
is permanently precluded from performing for an employer the safety-
sensitive duties
[[Page 69]]
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. Sec. 120.19 or
120.37 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
Sec. 120.223(c) 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 subpart 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 subpart.
(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. 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 subpart. 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.
(e) Required evaluation and alcohol testing. No covered employee who
has engaged in conduct prohibited by Sec. Sec. 120.19 or 120.37 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 this subpart 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:
(i) The employee's alcohol concentration measures less than 0.02; or
(ii) 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 paragraph (f)(1) of this section, 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.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt.
120-1, 78 FR 42004, July 15, 2013]
Sec. 120.223 Alcohol misuse information, training,
and substance abuse professionals.
(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 testing requirements
and the employer's policies and procedures with respect to meeting those
requirements.
(i) The employer shall ensure that a copy of these materials is
distributed
[[Page 70]]
to each covered employee prior to the start of alcohol testing under the
employer's FAA-mandated alcohol testing program and to each individual
subsequently hired for or transferred to a covered position.
(ii) 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:
(i) The identity of the individual designated by the employer to
answer employee questions about the materials.
(ii) The categories of employees who are subject to the provisions
of these alcohol testing requirements.
(iii) 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
testing requirements.
(iv) Specific information concerning employee conduct that is
prohibited by this chapter.
(v) The circumstances under which a covered employee will be tested
for alcohol under this subpart.
(vi) 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.
(vii) The requirement that a covered employee submit to alcohol
tests administered in accordance with this subpart.
(viii) An explanation of what constitutes a refusal to submit to an
alcohol test and the attendant consequences.
(ix) 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.
(x) The consequences for covered employees found to have an alcohol
concentration of 0.02 or greater but less than 0.04.
(xi) Information concerning the effects of alcohol misuse on an
individual's health, work, and personal life; signs and symptoms of an
alcohol problem; 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.
(xii) 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 subpart.
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 Sec.
120.217(d) of this subpart receive at least 60 minutes of training on
the physical, behavioral, speech, and performance indicators of probable
alcohol misuse.
(c) Substance abuse professional (SAP) duties. The SAP must perform
the functions set forth in 49 CFR part 40, subpart O, and this subpart.
Sec. 120.225 How to implement an alcohol testing program.
(a) Each company must meet the requirements of this subpart. Use the
following chart to determine whether your company must obtain an
Antidrug and Alcohol Misuse Prevention Program Operations Specification,
Letter of Authorization, or Drug and Alcohol Testing Program
Registration from the FAA:
------------------------------------------------------------------------
If you are . . . You must . . .
------------------------------------------------------------------------
(1) A part 119 certificate holder with Obtain an Antidrug and Alcohol
authority to operate under part 121 or Misuse Prevention Program
135. Operations Specification by
contacting your FAA Principal
Operations Inspector.
(2) An operator as defined in Sec. Obtain a Letter of
91.147 of this chapter. Authorization by contacting
the Flight Standards District
Office nearest to your
principal place of business.
[[Page 71]]
(3) A part 119 certificate holder with Complete the requirements in
authority to operate under part 121 or paragraphs 1 and 2 of this
part 135 and an operator as defined in chart and advise the Flight
Sec. 91.147 of this chapter. Standards District Office and
Drug Abatement Division that
the Sec. 91.147 operation
will be included under the
part 119 testing program.
Contact Drug Abatement
Division at FAA, Office of
Aerospace Medicine, Drug
Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591.
(4) An air traffic control facility not Register with the FAA, Office
operated by the FAA or by or under of Aerospace Medicine, Drug
contract to the U.S. Military. Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591.
(5) A part 145 certificate holder who Obtain an Antidrug and Alcohol
has your own alcohol testing 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
alcohol testing program.
(6) A contractor who has your own Register with the FAA, Office
alcohol testing program. of Aerospace Medicine, Drug
Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591, if you
opt to conduct your own
alcohol testing program.
------------------------------------------------------------------------
(b) Use the following chart for implementing an alcohol testing
program if you are applying for a part 119 certificate with authority to
operate under part 121 or part 135 of this chapter, 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, Letter of Authorization, or Drug and
Alcohol Testing Program Registration from the FAA. Your employees who
perform safety-sensitive duties must be tested in accordance with this
subpart. The chart follows:
------------------------------------------------------------------------
If you . . . You must . . .
------------------------------------------------------------------------
(1) Apply for a part 119 certificate (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135. Program Operations
Specification,
(ii) Implement an FAA alcohol
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
(2) Intend to begin operations as (i) Have a Letter of
defined in Sec. 91.147 of this Authorization,
chapter. (ii) Implement an FAA alcohol
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
(3) Apply for a part 119 certificate (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135 and intend to begin Program Operations
operations as defined in Sec. 91.147 Specification and a Letter of
of this chapter. Authorization,
(ii) Implement your combined
FAA alcohol testing program no
later than the date you start
operations, and
(iii) Meet the requirements of
this subpart.
(4) Intend to begin air traffic control (i) Register with the FAA,
operations (at an air traffic control Office of Aerospace Medicine,
facility not operated by the FAA or by Drug Abatement Division (AAM-
or under contract to the U.S. 800), 800 Independence Avenue
military). SW., Washington, DC 20591,
prior to starting operations,
(ii) Implement an FAA alcohol
testing program no later than
the date you start operations,
and
(iii) Meet the requirements of
this subpart.
------------------------------------------------------------------------
(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 of this chapter or
an operator as defined in Sec. 91.147 of this chapter, use the
following chart to determine what you must do if you opt to have your
own alcohol testing program.
------------------------------------------------------------------------
And you opt to conduct your own
If you . . . Alcohol Testing Program, you
must . . .
------------------------------------------------------------------------
(1) Are a part 145 certificate holder.. (i) Have an Antidrug and
Alcohol Misuse Prevention
Program Operations
Specifications 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 alcohol
testing program no later than
the date you start performing
safety-sensitive functions for
a part 119 certificate holder
with the 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 subpart as if you were an
employer.
------------------------------------------------------------------------
(2) Are a contractor................... (i) Register with the FAA,
Office of Aerospace Medicine,
Drug Abatement Division (AAM-
800), 800 Independence Avenue,
SW., Washington, DC 20591,
[[Page 72]]
(ii) Implement an FAA alcohol
testing 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 subpart 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:
(i) Company name.
(ii) Certificate number.
(iii) Telephone number.
(iv) Address where your drug and alcohol testing program records are
kept.
(v) 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 of this chapter 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 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 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) Register your Drug and Alcohol Testing Program by obtaining a
Letter of Authorization from the FAA in accordance with Sec. 91.147.
(1) A drug and alcohol testing program is considered registered when the
following information is submitted to the Flight Standards District
Office nearest your principal place of business:
(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and alcohol testing program records
are kept.
(iv) Type of safety-sensitive functions you or your employees
perform (such as flight instruction duties, aircraft dispatcher duties,
maintenance or preventive maintenance duties, ground security
coordinator duties, aviation screening duties, air traffic control
duties).
(v) Whether you have 50 or more covered employees, or 49 or fewer
covered employees.
(vi) A signed statement indicating that your company will comply
with this part and 49 CFR part 40.
(2) This Letter of Authorization will satisfy the requirements for
both your drug testing program under subpart E of this part and your
alcohol testing program under this subpart.
(3) Update the Letter of Authorization information as changes occur.
Send the updates to the Flight Standards District Office nearest your
principal place of business.
(4) If you are a part 119 certificate holder with authority to
operate under part 121 or part 135 and intend to begin operations as
defined in Sec. 91.147 of this chapter, you must also advise the
Federal Aviation Administration, Office of Aerospace Medicine, Drug
Abatement Division (AAM-800), 800 Independence Avenue SW., Washington,
DC 20591.
(f) Obtaining a Drug and Alcohol Testing Program Registration from
the FAA. (1) Except as provided in paragraphs (d) and (e) of this
section, to obtain a Drug and Alcohol Testing Program Registration from
the FAA you must submit the following information to the Office of
Aerospace Medicine, Drug Abatement Division:
(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and alcohol testing program records
are kept.
(iv) Type of safety-sensitive functions you or your employees
perform (such as flight instruction duties, aircraft dispatcher duties,
maintenance or preventive maintenance duties, ground security
coordinator duties, aviation screening duties, air traffic control
duties).
(v) Whether you have 50 or more covered employees, or 49 or fewer
covered employees.
[[Page 73]]
(vi) A signed statement indicating that: your company will comply
with this part and 49 CFR part 40; and you intend to provide safety-
sensitive functions by contract (including subcontract at any tier) to a
part 119 certificate holder with authority to operate under part 121 or
part 135 of this chapter, 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 to the Federal Aviation Administration,
Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800
Independence Avenue SW., Washington, DC 20591.
(3) This Drug and Alcohol Testing Program Registration will satisfy
the registration requirements for both your drug testing program under
subpart E of this part and your alcohol testing program under this
subpart.
(4) Update the registration information as changes occur. Send the
updates to the address specified in paragraph (f)(2) of this section.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR
3154, Jan. 20, 2010, as amended by Amdt. 120-1, 78 FR 42005, July 15,
2013]
Sec. 120.227 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 subpart shall not apply to any person who
performs a safety-sensitive function by contract for an employer outside
the territory of the United States.
PART 121_OPERATING REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS--Table of Contents
Special Federal Aviation Regulation No. 50-2 [Note]
Special Federal Aviation Regulation No. 71 [Note]
Special Federal Aviation Regulation No. 97 [Note]
Subpart A_General
Sec.
121.1 Applicability.
121.2 Compliance schedule for operators that transition to part 121;
certain new entrant operators.
121.4 Applicability of rules to unauthorized operators.
121.7 Definitions.
121.9 Fraud and falsification.
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.
[[Page 74]]
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.
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.
[[Page 75]]
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 Operations in icing.
121.323 Instruments and equipment for operations at night.
121.325 Instruments and equipment for operations under IFR or over-the-
top.
121.327 Supplemental oxygen: Reciprocating engine powered airplanes.
121.329 Supplemental oxygen for sustenance: Turbine engine powered
airplanes.
121.331 Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.
121.333 Supplemental oxygen for emergency descent and for first aid;
turbine engine powered airplanes with pressured cabins.
121.335 Equipment standards.
121.337 Protective breathing equipment.
121.339 Emergency equipment for extended over-water operations.
121.340 Emergency flotation means.
121.341 Equipment for operations in icing conditions.
121.342 Pitot heat indication systems.
121.343 Flight 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.
121.346 Flight data recorders: filtered data.
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 [Reserved]
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 Contract maintenance.
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.
121.392 Personnel identified as flight attendants.
121.393 Crewmember requirements at stops where passengers remain on
board.
121.394 Flight attendant requirements during passenger boarding and
deplaning.
[[Page 76]]
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 flight simulation training
devices.
121.408 Training eqipment other than flight simulation training devices.
121.409 Training courses using flight simulation training devices.
121.410 Airline transport pilot certification training program.
121.411 Qualifications: Check airmen (airplane) and check airmen
(simulator).
121.412 Qualifications: Flight instructors (airplane) and flight
instructors (simulator).
121.413 Initial, transition and recurrent training and checking
requirements: Check airmen (airplane), check airmen
(simulator).
121.414 Initial, transition and recurrent training and checking
requirements: flight instructors (airplane), flight
instructors (simulator).
121.415 Crewmember and dispatcher training program requirements.
121.417 Crewmember emergency training.
121.418 Differences training and related aircraft differences training.
121.419 Pilots and flight engineers: Initial, transition, conversion and
upgrade ground training.
121.420 Pilots: Upgrade ground training.
121.421 Flight attendants: Initial and transition ground training.
121.422 Aircraft dispatchers: Initial and transition ground training.
121.423 Pilots: Extended Envelope Training.
121.424 Pilots: Initial, transition, conversion, and upgrade flight
training.
121.425 Flight engineers: Initial and transition flight training.
121.426 Pilots: Upgrade flight training.
121.427 Recurrent training.
121.429 Pilots in command: Leadership and command and mentoring
training.
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.
121.435 Pilots: Operations Familiarization.
121.436 Pilot Qualification: Certificates and experience requirements.
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.
121.455-121.459 [Reserved]
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.
121.473 Fatigue risk management system.
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.
121.495 Fatigue risk management system.
[[Page 77]]
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.
121.527 Fatigue risk management system.
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.
121.544 Pilot monitoring.
121.545 Manipulation of controls.
121.547 Admission to flight deck.
121.548 Aviation safety inspector's credentials: Admission to pilot's
compartment.
121.548a DOD Commercial Air Carrier Evaluator's Credential.
121.549 Flying equipment.
121.550 Secret Service Agents: Admission to flight deck.
121.551 Restriction or suspension of operation: Domestic and flag
operations.
121.553 Restriction or suspension of operation: Supplemental operations.
121.555 Compliance with approved routes and limitations: Domestic and
flag operations.
121.557 Emergencies: Domestic and flag operations.
121.559 Emergencies: Supplemental operations.
121.561 Reporting potentially hazardous meteorological conditions and
irregularities of ground 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 and portable oxygen concentrators 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.
[[Page 78]]
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.
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.
[[Page 79]]
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.
121.1115 Limit of validity.
121.1117 Flammability reduction means.
121.1119 Fuel tank vent explosion protection.
Subpart BB [Reserved]
121.1200-121.1399 [Reserved]
Subpart CC [Reserved]
121.1400-121.1499 [Reserved]
Subpart DD_Special Federal Aviation Regulations
121.1500 SFAR No. 111--Lavatory Oxygen Systems.
Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
Appendix B to Part 121--Aircraft Flight Recorder Specifications
Appendix C to Part 121--C-46 Nontransport Category Airplanes
Appendix D to Part 121--Criteria for Demonstration of Emergency
Evacuation Procedures Under Sec. 121.291
Appendix E to Part 121--Flight Training Requirements
Appendix F to Part 121--Proficiency Check Requirements
Appendix G to Part 121--Doppler Radar and Inertial Navigation System
(INS): Request for Evaluation; Equipment and Equipment
Installation; Training Program; Equipment Accuracy and
Reliability; Evaluation Program
Appendix H to Part 121--Advanced Simulation
Appendixes I-J to Part 121 [Reserved]
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(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701
note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note); Pub. L. 115-
254, 132 Stat. 3186 (49 U.S.C. 44701 note).
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. 97
Editorial Note: For the text of SFAR No. 97, see part 91 of this
chapter.
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.
[[Page 80]]
(c) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 of 14 CFR part 121, and each person
employed or used by an air carrier or commercial operator under this
part to perform training, qualification, or evaluation functions under
an Advanced Qualification Program under SFAR No. 58 of 14 CFR part 121.
(d) Nonstop 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
[[Page 81]]
and after the date on which that person is issued a certificate and
operations specifications under this part.
(d) Delayed compliance dates. Unless paragraph (e) of this section
specifies an earlier compliance date, no certificate holder that is
covered by paragraph (a) of this section may operate an airplane in 14
CFR part 121 operations on or after a date listed in this paragraph (d)
unless that airplane meets the applicable requirement of this paragraph
(d):
(1) Nontransport category turbopropeller powered airplanes type
certificated after December 31, 1964, that have a passenger seat
configuration of 10-19 seats. No certificate holder may operate under
this part an airplane that is described in paragraph (a)(1)(i) of this
section on or after a date listed in paragraph (d)(1) of this section
unless that airplane meets the applicable requirement listed in
paragraph (d)(1) of this section:
(i) December 20, 1997:
(A) Section 121.289, Landing gear aural warning.
(B) Section 121.308, Lavatory fire protection.
(C) Section 121.310(e), Emergency exit handle illumination.
(D) Section 121.337(b)(8), Protective breathing equipment.
(E) Section 121.340, Emergency flotation means.
(ii) December 20, 1999: Section 121.342, Pitot heat indication
system.
(iii) December 20, 2010:
(A) For airplanes described in Sec. 121.157(f), the Airplane
Performance Operating Limitations in Sec. Sec. 121.189 through 121.197.
(B) Section 121.161(b), Ditching approval.
(C) Section 121.305(j), Third attitude indicator.
(D) Section 121.312(c), Passenger seat cushion flammability.
(iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit
locating sign.
(2) Transport category turbopropeller powered airplanes that have a
passenger seat configuration of 20-30 seats. No certificate holder may
operate under this part an airplane that is described in paragraph
(a)(1)(ii) of this section on or after a date listed in paragraph (d)(2)
of this section unless that airplane meets the applicable requirement
listed in paragraph (d)(2) of this section:
(i) December 20, 1997:
(A) Section 121.308, Lavatory fire protection.
(B) Section 121.337(b) (8) and (9), Protective breathing equipment.
(C) Section 121.340, Emergency flotation means.
(ii) December 20, 2010: Sec. 121.305(j), third attitude indicator.
(e) Newly manufactured airplanes. No certificate holder that is
described in paragraph (a) of this section may operate under this part
an airplane manufactured on or after a date listed in this paragraph
unless that airplane meets the applicable requirement listed in this
paragraph (e).
(1) For nontransport category turbopropeller powered airplanes type
certificated after December 31, 1964, that have a passenger seat
configuration of 10-19 seats:
(i) Manufactured on or after March 20, 1997:
(A) Section 121.305(j), Third attitude indicator.
(B) Section 121.311(f), Safety belts and shoulder harnesses.
(ii) Manufactured on or after December 20, 1997; Section 121.317(a),
Fasten seat belt light.
(iii) Manufactured on or after December 20, 1999: Section 121.293,
Takeoff warning system.
(iv) Manufactured on or after March 12, 1999: Section 121.310(b)(1),
Interior emergency exit locating sign.
(2) For transport category turbopropeller powered airplanes that
have a passenger seat configuration of 20-30 seats manufactured on or
after March 20, 1997: Section 121.305(j), Third attitude indicator.
(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
[[Page 82]]
operations under the commuter requirements of part 135 of this chapter
to the requirements for domestic or flag operations under this part.
Each transition plan must contain details on the following:
(1) Plans for obtaining new operations specifications authorizing
domestic or flag operations;
(2) Plans for being in compliance with the applicable requirements
of this part on or before March 20, 1997; and
(3) Plans for complying with the compliance date schedules contained
in paragraphs (d) and (e) of this section.
(h) Continuing requirements. A certificate holder described in
paragraph (a) of this section shall comply with the applicable airplane
operating and equipment requirements of part 135 of this chapter for the
airplanes described in paragraph (a)(1) of this section, until the
airplane meets the specific compliance dates in paragraphs (d) and (e)
of this section.
(i) 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; Amdt. 121-344, 74 FR
34234, July 15, 2009]
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--
(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,
[[Page 83]]
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. 121.9 Fraud and falsification.
(a) No person may make, or cause to be made, any of the following:
(1) A fraudulent or intentionally false statement in any application
or any amendment thereto, or in any other record or test result required
by this part.
(2) A fraudulent or intentionally false statement in, or a known
omission from, any record or report that is kept, made, or used to show
compliance with this part, or to exercise any privileges under this
chapter.
(b) The commission by any person of any act prohibited under
paragraph (a) of this section is a basis for any one or any combination
of the following:
(1) A civil penalty.
(2) Suspension or revocation of any certificate held by that person
that was issued under this chapter.
(3) The denial of an application for any approval under this part.
(4) The removal of any approval under this part.
[Doc. No. FAA-2008-0677, 78 FR 67836, Nov. 12, 2013]
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--
[[Page 84]]
(1) That it is able to conduct satisfactorily scheduled operations
between each regular, provisional, and refueling airport over that route
or route segment; and
(2) That the facilities and services required by Sec. Sec. 121.97
through 121.107 are available and adequate for the proposed operation.
The Administrator approves a route outside of controlled airspace if he
determines that traffic density is such that an adequate level of safety
can be assured.
(b) Paragraph (a) of this section does not require actual flight
over a route or route segment if the certificate holder shows that the
flight is not essential to safety, considering the availability and
adequacy of airports, lighting, maintenance, communication, navigation,
fueling, ground, and airplane radio facilities, and the ability of the
personnel to be used in the proposed operation.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3,
30 FR 3638, Mar. 19, 1965; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]
Sec. 121.95 Route width.
(a) Approved routes and route segments over U.S. Federal airways or
foreign airways (and advisory routes in the case of certificate holders
conducting flag operations) have a width equal to the designated width
of those airways or routes. Whenever the Administrator finds it
necessary to determine the width of other approved routes, he considers
the following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other approved routes determined by the
Administrator are specified in the certificate holder's operations
specifications.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-253,
61 FR 2610, Jan. 26, 1996]
Sec. 121.97 Airports: Required data.
(a) Each certificate holder conducting domestic or flag operations
must show that each route it submits for approval has enough airports
that are properly equipped and adequate for the proposed operation,
considering such items as size, surface, obstructions, facilities,
public protection, lighting, navigational and communications aids, and
ATC.
(b) Each certificate holder conducting domestic or flag operations
must show that it has an approved system for obtaining, maintaining, and
distributing to appropriate personnel current aeronautical data for each
airport it uses to ensure a safe operation at that airport. The
aeronautical data must include the following:
(1) Airports.
(i) Facilities.
(ii) Public protection. 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.
[[Page 85]]
(c) If the responsible Flight Standards 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 responsible Flight Standards 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 Executive Director, Flight Standards
Service. This filing of a petition to reconsider stays the notice
pending a decision by the Executive Director, Flight Standards Service.
However, if the responsible Flight Standards office finds that there is
an emergency that requires immediate action in the interest of safety in
air transportation, the Executive 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; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9172, 9173,
Mar. 5, 2018]
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 responsible Flight Standards 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; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]
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
[[Page 86]]
conducting domestic or flag operations may use any weather report to
control flight unless--
(1) For operations within the 48 contiguous States and the District
of Columbia, it was prepared by the U.S. National Weather Service or a
source approved by the U.S. National Weather Service; or
(2) For operations conducted outside the 48 contiguous States and
the District of Columbia, it was prepared by a source approved by the
Administrator.
(c) Each certificate holder conducting domestic or flag operations
that uses forecasts to control flight movements shall use forecasts
prepared from weather reports specified in paragraph (b) of this section
and from any source approved under its system adopted pursuant to
paragraph (d) of this section.
(d) Each certificate holder conducting domestic or flag operations
shall adopt and put into use an approved system for obtaining forecasts
and reports of adverse weather phenomena, such as clear air turbulence,
thunderstorms, and low altitude wind shear, that may affect safety of
flight on each route to be flown and at each airport to be used.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27,
36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977;
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]
Sec. 121.103 En route 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 responsible Flight Standards
office.
[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007, as amended by
Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]
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
[[Page 87]]
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]
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
[[Page 88]]
airport. The aeronautical data must include the following:
(1) Airports.
(i) Facilities.
(ii) Public protection.
(iii) Navigational and communications aids.
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities.
(2) Runways, clearways, and stopways.
(i) Dimensions.
(ii) Surface.
(iii) Marking and lighting systems.
(iv) Elevation and gradient.
(3) Displaced thresholds.
(i) Location.
(ii) Dimensions.
(iii) Takeoff or landing or both.
(4) Obstacles.
(i) Those affecting takeoff and landing performance computations in
accordance with Subpart I of this part.
(ii) Controlling obstacles.
(5) Instrument flight procedures.
(i) Departure procedure.
(ii) Approach procedure.
(iii) Missed approach procedure.
(6) Special information.
(i) Runway visual range measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(c) If the responsible Flight Standards 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 responsible Flight Standards 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 Executive 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 responsible Flight Standards office finds that there is an
emergency that requires immediate action in the interest of safety in
air transportation, the Executive 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; Docket FAA-2018-0119, Amdt.
121-380, 83 FR 9172, 9173, Mar. 5, 2018]
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;
[[Page 89]]
(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 responsible Flight Standards
office.
[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007, as amended by
Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]
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 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
[[Page 90]]
to have flight following facilities provided by persons other than its
employees, but in such a case the certificate holder continues to be
primarily responsible for operational control of each flight.
(c) A flight following system need not provide for in-flight
monitoring by a flight following center.
(d) The certificate holder's operations specifications specify the
flight following system it is authorized to use and the location of the
centers.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253,
61 FR 2611, Jan. 26, 1996]
Sec. 121.127 Flight following system; requirements.
(a) Each certificate holder conducting supplemental operations using
a flight following system must show that--
(1) The system has adequate facilities and personnel to provide the
information necessary for the initiation and safe conduct of each flight
to--
(i) The flight crew of each aircraft; and
(ii) The persons designated by the certificate holder to perform the
function of operational control of the aircraft; and
(2) The system has a means of communication by private or available
public facilities (such as telephone, telegraph, or radio) to monitor
the progress of each flight with respect to its departure at the point
of origin and arrival at its destination, including intermediate stops
and diversions therefrom, and maintenance or mechanical delays
encountered at those points or stops.
(b) The certificate holder conducting supplemental operations must
show that the personnel specified in paragraph (a) of this section, and
those it designates to perform the function of operational control of
the aircraft, are able to perform their required duties.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253,
61 FR 2611, Jan. 26, 1996]
Subpart G_Manual Requirements
Sec. 121.131 Applicability.
This subpart prescribes requirements for preparing and maintaining
manuals by all certificate holders.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]
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.
[[Page 91]]
(5) En route flight, navigation, and communication procedures,
including procedures for the dispatch or release or continuance of
flight if any item of equipment required for the particular type of
operation becomes inoperative or unserviceable en route.
(6) For domestic or flag operations, appropriate information from
the en route operations specifications, including for each approved
route the types of airplanes authorized, the type of operation such as
VFR, IFR, day, night, etc., and any other pertinent information.
(7) For supplemental operations, appropriate information from the
operations specifications, including the area of operations authorized,
the types of airplanes authorized, the type of operation such as VFR,
IFR, day, night, etc., and any other pertinent information.
(8) Appropriate information from the airport operations
specifications, including for each airport--
(i) Its location (domestic and flag operations only);
(ii) Its designation (regular, alternate, provisional, etc.)
(domestic and flag operations only);
(iii) The types of airplanes authorized (domestic and flag
operations only);
(iv) Instrument approach procedures;
(v) Landing and takeoff minimums; and
(vi) Any other pertinent information.
(9) Takeoff, en route, and landing weight limitations.
(10) 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
[[Page 92]]
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 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
[[Page 93]]
not have to carry those parts of the manual aboard the aircraft en route
to those stations.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 12-71,
35 FR 17176, Nov. 7, 1970; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996;
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
Sec. 121.141 Airplane flight manual.
(a) Each certificate holder shall keep a current approved airplane
flight manual for each type of airplane that it operates except for
nontransport category airplanes certificated before January 1, 1965.
(b) In each airplane required to have an airplane flight manual in
paragraph (a) of this section, the certificate holder shall carry either
the manual required by Sec. 121.133, if it contains the information
required for the applicable flight manual and this information is
clearly identified as flight manual requirements, or an approved
Airplane Manual. If the certificate holder elects to carry the manual
required by Sec. 121.133, the certificate holder may revise the
operating procedures sections and modify the presentation of performance
data from the applicable flight manual if the revised operating
procedures and modified performance date presentation are--
(1) Approved by the Administrator; and
(2) Clearly identified as airplane flight manual requirements.
[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]
Subpart H_Aircraft Requirements
Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless
otherwise noted.
Sec. 121.151 Applicability.
This subpart prescribes aircraft requirements for all certificate
holders.
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]
[[Page 94]]
Sec. 121.155 [Reserved]
Sec. 121.157 Aircraft certification and equipment requirements.
(a) Airplanes certificated before July 1, 1942. No certificate
holder may operate an airplane that was type certificated before July 1,
1942, unless--
(1) That airplane meets the requirements of Sec. 121.173(c), or
(2) That airplane and all other airplanes of the same or related
type operated by that certificate holder meet the performance
requirements of sections 4a.737-T through 4a.750-T of the Civil Air
Regulations as in effect on January 31, 1965; or Sec. Sec. 25.45
through 25.75 and Sec. 121.173(a), (b), (d), and (e) of this title.
(b) Airplanes certificated after June 30, 1942. Except as provided
in paragraphs (c), (d), (e), and (f) of this section, no certificate
holder may operate an airplane that was type certificated after June 30,
1942, unless it is certificated as a transport category airplane and
meets the requirements of Sec. 121.173(a), (b), (d), and (e).
(c) C-46 type airplanes: passenger-carrying operations. No
certificate holder may operate a C-46 airplane in passenger-carrying
operations unless that airplane is operated in accordance with the
operating limitations for transport category airplanes and meets the
requirements of paragraph (b) of this section or meets the requirements
of part 4b, as in effect July 20, 1950, and the requirements of Sec.
121.173 (a), (b), (d) and (e), except that--
(1) The requirements of sections 4b.0 through 4b.19 as in effect May
18, 1954, must be complied with;
(2) The birdproof windshield requirements of section 4b.352 need not
be complied with;
(3) The provisions of sections 4b.480 through 4b.490 (except
sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be
complied with; and
(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:
[[Page 95]]
(1) Until December 20, 2010:
(i) The airplane was type certificated in the normal category before
July 1, 1970, and meets special conditions issued by the Administrator
for airplanes intended for use in operations under part 135 of this
chapter.
(ii) The airplane was type certificated in the normal category
before July 19, 1970, and meets the additional airworthiness standards
in SFAR No. 23, 14 CFR part 23.
(iii) The airplane was type certificated in the normal category and
meets the additional airworthiness standards in appendix A of part 135
of this chapter.
(iv) The airplane was type certificated in the normal category and
complies with either section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR
part 21.
(2) The airplane was type certificated in the normal category, meets
the additional requirements described in paragraphs (f)(1)(i) through
(f)(1)(iv) of this section, and meets the performance requirements in
appendix K of this part.
(g) Certain newly manufactured airplanes. No certificate holder may
operate an airplane under this part that was type certificated as
described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section and
that was manufactured after March 20, 1997, unless it meets the
performance requirements in appendix K of this part.
(h) Newly type certificated airplanes. No person may operate under
this part an airplane for which the application for a type certificate
is submitted after March 29, 1995, unless the airplane is type
certificated under part 25 of this chapter.
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-251,
60 FR 65927, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]
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]
[[Page 96]]
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,
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 of part 121 appear
at 60 FR 65928, Dec. 20, 1995.
[[Page 97]]
Sec. 121.171 Applicability.
(a) This subpart prescribes airplane performance operating
limitations for all certificate holders.
(b) For purposes of this part, effective length of the runway for
landing means the distance from the point at which the obstruction
clearance plane associated with the approach end of the runway
intersects the centerline of the runway to the far end thereof.
(c) For the purposes of this subpart, obstruction clearance plane
means a plane sloping upward from the runway at a slope of 1:20 to the
horizontal, and tangent to or clearing all obstructions within a
specified area surrounding the runway as shown in a profile view of that
area. In the plan view, the centerline of the specified area coincides
with the centerline of the runway, beginning at the point where the
obstruction clearance plane intersects the centerline of the runway and
proceeding to a point at least 1,500 feet from the beginning point.
Thereafter the centerline coincides with the takeoff path over the
ground for the runway (in the case of takeoffs) or with the instrument
approach counterpart (for landings), or, where the applicable one of
these paths has not been established, it proceeds consistent with turns
of at least 4,000 foot radius until a point is reached beyond which the
obstruction clearance plane clears all obstructions. This area extends
laterally 200 feet on each side of the centerline at the point where the
obstruction clearance plane intersects the runway and continues at this
width to the end of the runway; then it increases uniformly to 500 feet
on each side of the centerline at a point 1,500 feet from the
intersection of the obstruction clearance plane with the runway;
thereafter it extends laterally 500 feet on each side of the centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132,
41 FR 55475, Dec. 20, 1976]
Sec. 121.173 General.
(a) Except as provided in paragraph (c) of this section, each
certificate holder operating a reciprocating-engine-powered airplane
shall comply with Sec. Sec. 121.175 through 121.187.
(b) Except as provided in paragraph (c) of this section, each
certificate holder operating a turbine-engine-powered airplane shall
comply with the applicable provisions of Sec. Sec. 121.189 through
121.197, except that when it operates--
(1) A turbo-propeller-powered airplane type certificated after
August 29, 1959, but previously type certificated with the same number
of reciprocating engines, the certificate holder may comply with
Sec. Sec. 121.175 through 121.187; or
(2) Until December 20, 2010, a turbo-propeller-powered airplane
described in Sec. 121.157(f), the certificate holder may comply with
the applicable performance requirements of appendix K of this part.
(c) Each certificate holder operating a large nontransport category
airplane type certificated before January 1, 1965, shall comply with
Sec. Sec. 121.199 through 121.205 and any determination of compliance
must be based only on approved performance data.
(d) The performance data in the Airplane Flight Manual applies in
determining compliance with Sec. Sec. 121.175 through 121.197. Where
conditions are different from those on which the performance data is
based, compliance is determined by interpolation or by computing the
effects of changes in the specific variables if the results of the
interpolation or computations are substantially as accurate as the
results of direct tests.
(e) Except as provided in paragraph (c) of this section, no person
may take off a reciprocating-engine-powered airplane at a weight that is
more than the allowable weight for the runway being used (determined
under the runway takeoff limitations of the operating rules of 14 CFR
part 121, subpart I) after taking into account the temperature operating
correction factors in the applicable Airplane Flight Manual.
(f) The Administrator may authorize in the operations specifications
deviations from the requirements in the subpart if special circumstances
make a literal observance of a requirement unnecessary for safety.
(g) The ten-mile width specified in Sec. Sec. 121.179 through
121.183 may be reduced to five miles, for not more than 20 miles, when
operating VFR or where
[[Page 98]]
navigation facilities furnish reliable and accurate identification of
high ground and obstructions located outside of five miles, but within
ten miles, on each side of the intended track.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251,
60 FR 65928, Dec. 20, 1995]
Sec. 121.175 Airplanes: Reciprocating engine-powered: Weight limitations.
(a) No person may take off a reciprocating engine powered airplane
from an airport located at an elevation outside of the range for which
maximum takeoff weights have been determined for that airplane.
(b) No person may take off a reciprocating engine powered airplane
for an airport of intended destination that is located at an elevation
outside of the range for which maximum landing weights have been
determined for that airplane.
(c) No person may specify, or have specified, an alternate airport
that is located at an elevation outside of the range for which maximum
landing weights have been determined for the reciprocating engine
powered airplane concerned.
(d) No person may take off a reciprocating engine powered airplane
at a weight more than the maximum authorized takeoff weight for the
elevation of the airport.
(e) No person may take off a reciprocating engine powered airplane
if its weight on arrival at the airport of destination will be more than
the maximum authorized landing weight for the elevation of that airport,
allowing for normal consumption of fuel and oil en route.
(f) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251,
60 FR 65928, Dec. 20, 1995]
Sec. 121.177 Airplanes: Reciprocating engine-powered: Takeoff limitations.
(a) No person operating a reciprocating engine powered airplane may
takeoff that airplane unless it is possible--
(1) To stop the airplane safely on the runway, as shown by the
accelerate stop distance data, at any time during takeoff until reaching
critical-engine failure speed;
(2) If the critical engine fails at any time after the airplane
reaches critical-engine failure speed V1, to continue the
takeoff and reach a height of 50 feet, as indicated by the takeoff path
data, before passing over the end of the runway; and
(3) To clear all obstacles either by at least 50 feet vertically (as
shown by the takeoff path data) or 200 feet horizontally within the
airport boundaries and 300 feet horizontally beyond the boundaries,
without banking before reaching a height of 50 feet (as shown by the
takeoff path data) and thereafter without banking more than 15 degrees.
(b) In applying this section, corrections must be made for the
effective runway gradient. To allow for wind effect, takeoff data based
on still air may be corrected by taking into account not more than 50
percent of any reported headwind component and not less than 150 percent
of any reported tailwind component.
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159,
45 FR 41593, June 19, 1980; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
Sec. 121.179 Airplanes: Reciprocating engine-powered: En route limitations:
All engines operating.
(a) No person operating a reciprocating engine powered airplane may
take off that airplane at a weight, allowing for normal consumption of
fuel and oil, that does not allow a rate of climb (in feet per minute),
with all engines operating, of at least 6.90 VSo (that is, the number of
feet per minute is obtained by multiplying the number of knots by 6.90)
at an altitude of at least 1,000 feet above the highest ground or
obstruction within ten miles of each side of the intended track.
(b) This section does not apply to airplanes certificated under part
4a of the Civil Air Regulations.
[[Page 99]]
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251,
60 FR 65928, Dec. 20, 1995]
Sec. 121.181 Airplanes: Reciprocating engine-powered: En route limitations:
One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered airplane may take off that
airplane at a weight, allowing for normal consumption of fuel and oil,
that does not allow a rate of climb (in feet per minute), with one
engine inoperative, of at least
(0.079-0.106/N) Vso2
(where N is the number of engines installed and VSo is expressed in
knots) at an altitude of at least 1,000 feet above the highest ground or
obstruction within 10 miles of each side of the intended track. However,
for the purposes of this paragraph the rate of climb for airplanes
certificated under part 4a of the Civil Air Regulations is 0.026 Vso2.
(b) In place of the requirements of paragraph (a) of this section, a
person may, under an approved procedure, operate a reciprocating engine
powered airplane, at an all-engines-operating altitude that allows the
airplane to continue, after an engine failure, to an alternate airport
where a landing can be made in accordance with Sec. 121.187, allowing
for normal consumption of fuel and oil. After the assumed failure, the
flight path must clear the ground and any obstruction within five miles
on each side of the intended track by at least 2,000 feet.
(c) If an approved procedure under paragraph (b) of this section is
used, the certificate holder shall comply with the following:
(1) The rate of climb (as prescribed in the Airplane Flight Manual
for the appropriate weight and altitude) used in calculating the
airplane's flight path shall be diminished by an amount, in feet per
minute, equal to
(0.079-0.106/N) Vso2
(when N is the number of engines installed and VSo is
expressed in knots) for airplanes certificated under part 25 of this
chapter and by 0.026 Vso2 for airplanes certificated under part 4a of
the Civil Air Regulations.
(2) The all-engines-operating altitude shall be sufficient so that
in the event the critical engine becomes inoperative at any point along
the route, the flight will be able to proceed to a predetermined
alternate airport by use of this procedure. In determining the takeoff
weight, the airplane is assumed to pass over the critical obstruction
following engine failure at a point no closer to the critical
obstruction than the nearest approved radio navigational fix, unless the
Administrator approves a procedure established on a different basis upon
finding that adequate operational safeguards exist.
(3) The airplane must meet the provisions of paragraph (a) of this
section at 1,000 feet above the airport used as an alternate in this
procedure.
(4) The procedure must include an approved method of accounting for
winds and temperatures that would otherwise adversely affect the flight
path.
(5) In complying with this procedure fuel jettisoning is allowed if
the certificate holder shows that it has an adequate training program,
that proper instructions are given to the flight crew, and all other
precautions are taken to insure a safe procedure.
(6) The certificate holder shall specify in the dispatch or flight
release an alternate airport that meets the requirements of Sec.
121.625.
(d) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
Sec. 121.183 Part 25 airplanes with four or more engines:
Reciprocating engine powered: En route limitations: Two engines inoperative.
(a) No person may operate an airplane certificated under part 25 and
having four or more engines unless--
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of Sec. 121.187; or
[[Page 100]]
(2) It is operated at a weight allowing the airplane, with the two
critical engines inoperative, to climb at 0.013 Vso2 feet per
minute (that is, the number of feet per minute is obtained by
multiplying the number of knots squared by 0.013) at an altitude of
1,000 feet above the highest ground or obstruction within 10 miles on
each side of the intended track, or at an altitude of 5,000 feet,
whichever is higher.
(b) For the purposes of paragraph (a)(2) of this section, it is
assumed that--
(1) The two engines fail at the point that is most critical with
respect to the takeoff weight:
(2) Consumption of fuel and oil is normal with all engines operating
up to the point where the two engines fail and with two engines
operating beyond that point;
(3) Where the engines are assumed to fail at an altitude above the
prescribed minimum altitude, compliance with the prescribed rate of
climb at the prescribed minimum altitude need not be shown during the
descent from the cruising altitude to the prescribed minimum altitude,
if those requirements can be met once the prescribed minimum altitude is
reached, and assuming descent to be along a net flight path and the rate
of descent to be 0.013 Vso2 greater than the rate in the
approved performance data; and
(4) If fuel jettisoning is provided, the airplane's weight at the
point where the two engines fail is considered to be not less than that
which would include enough fuel to proceed to an airport meeting the
requirements of Sec. 121.187 and to arrive at an altitude of at least
1,000 feet directly over that airport.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
Sec. 121.185 Airplanes: Reciprocating engine-powered: Landing limitations:
Destination airport.
(a) Except as provided in paragraph (b) of this section no person
operating a reciprocating engine powered airplane may take off that
airplane, unless its weight on arrival, allowing for normal consumption
of fuel and oil in flight, would allow a full stop landing at the
intended destination within 60 percent of the effective length of each
runway described below from a point 50 feet directly above the
intersection of the obstruction clearance plane and the runway. For the
purposes of determining the allowable landing weight at the destination
airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the
most favorable direction in still air.
(2) The airplane is landed on the most suitable runway considering
the probable wind velocity and direction (forecast for the expected time
of arrival), the ground handling characteristics of the type of
airplane, and other conditions such as landing aids and terrain, and
allowing for the effect of the landing path and roll of not more than 50
percent of the headwind component or not less than 150 percent of the
tailwind component.
(b) An airplane that would be prohibited from being taken off
because it could not meet the requirements of paragraph (a)(2) of this
section may be taken off if an alternate airport is specified that meets
all of the requirements of this section except that the airplane can
accomplish a full stop landing within 70 percent of the effective length
of the runway.
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
Sec. 121.187 Airplanes: Reciprocating engine-powered: Landing limitations:
Alternate airport.
(a) No person may list an airport as an alternate airport in a
dispatch or flight release unless the airplane (at the weight
anticipated at the time of arrival at the airport), based on the
assumptions in Sec. 121.185, can be brought to a full stop landing,
within 70 percent of the effective length of the runway.
(b) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
[[Page 101]]
Sec. 121.189 Airplanes: Turbine engine powered: Takeoff limitations.
(a) No person operating a turbine engine powered airplane may take
off that airplane at a weight greater than that listed in the Airplane
Flight Manual for the elevation of the airport and for the ambient
temperature existing at takeoff.
(b) No person operating a turbine engine powered airplane
certificated after August 26, 1957, but before August 30, 1959 (SR422,
422A), may take off that airplane at a weight greater than that listed
in the Airplane Flight Manual for the minimum distances required for
takeoff. In the case of an airplane certificated after September 30,
1958 (SR422A, 422B), the takeoff distance may include a clearway
distance but the clearway distance included may not be greater than \1/
2\ of the takeoff run.
(c) No person operating a turbine engine powered airplane
certificated after August 29, 1959 (SR422B), may take off that airplane
at a weight greater than that listed in the Airplane Flight Manual at
which compliance with the following may be shown:
(1) The accelerate-stop distance must not exceed the length of the
runway plus the length of any stopway.
(2) The takeoff distance must not exceed the length of the runway
plus the length of any clearway except that the length of any clearway
included must not be greater than one-half the length of the runway.
(3) The takeoff run must not be greater than the length of the
runway.
(d) No person operating a turbine engine powered airplane may take
off that airplane at a weight greater than that listed in the Airplane
Flight Manual--
(1) In the case of an airplane certificated after August 26, 1957,
but before October 1, 1958 (SR422), that allows a takeoff path that
clears all obstacles either by at least (35 + 0.01D) feet vertically (D
is the distance along the intended flight path from the end of the
runway in feet), or by at least 200 feet horizontally within the airport
boundaries and by at least 300 feet horizontally after passing the
boundaries; or
(2) In the case of an airplane certificated after September 30, 1958
(SR 422A, 422B), that allows a net takeoff flight path that clears all
obstacles either by a height of at least 35 feet vertically, or by at
least 200 feet horizontally within the airport boundaries and by at
least 300 feet horizontally after passing the boundaries.
(e) In determining maximum weights, minimum distances, and flight
paths under paragraphs (a) through (d) of this section, correction must
be made for the runway to be used, the elevation of the airport, the
effective runway gradient, the ambient temperature and wind component at
the time of takeoff, and, if operating limitations exist for the minimum
distances required for takeoff from wet runways, the runway surface
condition (dry or wet). Wet runway distances associated with grooved or
porous friction course runways, if provided in the Airplane Flight
Manual, may be used only for runways that are grooved or treated with a
porous friction course (PFC) overlay, and that the operator determines
are designed, constructed, and maintained in a manner acceptable to the
Administrator.
(f) For the purposes of this section, it is assumed that the
airplane is not banked before reaching a height of 50 feet, as shown by
the takeoff path or net takeoff flight path data (as appropriate) in the
Airplane Flight Manual, and thereafter that the maximum bank is not more
than 15 degrees.
(g) For the purposes of this section the terms, takeoff distance,
takeoff run, net takeoff flight path and takeoff path have the same
meanings as set forth in the rules under which the airplane was
certificated.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-268,
63 FR 8321, Feb. 18, 1998]
Sec. 121.191 Airplanes: Turbine engine powered: En route limitations:
One engine inoperative.
(a) No person operating a turbine engine powered airplane may take
off that airplane at a weight, allowing for normal consumption of fuel
and oil, that is greater than that which (under the approved, one engine
inoperative, en route net flight path data in the
[[Page 102]]
Airplane Flight Manual for that airplane) will allow compliance with
paragraph (a) (1) or (2) of this section, based on the ambient
temperatures expected en route:
(1) There is a positive slope at an altitude of at least 1,000 feet
above all terrain and obstructions within five statute miles on each
side of the intended track, and, in addition, if that airplane was
certificated after August 29, 1959 (SR 422B) there is a positive slope
at 1,500 feet above the airport where the airplane is assumed to land
after an engine fails.
(2) The net flight path allows the airplane to continue flight from
the cruising altitude to an airport where a landing can be made under
Sec. 121.197, clearing all terrain and obstructions within five statute
miles of the intended track by at least 2,000 feet vertically and with a
positive slope at 1,000 feet above the airport where the airplane lands
after an engine fails, or, if that airplane was certificated after
September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet
above the airport where the airplane lands after an engine fails.
(b) For the purposes of paragraph (a)(2) of this section, it is
assumed that--
(1) The engine fails at the most critical point en route;
(2) The airplane passes over the critical obstruction, after engine
failure at a point that is no closer to the obstruction than the nearest
approved radio navigation fix, unless the Administrator authorizes a
different procedure based on adequate operational safeguards;
(3) An approved method is used to allow for adverse winds:
(4) Fuel jettisoning will be allowed if the certificate holder shows
that the crew is properly instructed, that the training program is
adequate, and that all other precautions are taken to insure a safe
procedure;
(5) The alternate airport is specified in the dispatch or flight
release and meets the prescribed weather minimums; and
(6) The consumption of fuel and oil after engine failure is the same
as the consumption that is allowed for in the approved net flight path
data in the Airplane Flight Manual.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-143, 43 FR 22641, May 25, 1978]
Sec. 121.193 Airplanes: Turbine engine powered: En route limitations:
Two engines inoperative.
(a) Airplanes certificated after August 26, 1957, but before October
1, 1958 (SR 422). No person may operate a turbine engine powered
airplane along an intended route unless he complies with either of the
following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of Sec. 121.197.
(2) Its weight, according to the two-engine-inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of Sec.
121.197, with a net flight path (considering the ambient temperature
anticipated along the track) having a positive slope at an altitude of
at least 1,000 feet above all terrain and obstructions within five miles
on each side of the intended track, or at an altitude of 5,000 feet,
whichever is higher.
For the purposes of paragraph (a)(2) of this section, it is assumed that
the two engines fail at the most critical point en route, that if fuel
jettisoning is provided, the airplane's weight at the point where the
engines fail includes enough fuel to continue to the airport and to
arrive at an altitude of at least 1,000 feet directly over the airport,
and that the fuel and oil consumption after engine failure is the same
as the consumption allowed for in the net flight path data in the
Airplane Flight Manual.
(b) Aircraft certificated after September 30, 1958, but before
August 30, 1959 (SR 422A). No person may operate a turbine engine
powered airplane along an intended route unless he complies with either
of the following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at
[[Page 103]]
cruising power) from an airport that meets the requirements of Sec.
121.197.
(2) Its weight, according to the two-engine-inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of Sec.
121.197, with a net flight path (considering the ambient temperatures
anticipated along the track) having a positive slope at an altitude of
at least 1,000 feet above all terrain and obstructions within 5 miles on
each side of the intended track, or at an altitude of 2,000 feet,
whichever is higher.
For the purposes of paragraph (b)(2) of this section, it is assumed that
the two engines fail at the most critical point en route, that the
airplane's weight at the point where the engines fail includes enough
fuel to continue to the airport, to arrive at an altitude of at least
1,500 feet directly over the airport, and thereafter to fly for 15
minutes at cruise power or thrust, or both, and that the consumption of
fuel and oil after engine failure is the same as the consumption allowed
for in the net flight path data in the Airplane Flight Manual.
(c) Aircraft certificated after August 29, 1959 (SR 422B). No person
may operate a turbine engine powered airplane along an intended route
unless he complies with either of the following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of Sec. 121.197.
(2) Its weight, according to the two-engine inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of Sec.
121.197, with the net flight path (considering the ambient temperatures
anticipated along the track) clearing vertically by at least 2,000 feet
all terrain and obstructions within five statute miles (4.34 nautical
miles) on each side of the intended track. For the purposes of this
subparagraph, it is assumed that--
(i) The two engines fail at the most critical point en route;
(ii) The net flight path has a positive slope at 1,500 feet above
the airport where the landing is assumed to be made after the engines
fail;
(iii) Fuel jettisoning will be approved if the certificate holder
shows that the crew is properly instructed, that the training program is
adequate, and that all other precautions are taken to ensure a safe
procedure;
(iv) The airplane's weight at the point where the two engines are
assumed to fail provides enough fuel to continue to the airport, to
arrive at an altitude of at least 1,500 feet directly over the airport,
and thereafter to fly for 15 minutes at cruise power or thrust, or both;
and
(v) The consumption of fuel and oil after the engine failure is the
same as the consumption that is allowed for in the net flight path data
in the Airplane Flight Manual.
Sec. 121.195 Airplanes: Turbine engine powered: Landing limitations:
Destination airports.
(a) No person operating a turbine engine powered airplane may take
off that airplane at such a weight that (allowing for normal consumption
of fuel and oil in flight to the destination or alternate airport) the
weight of the airplane on arrival would exceed the landing weight set
forth in the Airplane Flight Manual for the elevation of the destination
or alternate airport and the ambient temperature anticipated at the time
of landing.
(b) Except as provided in paragraph (c), (d), or (e) of this
section, no person operating a turbine engine powered airplane may take
off that airplane unless its weight on arrival, allowing for normal
consumption of fuel and oil in flight (in accordance with the landing
distance set forth in the Airplane Flight Manual for the elevation of
the destination airport and the wind conditions anticipated there at the
time of landing), would allow a full stop landing at the intended
destination airport within 60 percent of the effective length of each
runway described below from a point 50 feet above the intersection of
the obstruction clearance plane
[[Page 104]]
and the runway. For the purpose of determining the allowable landing
weight at the destination airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the
most favorable direction, in still air.
(2) The airplane is landed on the most suitable runway considering
the probable wind velocity and direction and the ground handling
characteristics of the airplane, and considering other conditions such
as landing aids and terrain.
(c) A turbopropeller powered airplane that would be prohibited from
being taken off because it could not meet the requirements of paragraph
(b)(2) of this section, may be taken off if an alternate airport is
specified that meets all the requirements of this section except that
the airplane can accomplish a full stop landing within 70 percent of the
effective length of the runway.
(d) Unless, based on a showing of actual operating landing
techniques on wet runways, a shorter landing distance (but never less
than that required by paragraph (b) of this section) has been approved
for a specific type and model airplane and included in the Airplane
Flight Manual, no person may takeoff a turbojet powered airplane when
the appropriate weather reports and forecasts, or a combination thereof,
indicate that the runways at the destination airport may be wet or
slippery at the estimated time of arrival unless the effective runway
length at the destination airport is at least 115 percent of the runway
length required under paragraph (b) of this section.
(e) A turbojet powered airplane that would be prohibited from being
taken off because it could not meet the requirements of paragraph (b)(2)
of this section may be taken off if an alternate airport is specified
that meets all the requirements of paragraph (b) of this section.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9,
30 FR 8572, July 7, 1965]
Sec. 121.197 Airplanes: Turbine engine powered: Landing limitations:
Alternate airports.
No person may list an airport as an alternate airport in a dispatch
or flight release for a turbine engine powered airplane unless (based on
the assumptions in Sec. 121.195 (b)) that airplane at the weight
anticipated at the time of arrival can be brought to a full stop landing
within 70 percent of the effective length of the runway for
turbopropeller powered airplanes and 60 percent of the effective length
of the runway for turbojet powered airplanes, from a point 50 feet above
the intersection of the obstruction clearance plane and the runway. In
the case of an alternate airport for departure, as provided in Sec.
121.617, allowance may be made for fuel jettisoning in addition to
normal consumption of fuel and oil when determining the weight
anticipated at the time of arrival.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9,
30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]
Sec. 121.198 Cargo service airplanes: Increased zero fuel
and landing weights.
(a) Notwithstanding the applicable structural provisions of the
airworthiness regulations but subject to paragraphs (b) through (g) of
this section, a certificate holder may operate (for cargo service only)
any of the following airplanes (certificated under part 4b of the Civil
Air Regulations effective before March 13, 1956) at increased zero fuel
and landing weights--
(1) DC-6A, DC-6B, DC-7B, and DC-7C; and
(2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in
accordance with supplemental type certificate SA 4-1402.
(b) The zero fuel weight (maximum weight of the airplane with no
disposable fuel and oil) and the structural landing weight may be
increased beyond the maximum approved in full compliance with applicable
regulations only if the Administrator finds that--
(1) The increase is not likely to reduce seriously the structural
strength;
(2) The probability of sudden fatigue failure is not noticeably
increased;
(3) The flutter, deformation, and vibration characteristics do not
fall below those required by applicable regulations; and
(4) All other applicable weight limitations will be met.
[[Page 105]]
(c) No zero fuel weight may be increased by more than five percent,
and the increase in the structural landing weight may not exceed the
amount, in pounds, of the increase in zero fuel weight.
(d) Each airplane must be inspected in accordance with the approved
special inspection procedures, for operations at increased weights,
established and issued by the manufacturer of the type of airplane.
(e) Each airplane operated under this section must be operated in
accordance with the passenger-carrying performance operating limitations
prescribed in this part.
(f) The Airplane Flight Manual for each airplane operated under this
section must be appropriately revised to include the operating
limitations and information needed for operation at the increased
weights.
(g) Except as provided for the carrying of persons under Sec.
121.583 each airplane operated at an increased weight under this section
must, before it is used in passenger service, be inspected under the
special inspection procedures for return to passenger service
established and issued by the manufacturer and approved by the
Administrator.
Sec. 121.199 Nontransport category airplanes: Takeoff limitations.
(a) No person operating a nontransport category airplane may take
off that airplane at a weight greater than the weight that would allow
the airplane to be brought to a safe stop within the effective length of
the runway, from any point during the takeoff before reaching 105
percent of minimum control speed (the minimum speed at which an airplane
can be safely controlled in flight after an engine becomes inoperative)
or 115 percent of the power off stalling speed in the takeoff
configuration, whichever is greater.
(b) For the purposes of this section--
(1) It may be assumed that takeoff power is used on all engines
during the acceleration;
(2) Not more than 50 percent of the reported headwind component, or
not less than 150 percent of the reported tailwind component, may be
taken into account;
(3) The average runway gradient (the difference between the
elevations of the endpoints of the runway divided by the total length)
must be considered if it is more than one-half of 1 percent;
(4) It is assumed that the airplane is operating in standard
atmosphere; and
(5) The effective length of the runway for takeoff means the
distance from the end of the runway at which the takeoff is started to a
point at which the obstruction clearance plane associated with the other
end of the runway intersects the runway centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132,
41 FR 55475, Dec. 20, 1976]
Sec. 121.201 Nontransport category airplanes: En route limitations:
One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a nontransport category airplane may take off that airplane at
a weight that does not allow a rate of climb of at least 50 feet a
minute, with the critical engine inoperative, at an altitude of at least
1,000 feet above the highest obstruction within five miles on each side
of the intended track, or 5,000 feet, whichever is higher.
(b) Notwithstanding paragraph (a) of this section, if the
Administrator finds that safe operations are not impaired, a person may
operate the airplane at an altitude that allows the airplane, in case of
engine failure, to clear all obstructions within 5 miles on each side of
the intended track by 1,000 feet. If this procedure is used, the rate of
descent for the appropriate weight and altitude is assumed to be 50 feet
a minute greater than the rate in the approved performance data. Before
approving such a procedure, the Administrator considers the following
for the route, route segment, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency
and amount of turbulence normally encountered.
[[Page 106]]
(4) Terrain features.
(5) Air traffic control problems.
(6) Any other operational factors that affect the operation.
(c) For the purposes of this section, it is assumed that--
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable
position;
(4) The operating engines are operating at the maximum continuous
power available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the
anticipated consumption of fuel and oil.
Sec. 121.203 Nontransport category airplanes: Landing limitations:
Destination airport.
(a) No person operating a nontransport category airplane may take
off that airplane at a weight that--
(1) Allowing for anticipated consumption of fuel and oil, is greater
than the weight that would allow a full stop landing within 60 percent
of the effective length of the most suitable runway at the destination
airport; and
(2) Is greater than the weight allowable if the landing is to be
made on the runway--
(i) With the greatest effective length in still air; and
(ii) Required by the probable wind, taking into account not more
than 50 percent of the headwind component or not less than 150 percent
of the tailwind component.
(b) For the purposes of this section, it is assumed that--
(1) The airplane passes directly over the intersection of the
obstruction clearance plane and the runway at a height of 50 feet in a
steady gliding approach at a true indicated airspeed of at least 1.3
VSo;
(2) The landing does not require exceptional pilot skill; and
(3) The airplane is operating in standard atmosphere.
Sec. 121.205 Nontransport category airplanes: Landing limitations:
Alternate airport.
No person may list an airport as an alternate airport in a dispatch
or flight release for a nontransport category airplane unless that
airplane (at the weight anticipated at the time of arrival) based on the
assumptions contained in Sec. 121.203, can be brought to a full stop
landing within 70 percent of the effective length of the runway.
Sec. 121.207 Provisionally certificated airplanes: Operating limitations.
In addition to the limitations in Sec. 91.317 of this chapter, the
following limitations apply to the operation of provisionally
certificated airplanes by certificate holders:
(a) In addition to crewmembers, each certificate holder may carry on
such an airplane only those persons who are listed in Sec. 121.547(c)
or who are specifically authorized by both the certificate holder and
the Administrator.
(b) Each certificate holder shall keep a log of each flight
conducted under this section and shall keep accurate and complete
records of each inspection made and all maintenance performed on the
airplane. The certificate holder shall make the log and records made
under this section available to the manufacturer and the Administrator.
[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
Subpart J_Special Airworthiness Requirements
Source: Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless
otherwise noted.
Sec. 121.211 Applicability.
(a) This subpart prescribes special airworthiness requirements
applicable to certificate holders as stated in paragraphs (b) through
(e) of this section.
(b) Except as provided in paragraph (d) of this section, each
airplane type certificated under Aero Bulletin 7A or part 04 of the
Civil Air Regulations in effect before November 1, 1946 must meet the
special airworthiness requirements in Sec. Sec. 121.215 through
121.283.
[[Page 107]]
(c) Each certificate holder must comply with the requirements of
Sec. Sec. 121.285 through 121.291.
(d) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement
under paragraph (b) of this section would be extremely difficult and
that compliance would not contribute materially to the objective sought,
he may require compliance only with those requirements that are
necessary to accomplish the basic objectives of this part.
(e) No person may operate under this part a nontransport category
airplane type certificated after December 31, 1964, unless the airplane
meets the special airworthiness requirements in Sec. 121.293.
[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995]
Sec. 121.213 [Reserved]
Sec. 121.215 Cabin interiors.
(a) Except as provided in Sec. 121.312, each compartment used by
the crew or passengers must meet the requirements of this section.
(b) Materials must be at least flash resistant.
(c) The wall and ceiling linings and the covering of upholstering,
floors, and furnishings must be flame resist ant.
(d) Each compartment where smoking is to be allowed must be equipped
with self-contained ash trays that are completely removable and other
compartments must be placarded against smoking.
(e) Each receptacle for used towels, papers, and wastes must be of
fire-resistant material and must have a cover or other means of
containing possible fires started in the receptacles.
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84,
37 FR 3974, Feb. 24, 1972]
Sec. 121.217 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for
closing the flow of air through the door when necessary.
Sec. 121.219 Ventilation.
Each passenger or crew compartment must be suitably ventilated.
Carbon monoxide concentration may not be more than one part in 20,000
parts of air, and fuel fumes may not be present. In any case where
partitions between compartments have louvres or other means allowing air
to flow between compartments, there must be a means convenient to the
crew for closing the flow of air through the partitions, when necessary.
Sec. 121.221 Fire precautions.
(a) Each compartment must be designed so that, when used for storing
cargo or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment,
or accessories that would upon damage or failure, affect the safe
operation of the airplane unless the item is adequately shielded,
isolated, or otherwise protected so that it cannot be damaged by
movement of cargo in the compartment and so that damage to or failure of
the item would not create a fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the
fire-protective features of the compartment.
(3) Materials used in the construction of the compartments,
including tie-down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding
against fires according to the classifications set forth in paragraphs
(b) through (f) of this section.
(b) Class A. Cargo and baggage compartments are classified in the
``A'' category if--
(1) A fire therein would be readily discernible to a member of the
crew while at his station; and
(2) All parts of the compartment are easily accessible in flight.
There must be a hand fire extinguisher available for each Class A
compartment.
(c) Class B. Cargo and baggage compartments are classified in the
``B'' category if enough access is provided while in flight to enable a
member of
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the crew to effectively reach all of the compartment and its contents
with a hand fire extinguisher and the compartment is so designed that,
when the access provisions are being used, no hazardous amount of smoke,
flames, or extinguishing agent enters any compartment occupied by the
crew or passengers. Each Class B compartment must comply with the
following:
(1) It must have a separate approved smoke or fire detector system
to give warning at the pilot or flight engineer station.
(2) There must be a hand fire extinguisher available for the
compartment.
(3) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the
``C'' category if they do not conform with the requirements for the
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system
to give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system
controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke,
flames, or extinguishing agents from entering into any compartment
occupied by the crew or passengers.
(4) It must have ventilation and draft controlled so that the
extinguishing agent provided can control any fire that may start in the
compartment.
(5) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the
``D'' category if they are so designed and constructed that a fire
occurring therein will be completely confined without endangering the
safety of the airplane or the occupants. Each Class D compartment must
comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering any compartment occupied by the
crew or passengers.
(2) Ventilation and drafts must be controlled within each
compartment so that any fire likely to occur in the compartment will not
progress beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the
cabin area may be classified as a Class ``E'' compartment. Each Class E
compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or
within the compartment and the controls for that means must be
accessible to the flight crew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering the flight crew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
Sec. 121.223 Proof of compliance with Sec. 121.221.
Compliance with those provisions of Sec. 121.221 that refer to
compartment accessibility, the entry of hazardous quantities of smoke or
extinguishing agent into compartments occupied by the crew or
passengers, and the dissipation of the extinguishing agent in Class
``C'' compartments must be shown by tests in flight. During these tests
it must be shown that no inadvertent operation of smoke or fire
detectors in other compartments within the airplane would occur as a
result of fire contained in any one compartment, either during the time
it is being extinguished, or thereafter, unless the extinguishing system
floods those compartments simultaneously.
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Sec. 121.225 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate
holder must comply with Sec. 121.255.
Sec. 121.227 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the
airplane used for carrying persons or cargo unless--
(1) There is a means to allow crewmembers to shut off the supply of
fuel to these lines; or
(2) The lines are enclosed in a fuel and fume-proof enclosure that
is ventilated and drained to the exterior of the airplane.
However, such an enclosure need not be used if those lines incorporate
no fittings on or within the personnel or cargo areas and are suitably
routed or protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by
valves at each end must incorporate provisions for relieving excessive
pressures that may result from exposure of the isolated line to high
temperatures.
Sec. 121.229 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with Sec. 121.255.
(b) No part of the engine nacelle skin that lies immediately behind
a major air outlet from the engine compartment may be used as the wall
of an integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means
of fume- and fuel-proof enclosures.
Sec. 121.231 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent
excessive vibration and so as to be adequate to withstand loads due to
fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplanes between which
there may be relative motion must incorporate provisions for
flexibility.
(c) Flexible connections in lines that may be under pressure and
subject to axial loading must use flexible hose assemblies rather than
hose clamp connections.
(d) Flexible hose must be of an acceptable type or proven suitable
for the particular application.
Sec. 121.233 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply
with Sec. 121.259.
Sec. 121.235 Fuel valves.
Each fuel valve must--
(a) Comply with Sec. 121.257;
(b) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected
to the valve.
Sec. 121.237 Oil lines and fittings in designated fire zones.
Oil line and fittings in each designated fire zone must comply with
Sec. 121.259.
Sec. 121.239 Oil valves.
(a) Each oil valve must--
(1) Comply with Sec. 121.257;
(2) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached
to the valve.
(b) The closing of an oil shutoff means must not prevent feathering
the propeller, unless equivalent safety provisions are incorporated.
Sec. 121.241 Oil system drains.
Accessible drains incorporating either a manual or automatic means
for positive locking in the closed position, must be provided to allow
safe drainage of the entire oil system.
Sec. 121.243 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water
vapor that may freeze and obstruct the line cannot accumulate at any
point.
(b) Engine breathers must discharge in a location that does not
constitute a fire hazard in case foaming occurs and
[[Page 110]]
so that oil emitted from the line does not impinge upon the pilots'
windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
Sec. 121.245 Fire walls.
Each engine, auxiliary power unit, fuel-burning heater, or other
item of combustion equipment that is intended for operation in flight
must be isolated from the rest of the airplane by means of firewalls or
shrouds, or by other equivalent means.
Sec. 121.247 Fire-wall construction.
Each fire wall and shroud must--
(a) Be so made that no hazardous quantity of air, fluids, or flame
can pass from the engine compartment to other parts of the airplane;
(b) Have all openings in the fire wall or shroud sealed with close-
fitting fire-proof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
Sec. 121.249 Cowling.
(a) Cowling must be made and supported so as to resist the vibration
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of
the cowling in normal ground and flight attitudes. Drains must not
discharge in locations constituting a fire hazard. Parts of the cowling
that are subjected to high temperatures because they are near exhaust
system parts or because of exhaust gas impingement must be made of
fireproof material. Unless otherwise specified in these regulations all
other parts of the cowling must be made of material that is at least
fire resistant.
Sec. 121.251 Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a
diaphragm that complies with Sec. 121.247 must be provided on air-
cooled engines to isolate the engine power section and all parts of the
exhaust system from the engine accessory compartment.
Sec. 121.253 Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance
with Sec. Sec. 121.255 through 121.261.
(b) Designated fire zones are--
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine
and accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters,
and other combustion equipment.
Sec. 121.255 Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing
flammable fluids or gases may be located in designated fire zones,
except where the fluid contained, the design of the system, the
materials used in the tank, the shutoff means, and the connections,
lines, and controls provide equivalent safety.
(b) At least one-half inch of clear airspace must be provided
between any tank or reservoir and a firewall or shroud isolating a
designated fire zone.