[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30432-30435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14565]




[[Page 30431]]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 119, 121, and 135



Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-
Demand Operations: Corrections and Editorial Changes; Final Rule

  Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules 
and Regulations  

[[Page 30432]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 119, 121 and 135

[Docket No. 28154; Amendment Nos. 119-2, 121-259, and 135-65]
Rin 2120-AG03


Operating Requirements: Domestic Flag, Supplemental, Commuter, 
and On-Demand Operations: Corrections and Editorial Changes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts changes that are editorial or 
typographical in nature in parts 119, 121, and 135. The changes are 
necessary to correct errors or clarify the intent of the regulations 
published on December 20, 1995 (60 FR 65832). The changes in this 
amendment will not impose any additional restrictions on persons 
affected by these regulations.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:
Linda Williams, Office of Rulemaking (ARM-100); Federal Aviation 
Administration, 800 Independence Avenue, SW, Washington, DC 20591; 
telephone (202) 267-9685.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 1995, new part 119, Certification: Air Carriers and 
Commercial Operators, was published in the Federal Register (60 FR 
65832; December 20, 1995). Part 119 reorganizes, into one part, 
certification and operations specifications requirements that formerly 
existed in SFAR 38-2 and in parts 121 and 135. The final rule for new 
part 119 also deleted or changed certain sections in part 121, Subparts 
A through D, and part 135, Subpart A, because the requirements in those 
subparts have been recodified in part 119. Also on December 20, 1995, a 
final rule was published that upgrades the training requirements for 
part 121 operators and requires certain part 135 operators to conduct 
their training under the requirements of part 121 (60 FR 65940). On 
January 26, 1996, another final rule was published (61 FR 2608) 
affecting parts 119, 121, and 135. That amendment made editorial and 
terminology changes in the remaining subparts of parts 121 and 135 to 
conform those parts to the language of part 119 and to make certain 
other changes.
    Part 119 was issued as part of a large rulemaking effort to upgrade 
the requirements that apply to scheduled operations conducted in 
airplanes that seat 10 to 30 passengers. These operations will in the 
future be conducted under the requirements of part 121, in accordance 
with the final rule published on December 20, 1995.
    The changes in this final rule are necessary because, as a result 
of the implementation of part 119 and the beginning of the transition 
process for commuter operations affected by the final rule published on 
December 20, 1995, a number of questions of interpretation have been 
raised and errors in previous final rules have been identified. The 
changes in this document make necessary corrections and will help to 
clarify the intent of part 119, the training rule, and the commuter 
rule.

Preamble Correction

    In the preamble to the commuter final rule, the FAA attributed a 
comment incorrectly. The statement on 60 FR 65872 that the Regional 
Airline Association recommends that the FAA require each certificate 
holder to equip its airplanes with TCAS II and a Mode S transponder was 
incorrect. This recommendation was made by the Air Line Pilots 
Association.

Editorial Changes

    A number of changes are necessary in parts 119, 121, and 135 to 
correct typographical errors, to make minor editorial changes that help 
clarify the intent of the rules, or to make editorial changes that make 
related rules consistent with each other. These types of changes are 
not individually explained. However, a number of changes are being made 
that require some explanation, which follows:
    1. Section 119.2 and SFAR 38-2 are amended to reinstate certain 
part 121 and 135 sections that were removed by the commuter rule to 
make it clear that persons who originally were certificated under SFAR 
38-2 must continue to comply with those sections in parts 121 and 135, 
that have been recodified into part 119, until they receive new 
operations specifications issued under part 119, or until March 20, 
1997, whichever occurs first.
    2. New paragraph (j) is added to Sec. 121.2 to clarify how 
crewmembers and certificate holders transitioning to part 121 can 
obtain credit for training and qualification obtained under part 135.
    3. Section 121.404 is amended by correcting the date in the 
introductory paragraph to March 19, 1998, as was originally published 
in the Air Carrier and Commercial Operator Training Programs (60 FR 
65940, December 20, 1995).
    4. Sections 121.721, 121.723, and 135.43 are amended to clarify the 
status of international crewmember certificates. The FAA no longer 
issues these certificates because the State Department no longer 
processes them; however crewmembers who already have been issued these 
certificates may continue to use them.
    5. Sections 121.431 and 135.3 are revised to remove the redundant 
phrase ``* * *or with airplanes having a passenger seating 
configuration of 10 seats or more.''

Corrections to Tables

    Several additional corrections are necessary for Tables 2-4, which 
were originally published on December 20, 1995 (60 FR 65850, 65888, 
65890) and were republished on January 26, 1996 (61 FR 2618, 2619, and 
2621), as follows:
    1. In Table 2--Comparable Sections in Parts 121 and 135, the word 
``underwater'' in the listing under Subpart K should be ``overwater.''
    2. In Table 4--Distribution Table for Part 119, correct the listing 
for Sec. 121.5, which was replaced by Sec. 119.21(a), not 
Sec. 119.49(a).

Federalism Implications

    The regulations do not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among 
various levels of government. Thus, in accordance with Executive Order 
12612, it is determined that such a regulation does not have federalism 
implications warranting the preparation of a Federalism Assessment.

Paperwork Reduction Act

    The information collection requirements associated with this rule 
have already been approved. There will be a decrease in the paperwork 
requirements as a result of the elimination of the issuance of the 
certificate formerly issued to crewmembers engaged in international 
travel in accordance with sections 121.723 and 135.43.

Good Cause Justification for Immediate Adoption

    This amendment is needed to make editorial corrections in parts 
119, 121, and 135. In view of the need to expedite these changes, and 
because the amendment is editorial in nature and would impose no 
additional burden on the public, I find that notice and

[[Page 30433]]

opportunity for public comment before adopting this amendment is 
unnecessary.

Conclusion

    The FAA has determined that this regulation imposes no additional 
burden on any person. Accordingly, it has been determined that the 
action: (1) Is not a significant rule under Executive Order 12866; and 
(2) is not a significant rule under Department of Transportation 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
Also because this regulation is of editorial nature, no impact is 
expected to result and a full regulatory evaluation is not required. In 
addition, the FAA certifies that the rule will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects

14 CFR Part 119

    Administrative practice and procedures, Air carriers, Air taxis, 
Aircraft, Aviation safety, Charter flights, Commuter operations, 
Reporting and recordkeeping requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements.

14 CFR Part 135

    Aircraft, Airplanes, Airworthiness, Air transportation.

The Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends the Federal Aviation Regulations (14 CFR parts 
119, 121, and 135) as follows:

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    1. The authority citation for part 119 continues to read as 
follows:

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

    2. Section 119.2 is revised to read as follows:


Sec. 119.2   Compliance with 14 CFR part 119 or SFAR 38-2 of parts 121 
and 135 of this chapter.

    (a) Each certificate holder that before January 19, 1996, was 
issued an air carrier certificate or operating certificate and 
operations specifications under the requirements of part 121, 135, or 
SFAR 38-2 of parts 121 and 135 of this chapter shall continue to comply 
with SFAR 38-2 of parts 121 and 135 of this chapter until March 20, 
1997, or until the date on which the certificate holder is issued 
operations specifications in accordance with part 119, whichever occurs 
first. In addition, persons conducting operations under SFAR 38-2 of 
parts 121 and 135 of this chapter shall continue to comply with the 
applicable requirements of Secs. 121.6, 121.57, 121.59, 121.61, 121.71 
through 121.83. 135.5. 135.11(c), 135.15, 135.17, 135.27. 135.29, 
135.33, 135.35. 135.37. and 135.39 of this chapter as in effect on 
January 18, 1996, until March 20, 1997, or until the date on which the 
certificate holder is issued operations specifications in accordance 
with part 119, whichever occurs first. If a certificate holder is 
issued operations specifications in accordance with part 119 before 
March 20, 1997, then, notwithstanding all provisions in SFAR 38-2 of 
parts 121 and 135 of this chapter, such certificate holder shall comply 
with the provisions of part 119.
    A copy of these regulations may be obtained from the Federal 
Aviation Administration, Office of Rulemaking (ARM), 800 Independence 
Ave., SW., Washington, DC 20591, or by phone (202) 267-9677.
    (b) Each person who on or after January 19, 1996, applies for or 
obtains an initial air carrier certificate or operating certificate and 
operations specifications to conduct operations under part 121 or 135 
of this chapter shall comply with this part, notwithstanding all 
provisions of SFAR 38-2 of parts 121 and 135 of this chapter.
    3. Section 119.3 is amended by revising the introductory text of 
the definition for ``commuter operation,'' revising paragraph (1)(ii) 
of the definition for ``on-demand operation,'' revising paragraphs 
(1)(iii) and (2)(i) and adding pargarph (1)(iv) of the definition for 
``supplemental operation,'' and revising the introductory text of the 
definition for ``when common carriage is not involved or operations not 
involving common carriage'' to read as follows:


Sec. 119.3   Definitions.

* * * * *
    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:
* * * * *
    On-demand operation * * *
    (1)  * * *
    (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
* * * * *
    Supplemental operation * * *
    (1)  * * *
    (iii) Each propeller-powered airplane having a passenger-seat 
configuration of more than 9 seats and less than 31 seats, excluding 
each crewmember seat, that is also used in domestic or flag operations 
and that is so listed in the operations specifications as required by 
Sec. 119.49(a)(4) for those operations; or
    (iv) Each turbojet powered airplane having a passenger seat 
configuration of 1 or more and less than 31 seats, excluding each 
crewmember seat, that is also used in domestic or flag operations and 
that is so listed in the operations specifications as required by 
Sec. 119.49(a)(4) for those operations.
    (2) * * *
    (i) Passenger-carrying operations for which the departure time, 
departure location, and arrival location are specifically negotiated 
with the customer or the customer's representative; or
* * * * *
    When common carriage is not involved or operations not involving 
common carriage means any of the following:
* * * * *
    4. Section 119.21 is amended by revising the section heading and by 
revising paragraph (a) introductory text, and (a)(3) to read as 
follows:


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:
* * * * *
    (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

[[Page 30434]]

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.
* * * * *
    5. Section 119.23 is amended by revising the introductory text of 
paragraph (b) to read as follows:


Sec. 119.23   Operators engaged in passenger-carrying operations, cargo 
operations, or both with airplanes when common carriage is not 
involved.

* * * * *
    (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--
* * * * *
    6. Section 119.33 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec. 119.33  General requirements.

* * * * *
    (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.* * *
* * * * *
    7. Section 119.63 is amended by revising the introductory text of 
paragraph (b) to read as follows:


Sec. 119.63  Recency of operation.

* * * * *
    (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--
* * * * *
    8. Section 119.67 is amended by revising paragraph (d)(3) to read 
as follows:


Sec. 119.67  Management personnel: Qualifications for operations 
conducted under part 121 of this chapter.

* * * * *
    (d) * * *
    (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.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    8. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    9. Special Federal Aviation Regulation 38-2 is amended by adding a 
new paragraph (d) to section 1 to read as follows:

SFAR No. 38-2--Certification and Operating Requirements

    1. * * *
    (d) Persons conducting operations under this SFAR shall continue 
to comply with the applicable requirements of Secs. 121.6, 121.57, 
121.59, 121.61, 121.71 through 121.83, 135.5, 135.11(c), 135.15, 
135.17, 135.27, 135.29, 135.33, 135.35, 135.37, and 135.39 of this 
chapter as in effect on January 18, 1996, until March 20, 1997, or 
until the date on which the certificate holder is issued operations 
specifications in accordance with part 119, whichever occurs first. 
A copy of these regulations may be obtained from the Federal 
Aviation Administration, Office of Rulemaking (ARM), 800 
Independence Ave., SW., Washington, DC 20591, or by phone (202) 267-
9677.
* * * * *
    10. Section 121.2 is amended by revising paragraphs (d)(1) 
introductory text and (d)(2) introductory text, (d)(2)(ii) and (h); and 
adding new paragraph (j) to read as follows:


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

* * * * *
    (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)(10(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:
* * * * *
    (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:
* * * * *
    (ii) December 20, 2010: Sec. 121.305(j), third attitude indicator.
* * * * *
    (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.
* * * * *
    (j) Any training or qualification obtained by a crewmember under 
part 135 of this chapter before March 20, 1997, is entitled to credit 
under this part for the purpose of meeting the requirements of this 
part, as determined by the Administrator. Records kept by a certificate 
holder under part 135 of this chapter before March 20, 1997, can be 
annotated, with the approval of the Administrator, to reflect 
crewmember training and qualification credited toward part 121 
requirements.
    11. Section 121.157 is amended by revising paragraph (e) and the 
introductory text of paragraph (f) to read as follows:


Sec. 121.157  Aircraft certification and equipment requirements.

* * * * *
    (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:
* * * * *


Sec. 121.317  [Amended]

    12. Section 121.317(l) is amended by changing the date ``December 
22, 1997'' to ``December 20, 1997.''
    13. Section 121.385(c) is revised to read as follows:


Sec. 121.385  Composition of flight crew.

* * * * *
    (c) The minimum pilot crew is two pilots and the certificate holder 
shall

[[Page 30435]]

designate one pilot as pilot in command and the other second in 
command.
* * * * *
    14. Section 121.404 is revised to read as follows:


Sec. 121.404  Compliance dates: Crew and dispatcher resource management 
training.

    After March 19, 1998, no certificate holder may use a person as a 
flight crewmember, and after March 19, 1999, no certificate holder may 
use a person as a flight attendant or aircraft dispatcher unless that 
person has completed approved crew resource management (CRM) or 
dispatcher resource management (DRM) initial training, as applicable, 
with that certificate holder or with another certificate holder.
    15. Section 121.406 is amended by revising the section heading to 
read as follows:


Sec. 121.406  Credit for previous CRM/DRM training.

* * * * *
    16. Section 121.431 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 121.431  Applicability.

    (a) * * * The qualification requirements of this subpart also apply 
to each certificate holder that conducts commuter operations under part 
135 of this chapter with airplanes for which two pilots are required by 
the aircraft type certification rules of this chapter * * *
* * * * *
    17. Section 121.721 is revised to read as follows:


Sec. 121.721  Applicability.

    This section describes the certificates that were issued to United 
States citizens who were employed by air carriers at the time of 
issuance as flight crewmembers on United States registered aircraft 
engaged in international air commerce. The purpose of the certificate 
is to facilitate the entry and clearance of those crewmembers into ICAO 
contracting states. They were issued under Annex 9, as amended, to the 
Convention on International Civil Aviation.
    18. Section 121.723 is revised to read as follows:


Sec. 121.723  Surrender of international crewmember certificate.

    The holder of a certificate issued under this section, or the air 
carrier by whom the holder is employed, shall surrender the certificate 
for cancellation at the nearest FAA Flight Standards District Office at 
the termination of the holder's employment with that air carrier.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

    19. The authority citation for part 135 continues to read as 
follows:

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

    20. Section 135.2 is amended by removing paragraphs (h) and (i), by 
revising the first sentence of paragraph (c), and by revising (d)(1) 
introductory text, and (d)(2) introductory text to read as follows:


Sec. 135.2  Compliance schedule for operators that transition to part 
121 of this chapter; certain new entrant operators.

* * * * *
    (c) Regular or accelerated compliance. Except as provided in 
paragraphs (d), and (e) of this section, each certificate holder 
described in paragraph (a)(1) of this section shall comply with each 
applicable requirement of part 121 of this chapter on and after March 
20, 1997 or on and after the date on which the certificate holder is 
issued operations specifications under this part, whichever occurs 
first. * * *
    (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:
* * * * *
    (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:
* * * * *
    21. Section 135.3 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 135.3  Rules applicable to operations subject to this part.

* * * * *
    (b) After March 19, 1997, each certificate holder that conducts 
commuter operations under this part with airplanes in which two pilots 
are required by the type certification rules of this chapter shall 
comply with subparts N and O of part 121 of this chapter instead of the 
requirements of subparts E, G, and H of this part. * * *
* * * * *
    22. Section 135.43 is revised to read as follows:


Sec. 135.43  Crewmember certificates: International operations.

    (a) This section describes the certificates that were issued to 
United States citizens who were employed by air carriers at the time of 
issuance as flight crewmembers on United States registered aircraft 
engaged in international air commerce. The purpose of the certificate 
is to facilitate the entry and clearance of those crewmembers into ICAO 
contracting states. They were issued under Annex 9, as amended, to the 
Convention on International Civil Aviation.
    (b) The holder of a certificate issued under this section, or the 
air carrier by whom the holder is employed, shall surrender the 
certificate for cancellation at the nearest FAA Flight Standards 
District Office at the termination of the holder's employment with that 
air carrier.
    23. Section 135.64 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 135.64  Retention of contracts and amendments: Commercial 
operators who conduct intrastate operations for compensation or hire.

* * * * *
    (b) * * *
    (2) The information required by Sec. 119.35(g)(2), (g)(7), and 
(g)(8) of this chapter;
* * * * *
    Issued in Washington, DC, on June 4, 1996.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 96-14565 Filed 6-13-96; 8:45 am]
BILLING CODE 4910-13-M