[Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
[Proposed Rules]
[Pages 5076-5091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2024]
[[Page 5075]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 21, et al.
Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-
Demand Operations; Editorial and Other Changes; Proposed Rule
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 /
Proposed Rules
[[Page 5076]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 25, 91, 119, 121, 125 and 135
[Docket No. 28154; Notice No. 97-1]
RIN 2120-AG26
Operating Requirements: Domestic, Flag, Supplemental, Commuter,
and On-Demand Operations: Editorial and Other Changes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes changes that are mostly editorial or
typographical in nature in parts 21, 25, 91, 119, 121, 125, and 135.
Most of the proposed changes are necessary to correct errors, make
terminology consistent, or clarify the intent of the regulations
published on December 20, 1995 (60 FR 65832). A few changes are to
clarify existing rules or to deal with other long-standing issues not
involving major substantive change (e.g. codifying long-standing
exemptions). A new Special Federal Aviation Regulation is proposed to
address three problems that relate to compliance with requirements for
communications facilities and aircraft dispatchers by operators in
Alaska and other areas.
DATES: Comments must be received on or before March 5, 1997.
ADDRESSES: Comments on this notice should be mailed or delivered in
triplicate to: Federal Aviation Administration, Office of the Chief
Counsel, Attention: Rules Docket (AGC-20), Docket No. 28154, 800
Independence Avenue, SW., Washington, DC 20591. Comments may also be
submitted to the Rules Docket by using the following Internet address:
[email protected]. Comments must be marked Docket No. 28154.
Comments may be examined in the Rules Docket, Room 915-G on weekdays
between 8:30 a.m. and 5:00 p.m., except on Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Katherine Hakala, Flight Standards
Service (AFS); Federal Aviation Administration, 800 Independence
Avenue, SW, Washington, DC 20591; telephone (202) 267-8166 or 267-3760.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments.
Comments should carry the regulatory docket or notice number and
should be submitted in triplicate to the Rules Docket address specified
above. All comments received and a report summarizing any substantive
public contact with FAA personnel on this rulemaking will be filed in
the docket. The docket is available for public inspection both before
and after the closing date for receiving comments.
Before taking any final action on this proposal, the Administrator
will consider the comments made on or before the closing date for
comments, and the proposal may be changed in light of the comments
received.
The FAA will acknowledge receipt of a comment if the commenter
includes a self-addressed, stamped postcard with the comment. The
postcard should be marked ``Comments to Docket No. 28154.'' When the
comment is received by the FAA, the postcard will be dated, time
stamped, and returned to the commenter.
Availability of the NPRM
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service
(telephone: 202-512-1661).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs
for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by mail by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)
267-9677. Communications must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRM's should request from the FAA's Office of Rulemaking a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, that describes the application procedure.
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. 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. Additional
documents making editorial changes and corrections were published on
March 11, 1996 (61 FR 9612), and June 14, 1996 (61 FR 30432).
Part 119 was issued as part of a large rulemaking effort, known as
the ``commuter rule,'' to upgrade the requirements that apply to
scheduled operations conducted in airplanes that have a passenger seat
configuration of 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 proposed in this NPRM are important 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 would make necessary
corrections, would help to clarify the intent of part 119 and the
commuter rule, and would make other minor changes that are not directly
related to the commuter rule. In addition, a new Special Federal
Aviation Regulation (SFAR) is needed to address three problems that
relate to compliance with requirements for communications facilities
and for aircraft dispatchers by operators in Alaska and other areas.
Proposed changes
A number of changes are necessary in parts 21, 25, 91, 119, 121,
125, 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 proposed that require some explanation, which follows:
1. The definitions of ``on-demand operation,'' ``scheduled
operation,'' and
[[Page 5077]]
``supplemental operation'' would be revised to make it clear that
public charter operations conducted under 14 CFR part 380 are not
considered scheduled operations.
2. Section 119.5 would be amended to add new paragraph (k), which
incorporates former Sec. 135.31 into part 119. The distribution table
published with the part 119 final rule stated that Sec. 135.31 had been
replaced by Sec. 119.5, but the text was inadvertently omitted. As
proposed, this section would prohibit advertising or otherwise offering
to perform any operation unauthorized by the FAA, and it would apply to
any person, including certificate holders operating under part 121, as
well as those operating under part 135. The FAA believes this is an
appropriate extension since no person should be allowed to offer to
perform operations that it has not proven to the FAA that it can
perform safely. The FAA does not want an operator to carry people or
property for compensation or hire unless that operator is appropriately
certificated and unless it operates under the appropriate regulations.
The proposed rule would be a useful enforcement tool that could be
employed before a compensation or hire operation occurs by an operator
that is not appropriately certificated and not in compliance with rules
applicable for most compensation or hire operations.
This proposed amendment also adds Secs. 119.5(1). When former
sections 135.5 and 121.3 were recodified into one part 119, it was the
FAA's intention that all of the situations covered by those sections
would be covered in new sections 119.5(g) and 119.33. In June 1996, the
FAA reinstated (effective July 15, 1996) the provisions of former
sections 135.5 and 121.3 by adding a new paragraph 1(d) to SFAR 38-2.
See 61 FR 30432.
One situation that was not adequately covered in the current
provisions of part 119--but which was covered by former sections 135.5
and 121.3 and is covered by the soon-to-expire SFAR 38-2 paragraph
1(d)--is the situation where an employee of a certificate holder, with
or without the certificate holder's knowledge, violates the provisions
of the certificate holder's operations specifications. For example, a
certificate holder only has all-cargo operations specifications. A
flight crewmember employee brings along a friend as a passenger on the
commercial flight. No compensation is paid for the carriage of the
passenger, whose presense is not necessary for the cargo-only flight.
Because the flight crewmember did not act as a direct air carrier or
commercial operator, the prohibitions in section 119.5(g) are
inapplicable. However, under former sections 135.5 and 121.3 (and under
paragraph 1(d) of SFAR 38-2), the flight crewmember could be charged
for violating limitations in the certificate holder's operations
specifications. In other words, if the certificate was only authorized
to carry cargo, the carriage of passengers would be contrary to the
limitations in the operations specifications. The FAA believes that
safety requires that people who operate aircraft under parts 121 and
135 must comply with the provisions in a certificate holder's
operations specifications.
3. Section 119.9 would be amended to add language that would allow
displaying the air carrier or operating certificate number on an
aircraft instead of the name of the certificate holder. By letter dated
June 28, 1996 the National Air Transportation Association (NATA)
petitioned the FAA in accordance with 14 CFR 11.25 to amend 14 CFR
119.9(b). NATA requested that the requirement of that section that the
name of the certificate holder who is operating the aircraft must be
``legibly displayed on the aircraft'' be changed ``to allow displaying
the air carrier or operating certificate number on the aircraft in lieu
of the name of the certificate holder.'' In its petition NATA stated
that it ``represents a very diverse and large number of part 135 on-
demand operators who are affected by the new requirement in part 119 to
display the name of the certificate holder on all aircraft operated
under part 135.'' NATA pointed out that it had in its comments to the
commuter rule NPRM (which included part 119) opposed this new
requirement and requested an exclusion for part 135 on-demand aircraft.
NATA's petition contained supporting arguments for the change it
requested which were primarily based on protecting the security and
privacy of certain on-demand operations.
A summary of the petition was published in the Federal Register on
July 31, 1996; the comment period closed on September 30, 1996.
Seventy-nine comments were received. Most of the comments received were
from on-demand operations who agreed with NATA that the FAA should not
require that the name of the operator be displayed on the aircraft for
reasons of security, the expense of repainting the aircraft whenever it
is leased or operated by another operator, and the confusion that may
result from being identified as a scheduled carrier. Commenters pointed
out that their clientele are business executives, entertainment
personalities, and political figures who choose their particular type
of travel to maintain privacy and to ensure greater security than
travel on scheduled airlines would afford. These operators point out
that posting the name of the operator on the aircraft would make it
easier for business competitors, media representatives, and those with
criminal intentions to track their clients and thus violate both
privacy and security. Comments also point out that the nature of the
on-demand industry, where aircraft may change operators on a daily
basis, make repainting the name of the operator on the aircraft an
expensive and time-consuming requirement. Some operators note that
contracts would have to be re-negotiated with owners who do not want
the name of a leasor displayed on the aircraft. Finally, these
operators comment that if a name is displayed on the side of an
aircraft, international operations may be subjected to tariffs and fees
charged to scheduled airlines as they may be confused as such. The
National Business Aircraft Association (NBAA) comments that an aircraft
may be listed on several air carrier certificates, lending confusion to
the FAA and public alike if all are displayed on the aircraft. The NBAA
supports the proposal, saying that it facilitates privacy and security.
Likewise, Helicopter Association International supports the proposal
and urges the FAA to amend Sec. 119.9(b) before its effective date. The
Airline Pilots Association comments that the proposed rule should have
no effect on the requirement for aircraft owned and operated in
scheduled air carrier service.
While the FAA does not necessarily agree with all of NATA's
justification, the FAA agrees that display of an air carrier or
operating certificate number will meet the intent of this requirement,
which is to provide a ready means of identifying a responsible
certificate holder when an aircraft is parked and the FAA has reason to
identify or contact the certificate holder. Therefore, the FAA proposes
to amend Sec. 119.9(b)(4) as requested by NATA.
It is proposed that the provision allowing the Assistant
Administrator for Civil Aviation Security to grant deviations from the
requirements of this section would be deleted. The FAA has reassessed
the need for deviations from this section and does not believe
deviations are necessary.
4. Section 119.21(a)(1) allows certificate holders conducting
domestic operations from the Aleutian Islands to other points in the
State of Alaska to request permission to comply with the dispatching
requirements of subpart U
[[Page 5078]]
of part 121 applicable to flag operations. The FAA proposes to allow
domestic operations conducted from the Pribilof Islands and the
Shumagin Islands to request this authority as well. In the final rule
for this NPRM, the FAA may include other Alaskan island locations in
this provision, if requested to do so by commenters and if adding the
names of those islands is consistent with safety considerations.
5. Section 119.35, as published in December 1995, contains the
application procedures for persons applying for either an Air Carrier
Operating Certificate or an Operating Certificate. Paragraph (c)
through (h) of that section contain additional financial and contract
reporting requirements for commercial operators conducting intrastate
operations. The FAA has received a number of inquiries about
Sec. 119.35, reflecting confusion over whether paragraphs (c) through
(h) contain additional requirements for air carriers. To make it clear
that the additional financial and contract reporting requirements apply
only to commercial operators, Sec. 119.35 is being split into 2
sections: Section 119.35 would contain just the certificate application
procedures that apply to all applicants, and new Sec. 119.36 would
contain the additional requirements for commercial operators. Section
121.713 would be corrected to incorporate new cross references to
Sec. 119.36.
Section 119.35 (c) through (h), as published in December 1995,
contained requirements that formerly appeared in Secs. 121.47 through
121.49. When these requirements were moved to part 119, they applied to
all commercial operators, including those intending to operate only
under part 135.
Section 135.64 was added to require contract retention and
financial reporting by commercial operators conducting operations under
part 135. The FAA believes that the extension of the financial
reporting requirements to part 135 commercial operators may not be
needed.
Proposed Sec. 119.36 distinguishes between requirements for all
commercial operators and those applicable only to commercial operators
under part 121. In addition, the financial reporting requirements of
Sec. 135.64(b) would be deleted; however, the contract retention
requirements in Sec. 135.64(a) would be retained.
6. Several changes are being proposed for the management
qualification requirements in Secs. 119.67 and 119.71.
Section 119.67 (c) and (d) would be revised to amend the
qualification requirements applicable to Directors of Maintenance and
Chief Inspectors under part 121. Section 119.71(e) would be revised to
amend the qualification and experience requirements applicable to the
Director of Maintenance under part 135. Both proposals establish
requirements for a person becoming the Director of Maintenance or Chief
Inspector for the first time. The FAA recognizes that one of the
primary functions and responsibilities of persons holding these
required positions is to provide management oversight and control for
the maintenance program as well as the quality assurance function. The
FAA believes these amendments will ensure that persons holding these
required management positions have the measure of experience and the
demonstrated capability of effectively managing these programs. Under
sections 119.67(c)(1) and 119.71(e)(1), the Director of Maintenance
must have held the airframe and powerplant ratings for 3 years. The FAA
believes that this is a reasonable amount of experience for the
position of Director of Maintenance and is consistent with current
section 119.67(d)(1) as well as usual industry practice. In addition,
the 1 year of maintenance experience in a supervisory capacity in
maintaining the category and class of airplane used by the certificate
holder, presently in the current rule, is now changed to a proposed
requirement for 3 years of supervisory experience within the last 6
years in a position that exercised operational control over maintenance
program functions. The FAA's use of the term ``operational control'' is
consistent with the current requirement for Director of Operations and
recognizes that the primary function of a Director is to manage the
overall program, whether it be a maintenance program or aircraft
operations. In addition, since certificate holders are required to
collect and analyze data relative to the performance and effectiveness
of the maintenance program and to correct deficiencies in that
maintenance program when deemed necessary, the FAA must ensure that
persons exercising control over the maintenance program have the level
of qualification and experience that will allow those persons to carry
out their duties and responsibilities with the degree of expertise
consistent with the certificate holder's responsibility to operate with
the highest possible degree of safety in the public interest. Under
section 119.67(c)(4)(B), the FAA proposes to replace the word
``repairing'' with the word ``maintaining'', as the latter is
consistent with the definition of maintenance as defined in section
1.1. In addition, the word ``maintaining'' reflects the broader
experience level more appropriate to the Director position.
For the Chief Inspector position, the proposed change in section
119.67(d)(2) to have 3 years of supervisory or managerial experience
within the last 6 years is consistent with current section
119.67(c)(4). The justification for this proposed change is the same as
the justification for the similar proposed change for Directors of
Maintenance. For both positions, the FAA finds it reasonable and
prudent to recognize the experience of those persons who have had
previous experience as Director of Maintenance or Chief Inspector by
proposing different experience requirements for persons who are new to
the positions versus those who have had previous experience.
Section 119.67(e) would be revised to clarify that certificate
holders may request a deviation from the experience requirements of the
section, but not from the airman certificate requirements of the
section. Therefore, a certificate holder would not be allowed to employ
a person who does not hold the required airman certificate (e.g., ATP
certificate, commercial pilot certificate, mechanic certificate).
Section 119.71 contains the management qualification requirements
that formerly appeared in Sec. 135.39. Section 119.71 (b) and (d)
require that the Director of Operations and the Chief Pilot,
respectively, must hold at least a commercial pilot certificate with an
instrument rating. However, under former Sec. 135.39 the instrument
rating was required only if any pilot in command for that certificate
holder was required to have an instrument rating. For operations such
as a VFR only helicopter operation, the pilot in command is not
required to hold an instrument rating. Therefore Sec. 119.71 (b) and
(d) would be revised to match the intent of former Sec. 135.39.
Section 119.71(e) would be revised to clarify the qualification
requirements to Directors of Maintenance under part 135 and to
establish requirements for a person becoming the Director of
Maintenance for the first time.
7. A new Special Federal Aviation Regulation would be added to part
121 to address two problems that relate to compliance with Sec. 121.99
and a third problem that relates to compliance with Sec. 121.395. The
first involves certain communications problems that exist in Alaska and
other areas that affect certificate holders who are required by
Sec. 121.99 to ``show that a two-way air/ground communication system is
available at all points that will ensure reliable and rapid
communications
[[Page 5079]]
under normal operating conditions over the entire route (either direct
or via approved point circuits) between each airplane and the
appropriate dispatch office and between each airplane and the
appropriate air traffic control unit.'' In certain areas the lack of
infrastructure or appropriate technology currently prevents certificate
holders from establishing such systems. For other certificate holders,
the nature of their operations (e.g., flying at low altitudes or in
mountainous terrain) prevents them from using current communication
systems that may be reliable only at higher altitudes. The proposed
SFAR would require such certificate holders to comply with the ``over
the entire route'' language of Sec. 121.99 to the maximum extent
feasible. However, a certificate holder who shows to the Administrator
that communications gaps exist due to such reasons as lack of
infrastructure, ATC operating restrictions, the terrain, operating
altitude, or feasibility of a certain kind of communications system,
would be allowed to continue to operate over that route if the
certificate holder establishes alternative procedures for prompt re-
establishment of communication, for establishment that the airplane
arrived at its destination, and for flight locating purposes. Relief
would only be granted after the certificate holder shows that it will
meet the requirements to the maximum extent possible. In granting such
approval, the Administrator would consider the following:
a. The operator has an established dispatch communication system.
b. Gaps in communication are not over the entire route, but only
over portions of the route.
c. When communication gaps occur, they occur due to lack of
infrastructure, geographical considerations, or assigned operating
altitude.
d. Procedures are established for the prompt re-establishment of
communications.
e. The operator has presented a plan or schedule for coming into
compliance with the communications requirements in Sec. 121.99.
The certificate holder would obtain the approval of the
Administrator, coordinated through the FAA's Air Transportation
Division (AFS-200), in its operations specifications. This type of
alternative compliance approval would only be available for scheduled
operations with airplanes having a passenger-seat configuration of 30
seats or fewer, excluding each crewmember seat, and a payload capacity
of 7,500 pounds or less under part 121 of this chapter.
The second Sec. 121.99 related problem involves certificate holders
who conducted or who might in the future conduct scheduled intrastate
operations in Alaska. Under the pre-commuter rule amendments these
operations operated under the rules applicable to flag air carriers and
thus, under the last sentence of Sec. 121.99, were not prohibited from
using a communications system operated by the United States. For
certificate holders operating intrastate in Alaska, whether
certificated before or after January 19, 1996, it is impractical at the
present time to require that the required communications system be
independent of any system operated by the United States. Therefore even
though these certificate holders will otherwise be required to comply
with the operating rules for domestic operations, under the proposed
SFAR they would be allowed to use systems operated by the United
States, when there is no practical alternative, for the effective
period of the SFAR. The FAA further proposes to amend Sec. 121.99 to
require that, concurrent with the expiration of the SFAR, all flag
operations in Alaska, not just those affected by the commuter rule
change mentioned above, have communications systems that are
independent of any system operated by the United States.
The third issue addressed by the proposed SFAR relates to the use
of aircraft dispatchers by former commuter operations in Alaska who are
required by the commuter rule to conduct those operations under the
rules for domestic operations in part 121. Normally the FAA requires
that each certificate holder subject to Sec. 121.395 have aircraft
dispatchers that work solely for that certificate holder. However,
small operations located in remote areas find it hard to attract
qualified, certificated aircraft dispatchers to work and live in those
areas. Furthermore the workload often does not justify devoting a staff
position to that function. Therefore the FAA proposes to allow
certificate holders conducting scheduled operations in Alaska with
airplanes having a passenger-seat configuration of 30 seats or fewer,
excluding each crewmember seat, and a payload capacity of 7,500 pounds
or less under part 121 of this chapter, to share aircraft dispatchers
if they are authorized to do so by the Administrator. Before granting
such an authorization, the Administrator would consider:
i. The operators' joint plans for complying with the aircraft
dispatcher training rules in subpart N of part 121 of this chapter and
the aircraft dispatcher qualification and duty time limitation rules in
subpart P of part 121 of this chapter.
ii. The number of flights that the aircraft dispatcher would be
responsible for.
iii. Whether the responsibilities of the dispatcher would be beyond
the capability of a single dispatcher.
The SFAR would expire 4 years after it is issued because the FAA
expects that adequate communications facilities will become available
in all parts of Alaska and other areas within that time.
8. Section 121.99 would also be amended to allow for ``other means
of communication approved by the Administrator'' as an alternative to
the two-way radio communication system required by that section. This
would allow certificate holders to use other types of technology, such
as datalink or telephonic communication systems, to comply with this
section.
9. In the commuter rule, Sec. 121.133 was revised to allow a
certificate holder to prepare its maintenance manual in any form
acceptable to the Administrator. Previously, certificate holders were
limited to printed form or microfilm. The FAA proposes to amend the
manual requirements in Secs. 121.137 121.139, 125.71, 135.21, and
135.427 to include the ``any form acceptable to the Administrator''
language. In addition, these sections would be amended to clarify that,
regardless of the form of the maintenance manual, it must be
retrievable in the English language. Certificate holders who purchase
equipment from foreign manufacturers or previous foreign owners must
ensure that the maintenance instructions to be followed by their
employees and reviewed by the FAA are in English.
10. Section 121.305(j), as published in December 1995, contained
two new provisions requiring third attitude indicators in
turbopropeller powered airplanes having a passenger seat configuration
of 30 seats or fewer. However, the new rule language made it unclear
what the continuing requirements are for turbopropeller powered
airplanes with more than 30 seats. These airplanes have been required
to have third attitude indicators since October 1994. Therefore
Sec. 121.305(j) would be revised to clarify the requirements for each
size of airplane.
11. Two changes are necessary to address compliance with the
emergency lighting and marking requirements in Sec. 121.310 by
operators of 10-19 seat aircraft that are affected by the commuter
rule.
First, paragraph (b)(1) of Sec. 121.310 requires that the identity
and location of each passenger emergency exit must be
[[Page 5080]]
marked so that the exit is recognizable from a distance equal to the
width of the cabin and that the location of the exit must be indicated
by a sign visible to occupants approaching along the main passenger
aisle. (A passenger is considered to be ``approaching along the main
aisle'' when that passenger rises from the seat and steps into the
aisle.) Paragraph (b)(1)(i) requires that one of the locating signs
must be on the ceiling of the cabin. Most of the 10-19 seat airplanes
used by operators subject to the commuter rule do not have locating
signs on the ceiling, but have been allowed to use two-dimensional
signs mounted flush to the cabin sidewalls. The FAA did not
specifically address this issue in the preamble to the commuter rule,
but has recently learned that compliance with the requirements of
Sec. 121.310(b)(1) by March 20, 1997, will be impossible, because
complying signs have not been designed or manufactured for those
airplanes. Therefore the FAA proposes to allow 2 years from the date of
the final rule for this NPRM for the affected operators to install
emergency exit locating signs that comply with Sec. 121.310(b)(1). The
additional 2 years for compliance would be granted to both in-service
10-19 seat airplanes and newly manufactured 10-19 seat airplanes. The
simplest means of complying would be to replace the two-dimensional
signs with beveled or three-dimensional signs that can be read easily
at the cabin extremes; that type of sign would function to both
identify and locate the corresponding exit.
Second, Sec. 121.310(b)(2) identifies the certification
requirements for passenger emergency exit marking and locating signs.
The FAA intended that the airplanes used by commuter operators who are
transitioning to part 121 would continue to meet the certification
standards in the type certificate for each airplane. However, the
requirements of Sec. 121.310(b)(2) were based on the dates of the
application for airplane type certification as they related to
requirements for transport category airplanes; therefore it is
necessary to add a new subparagraph that provides for the 10-19 seat
nontransport category airplanes that will be operated under part 121.
The proposal would add a subparagraph (b)(2)(iii) to address the 10-19
passenger seat nontransport category airplanes. Similar to subparagraph
(b)(2)(i), it would mandate the sign luminescence be 160 microlamberts
at the time of manufacture; it would also prohibit the use of a sign in
service if the luminescence decreases to below 100 microlamberts.
Proposed subparagraph (b)(2)(iii) should provide adequate levels of
luminescence; the signs would have the same brightness as signs in some
transport category airplanes currently manufactured and currently
operated under part 121, which have longer distances between exits than
the 10-19 passenger seat airplanes.
The final rule for this NPRM will contain references to these
changes to Sec. 121.310 in a revised version of ``Table 1--Summary of
New Equipment and Performance Modifications for Affected Commuters''
from the commuter rule and in a revised version of Appendix L to part
121.
12. Section 121.333(c) would be amended to correct an omission
concerning the use of quick-donning oxygen masks at flight levels above
250 as a substitute for having one pilot at the controls wear and use
an oxygen mask at all times. For pressurized turbine engine powered
airplanes, Sec. 121.333(c) has allowed the availability of a quick-
donning mask to be a substitute for wearing and using a mask at all
times at or below flight level 410. However, under Sec. 135.89(b)(3) at
least one pilot at the controls of a pressurized airplane is required
at altitudes above flight level 350 to wear and use an oxygen mask at
all times. For those 10-30 passenger aircraft that will be operating
under part 121 as a result of the commuter rule amendments, flight
level 350 rather than flight level 410 would continue to be the
appropriate altitude at which at least one pilot at the controls would
be required to wear an oxygen mask at all times. Since the commuter
rule was not intended to relax this requirement, the FAA proposes to
amend Sec. 121.333(c) to incorporate the requirements of
Sec. 135.89(b)(3) for airplanes with less than 31 seats, excluding any
required crewmember seat and a payload capacity of 7,500 pounds. Since
affected operators are already complying with the part 135 requirement,
this proposed change would not impose any additional burden.
13. Section 121.437 would be amended to eliminate a redundancy that
was created by an earlier corrective amendment and by adding a new
sentence that would have the effect of codifying an existing exemption
that has been in effect since 1980.
By letter dated January 28, 1980, the Air Transport Association
petitioned the FAA for an exemption from Sec. 121.437(b) to allow its
members and pilots to continue to be issued category and class ratings
by presenting proof of compliance with the training requirements of
subpart N of part 121 and the proficiency check requirements of
Sec. 121.441 after July 1, 1980. A summary of the petition was
published in the Federal Register on February 28, 1980, and no comments
were received. Grant of Exemption No. 2965 was signed on April 23,
1980, allowing a pilot employed by a part 121 certificate holder as a
flight crewmember to be issued additional category and class ratings to
the pilot's certificate if the pilot has satisfactorily completed the
appropriate training requirements of subpart N and the proficiency
check requirements of Sec. 121.441 by presenting proof of this to the
Administrator. Exemption No. 2965 has been extended 9 times; the
current exemption is No. 2965I which expires on July 31, 1997.
By letter dated August 15, 1983, the ATA petitioned the FAA to
codify the relief provided in Exemption No. 2965 by amending
Sec. 121.437. A summary of the petition was published in the Federal
Register on September 29, 1983, and one comment was received. The Air
Line Pilots Association commented that if additional category and class
ratings are obtained in this way, that the proficiency check should be
administered by an FAA inspector or designated examiner.
The FAA partially agrees with ALPA that FAA inspectors or designees
should either observe or conduct a portion of all required proficiency
checks. In fact, as a matter of day to day operation, FAA approved work
programs mandate that a certain percentage of those proficiency checks
be observed by FAA inspectors during routine training program
surveillance. Over the 16 years that the exemption has been in effect,
the FAA has noted no derogation of safety. In this light and since the
FAA does not have the resources to conduct each proficiency check
required by the rule, the FAA proposes to codify Exemption 2965 into
Sec. 121.437.
Corrections to Tables
Table 2, Comparable Sections in Parts 121 and 135, originally
published in the Federal Register on December 20, 1995 (60 FR 65850),
and January 26, 1996 (61 FR 2618), is corrected and republished below.
Tables 3 and 4, the Derivation and Distribution Tables for Part
119, originally published in the Federal Register on December 20, 1995
(60 FR 65888-91), and January 26, 1996 (61 FR 2619), are corrected and
republished below.
[[Page 5081]]
Table 2.--Comparable Sections in Parts 121 and 135
[This table shows the comparable sections in parts 121 and 135 by issue. Affected commuters, however, must comply with all sections in part 121 that are
applicable to their operations, not just the ones listed in this table or discussed in this preamble.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subject 135 Section 121 Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121, Subparts E and F--Approval of Routes: 135.213.......................................... 121.97, 121.99, 121.101, 121.107.
Domestic, Flag, and Supplemental Operations.
Part 121, Subpart G--Manual Requirements:
Contents and personnel........................ 135.21, .23...................................... 121.133, .135, 121.137
Airplane flight manual........................ ................................................. 121.141
Part 121, Subpart I--Airplane Performance 135.365-.387..................................... 121.175-.197.
Operating Limitations.
Part 121, Subpart J--Special Airworthiness
Requirements:
Internal doors................................ ................................................. 121.217.
Cargo carried in the passenger compartment.... 135.87........................................... 121.285.
Landing gear aural warning device............. 135 APP A, Sec. 30............................... 121.289.
Emergency evacuation and ditching ................................................. 121.291.
demonstration.
New special airworthiness requirements
(retrofit) and requirements applicable to
future manufactured airplanes:
Ditching emergency exits.................. ................................................. 121.293(a) (new).
Takeoff warning system.................... ................................................. 121.293(b) (new).
Part 121, Subpart K--Instrument and Equipment 135.149.......................................... 121.305(j).
Requirements.
Third attitude indicator...................... ................................................. 121.308.
Lavatory fire protection...................... 135.177(b)....................................... 121.309(b).
Emergency equipment inspection................ 135.155.......................................... 121.309(c).
Hand-held fire extinguishers.................. 135.177(a)(1).................................... 121.309(d).
First aid kits and medical kits............... 135.177(a)(2).................................... 121.309(e).
Crash ax...................................... 135.178(c)-(h)................................... 121.310(c)-(h).
Emergency evacuation lighting and marking 135.117.......................................... 121.311(e).
requirements.
Seatbacks..................................... 135.171.......................................... 121.311(f).
Seatbelt and shoulder harnesses on the flight 135.169(a)....................................... 121.312(b).
deck.
Interior materials and passenger seat cushion ................................................. 121.313(c).
flammability.
Miscellaneous equipment....................... ................................................. 121.313(f)-(g), 121.587.
Cockpit doors and door keys................... ................................................. 121.314, .221.
Cargo and baggage compartments................ ................................................. 121.316.
Fuel tank access covers....................... 135.127.......................................... 121.317.
Passenger information......................... 135.159.......................................... 121.323.
Instruments and equipment for operations at 135.157.......................................... 121.327-.335.
night.
Oxygen requirements........................... ................................................. 121.333(d).
Portable oxygen for flight attendants......... ................................................. 121.337.
Protective breathing equipment (PBE).......... 135.167.......................................... 121.339.
Emergency equipment for extended overwater ................................................. 121.340.
operations.
Flotation devices............................. 135.158.......................................... 121.342.
Pitot heat indication system.................. 135.161.......................................... 121.345-.351.
Radio equipment............................... 135.177, .178.................................... 121.353.
Emergency equipment for operations over 135.180.......................................... 121.356.
uninhabited terrain.
TCAS.......................................... 135.152.......................................... 121.343.
Flight data recorders......................... 135.173, .175.................................... 121.357.
Airborne weather radar........................ 135.151.......................................... 121.359.
Cockpit voice recorders....................... ................................................. 121.358.
Low-altitude windshear systems................ 135.153.......................................... 121.360.
Ground proximity warning system (GPWS)
Part 121, Subpart L--Maintenance, Preventive
Maintenance, and Alterations:
Applicability................................. 135.411(a)(2).................................... 121.361.
Responsibility for Airworthiness.............. 135.413.......................................... 121.363.
Maintenance, preventive maintenance, and 135.423, .425.................................... 121.365, .367.
alteration organization.
Manual requirements........................... 135.427.......................................... 121.369.
Required inspection personnel................. 135.429.......................................... 121.371.
Continuing analysis and surveillance.......... 135.431.......................................... 121.373.
Maintenance and preventative maintenance 135.433.......................................... 121.375.
training programs.
Maintenance and preventative maintenance ................................................. 121.377.
personnel duty time limitations.
Certificate requirements...................... 135.435.......................................... 121.378.
Authority to perform and approve maintenance, 135.437.......................................... 121.379.
preventative maintenance, and alterations.
Maintenance recording requirements............ 135.439.......................................... 121.380.
Transfer of maintenance records............... 135.441.......................................... 121.380a.
Part 121, Subpart M--Airman and Crewmember
Requirements:
Flight attendant complement................... 135.107.......................................... 121.391.
Flight attendants being seated during movement 135.128(a)....................................... 121.391(d).
on the surface.
Flight attendants or other qualified personnel ................................................. 121.391(e), 121.417, 121.393 (new).
at the gate.
Part 121, Subparts N and O--Training Program and 135.291-135.353.................................. 121.400-121.459.
Crewmember Requirements.
[[Page 5082]]
Part 121, Subpart P--Aircraft Dispatcher ................................................. 121.461-121.465.
Qualifications and Duty Time Limitations:
Domestic and Flag Air Carriers.
Part 121, Subparts Q, R, and S--Flight Time 135.261-135.273.................................. 121.470-121.525.
Limitations and Rest Requirements: Domestic,
Flag, and Supplemental Operations.
Part 121, Subpart T--Flight Operations:
Operational control........................... 135.77, .79...................................... 121.533, .535, 121.537.
Admission to the flight deck.................. 135.75........................................... 121.547.
Emergency procedures.......................... 135.19, .69...................................... 121.551, .553, 121.557, .559 121.565 (new).
Passenger information......................... 135.117, .127.................................... 121.571(a), 121.573, 121.585.
Oxygen for medical use by passengers.......... 135.91........................................... 121.574.
Alcoholic beverages........................... 135.121.......................................... 121.575.
Retention of items of mass.................... 135.87, .122..................................... 121.576, .577.
Cabin ozone concentration..................... ................................................. 121.578(b).
Minimum altitudes for use of autopilot........ 135.93........................................... 121.579.
Forward observer's seat....................... 135.75........................................... 121.581.
Authority to refuse transportation............ 135.23(q)........................................ 121.586.
Carry-on baggage.............................. 135.87........................................... 121.589.
Airports...................................... 135.229.......................................... 121.590.
Part 121, Subpart U--Dispatching and Flight
Release Rules:
Flight release authority...................... ................................................. 121.597.
Dispatch or flight release under VFR.......... ................................................. 121.611.
Operations in icing conditions................ 135.227.......................................... 121.629.
Fuel reserves................................. 135.209, .223.................................... 121.639, .641, 121.643, .645.
Part 121, Subpart V--Records and Reports:
Maintenance log: Airplane..................... 135.65(c)........................................ 121.701(a).
Mechanical reliability reports................ 135.415.......................................... 121.703.
Mechanical interruption summary report........ 135.417.......................................... 121.705(b).
Alteration and repair reports................. 135.439(a)(2).................................... 121.707.
Airworthiness release or airplane log entry... 135.443.......................................... 121.709.
Other recordkeeping requirements.............. ................................................. 121.711, .713, 121.715.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3.--Derivation Table for Part 119
------------------------------------------------------------------------
New Section Based on
------------------------------------------------------------------------
Subpart A:
119.1(a)..................... New language.
119.1(b)..................... SFAR 38-2, Section 1(a).
119.1(c)..................... New language.
119.1(d)..................... New language.
119.1(e)..................... New language.
119.2........................ New language.
119.3........................ SFAR 38-2, Section 6 and new
language.
119.5(a)..................... SFAR 38-2, Section 2(a).
119.5(b)..................... SFAR 38-2, Section 2(b).
119.5(c)..................... New language.
119.5(d)..................... SFAR 38-2, Section 1(a)(3).
119.5(e)..................... SFAR 38-2, Section 1(a)(3).
119.5(f)..................... SFAR 38-2, Section 1(b).
119.5(g)..................... SFAR 38-2, Section 1(c), 121.4,
135.7.
119.5(h)..................... SFAR 38-2, Flush paragraph following
Section 1(a)(3) and new language.
119.5(i)..................... 121.27(a)(1), 121.51(a)(1),
135.13(a)(3).
119.5(j)..................... 135.33.
119.5(k)..................... 135.31.
119.7(a)..................... SFAR 38-2, Section 3.
119.7(b)..................... 121.23, 121.43.
119.9(a)..................... 135.29.
119.9(b)..................... New language.
Subpart B:
119.21(a).................... SFAR 38-2, Section 4(a), 121.3,
121.5.
119.21(b).................... SFAR 38-2, Section 4(b).
119.21(c).................... New language.
119.23(a).................... SFAR 38-2, Section 5(a).
119.23(b).................... SFAR 38-2, Section 5(b).
119.25(a).................... SFAR 38-2, Section 4(c), 5 (c), and
(d) and new language.
119.25(b).................... SFAR 38-2, Section 4(c), 5 (c), and
(d) and new language.
Subpart C:
119.31....................... SFAR 38-2, Section 1(c), 2 (a) and
(b), 121.3, and 135.5.
[[Page 5083]]
119.33(a).................... SFAR 38-2, Section 1(c), 2 (a) and
(b), 3, 121.3, 135.5, 135.13(a).
119.33(b).................... SFAR 38-2, Section 1(c), 2 (a) and
(b), 3, 121.3, 135.5, 135.13(a).
119.33(c).................... SFAR 38-2, Section 1(c), 2 (a) and
(b), 3, 121.3, 135.5, 135.13(a).
119.35(a).................... 121.26, 121.47(a), 135.11(a).
119.35(b).................... 121.26, 121.47(a), 135.11(a).
119.36(a).................... 121.47(a).
119.36(b).................... 121.47(b).
119.36(c).................... 121.47(c).
119.36(d).................... 121.47(d).
119.36(e).................... 121.48.
119.36(f).................... 121.49.
119.37(a).................... 121.25(a), 121.45(a), 135.11(b)(1)
and new language.
119.37(b).................... 121.25(a), 121.45(a), 135.11(b)(1)
and new language.
119.37(c).................... 121.25(a), 121.45(a), 135.11(b)(1)
and new language.
119.37(d).................... 121.25(a), 121.45(a), 135.11(b)(1)
and new language.
119.37(e).................... 121.25(a), 121.45(a), 135.11(b)(1)
and new language.
119.39(a).................... 121.27(a)(2), 121.51(a)(3),
135.11(b)(1).
119.39(b).................... 121.27(a)(2), 121.51, 135.13 (a)(2)
and (b).
119.41(a).................... 121.77(a), 135.15(a).
119.41(b).................... New language.
119.41(c).................... 121.77(b), 135.15(b).
119.41(d).................... 121.77(c), 135.15(b).
119.43(a).................... 121.75(b), 135.63(a)(2).
119.43(b).................... 121.75(b), 135.63(a)(2).
119.43(c).................... 121.75(a), 135.81.
119.47(a).................... 135.27(a).
119.47(b).................... 121.83, 135.27(b).
119.49(a).................... 121.5, 121.25(b), 121.45(b),
135.11(b), and new language.
119.49(b).................... 121.45(b), 135.11(b)(1) and new
language.
119.49(c).................... 135.11(b)(1) and new language.
119.51(a).................... 121.79(a), 135.17(a).
119.51(b).................... 121.79(b), 135.17(d).
119.51(c).................... 121.79(c), 135.17(b), and new
language.
119.51(d).................... 121.79(d), 135.17 (c) and (d).
119.51(e).................... 121.79(b), 135.17 (c) and (d).
119.53(a).................... 121.6(a).
119.53(b).................... New language.
119.53(c).................... 121.6(b).
119.53(d).................... 121.6(c).
119.53(e).................... New language.
119.53(f).................... New language.
119.55(a).................... 121.57 (a) and (b).
119.55(b).................... 121.57 (a) and (b).
119.55(c).................... 121.57 (a) and (b).
119.55(d).................... 121.57 (a) and (b).
119.55(e).................... 121.57 (a) and (b).
119.57(a).................... 121.57(c).
119.57(b).................... New language.
119.58(a).................... 135.19(b).
119.58(b).................... 135.19(a).
119.58(c).................... 135.19(c).
119.59(a).................... 121.81(a), 135.73, and new language.
119.59(b).................... 121.73, 121.81(a), 135.63(a), 135.73,
and new language.
119.59(c).................... 121.81(a).
119.59(d).................... New language.
119.59(e).................... New language.
119.59(f).................... New language.
119.61(a).................... 121.29(a), 121.53 (a), (c), and (d),
135.9(a).
119.61(b).................... 121.29(a), 121.53(c), and new
language.
119.61(c).................... 135.35.
119.63(a).................... New language.
119.63(b).................... New language.
119.65(a).................... 121.59(a).
119.65(b).................... 121.59(b).
119.65(c).................... 121.59(b).
119.65(d).................... 121.61 and new language.
119.65(e).................... 121.59(c).
119.67(a).................... 121.61(a) and new language.
119.67(b).................... 121.61(b) and new language.
119.67(c).................... 121.61(c), 135.39(c) and new
language.
119.67(d).................... 121.61(d) and new language.
119.67(e).................... 121.61(b), 135.39(d).
[[Page 5084]]
119.69(a).................... 135.37(a).
119.69(b).................... 121.59(b), 135.37(b).
119.69(c).................... 121.59(b).
119.69(d).................... 135.39 and new language.
119.69(e).................... 121.59, 135.37(c).
119.71(a).................... 135.39(a)(1) and new language.
119.71(b).................... 135.39(a)(2) and new language.
119.71(c).................... 135.39(b)(1) and new language.
119.71(d).................... 135.39(b)(2) and new language.
119.71(e).................... 135.39(c) and new language.
119.71(f).................... 135.39(d) and new language.
------------------------------------------------------------------------
Table 4.--Distribution Table for Part 121, Part 135, and SFAR 38-2
Sections Being Replaced by Part 119
------------------------------------------------------------------------
------------------------------------------------------------------------
Part 121: Replaced by:
121.3........................ 119.21(a); 119.31; 119.33.
121.4........................ 119.5(g).
121.5........................ 119.21(a).
121.6(a)..................... 119.53(a).
121.6(b)..................... 119.53(c).
121.6(c)..................... 119.53(d).
121.7........................ 119.21.
121.9........................ Deleted.
121.13....................... 119.25.
121.21....................... 119.1.
121.23....................... 119.7(b).
121.25(a).................... 119.37 (a), (b), (c), (d), (f), and
(g).
121.25(b).................... 119.49(a).
121.26....................... 119.35 (a) and (b).
121.27(a)(1)................. 119.5(i).
121.27(a)(2)................. 119.39 (a) and (b)
121.29(a).................... 119.61 (a) and (b).
121.41....................... 119.1.
121.43....................... 119.7(b).
121.45(a).................... 119.37 (a), (b), (c), (d), (e), (f),
and (g).
121.45(b).................... 119.49 (a) and (b).
121.47(a).................... 119.35(a), (b); 119.36(a).
121.47(b).................... 119.36(b).
121.47(c).................... 119.36(c).
121.47(d).................... 119.36(d).
121.48....................... 119.36(e).
121.49....................... 119.36(f).
121.51....................... 119.39(b).
121.51(a)(1)................. 119.5(i).
121.51(a)(3)................. 119.39(a).
121.53(a).................... 119.61(a).
121.53(c).................... 119.61 (a) and (b).
121.53(d).................... 119.61(a).
121.55....................... Deleted.
121.57(a).................... 119.55 (a), (b), (c), (d), and (e).
121.57(b).................... 119.55 (a), (b), (c), (d), and (e).
121.57(c).................... 119.57(a).
121.59....................... 119.69(e).
121.59(a).................... 119.65(a).
121.59(b).................... 119.65 (b) and (c); 119.69 (b) and
(c).
121.59(c).................... 119.65(e).
121.61....................... 119.65(d).
121.61(a).................... 119.67(a).
121.61(b).................... 119.67 (b) and (e).
121.61(c).................... 119.67(c).
121.61(d).................... 119.67(d).
121.71....................... 119.1.
121.73....................... 119.59(b).
121.75(a).................... 119.43(c).
121.75(b).................... 119.43 (a) and (b).
121.77(a).................... 119.41(a).
121.77(b).................... 119.41(c).
121.77(c).................... 119.41(d).
121.79(a).................... 119.51(a).
121.79(b).................... 119.51 (b) and (e).
121.79(c).................... 119.51(c).
[[Page 5085]]
121.79(d).................... 119.51(d).
121.81(a).................... 119.59 (a), (b), and (c).
121.83....................... 119.47(b).
Part 135: Replaced by:
135.5........................ 119.31; 119.33 (a), (b), and (c).
135.7........................ 119.5(g).
135.9(a)..................... 119.61(a).
135.11(a).................... 119.35 (a) and (b).
135.11(b).................... 119.49(a).
135.11(b)(1)................. 119.37 (a), (b), (c), (d), (e), (f),
and (g); 119.39(a); 119.49 (b) and
(c).
135.13(a).................... 119.33 (a), (b), and (c).
135.13(a)(2)................. 119.39(b).
135.13(a)(3)................. 119.5(i).
135.13(b).................... 119.39(b).
135.15(a).................... 119.41(a).
135.15(b).................... 119.41(b).
135.15(d).................... 119.41(d).
135.17(a).................... 119.51(a).
135.17(b).................... 119.51(c).
135.17(c).................... 119.51 (d) and (e).
135.17(d).................... 119.51 (b), (d), and (e).
135.19....................... 119.58.
135.27(a).................... 119.47(a).
135.27(b).................... 119.47(b).
135.29....................... 119.9(a).
135.31....................... 119.5(k).
135.33....................... 119.5(j).
135.35....................... 119.61(c).
135.37(a).................... 119.69(a).
135.37(b).................... 119.69(b).
135.37(c).................... 119.69(e).
135.39....................... 119.69(d).
135.39(a)(1)................. 119.71(a).
135.39(a)(2)................. 119.71(b).
135.39(b)(1)................. 119.71(c).
135.39(b)(2)................. 119.71(d).
135.39(c).................... 119.67(c); 119.71(e).
135.39(d).................... 119.67(e); 119.71(f).
121.63(a).................... 119.59(b).
121.63(a)(2)................. 119.43 (a) and (b).
121.73....................... 119.59 (a) and (b).
121.81....................... 119.43(c).
SFAR 38-2: Replaced by:
Section 1(a)................. 119.1(b).
Section 1(a)(3).............. 119.5 (d) and (e); 119.5(h).
Section 1(b)................. 119.5(f).
Section 1(c)................. 119.5(g); 119.31; 119.33 (a), (b),
and (c).
Section 2(a)................. 119.5(a); 119.31; 119.33 (a), (b),
and (c).
Section 2(b)................. 119.5(b); 119.31; 119.33 (a), (b),
and (c).
Section 2(c)................. 129.1.
Section 3.................... 119.7(a); 119.33 (a), (b), and (c).
Section 4(a)................. 119.21(a).
Section 4(b)................. 119.21(b).
Section 4(c)................. 119.25 (a) and (b).
Section 4(d)................. 119.25 (a) and (b).
Section 5(a)................. 119.23(a).
Section 5(b)................. 119.23 (b).
Section 5(c)................. 119.25 (a) and (b).
Section 5(d)................. 119.25 (a) and (b).
Section 6.................... 119.3.
------------------------------------------------------------------------
Federalism Implications
The proposed regulations do not have substantial direct effects on
the states, on the relationship between 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
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), there are no new requirements for information collection
associated with this proposed rule.
Conclusion
The FAA has determined that this proposed regulation would impose
no additional burden on any person. Accordingly, it has been determined
that the action: (1) Is not a significant
[[Page 5086]]
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). No cost impact is expected to result
and a full regulatory evaluation is not required. In addition, the FAA
certifies that the proposed rule would not have a significant cost
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 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 25
Air transportation, Aircraft, Aviation safety, Safety, Gusts.
14 CFR Part 91
Agriculture, Air traffic control, Aircraft, Airmen, Airports,
Aviation safety, Freight, Noise control, Political candidates,
Reporting and recordkeeping requirements.
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 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Aircraft, Airplanes, Airworthiness, Air transportation.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Title 14 CFR parts 21, 25, 91, 119,
121, 125, and 135 as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.
Sec. 21.431 [Amended]
2. Section 21.431 is amended in paragraph (b) by removing the
parenthetical ``(except air taxi operators)''.
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
3. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, and 44704.
Sec. 25.1303 [Amended]
4. Section 25.1303(b)(4) is amended by removing the reference to
``Sec. 121.305(j)'' and adding in place thereof a reference to
``Sec. 121.305(k).''
PART 91--GENERAL OPERATING AND FLIGHT RULES
5. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
6. Section 91.23 is amended by revising paragraph (b)(i)(ii) to
read as follows:
Sec. 91.23 Truth-in-leasing clause requirement in leases and
conditional sales contracts.
* * * * * *
(b) * * *
(1) * * *
(ii) the party furnishing the aircraft is a foreign air carrier or
a person operating under part 121, 125, and 141 of this chapter, or a
person operating under part 135 of this chapter having authority to
engage in on-demand operations with large aircraft.
7. Section 91.323 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 91.323 Increased maximum certificated weights for certain
airplanes operated in Alaska.
(a) * * *
(1) A certificate holder conducting operations under part 121 or
part 135 of this chapter; or
* * * * * *
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
8. 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, 44722, 44901, 44903, 44904, 44906, 44912,
44914, 44936, 44938, 46103, 46105.
9. Section 119.3 is amended by revising paragraph (1) introductory
text of the definition for ``on-demand operation,'' by revising the
definition for ``scheduled operation,'' and by revising paragraph (2)
of the definition of ``supplemental operation'' to read as follows:
Sec. 119.3 Definitions.
* * * * * *
On-demand operation means * * *
(1) Passenger-carrying operations conducted as a public charter
under part 380 of this title or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
* * * * * *
Scheduled operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or
commercial operator for which the certificate holder or its
representative offers in advance the departure location, departure
time, and arrival location. It does not include any passenger-carrying
operation that is conducted as a public charter operation under part
380 of this title.
* * * * * *
Supplemental operation * * *
(2) Types of operation:
(i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative;
(ii) All-cargo operations; or
(iii) Passenger-carrying public charter operations conducted under
part 380 of this title.
* * * * * *
10. Section 119.5 is amended by adding paragraph (k) and (l) to
read as follows:
Sec. 112.5 Certifications, authorizations, and prohibitions.
* * * * * *
(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 or this chapter in violation of an air
carrier operating certificate, operating certificate, or appropriate
operations specifications issued under this part.
11. Section 119.9(b) is revised to read as follows:
[[Page 5087]]
Sec. 119.9 Use of business names.
* * * * * *
(b) No person may operate an aircraft under part 121 or part 135 of
this chapter unless that 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.
12. Section 119.21 is amended by revising the heading and paragraph
(a)(1) to read as follows:
Sec. 119.21 Commercial operators engaged in intrastate common carriage
and direct air carriers.
(a) * * *
(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.
* * * * *
13. Section 119.35 is revised to read as follows:
Sec. 119.35 Certificate application: 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.
14. Section 119.36 is added to read as follows:
Sec. 119.36 Additional certificate application requirements for
commercial operators.
(a) Each applicant for the original issue of an operating
certificate for the purpose of conducting intrastate common carriage
operations under part 121 or part 135 of this chapter must submit an
application in a form and manner prescribed by the Administrator to the
Flight Standards District Office in whose area the applicant proposes
to establish or has established his or her principal base of
operations.
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns 5 percent or
more of the total voting stock of the corporation, and if that
stockholder is not the sole beneficial owner of the stock, the name and
address of each beneficial owner. And individual is considered to own
the stock owned, directly or indirectly, by or for his or her spouse,
children, grandchildren, or parents.
(ii) The name and address of each director and each officer and
each person employed or who will be employed in a management position
described in Secs. 119.65 and 119.69, as applicable.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant and each person under direct
or indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest
therein and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be
employed in a management position described in Secs. 119.65 and 119.69,
as applicable.
(c) In addition, each applicant for the original issue of an
operating certificate under paragraph (a) of this section must submit
with the application a signed statement showing--
(1) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide services as a commercial operator and the scope,
nature, date, and duration of each of those contracts; and
(2) For applicants intending to conduct operations under part 121
of this chapter, the financial information listed in paragraph (e) of
this section.
(d) Each applicant for, or holder of, a certificate issued under
paragraph (a) of this section, shall notify the Administrator within 10
days after--
(1) A change in any of the persons, or the names and addresses of
any of the persons, submitted to the Administrator under paragraph
(b)(1) or (b)(2) of this section; or
(2) For applicants intending to conduct operations under part 121
of this chapter, a change in the financial information submitted to the
Administrator under paragraph (e) of this section that occurs while the
application for the issue is pending before the FAA and that would make
the applicant's financial situation substantially less favorable than
originally reported.
(e) Each applicant for the original issue of an operating
certificate under paragraph (a) of this section who intends to conduct
operations under part 121 of this chapter must submit the following
financial information:
(1) A balance sheet that shows assets, liabilities, and net worth,
as of a date not more than 60 days before the date of application.
(2) An itemization of liabilities more than 60 days past due on the
balance sheet date, if any, showing each creditor's name and address, a
description of the liability, and the amount and due date of the
liability.
(3) An itemization of claims in litigation, if any, against the
applicant as of 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
[[Page 5088]]
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.
15. Section 119.67 is amended by revising paragraphs (c), (d), and
(e) to read as follows:
Sec. 119.67 Management personnel: Qualifications for operations
conducted under part 121 of this chapter.
* * * * *
(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; and have held these ratings for at least 3 years;
(2) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over maintenance program functions within maintenance
operations conducted under part 121 or 135 of this chapter.
(3) Have at least 1 year of experience in a position in which
normal duties included returning airplanes to service;
(4) In the case of a person becoming a Director of Maintenance--
(i) For the first time ever, have at least 3 years experience
within the past 6 years in one or a combination of the following--
(A) Maintaining large airplanes with 10 or more passenger seats
under part 121 or 135 of this chapter, 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
(B) Maintaining large airplanes in an airframe repair station,
certificated under part 145 of this chapter, that is rated to maintain
airplanes in the same category and class of airplane as the certificate
holder uses.
(ii) With previous experience as a Director of maintenance, have at
least 3 years experience in one or a combination of the qualification
standards under paragraph (c)(4)(i) (A) or (B) of this section.
(d) To serve as Chief Inspector under Sec. 119.65(a) a person
must--
(1) Hold a mechanic certificate with both airframe and powerplant
ratings, and have held these ratings for at least 3 years;
(2) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over the inspection, quality control, or quality assurance
functions within maintenance operations conducted under part 121 or 135
of this chapter.
(3) Have at least 1 year of experience in a position in which the
normal duties included returning airplanes to service;
(4) In the case of a person becoming a Chief Inspector--
(i) For the first time ever, have at least 3 years experience
within the past 6 years in one or a combination of the following--
(A) Maintaining large airplanes with 10 or more passenger seats
under part 121 or 135 of this chapter, including at the time of
appointment as Chief Inspector, experience in inspection, quality
control, or quality assurance functions for the same category and class
of airplane as the certificate holder uses; or
(B) Maintaining large airplanes in an airframe repair station
certificated under part 145 of this chapter that is rated to maintain
airplanes in the same category and class of airplane as the certificate
holder uses.
(ii) With previous experience as a Chief Inspector, have at least 3
years experience in one or a combination of the qualification standards
under paragraph (d)(4)(i) (A) or (B) of this section.
(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 or the Manager of the
Aircraft Maintenance Division of the FAA Flight Standards Service finds
that the person has comparable experience, and can effectively perform
the functions associated with the position in accordance with the
Federal Aviation Regulations and the procedures outlined in the
certificate holder's manual. Grants of deviation under this paragraph
may be granted after consideration of the size and scope of the
operation and the qualifications of the intended personnel. The
Administrator may, at any time, terminate any grant of deviation
authority issued under this paragraph.
16. Section 119.71 is amended by revising the introductory text of
paragraph (b), the introductory text of paragraph (d), paragraph (e),
and the first sentence of paragraph (f) to read as follows:
Sec. 119.71 Management personnel: Qualifications for operations
conducted under 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--
* * * * *
(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:
* * * * *
(e) To serve as Director of Maintenance under Sec. 119.69(a) a
person must--
(1) Hold a mechanic certificate with airframe and powerplant
ratings, and have held these ratings for at least 3 years;
(2) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over maintenance program functions within maintenance
[[Page 5089]]
operations conducted under part 121 or 135 of this chapter;
(3) Have at least 1 year of experience in a position in which
normal duties included returning airplanes to service;
(4) In the case of a person becoming a Director of Maintenance--
(i) For the first time ever, have at least 3 years experience
within the past 6 years in one or a combination of the following--
(A) Maintaining airplanes under part 121 or 135 of this chapter,
including at the time of appointment as Director of Maintenance,
experience maintaining the same category and class of airplane as the
certificate holder uses; or
(B) Maintaining airplanes in an airframe repair station,
certificated under part 145 of this chapter, that is rated to maintain
airplanes in the same category and class of airplane as the certificate
holder uses.
(ii) With previous experience as a Director of Maintenance, have at
least 3 years experience in one or a combination of the qualification
standards under paragraph (c)(4)(i) (A) or (B) of this section.
(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 or the Manager of the Aircraft Maintenance Division of the FAA
Flight Standards Service finds that the person has comparable
experience, and can effectively perform the functions associated with
the position in accordance with 14 CFR Chapter I and the procedures
outlined in the certificate holder's manual.* * *
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
17. 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.
18. SFAR ____ is added to read as follows:
SFAR ____--Alternative Communications and Dispatching Procedures
1. Applicability. This Special Federal Aviation Regulation
applies to each holder of an air carrier or operating certificate
(hereafter, certificate holder) that meets one of the following
eligibility requirements:
a. The certificate holder conducts scheduled operations with
airplanes having a passenger-seat configuration of 30 seats or
fewer, excluding each crewmember seat, and a payload capacity of
7,500 pounds or less under part 121 of this chapter.
b. The certificate holder conducts domestic operations in Alaska
under part 121 of this chapter.
2. Alternative requirements.
a. If an operator described in paragraph 1.a. of this SFAR is
conducting a flight with an airplane described in 1.a. and if
communications cannot be maintained over the entire route (which
would be contrary to the requirements of Sec. 121.99 of this
chapter), such an operator may continue to operate over such a route
subject to approval by the Administrator. In granting such approval
the Administrator considers the following:
i. The operator has an established dispatch communication
system.
ii. Gaps in communication are not over the entire route, but
only over portions of the route.
iii. When communication gaps occur, they occur due to one or
more of the following:
A. Lack of infrastructure.
B. Geographical considerations.
C. Assigned operating altitude.
iv. Procedures are established for the prompt re-establishment
of communications.
v. The operator has presented a plan or schedule for coming into
compliance with the requirement in Sec. 121.99 of this chapter.
b. A certificate holder who conducts domestic operations in
Alaska may, notwithstanding the requirements of Sec. 121.99 of this
chapter, use a communications system operated by the United States
for those operations.
c. An operator described in paragraph 1.a. of this SFAR who
conduct operations in Alaska may share the aircraft dispatcher
required by Sec. 121.395 with another operator described in
paragraph 1.a. of this SFAR who conducts operations in Alaska if
authorized to do so by the Administrator. Before granting such an
authorization, the Administrator considers:
i. The operators' joint plans for complying with the aircraft
dispatcher training rules in subpart N of part 121 of this chapter
and the aircraft dispatcher qualification and duty time limitation
rules in subpart P of part 121 of this chapter.
ii. The number of flights for which the aircraft dispatcher
would be responsible.
iii. Whether the responsibilities of the dispatcher would be
beyond the capability of a single dispatcher.
3. Expiration. This Special Federal Aviation Regulation
terminates on [date 4 years after issuance] unless sooner
terminated.
19. Section 121.2 is amended by adding paragraphs (d)(1)(iv) and
(e)(1)(iv) to read as follows:
Sec. 121.2 Compliance schedule for operators that transition to part
121; certain new entrant operators.
* * * * *
(d) * * *
(1) * * *
(iv) [date 2 years after final rule is issued]: Section
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
(e) * * *
(1) * * *
(iv) Manufactured on or after [date 2 years after issue of final
rule]: Section 121.310(b)(1), Interior emergency exit locating sign.
* * * * *
20. Section 121.99 is revised to read as follows:
Sec. 121.99 Communication facilities.
(a) Each certificate holder conducting domestic or flag operations
must show that a two-way radio communication system or other means of
communication approved by the Administrator is available at points that
will ensure reliable and rapid communications, under normal operating
conditions over the entire route (either direct or via approved point-
to-point circuits) between each airplane and the appropriate dispatch
office, and between each airplane and the appropriate air traffic
control unit, except as specified in Sec. 121.351(c).
(b) For the following types of operations, the communications
systems between each airplane and the dispatch office must be
independent of any system operated by the United States:
(1) All domestic operations;
(2) Flag operations in the 48 contiguous States and the District of
Columbia; and
(3) After [date 4 years after issuance], flag operations outside
the 48 contiguous States and the District of Columbia.
21. Section 121.137(c) is revised to read as follows:
Sec. 121.137 Distribution and availability.
* * * * *
(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.
22. In Sec. 121.139, the heading and paragraph (a) are revised to
read as follows:
Sec. 121.139 Requirement for manual aboard aircraft: Supplemental
operations.
(a) Except as provided in paragraph (b) of this section, each
certificate holder conducting supplemental operations shall carry
appropriate parts of the manual on each 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 aircraft all or any portion of the maintenance part
of its manual in other than printed form, it
[[Page 5090]]
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.
* * * * *
23. Section 121.305 is amended by removing the words ``paragraph
(j) of this section'' in paragraph (f) and adding, in their place, the
words ``paragraph (k) of this section;'' and by revising paragraph (j)
to read as follows:
Sec. 121.305 Flight and navigational equipment.
* * * * *
(j) On the airplanes described in this paragraph, in addition to
two gyroscopic bank and pitch indicators (artificial horizons) for use
at the pilot stations, a third such instrument is installed in
accordance with paragraph (k) of this section:
(1) On each turbojet powered airplane.
(2) On each turbopropeller powered airplane having a passenger-seat
configuration of more than 30 seats, excluding each crewmember seat, or
a payload capacity of more than 7,500 pounds.
(3) On each turbopropeller powered airplane having a passenger-seat
configuration of 30 seats or fewer, excluding each crewmember seat, and
a payload capacity of 7,500 pounds or less that is manufactured on or
after March 20, 1997.
(4) After December 20, 2010, on each turbopropeller powered
airplane having a passenger seat configuration of 10-30 seats and a
payload capacity of 7,500 pounds or less that was manufactured before
March 20, 1997.
* * * * *
24. Section 121.310 is amended by adding the words ``Except as
provided in paragraph (b)(2)(iii) of this section,'' to the beginning
of paragraph (b)(2)(i); by revising the words ``For an airplane'' to
read ``For a transport category airplane'' in paragraph (b)(2)(ii); and
by adding a new paragraph (b)(2)(iii) to read as follows:
Sec. 121.310 Additional emergency equipment.
* * * * *
(b) * * *
(2) * * *
(iii) For a nontransport category turbopropeller powered airplane
type certificated after December 31, 1964, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
requirements of Sec. 23.811(b) of this chapter. On these airplanes, no
sign may continue to be used if its luminescence (brightness) decreases
to below 100 microlamberts.
* * * * *
25. Section 121.333 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 121.333 Supplemental oxygen for emergency descent and for first
aid; turbine engine powered airplanes with pressurized cabins.
* * * * *
(c) * * *
(2) When operating at flight altitudes above flight level 250, one
pilot at the controls of the airplane shall at all times wear and use
an oxygen mask secured, sealed, and supplying oxygen, in accordance
with the following:
(i) The one pilot need not wear and use an oxygen mask at or below
the following flight levels if each flight crewmember on flight deck
duty has a quick-donning type of oxygen mask that the certificate
holder has shown can be placed on the face from its ready position,
properly secured, sealed, and supplying oxygen upon demand, with one
hand and within five seconds:
(A) For airplanes having a passenger seat configuration of more
than 30 seats, excluding any required crewmember seat, or a payload
capacity of more than 7,500 pounds, at or below flight level 410.
(B) For airplanes having a passenger seat configuration of less
than 31 seats, excluding any required crewmember seat, and a payload
capacity of 7,500 pounds or less, at or below flight level 350.
(ii) Whenever a quick-donning type of oxygen mask is to be used
under this section, the certificate holder shall also show that the
mask can be put on without disturbing eye glasses and without delaying
the flight crewmember from proceeding with his assigned emergency
duties. The oxygen mask after being put on must not prevent immediate
communication between the flight crewmember and other crewmembers over
the airplane intercommunication system.
* * * * *
26. Section 121.437 is amended by removing paragraph (b), by
redesignating current paragraph (c) as paragraph (b) and by adding a
new sentence to redesignated paragraph (b) to read as follows:
Sec. 121.437 Pilot qualification: Certificates required.
(a) * * *
(b) * * * Notwithstanding the requirements of Sec. 61.63 (b) and
(c) of this chapter, a pilot who is currently employed by a certificate
holder and meets applicable training requirements of subpart N of this
part, and the proficiency check requirements of Sec. 121.444, may be
issued the appropriate category and class ratings by presenting proof
of compliance with those requirements to a Flight Standards District
Office.
Sec. 121.590 [Amended]
27. Section 121.590 is amended in paragraph (a) by removing the
words ``operate an aircraft into a land airport'' and adding, in their
place, the words ``operate an airplane designed for at least 31
passenger seats into a land airport.''
28. Section 121.713 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 121.713 Retention of contracts and amendments: Commercial
operators who conduct intrastate operations for compensation or hire.
* * * * *
(b) * * *
(2) The information required by Sec. 119.36(e)(2), (e)(7), and
(e)(8) of this chapter.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
29. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.
30. Section 125.71(f) is revised to read as follows:
Sec. 125.71 Preparation.
* * * * *
(f) For the purpose of complying with paragraph (d) of this
section, a certificate holder may furnish the persons listed therein
with the maintenance part of its manual in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language. If the certificate holder furnishes the maintenance part of
the manual in other than printed form, it must ensure there is a
compatible reading device available to those persons that provides a
legible image of the maintenance information and instructions or a
system that is able to retrieve the maintenance information and
instructions in the English language.
* * * * *
[[Page 5091]]
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
31. 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.
32. Section 135.2 is amended in paragraphs (d)(1)(i), (d)(2)(i),
and (e)(1)(ii) by removing the words ``December 22, 1997'' and adding,
in their place, the words ``December 20, 1997;'' and by adding
paragraphs (d)(1)(iv) and (e)(1)(iv) to read as follows:
Sec. 135.2 Compliance schedule for operators that transition to part
121 of this chapter; certain new entrant operators.
* * * * *
(d) * * *
(1) * * *
(iv) [Date 2 years after final rule is issued]: Section
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
(e) * * *
(1) * * *
(iv) Manufactured on or after [Date 2 years after issue of final
rule]: Section 121.310(b)(1), Interior emergency exit locating sign.
* * * * *
33. Section 135.21(f) is revised to read as follows:
Sec. 135.21 Manual requirements.
* * * * *
(f) For the purpose of complying with paragraph (d) of this
section, a certificate holder may furnish the persons listed therein
with the maintenance part of its manual in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language. If the certificate holder furnishes the maintenance part of
the manual in other than printed form, it must ensure there is a
compatible reading device available to those persons that provide 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.
* * * * *
Sec. 135.25 [Amended]
34. Section 135.25 is amended in paragraph (b) by removing the
words ``air taxi or commercial operations'' and adding, in their place,
the words ``operations under this part.''
Sec. 135.64 [Amended]
35. Section 135.64 is amended by removing paragraph (b) and
removing the paragraph designation ``(a)'' from the remaining
paragraph.
36. Section 135.153 is amended by revising paragraph (a) and
removing and reserving paragraph (b) to read as follows:
Sec. 135.153 Ground proximity warning system.
(a) No person may operate a turbine-powered airplane having a
passenger seat configuration of 10 seats or more, excluding any pilot
seat, unless it is equipped with an approved ground proximity warning
system.
(b) [Reserved]
* * * * *
37. Section 135.427 is amended by adding a new paragraph (d) to
read as follows:
Sec. 135.427 Manual requirements.
* * * * *
(d) For the purposes of this part, the certificate holder must
prepare that part of its manual containing maintenance information and
instructions, in whole or in part, in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language.
Issued in Washington, D.C., on January 22, 1997.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 97-2024 Filed 1-29-97; 9:08 am]
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