[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Rules and Regulations]
[Pages 1076-1080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-58]
[[Page 1075]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 91, 121, 125, and 135
Crewmember Interference, Portable Electronic Devices, and Other
Passenger Related Requirements; Final Rule
Federal Register / Vol. 64, No. 4 / Thursday, January 7, 1999 / Rules
and Regulations
[[Page 1076]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125, and 135
[Docket No. FAA-1998-4954]
RIN 2120-AG70
Crewmember Interference, Portable Electronic Devices, and Other
Passenger Related Requirements
AGENCY: Federal Aviation Administration (FAA) DOT.
ACTION: Final rule, technical amendments.
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SUMMARY: This final rule clarifies that certain provisions of the
current rules are applicable to passengers and others aboard aircraft.
Additionally, the final rule defines the geographic range of some of
these requirements. The provisions affected by these amendments concern
portable electronic devices, use of safety belts, shoulder harnesses
and child restraint systems, prohibition on interference with
crewmembers, and certain other provisions. This final rule makes clear
that these provisions apply as follows: to all aircraft, unless
otherwise specified, when those aircraft are operating within the U.S.
or within the airspace over the waters extending 12 nautical miles from
the U.S. coastline; and on all U.S. registered aircraft operating
outside of the U.S., so long as the application of these rules is not
inconsistent with applicable regulations of the foreign country where
the aircraft is operated or annex 2 of the Convention on International
Civil Aviation. A provision also is being added to part 125 that
indicates that this part applies to persons on board aircraft. The FAA
is extending the application of the prohibition on interference with
crewmembers to all civil aircraft flights that depart from or land in
the U.S., regardless of whether such aircraft are registered in the
U.S. This is consistent with criminal law provisions concerning the
``special aircraft jurisdiction of the U.S.''
Additionally, provisions are being added to parts 121 (Operating
Requirements: Domestic, Flag and Supplemental Operations), 125
(Certification and Operations: Airplanes Having a Seating Capacity of
20 or More Passengers or a Maximum Payload Capacity of 6,000 pounds or
More) and 135 (Operating Requirements: Commuter and On-Demand
Operations) that mirror sections 91.11 and 91.21.
EFFECTIVE DATE: January 7, 1999.
FOR FURTHER INFORMATION CONTACT:
Carol Toth, Attorney Advisor, Office of the Chief Counsel, AGC-220,
Federal Aviation Administration, 800 Independence Ave. S.W.,
Washington, D.C. 20591, 202-267-3073, or [AFS or ACS contact].
SUPPLEMENTARY INFORMATION:
Availability
Using a modem and suitable communications software, an electronic
copy of this document may be downloaded from the FAA regulations
section of the FEDWORLD electronic bulletin board service (telephone:
703-321-3339) the Federal Register's electronic bulletin board service
(Telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory
Committee (ARAC) bulletin board service (telephone: 800-322-2722 or
202-267-5948).
Internet use may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Federal Register webpage at http://
www.access.gpo.gov/su__docs/acess/aces140.html for access to recently
published rulemaking documents.
Any person may obtain a copy of this final rule by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Ave., SW, Washington, DC 20591 or by calling
202-267-9680. Communications must identify the amendment number or
docket number of this final rule. Persons interested in being placed on
the mailing list for future Notices of Proposed Rulemaking (NPRMs) and
Final Rules should request from the above office a copy of Advisory
Circular No. 11-2A NPRM Distribution System, that describes the
application procedures.
Justification for Proceeding Without Notice and Comment
The FAA is issuing this final rule without notice and opportunity
to comment pursuant to its authority under Section 4(a) of the
Administrative Procedure Act, 5 U.S.C. 553(b). This provision allows
the FAA to issue a final rule without notice and comment when the
agency for good cause finds that notice and public procedure are
``impracticable, unnecessary or contrary to the public interest.'' The
FAA finds that issuance of this Final Rule does not require notice and
comment because it is unnecessary given that the FAA's regulatory
history surrounding the adoption of the existing provisions, and in
some instances the provision itself, indicate that these sections were
intended to apply to passengers. Therefore, the clarifications provided
in this final rule regarding the applicability of the rules to
passengers and others aboard aircraft are minor technical corrections
that do not substantively change the impact of the regulation and
merely clarify prior agency position.
As to the application of these rules to U.S. registered aircraft
operating at a distance greater than 12 nautical miles from the U.S.
coast, prior notice and comment procedures are unnecessary inasmuch as
the FAA always intended these rules to apply on U.S. registered
aircraft, even those operating outside U.S. airspace. An error in the
1989 reorganization of part 91, however, inadvertently limited these
rules to operations within the U.S. and within 12 nautical miles of the
U.S. coast. Delaying the implementation of this final rule would be
contrary to the public interest in that it would hinder the agency's
efforts to ensure a safe flying environment for both the public and air
carrier employees.
As to the application of the rule pertaining to the prohibition on
interference with crewmembers on a non-U.S. registered aircraft that
has a geographic nexus with the U.S., prior notice and comment
procedures are unnecessary inasmuch as Congress has already
criminalized such conduct and the exercise of this jurisdiction
comports with the obligations of the U.S. under international law.
Violations of the FAA's prohibition could only result in the imposition
of a civil penalty, whereas the same conduct would be a violation of
U.S. criminal law and subject the offender to criminal penalties
including fines and/or imprisonment pursuant to 49 U.S.C. 46504.
Delaying the implementation of this final rule would be contrary to the
public interest in that it would hinder the FAA's efforts to bring the
civil safety regulations into harmony with U.S. criminal law and hinder
the FAA's effort to ensure a safe flying environment to and from the
U.S.
Part 91
Discussion of the Amendment [Applicability to Passengers and Others
Aboard Aircraft]
The amendments to this part clarify that the following provisions
are applicable to passengers: Sec. 91.11 (Prohibition against
interference with crewmembers); Sec. 91.21 (Portable electronic
devices); Sec. 91.107(3) (Use of safety belts, shoulder harnesses and
child restraint systems); and Sec. 91.517(c) and (d) (Passenger
information).
This amendment is necessary because it has recently been brought to
the FAA's attention that there is some confusion as to the
applicability of the
[[Page 1077]]
passenger specific provisions in part 91 because of the way the
applicability provision of Sec. 91.1 was drafted.
The applicability provision of Sec. 91.1(a) applies to the
``operation of aircraft * * * within the United States, including the
waters within 3 nautical miles of the U.S. coast.'' The term
``operation of aircraft'' is statutorily defined as follows:
Using aircraft for the purposes of air navigation, including--
(A) The navigation of aircraft; and
(B) Causing or authorizing the operation of aircraft with or
without the right of legal control of the aircraft. (49 U.S.C.
Sec. 40102(32))
Thus, part 91 covers the operation of all aircraft not otherwise
excepted, including foreign aircraft, in the airspace over the U.S. or
within the airspace over the waters within 3 nautical miles of the U.S.
coast. Section 91.1(b) specifically applies part 91 to ``[e]ach person
operating an aircraft in the airspace overlying the waters between 3
and 12 nautical miles from the coast of the United States.'' Unlike
parts 121 and 135 which contain applicability provisions that
specifically make those parts apply to each person on board an aircraft
(see Secs. 121.1(e) and 135.1(a)(6)), there is no provision in
Sec. 91.1 that specifically states that part 91 is also applicable to
all individuals on board an aircraft operated under part 91.
A similar problem also has been identified in Subpart H to part 91
(Secs. 91.701-91.715), Foreign Aircraft Operations and Operations of
U.S. Registered Civil Aircraft Outside of the U.S. Section 91.701
states that this ``subpart applies to the operations of civil aircraft
of U.S. registry outside of the United States and the operations of
foreign civil aircraft within the United States''. Section 91.703(a)(3)
provides that, with a few exceptions, ``each person operating a civil
aircraft of U.S. registry outside of the U.S. shall * * * comply with
this part [part 91] so far as it is not inconsistent with applicable
regulations of the foreign country where the aircraft is operated or
annex 2 of the Convention on International Civil Aviation.'' Subpart H
does not contain a provision that specifically indicates that persons
on board an aircraft of U.S. registry operating outside of the United
States or persons on board foreign aircraft operating within the U.S.
are governed by the requirements of Secs. 91.11, 91.21, 91.107(a)(3)
and 91.517.
As discussed below, both the regulatory history surrounding the
adoption of the provisions together with the original language of the
provisions before the reorganization of part 91 in 1989 indicate that
these provisions were intended to apply to each person on board an
aircraft (e.g., passengers), and in fact have been so applied since the
adoption of these provisions.
Historical Overview
According to the regulatory history, both Secs. 91.11 and 91.21
were clearly intended to apply to passengers upon adoption of the
regulations, as well as to crewmembers and any other ``person'' on
board the aircraft. The special regulation (SR 448A) that was the
precursor to Sec. 91.11 indicated that the regulation was necessary to
``provide additional controls over the conduct of passengers in order
to avoid a serious threat to the safety of flights and persons aboard
them,'' 26 FR 7009 (July 28. 1961) amended by 26 FR 9669 (October 13,
1961), Likewise the special regulation that preceded Sec. 91.21 was
adopted because of the concern that passengers might carry onto an
aircraft certain types of portable radio receivers that could possibly
interfere with navigation and communications equipment. See SR 446B, 28
FR 3648 (April 13, 1963).
Section 91.107(3) specifically applies to ``each person on board a
U.S. registered civil aircraft.'' This section requires each person to
occupy an approved seat or berth with a safety belt and, if installed,
shoulder harness properly secured about him or her during movement on
the surface, takeoff and landing. In the final rule adopting this
provision, the FAA indicated that one of the purposes for the rule was
to rectify the fact that ``in some circumstances certain parts of the
FAR do not require passenger compliance with these lighted passenger
information signs, posted signs and placards and crewmember safety-
related instructions.'' See 57 FR 42662, 42669 (September 15, 1992).
Section 91.517(c) and (d) also specifically apply to persons on
board U.S. registered aircraft. The applicability of this section is
obvious given the title and the fact that the word ``passenger'' is
used in the language of the provision. Specifically, the provision
requires ``passengers'' to adhere to ``no smoking'' signs, ``fasten
seat belt'' signs and abide by other instructions provided by the crew.
The FAA previously has stated that the provisions of part 91
governing crew interference and radio interference are applicable to
civil aircraft of U.S. registry operated inside and outside U.S.
navigable airspace so long as they are not inconsistent with applicable
regulations of any foreign country or annex 2 to the Convention on
International Civil Aviation. See FR 19096 (December 30, 1964). All of
the requirements of part 91 were made applicable to civil aircraft of
U.S. registry operating outside the U.S. pursuant to a final rule
issued June 15, 1966. See 31 FR 8354.
In 1989, the FAA reorganized part 91 pursuant to the final rule
issued August 18, 1989 (54 FR 34284). In that final rule, the FAA
divided the pre-1989 Sec. 91.1 so that all applicability provisions
relating to foreign operations were moved to Sec. 91.703. Section
91.1(b) was initially added in 1988 to clearly extend the controlled
airspace of the United States in accordance with international law. See
54 FR 265 (January 4, 1989); Territorial Sea of the United States of
America, Presidential Proclamation No. 5928 of Dec. 27, 1988. In the
1989 reorganization of part 91, the FAA did not intend any substantive
changes to the geographic applicability of those part 91 provisions,
nor was any intent expressed to modify the FAA's past position that
part 91 applies to passengers in certain instances as well.
Purpose of the ``Unless Otherwise Specified'' Language in Section
91.1(c)
Section 91.1(c) is designed to clarify that part 91 also applies to
each person aboard an aircraft operated under this part. The ``unless
otherwise specified'' language refers to the fact that certain part 91
provisions (e.g., Secs. 91.21, 91.107(a)(3) and 91.517) are limited by
their terms to persons on board U.S. registered aircraft. Therefore,
these provisions would not cover persons on board foreign registered
aircraft operating in U.S. airspace. Additionally, the ``unless
otherwise specified'' language also is used because most of the rules
in Part 91 are directed toward aircraft operators or owners, not to
persons aboard aircraft.
Discussion of the Amendment [Applicability of Part 91 Outside U.S.
Airspace]
The amendment in subpart H to part 91 is designed to extend the
applicability of Section 91.11 to all aircraft (including foreign
registered aircraft) having a specified nexus with the U.S. Congress
established the ``special aircraft jurisdiction of the U.S.'' to impose
criminal penalties in the event an individual interferes with flight
crewmembers or attendants while an aircraft is in flight. The term
``special aircraft jurisdiction of the U.S.'' is defined under 49
U.S.C. 46501(2) as any of the following aircraft in flight:
(A) A civil aircraft of the United States:
* * * * *
[[Page 1078]]
(C) Another aircraft in the United States;
(D) Another aircraft outside the United States--
(i) That has its next scheduled destination or last place of
departure in the United States, if the aircraft next lands in the
United States;
(ii) On which an individual commits an offense (as defined in the
Convention for the Suppression of Unlawful Seizure of Aircraft) if the
aircraft lands in the U.S. with the individual still on the aircraft;
or
(iii) Against which an individual commits an offense (as defined in
subsection (d) or (e) of article I, section I of the convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation) if
the aircraft lands in the United States with the individual still on
the aircraft.
(E) Any other aircraft leased without crew to a lessee whose
principal place of business is in the United States or, if the lessee
does not have a principal place of business, whose permanent residence
is in the United States.
The FAA already has civil penalty regulations that apply Sec. 91.11
to the scenarios presented in paragraphs (A) and (C) above. Consistent
with the criminal jurisdiction of the U.S., the FAA is extending
Sec. 91.11 to provide for civil penalties applicable to persons who
violate this provision while on board aircraft operating within the
special aircraft jurisdiction of the U.S. as described in (D) and (E).
The FAA finds that good cause exists to extend the Sec. 91.11 provision
to the situations specified in (D) and (E) above without notice and
comment procedures in-as-much as criminal penalties already exist for
such conduct in the special aircraft jurisdiction of the U.S. Moreover,
there is compelling public interest in enhancing the safety of such
operations by the deterrent effects of having civil penalty authority
for such conduct. This is consistent with the obligations of the U.S.
and most other nations under international law. See Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation,
September 23, 1971, 24 U.S.T. 564; and Convention for the Suppression
of Unlawful Seizure of Aircraft, December 16, 1970, 22 U.S.T. 1641.
Additionally, in conformance with international law, the extension of
91.11 will cover operations conducted by U.S. air carriers on non-U.S.
registered aircraft wholly outside the U.S. The signatories to the
above treaties encourage states to assert jurisdiction and impose
severe penalties for, among other things, threatening or performing an
act of violence against a person on board an aircraft that will
endanger the aircraft.
Parts 121, 125 and 135
Section 119.1(c) provides that ``[p]ersons subject to this part
[119] must comply with the other requirements of this chapter [Chapter
1], except where those requirements are modified by or where additional
requirements are imposed by part 119, 121, 125, or 135 of this
chapter.'' Since there are no requirements in parts 119, 121, 125 or
135 that modify the provisions of Secs. 91.11 and 91.21, the provisions
of Secs. 91.11 and 91.21 also apply to those persons subject to part
119. Part 119 applies to those persons acting like direct air carriers
or other commercial operators, as specified in Sec. 119.1(a).
Passengers and other people who are not acting like air carriers and
other commercial operators are not subject to part 119 and thus are not
subject to the Sec. 119.1(c) provision that incorporates the other
requirements of Chapter 1 of Title 14 of the CFR. The agency's
longstanding position has been that both of these part 91 provisions
would apply to passengers and others aboard aircraft being operated
under parts 121, 125 and 135. Therefore, the addition of provisions
similar to Sec. 91.11 and 91.21 into parts 121, 125 and 135 is a
clarifying change, where notice and comment procedures are not
necessary. Those part 121, 125 and 125 provisions are: 121.306,
121.580, 125.204, 125.328, 135.120 and 135.144. The FAA merely intends
these amendments as clarifying the rights, duties and obligations of
all persons on board an aircraft.
Both parts 121 and 135 have a section that indicates that the
respective part applies to each person on board the aircraft. See
Secs. 121.1(e) and 135.1(a)(6). Part 125 does not contain such a
reference. Therefore, the FAA is amending part 125 to adopt a provision
(section 125.1(d)) that specifies that this part applies to each person
on board the aircraft.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If you are a small entity and have a question, contact your local
FAA official. If you do not know how to contact your local FAA
official, you may contact Charlene Brown, Program Analyst Staff, Office
of Rulemaking, ARM-27, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet
users can find additional information on SBREFA in the ``Quick Jump''
section of the FAA's web page at http://www.faa.gov and may send
electronic inquiries to the following Internet address: 9-AWA-
[email protected].
Agency Findings
The FAA has determined that this regulation is noncontroversial and
unlikely to result in adverse or negative comments. This rule will not
have any economic costs on any covered persons. For the reasons
discussed in the preamble, I certify that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. The FAA has determined
that the expected impact is minimal since there is no economic impact,
therefore the final rule does not warrant a full regulatory evaluation.
Paperwork Reduction Act
In accordance with the Paperwork Reduction of 1995 (44 U.S.C.
3507(d)), there are no requirements for information collection
associated with this proposed rule.
International Compatibility
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because there is not a comparable rule under ICAO standards.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 establishes ``as a principle
of regulatory issuance that agencies shall endeavor, consistent with
the objective of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the business
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principal, the Act requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The Act covers a wide-range of small entities, including
small businesses, not-for-profit organizations and small governmental
jurisdictions.
[[Page 1079]]
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is made that it will the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) for the 1980 Act provides that
the head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination and the reasoning should be clear.
The FAA conducted the required review of this proposal and
determined that it would not have a significant economic impact on a
substantial number of small entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation
Administration certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Statement
The rule will not constitute a barrier to international trade,
including the export of U.S. goods and services to foreign countries
and the import of foreign goods and services into the United States.
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 13083, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year.
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officers (or their designees) of State, local and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that would impose an
enforceable duty upon state, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section
204(a), provides that before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other thing, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals.
This rule does not contain a Federal intergovernmental or private
sector mandate that exceeds $100 million a year.
List of Subjects
14 CFR Part 91
Aircraft, airmen, aviation safety, reporting and recordkeeping
requirements.
14 CFR Part 121
Aircraft, air carrier, airmen, aviation safety, safety.
14 CFR Part 125
Aircraft, airmen, aviation safety, reporting and recordkeeping
requirements.
14 CFR Part 135
Air, airmen, aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 91, 121, 125, and 135 of title 14, Code of
Federal Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 Stat. 1180).
2. Section 91.1 is amended by revising paragraph (a) and adding
paragraph (c) to read as follows:
Sec. 91.1 Applicability
(a) Except as provided in paragraphs (b) and (c) of this section
and Secs. 91.701 and 91.703, this part prescribes rules governing the
operation of aircraft (other than moored balloons, kites, unmanned
rockets, and unmanned free balloons, which are governed by part 101 of
this chapter, and ultralight vehicles operated in accordance with part
103 of this chapter) within the United States, including the waters
within 3 nautical miles of the U.S. coast.
* * * * *
(c) This part applies to each person on board an aircraft being
operated under this part, unless otherwise specified.
3. Section 91.11 is amended by revising the section heading to read
as follows:
Sec. 91.11 prohibition on interference with crewmembers.
4. The heading for Subpart H is revised to read as follows:
Subpart H--Foreign Aircraft Operations and Operations of U.S.
Registered Civil Aircraft Outside of the United States; and Rules
Governing Persons on Board Such Aircraft
5. Section 91.701 is revised to read as follows:
Sec. 91.701 Applicability.
(a) This subpart applies to the operations of civil aircraft of
U.S. registry outside of the United States and the operations of
foreign civil aircraft within the United States.
(b) Section 91.702 of this subpart also applies to each person on
board an aircraft operated as follows:
(1) A U.S. registered civil aircraft operated outside the United
States;
(2) Any aircraft operated outside the United States--
(i) That has its next scheduled destination or last place of
departure in the United States if the aircraft next lands in the United
States; or
(ii) If the aircraft lands in the United States with the individual
still on the aircraft regardless of whether it was a scheduled or
otherwise planned landing site.
6. A new Sec. 91.702 is added to read as follows:
Sec. 91.702 Persons on board.
Section 91.11 of this part (Prohibitions on interference with
crewmembers) applies to each person on board an aircraft.
[[Page 1080]]
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG AND SUPPLEMENTAL
OPERATIONS
7. 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.
8. A new Sec. 121.306 is added to read as follows:
Sec. 121.306 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person
may operate, nor may any operator or pilot in command of an aircraft
allow the operation of, any portable electronic device on any U.S.-
registered civil aircraft operating under this part.
(b) Paragraph (a) of this section does not apply to--
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the part 119
certificate holder has determined will not cause interference with the
navigation or communication system of the aircraft on which it is to be
used.
(c) The determination required by paragraph (b)(5) of this section
shall be made by that part 119 certificate holder operating the
particular device to be used.
9. A new Sec. 121.580 is added to read as follows:
Sec. 121.580 Prohibition on interference with crewmembers.
No person may assault, threaten, intimidate, or interfere with a
crewmember in the performance of the crewmember's duties aboard an
aircraft being operated under this part.
10. The heading for part 125 is revised to read as follows:
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
11. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44716, 44717, 44722.
12. Section 125.1 is amended by revising paragraph (a) and adding
paragraph (d) to read as follows:
Sec. 125.1 Applicability.
(a) Except as provided in paragraphs (b), (c) and (d) of this
section, this part prescribes rules governing the operations of U.S.-
registered civil airplanes which have a seating configuration of 20 or
more passengers or a maximum payload capacity of 6,000 pounds or more
when common carriage is not involved.
* * * * *
(d) The provisions of this part apply to each person on board an
aircraft being operated under this part, unless otherwise specified.
13. A new Sec. 125.204 is added to read as follows:
Sec. 125.204 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person
may operate, nor may any operator or pilot in command of an aircraft
allow the operation of, any portable electronic device on any U.S.-
registered civil aircraft operating under this part.
(b) Paragraph (a) of this section does not apply to--
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the Part 125
certificate holder has determined will not cause interference with the
navigation or communication system of the aircraft on which it is to be
used.
(c) The determination required by paragraph (b)(5) of this section
shall be made by that Part 125 certificate holder operating the
particular device to be used.
14. A new Sec. 125.328 is added to read as follows:
Sec. 125.328 Prohibition on crew interference.
No person may assault, threaten, intimidate, or interfere with a
crewmember in the performance of the crewmember's duties aboard an
aircraft being operated under this part.
15. The heading for part 135 is revised to read as follows:
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
16. The authority citation continues to read as follows: 49 U.S.C.
106(g), 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717,
44722.
17. A new Sec. 135.120 is added to read as follows:
Sec. 135.120 Prohibition on interference with crewmembers.
No person may assault, threaten, intimidate, or interfere with a
crewmember in the performance of the crewmember's duties aboard an
aircraft being operated under this part.
18. A new Sec. 135.144 is added to read as follows:
Sec. 135.144 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person
may operate, nor may any operator or pilot in command of an aircraft
allow the operation of, any portable electronic device on any of the
following U.S.-registered civil aircraft operating under this part.
(b) Paragraph (a) of this section does not apply to--
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the part 119
certificate holder has determined will not cause interference with the
navigation or communication system of the aircraft on which it is to be
used.
(c). The determination required by paragraph (b)(5) of this section
shall be made by that part 119 certificate holder operating the
aircraft on which the particular device is to be used.
Issued in Washington, DC on December 29, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 99-58 Filed 1-6-99; 8:45 am]
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