14 CFR Part 121 Title 14--Aeronautics and Space CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION SUBCHAPTER G--AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE AIRCRAFT Special Federal Aviation Regulations SFAR No. 14 SFAR No. 34--Compensation for Required Security Measures in Foreign Air Transportation [Removed. 57 FR 60728, Dec. 22, 1992] SFAR No. 36 SFAR No. 38-2--Certification and Operating Requirements SFAR No. 41 SFAR No. 52 Special Federal Aviation Regulation No. 58--Advanced Qualification Program Subpart A--General Sec. 121.1 Applicability. Sec. 121.3 Certification requirements: General. Sec. 121.4 Applicability of rules to unauthorized operators. Sec. 121.5 Charter flights or other special service operation: Flag and domestic air carriers. Sec. 121.6 Leasing of aircraft. Sec. 121.7 Common carriage by commercial operator. Sec. 121.9 Operations of airplanes having a maximum passenger seating configuration of 30 seats or less and a maximum payload capacity of 7,500 pounds or less. Sec. 121.11 Rules applicable to operations in a foreign country. Sec. 121.13 Rules applicable to helicopter operations: deviation authority. Sec. 121.15 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances. Subpart B--Certification Rules for Domestic and Flag Air Carriers Sec. 121.21 Applicability. Sec. 121.23 Operations specifications not a part of certificate. Sec. 121.25 Contents of certificate and operations specifications. Sec. 121.26 Application for domestic or flag air carrier operator certificates. Sec. 121.27 Issue of certificate. Sec. 121.29 Duration of certificate. Subpart C--Certification Rules for Supplemental Air Carriers and Commercial Operators Sec. 121.41 Applicability. Sec. 121.43 Operations specifications not a part of certificate. Sec. 121.45 Contents of certificate and operations specifications. Sec. 121.47 Application for supplemental air carrier and commercial operator certificates. Sec. 121.48 Commercial operator: Financial statement preparation and certification. Sec. 121.49 Commercial operator: Financial information required for original issue or renewal. Sec. 121.51 Issue of certificate. Sec. 121.53 Duration of certificate. Sec. 121.55 Commercial operator: Periodic financial reports. Sec. 121.57 Obtaining waivers and authority for deviations. Sec. 121.59 Management personnel required. Sec. 121.61 Management personnel: qualifications. Subpart D--Rules Governing All Certificate Holders Under This Part Sec. 121.71 Applicability. Sec. 121.73 Availability of certificate and operations specifications. Sec. 121.75 Use of operations specifications. Sec. 121.77 Amendment of certificate. Sec. 121.79 Amendment of operations specifications. Sec. 121.81 Inspection authority. Sec. 121.83 Change of address. Subpart E--Approval of Routes: Domestic and Flag Air Carriers Sec. 121.91 Applicability. Sec. 121.93 Route requirements: General. Sec. 121.95 Route width. Sec. 121.97 Airports: Required data. Sec. 121.99 Communications facilities. Sec. 121.101 Weather reporting facilities. Sec. 121.103 En route navigational facilities. Sec. 121.105 Servicing and maintenance facilities. Sec. 121.107 Dispatch centers. Subpart F--Approval of Areas and Routes for Supplemental Air Carriers and Commercial Operators Sec. 121.111 Applicability. Sec. 121.113 Area and route requirements: General. Sec. 121.115 Route width. Sec. 121.117 Airports: Required data. Sec. 121.119 Weather reporting facilities. Sec. 121.121 En route navigational facilities. Sec. 121.123 Servicing and maintenance facilities. Sec. 121.125 Flight following system. Sec. 121.127 Flight following system; requirements. Subpart G--Manual Requirements Sec. 121.131 Applicability. Sec. 121.133 Preparation. Sec. 121.135 Contents. Sec. 121.137 Distribution and availability. Sec. 121.139 Requirement for manual aboard aircraft: Supplemental air carriers and commercial operators. Sec. 121.141 Airplane or rotorcraft flight manual. Subpart H--Aircraft Requirements Sec. 121.151 Applicability. Sec. 121.153 Aircraft requirements: General. Sec. 121.155 [Reserved] Sec. 121.157 Aircraft certification and equipment requirements. Sec. 121.159 Single-engine airplanes prohibited. Sec. 121.161 Airplane limitations: Type of route. Sec. 121.163 Aircraft proving tests. Subpart I--Airplane Performance Operating Limitations Sec. 121.171 Applicability. Sec. 121.173 General. Sec. 121.175 Transport category airplanes: reciprocating engine powered: Weight limitations. Sec. 121.177 Transport category airplanes: Reciprocating engine powered: Takeoff limitations. Sec. 121.179 Transport category airplanes: reciprocating engine powered: En route limitations: all engines operating. Sec. 121.181 Transport category airplanes: Reciprocating engine powered: En route limitations: One engine inoperative. Sec. 121.183 Part 25 transport category airplanes with four or more engines: Reciprocating engine powered: En route limitations: Two engines inoperative. Sec. 121.185 Transport category airplanes: Reciprocating engine powered: Landing limitations: Destination airport. Sec. 121.187 Transport category airplanes: Reciprocating engine powered: Landing limitations: Alternate airport. Sec. 121.189 Transport category airplanes: Turbine engine powered; takeoff limitations. Sec. 121.191 Transport category airplanes: Turbine engine powered: En route limitations: One engine inoperative. Sec. 121.193 Transport category airplanes: Turbine engine powered: En route limitations: Two engines inoperative. Sec. 121.195 Transport category airplanes: Turbine engine powered: Landing limitations: Destination airports. Sec. 121.197 Transport category airplanes: Turbine engine powered: Landing limitations: Alternate airports. Sec. 121.198 Transport category cargo service airplanes: Increased zero fuel and landing weights. Sec. 121.199 Nontransport category airplanes: Takeoff limitations. Sec. 121.201 Nontransport category airplanes: En route limitations: One engine inoperative. Sec. 121.203 Nontransport category airplanes: Landing limitations: Destination airport. Sec. 121.205 Nontransport category airplanes: Landing limitations: Alternate airport. Sec. 121.207 Provisionally certificated air carrier airplane: Operating limitations. Subpart J--Special Airworthiness Requirements Sec. 121.211 Applicability. Sec. 121.213 Special airworthiness requirements: General. Sec. 121.215 Cabin interiors. Sec. 121.217 Internal doors. Sec. 121.219 Ventilation. Sec. 121.221 Fire precautions. Sec. 121.223 Proof of compliance with Sec. 121.221. Sec. 121.225 Propeller deicing fluid. Sec. 121.227 Pressure cross-feed arrangements. Sec. 121.229 Location of fuel tanks. Sec. 121.231 Fuel system lines and fittings. Sec. 121.233 Fuel lines and fittings in designated fire zones. Sec. 121.235 Fuel valves. Sec. 121.237 Oil lines and fittings in designated fire zones. Sec. 121.239 Oil valves. Sec. 121.241 Oil system drains. Sec. 121.243 Engine breather lines. Sec. 121.245 Fire walls. Sec. 121.247 Fire-wall construction. Sec. 121.249 Cowling. Sec. 121.251 Engine accessory section diaphragm. Sec. 121.253 Powerplant fire protection. Sec. 121.255 Flammable fluids. Sec. 121.257 Shutoff means. Sec. 121.259 Lines and fittings. Sec. 121.261 Vent and drain lines. Sec. 121.263 Fire-extinguishing systems. Sec. 121.265 Fire-extinguishing agents. Sec. 121.267 Extinguishing agent container pressure relief. Sec. 121.269 Extinguishing agent container compartment temperature. Sec. 121.271 Fire-extinguishing system materials. Sec. 121.273 Fire-detector systems. Sec. 121.275 Fire detectors. Sec. 121.277 Protection of other airplane components against fire. Sec. 121.279 Control of engine rotation. Sec. 121.281 Fuel system independence. Sec. 121.283 Induction system ice prevention. Sec. 121.285 Carriage of cargo in passenger compartments. Sec. 121.287 Carriage of cargo in cargo compartments. Sec. 121.289 Landing gear: Aural warning device. Sec. 121.291 Demonstration of emergency evacuation procedures. Subpart K--Instrument and Equipment Requirements Sec. 121.301 Applicability. Sec. 121.303 Airplane instruments and equipment. Sec. 121.305 Flight and navigational equipment. Sec. 121.307 Engine instruments. Sec. 121.308 Lavatory fire protection. Sec. 121.309 Emergency equipment. Sec. 121.310 Additional emergency equipment. Sec. 121.311 Seats, safety belts, and shoulder harnesses. Sec. 121.312 Materials for compartment interiors. Sec. 121.313 Miscellaneous equipment. Sec. 121.314 Cargo and baggage compartments. Sec. 121.315 Cockpit check procedure. Sec. 121.316 Fuel tanks. Sec. 121.317 Passenger information. Sec. 121.318 Public address system. Sec. 121.319 Crewmember interphone system. Sec. 121.321 [Reserved] Sec. 121.323 Instruments and equipment for operations at night. Sec. 121.325 Instruments and equipment for operations under IFR or over- the-top. Sec. 121.327 Supplemental oxygen: Reciprocating engine powered airplanes. Sec. 121.329 Supplemental oxygen for sustenance: Turbine engine powered airplanes. Sec. 121.331 Supplemental oxygen requirements for pressurized cabin airplanes: Reciprocating engine powered airplanes. Sec. 121.333 Supplemental oxygen for emergency descent and for first aid; turbine engine powered airplanes with pressurized cabins. Sec. 121.335 Equipment standards. Sec. 121.337 Protective breathing equipment. Sec. 121.339 Emergency equipment for extended over-water operations. Sec. 121.340 Emergency flotation means. Sec. 121.341 Equipment for operations in icing conditions. Sec. 121.342 Pitot heat indication systems. Sec. 121.343 Flight recorders. Sec. 121.345 Radio equipment. Sec. 121.347 Radio equipment for operations under VFR over routes navigated by pilotage. Sec. 121.349 Radio equipment for operations under VFR over routes not navigated by pilotage or for operations under IFR or over-the-top. Sec. 121.351 Radio equipment for extended overwater operations and for certain other operations. Sec. 121.353 Emergency equipment for operations over uninhabited terrain areas: flag and supplemental air carriers and commercial operators. Sec. 121.355 Equipment for operations on which specialized means of navigation are used. Sec. 121.356 Traffic Alert and Collision Avoidance System. Sec. 121.357 Airborne weather radar equipment requirements. Sec. 121.358 Low-altitude windshear system equipment requirements. Sec. 121.359 Cockpit voice recorders. Sec. 121.360 Ground proximity warning-glide slope deviation alerting system. Subpart L--Maintenance, Preventive Maintenance, and Alterations Sec. 121.361 Applicability. Sec. 121.363 Responsibility for airworthiness. Sec. 121.365 Maintenance, preventive maintenance, and alteration organization. Sec. 121.367 Maintenance, preventive maintenance, and alterations programs. Sec. 121.369 Manual requirements. Sec. 121.371 Required inspection personnel. Sec. 121.373 Continuing analysis and surveillance. Sec. 121.375 Maintenance and preventive maintenance training program. Sec. 121.377 Maintenance and preventive maintenance personnel duty time limitations. Sec. 121.378 Certificate requirements. Sec. 121.379 Authority to perform and approve maintenance, preventive maintenance, and alterations. Sec. 121.380 Maintenance recording requirements. Sec. 121.380a Transfer of maintenance records. Subpart M--Airman and Crewmember Requirements Sec. 121.381 Applicability. Sec. 121.383 Airman: Limitations on use of services. Sec. 121.385 Composition of flight crew. Sec. 121.387 Flight engineer. Sec. 121.389 Flight navigator and specialized navigation equipment. Sec. 121.391 Flight attendants. Sec. 121.395 Aircraft dispatcher: Domestic and flag air carriers. Sec. 121.397 Emergency and emergency evacuation duties. Subpart N--Training Program Sec. 121.400 Applicability and terms used. Sec. 121.401 Training program: General. Sec. 121.403 Training program: Curriculum. Sec. 121.404 Windshear training: Compliance dates. Sec. 121.405 Training program and revision: Initial and final approval. Sec. 121.407 Training program: Approval of airplane simulators and other training devices. Sec. 121.409 Training courses using airplane simulators and other training devices. Sec. 121.411 Training program; Check airman and instructor qualifications. Sec. 121.413 Check airmen and flight instructors: Initial and transition training. Sec. 121.415 Crewmember and dispatcher training requirements. Sec. 121.417 Crewmember emergency training. Sec. 121.418 Differences training: Crewmembers and dispatchers. Sec. 121.419 Pilots and flight engineers: Initial, transition, and upgrade ground training. Sec. 121.420 Flight navigators: Initial and transition ground training. Sec. 121.421 Flight attendants: Initial and transition ground training. Sec. 121.422 Aircraft dispatchers: Initial and transition ground training. Sec. 121.424 Pilots: Initial, transition, and upgrade flight training. Sec. 121.425 Flight engineers: Initial and transition flight training. Sec. 121.426 Flight navigators: Initial and transition flight training. Sec. 121.427 Recurrent training. Sec. 121.429 Prohibited drugs. Subpart O--Crewmember Qualifications Sec. 121.431 Applicability. Sec. 121.432 General. Sec. 121.433 Training required. Sec. 121.433a Training requirements: Handling and carriage of dangerous articles and magnetized materials. Sec. 121.434 Operating experience. Sec. 121.435 Helicopter operations: Supplemental air carriers and commercial operators. Sec. 121.437 Pilot qualification: Certificates required. Sec. 121.439 Pilot qualification: Recent experience. Sec. 121.440 Line checks. Sec. 121.441 Proficiency checks. Sec. 121.443 Pilot in command qualification: Route and airports. Sec. 121.445 Pilot in command airport qualification: Special areas and airports. Sec. 121.447 [Reserved] Sec. 121.453 Flight engineer qualifications. Sec. 121.455 Use of prohibited drugs. Sec. 121.457 Testing for prohibited drugs. Sec. 121.458 Misuse of alcohol. Sec. 121.459 Testing for alcohol. Subpart P--Aircraft Dispatcher Qualifications and Duty Time Limitations: Domestic and Flag Air Carriers Sec. 121.461 Applicability. Sec. 121.463 Aircraft dispatcher qualifications. Sec. 121.465 Duty time limitations: Domestic and flag air carriers. Subpart Q--Flight Time Limitations and Rest Requirements: Domestic Air Carriers Sec. 121.470 Applicability. Sec. 121.471 Flight time limitations and rest requirements: All flight crewmembers. Subpart R--Flight Time Limitations: Flag Air Carriers Sec. 121.480 Applicability. Sec. 121.481 Flight time limitations: One or two pilot crews. Sec. 121.483 Flight time limitations: Two pilots and one additional flight crewmember. Sec. 121.485 Flight time limitations: Three or more pilots and an additional flight crewmember. Sec. 121.487 Flight time limitations: Pilots not regularly assigned. Sec. 121.489 Flight time limitations: Other commercial flying. Sec. 121.491 Flight time limitations: Deadhead transportation. Sec. 121.493 Flight time limitations: Flight engineers and flight navigators. Subpart S--Flight Time Limitations: Supplemental Air Carriers and Commercial Operators Sec. 121.500 Applicability. Sec. 121.501 Flight time limitations: Helicopters. Sec. 121.503 Flight time limitations: Pilots: airplanes. Sec. 121.505 Flight time limitations: Two pilot crews: airplanes. Sec. 121.507 Flight time limitations: Three pilot crews: Airplanes. Sec. 121.509 Flight time limitations: Four pilot crews: airplanes. Sec. 121.511 Flight time limitations: Flight engineers: airplanes. Sec. 121.513 Flight time limitations: Overseas and international operations: airplanes. Sec. 121.515 Flight time limitations: All airmen: airplanes. Sec. 121.517 Flight time limitations: Other commercial flying: airplanes. Sec. 121.519 Flight time limitations: Deadhead transportation: airplanes. Sec. 121.521 Flight time limitations: Crew of two pilots and one additional airman as required. Sec. 121.523 Flight time limitations: Crew of three or more pilots and additional airmen as required. Sec. 121.525 Flight time limitations: Pilots serving in more than one kind of flight crew. Subpart T--Flight Operations Sec. 121.531 Applicability. Sec. 121.533 Responsibility for operational control: Domestic air carriers. Sec. 121.535 Responsibility for operational control: Flag air carriers. Sec. 121.537 Responsibility for operational control: Supplemental air carriers and commercial operators. Sec. 121.538 Airplane security. Sec. 121.539 Operations notices. Sec. 121.541 Operations schedules: Domestic and flag air carriers. Sec. 121.542 Flight crewmember duties. Sec. 121.543 Flight crewmembers at controls. Sec. 121.545 Manipulation of controls. Sec. 121.547 Admission to flight deck. Sec. 121.548 Aviation safety inspector's credentials: Admission to pilot's compartment. Sec. 121.549 Flying equipment. Sec. 121.550 Secret Service Agents: Admission to flight deck. Sec. 121.551 Restriction or suspension of operation: Domestic and flag air carriers. Sec. 121.553 Restriction or suspension of operation: Supplemental air carriers and commercial operators. Sec. 121.555 Compliance with approved routes and limitations: Domestic and flag air carriers. Sec. 121.557 Emergencies: Domestic and flag air carriers. Sec. 121.559 Emergencies: Supplemental air carriers and commercial operators. Sec. 121.561 Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities. Sec. 121.563 Reporting mechanical irregularities. Sec. 121.565 Engine inoperative: Landing; reporting. Sec. 121.567 Instrument approach procedures and IFR landing minimums. Sec. 121.569 Equipment interchange: Domestic and flag air carriers. Sec. 121.570 Airplane evacuation capability. Sec. 121.571 Briefing passengers before takeoff. Sec. 121.573 Briefing passengers: Extended overwater operations. Sec. 121.574 Oxygen for medical use by passengers. Sec. 121.575 Alcoholic beverages. Sec. 121.576 Retention of items of mass in passenger and crew compartments. Sec. 121.577 Stowage of food, beverage, and passenger service equipment during airplane movement on the surface, takeoff, and landing. Sec. 121.578 Cabin ozone concentration. Sec. 121.579 Minimum altitudes for use of autopilot. Sec. 121.581 Forward observer's seat: En route inspections. Sec. 121.583 Carriage of persons without compliance with the passenger- carrying requirements of this part. Sec. 121.585 Exit seating. Sec. 121.586 Authority to refuse transportation. Sec. 121.587 Closing and locking of flight crew compartment door. Sec. 121.589 Carry-on baggage. Sec. 121.590 Use of certificated land airports. Subpart U--Dispatching and Flight Release Rules Sec. 121.591 Applicability. Sec. 121.593 Dispatching authority: Domestic air carriers. Sec. 121.595 Dispatching authority: Flag air carriers. Sec. 121.597 Flight release authority: Supplemental air carriers and commercial operators. Sec. 121.599 Familiarity with weather conditions. Sec. 121.601 Aircraft dispatcher information to pilot in command: Domestic and flag air carriers. Sec. 121.603 Facilities and services: Supplemental air carriers and commercial operators. Sec. 121.605 Airplane equipment. Sec. 121.607 Communication and navigation facilities: Domestic and flag air carriers. Sec. 121.609 Communication and navigation facilities: Supplemental air carriers and commercial operators. Sec. 121.611 Dispatch or flight release under VFR. Sec. 121.613 Dispatch or flight release under IFR or over the top. Sec. 121.615 Dispatch or flight release over water: Flag and supplemental air carriers and commercial operators. Sec. 121.617 Alternate airport for departure. Sec. 121.619 Alternate airport for destination: IFR or over- the-top: Domestic air carriers. Sec. 121.621 Alternate airport for destination: Flag air carriers. Sec. 121.623 Alternate airport for destination; IFR or over- the-top: Supplemental air carriers and commercial operators. Sec. 121.625 Alternate airport weather minimums. Sec. 121.627 Continuing flight in unsafe conditions. Sec. 121.628 Inoperable instruments and equipment. Sec. 121.629 Operation in icing conditions. Sec. 121.631 Original dispatch or flight release, redispatch or amendment of dispatch or flight release. Sec. 121.633 [Reserved] Sec. 121.635 Dispatch to and from refueling or provisional airports: Domestic and flag air carriers. Sec. 121.637 Takeoffs from unlisted and alternate airports: Domestic and flag air carriers. Sec. 121.639 Fuel supply: All operations: domestic air carriers. Sec. 121.641 Fuel supply: nonturbine and turbo-propeller- powered airplanes: Flag air carriers. Sec. 121.643 Fuel supply: Nonturbine and turbo-propeller- powered airplanes; supplemental air carriers and commercial operators. Sec. 121.645 Fuel supply: Turbine-engine powered airplanes, other than turbo propeller; flag and supplemental air carriers and commercial operators. Sec. 121.647 Factors for computing fuel required. Sec. 121.649 Takeoff and landing weather minimums: VFR: Domestic air carriers. Sec. 121.651 Takeoff and landing weather minimums: IFR: All certificate holders. Sec. 121.652 Landing weather minimums: IFR: All certificate holders. Sec. 121.653 [Reserved] Sec. 121.655 Applicability of reported weather minimums. Sec. 121.657 Flight altitude rules. Sec. 121.659 Initial approach altitude: Domestic and supplemental air carriers and commercial operators. Sec. 121.661 Initial approach altitude: Flag air carriers. Sec. 121.663 Responsibility for dispatch release: Domestic and flag air carriers. Sec. 121.665 Load manifest. Sec. 121.667 Flight plan: VFR and IFR: Supplemental air carriers and commercial operators. Subpart V--Records and Reports Sec. 121.681 Applicability. Sec. 121.683 Crewmember and dispatcher record. Sec. 121.685 Aircraft record: Flag and domestic air carriers. Sec. 121.687 Dispatch release: Flag and domestic air carriers. Sec. 121.689 Flight release form: Supplemental air carriers and commercial operators. Sec. 121.691 [Reserved] Sec. 121.693 Load manifest: Air carriers and commercial operators. Sec. 121.695 Disposition of load manifest, dispatch release, and flight plans: Domestic and flag air carriers. Sec. 121.697 Disposition of load manifest, flight release, and flight plans: Supplemental air carriers and commercial operators. Secs. 121.698-121.699 [Reserved] Sec. 121.701 Maintenance log: Aircraft. Sec. 121.703 Mechanical reliability reports. Sec. 121.705 Mechanical interruption summary report. Sec. 121.707 Alteration and repair reports. Sec. 121.709 Airworthiness release or aircraft log entry. Sec. 121.711 Communication records: Domestic and flag air carriers. Sec. 121.713 Retention of contracts and amendments: Commercial operator. Sec. 121.715 In-flight medical emergency reports. Subpart W--Crewmember Certificate: International Sec. 121.721 Applicability. Sec. 121.723 Application and issue. Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits Appendix B to Part 121--Airplane Flight Recorder Specification Appendix C to Part 121--C-46 Nontransport Category Airplanes Appendix D to Part 121--Criteria for Demonstration of Emergency Evacuation Procedures Under Sec. 121.291 Appendix E to Part 121--Flight Training Requirements Appendix F to Part 121--Proficiency Check Requirements Appendix G to Part 121--Doppler Radar and Inertial Navigation System (INS): Request for Evaluation; Equipment and Equipment Installation; Training Program; Equipment Accuracy and Reliability; Evaluation Program Appendix H to Part 121--Advanced Simulation Plan Appendix I to Part 121--Drug Testing Program Appendix J to Part 121--Alcohol Misuse Prevention Program SFAR No. 14 Contrary performance provisions of the Civil Air Regulations notwithstanding, the Administrator may grant performance credit for the use of standby power on transport category airplanes. Such credit shall be applicable only to the maximum certificated take-off and landing weights, and the take-off distance, and the take-off paths, and shall not exceed that found by the Administrator to result in an over-all level of safety in the take-off, approach, and landing regimes of flight equivalent to that prescribed in the regulations under which the airplane was originally certificated without standby power. (Note: Standby power is power and/or thrust obtained from rocket engines for a relatively short period and actuated only in cases of emergency.) The following provisions shall apply: (1) Take-off; general. The take-off data prescribed in sections (2) and (3) shall be determined at all weights and altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied. (2) Take-off path. (a) The one-engine-inoperative take-off path with standby power in use shall be determined in accordance with the performance requirements of the applicable airworthiness regulations. (b) The one-engine-inoperative take-off path (excluding that portion where the airplane is on or just above the take-off surface-determined in accordance with paragraph (a) of this section shall lie above the one/engine- inoperative take-off path without standby power at the maximum take/off weight at which all of the applicable airworthiness requirements are met. For the purpose of this comparison, the flight path shall be considered to extend to at least a height of 400 feet above the take-off surface. (c) The take-off path with all engines operating, but without the use of standby power, shall reflect a conservatively greater over-all level of performance than the one-engine-inoperative take-off path established in accordance with paragraph (a) of this section. The aforementioned margin shall be established by the Administrator to insure safe day-to-day operations, but in no case shall it be less than 15 percent. The all-engines- operating take-off path shall be determined by a procedure consistent with that established in complying with paragraph (a) of this section. (d) For reciprocating-engine-powered airplanes, the take-off path to be scheduled in the Airplane Flight Manual shall represent the one-engine- inoperative take-off path determined in accordance with paragraph (a) of this section and modified to reflect the procedure (see section (6)) established by the applicant for flap retraction and attainment of the en route speed. The scheduled take-off path shall have a positive slope at all points of the airborne portion and at no point shall it lie above the take-off path specified in paragraph (a) of this section. (3) Take-off distance. The take-off distance shall be the horizontal distance along the one/engine-inoperative take-off to the point where the airplane attains a height of 50 feet aove the take-off surface for reciprocating-engine-powered airplanes and a height of 35 feet above the take-off surface for turbine-powered airplanes. (4) Maximum certificated take-off weights. The maximum certificated take- off weights shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed the weights established in compliance with paragraphs (a) and (b) of this section. (a) The conditions of section (2) (b) through (d) shall be met at the maximum certificated take-off weight. (b) Without the use of standby power, the airplane shall meet all of the en route requirements of the applicable airworthiness regulations under which the airplane was originally certificated. In addition, turbine-powered airplanes without the use of standby power shall meet the final take-off climb requirements prescribed in the applicable airworthiness regulations. (5) Maximum certificated landing weights. (a) The maximum certificated landing weights (one-engine/inoperative approach and all-engine/operating landing climb) shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed that established in compliance with the provisions of paragraph (b) of this section. (b) The flight path, with the engines operating at the power and/or thrust appropriate to the airplane configuration and with standby power in use, shall lie above the flight path without standby power in use at the maximum weight at which all of the applicable airworthiness requirements are met. In addition, the flight paths shall comply with the provisions of paragraphs (i) and (ii) of this paragraph (b). (i) The flight paths shall be established without changing the appropriate airplane configuration. (ii) The flight paths shall be carried out for a minimum height of 400 feet above the point where standby power is actuated. (6) Airplane configuration, speed, and power and/or thrust; general. Any change in the airplane's configuration, speed, and power and/or thrust shall be made in accordance with the procedures established by the applicant for the operation of the airplane in service and shall comply with the provisions of paragraphs (a) through (c) of this section. In addition, procedures shall be established for the execution of balked landings and missed approaches. (a) The Administrator shall find that the procedure can be consistently executed in service by crews of average skill. (b) The procedure shall not involve methods or the use of devices which have not been proven to be safe and reliable. (c) Allowances shall be made for such time delays in the execution of the procedures as may be reasonably expected to occur during service. (7) Installation and operation; standby power. The standby power unit and its installation shall comply with the provisions of paragraphs (a) and (b) of this section. (a) The standby power unit and its installation shall not adversely affect the safety of the airplane. (b) The operation of the standby power unit and its control shall have proven to be safe and reliable. [23 FR 7454, Sept. 25, 1958. Redesignated at 29 FR 19099, Dec. 30, 1964] SFAR No. 34--Compensation for Required Security Measures in Foreign Air Transportation [Removed. 57 FR 60728, Dec. 22, 1992] ***************************************************************************** 57 FR 60725, No. 246, Dec. 22, 1992 SUMMARY: In connection with the President's Regulatory Moratorium and Review, the Department of Transportation has reviewed all its existing regulations. This review identified numerous regulations that are obsolete, redundant, or can be reissued as non-regulatory guidance. This document removes these rules from the Code of Federal Regulations. DATES: This final rule is effective on December 22, 1992. ***************************************************************************** SFAR No. 36 1. Definitions. For purposes of this Special Federal Aviation Regulation-- (a) A product is an aircraft, airframe, aircraft engine, propeller, or appliance; (b) An article is an airframe, powerplant, propeller, instrument, radio, or accessory; and (c) A component is a part of a product or article. 2. General. (a) Contrary provisions of Sec. 121.379(b) of the Federal Aviation Regulations notwithstanding, the holder of an air carrier operating or commercial operating certificate, or the holder of an air taxi operating certificate that operates large aircraft, that has been issued operations specifications for operations required to be conducted in accordance with 14 CFR part 121, may perform a major repair on a product, as described in Sec. 121.379(a), using technical data that have not been approved by the Administrator, and approve that product for return to service, if authorized in accordance with this Special Federal Aviation Regulation. (b) Contrary provisions of Sec. 127.40(b) of the Federal Aviation Regulations notwithstanding, the holder of an air carrier operating certificate that has been issued operations specifications for operations required to be conducted in accordance with 14 CFR part 127 may perform a major repair on a product as described in Sec. 127.140(a), using technical data that have not been approved by the Administrator, and approve that product for return to service, if authorized in accordance with this Special Federal Aviation Regulation. (c) Contrary provisions of Sec. 145.51 of the Federal Aviation Regulations notwithstanding, the holder of a domestic repair station certificate under 14 CFR part 145 may perform a major repair on an article for which it is rated, using technical data not approved by the Administrator, and approve that article for return to service, if authorized in accordance with this Special Federal Aviation Regulation. If the certificate holder holds a rating limited to a component of a product or article, the holder may not, by virtue of this Special Federal Aviation Regulation, approve that product or article for return to service. 3. Major Repair Data and Return to Service. (a) As referenced in section 2 of this Special Federal Aviation Regulation, a certificate holder may perform a major repair on a product or article using technical data that have not been approved by the Administrator, and approve that product or article for return to service, if the certificate holder-- (1) Has been issued an authorization under, and a procedures manual that complies with, Special Federal Aviation Regulation No. 36, effective on January 23, 1994; (2) Has developed the technical data in accordance with the procedures manual; (3) Has developed the technical data specifically for the product or article being repaired; and (4) Has accomplished the repair in accordance with the procedures manual and the procedures approved by the Administrator for the certificate. (b) For purposes of this section, an authorization holder may develop technical data to perform a major repair on a product or article and use that data to repair a subsequent product or article of the same type as long as the holder-- (1) Evaluates each subsequent repair and the technical data to determine that performing the subsequent repair with the same data will return the product or article to its original or properly altered condition, and that the repaired product or article conforms with applicable airworthiness requirements; and (2) Records each evaluation in the records referenced in paragraph (a) of section 13 of this Special Federal Aviation Regulation. 4. Application. The applicant for an authorization under this Special Federal Aviation Regulation must submit an application, in writing and signed by an officer of the applicant, to the FAA Flight Standards District Office charged with the overall inspection of the applicant's operations under its certificate. The application must contain-- (a) If the applicant is (1) The holder of an air carrier operating or commercial operating certificate, or the holder of an air taxi operating certificate that operates large aircraft, the-- (i) The applicant's certificate number; and (ii) The specific product(s) the applicant is authorized to maintain under its certificate, operations specifications, and maintenance manual; or (2) The holder of a domestic repair station certificate-- (i) The applicant's certificate number; (ii) A copy of the applicant's operations specifications; and (iii) The specific article(s) for which the applicant is rated; (b) The name, signature, and title of each person for whom authorization to approve, on behalf of the authorization holder, the use of technical data for major repairs is requested; and (c) The qualifications of the applicant's staff that show compliance with section 5 of this Special Federal Aviation Regulation. 5. Eligibility. (a) To be eligible for an authorization under this Special Federal Aviation Regulation, the applicant, in addition to having the authority to repair products or articles must-- (1) Hold an air carrier, commercial, or air taxi operating certificate, and have been issued operations specifications for operations required to be conducted in accordance with 14 CFR part 121 or 127, or Sec. 135.2, or hold a domestic repair station certificate under 14 CFR part 145; (2) Have an adequate number of sufficiently trained personnel in the United States to develop data and repair the products that the applicant is authorized to maintain under its operating certificate or the articles for which it is rated under its domestic repair station certificate; (3) Employ, or have available, a staff of engineering personnel that can determine compliance with the applicable airworthiness requirements of the Federal Aviation Regulations. (b) At least one member of the staff required by paragraph (a)(3) of this section must-- (1) Have a thorough working knowledge of the applicable requirements of the Federal Aviation Regulations; (2) Occupy a position on the applicant's staff that has the authority to establish a repair program that ensures that each repaired product or article meets the applicable requirements of the Federal Aviation Regulations; (3) Have at least one year of satisfactory experience in processing engineering work, in direct contact with the FAA, for type certification or major repair projects; and (4) Have at least eight years of aeronautical engineering experience (which may include the one year of experience in processing engineering work for type certification or major repair projects). (c) The holder of an authorization issued under this Special Federal Aviation Regulation shall notify the Administrator within 48 hours of any change (including a change of personnel) that could affect the ability of the holder to meet the requirements of this Special Federal Aviation Regulation. 6. Procedures Manual. (a) A certificate holder may not approve a product or article for return to service under section 2 of this Special Federal Aviation Regulation unless the holder---- (1) Has a procedures manual that has been approved by the Administrator as complying with paragraph (b) of this section; and (2) Complies with the procedures contained in this procedures manual. (b) The approved procedures manual must contain-- (1) The procedures for developing and determining the adequacy of technical data for major repairs; (2) The identification (names, signatures, and responsibilities) of officials and of each staff member described in section 5 of this Special Federal Aviation Regulation who-- (i) Has the authority to make changes in procedures that require a revision to the procedures manual; and (ii) Prepares or determines the adequacy of technical data, plans or conducts tests, and approves, on behalf of the authorization holder, test results; and (3) A "log of revisions" page that identifies each revised item, page, and date of revision, and contains the signature of the person approving the change for the Administrator. (c) The holder of an authorization issued under this Special Federal Aviation Regulation may not approve a product or article for return to service after a change in staff necessary to meet the requirements of section 5 of this regulation or a change in procedures from those approved under paragraph (a) of this section, unless that change has been approved by the FAA and entered in the procedures manual. 7. Duration of Authorization. Each authorization issued under this Special Federal Aviation Regulation is effective from the date of issuance until January 23, 1999, unless it is earlier surrendered, suspended, revoked, or otherwise terminated. Upon termination of such authorization, the terminated authorization holder must: (a) Surrender to the FAA all data developed pursuant to Special Federal Aviation Regulation No. 36; or (b) Maintain indefinitely all data developed pursuant to Special Federal Aviation Regulation No. 36, and make that data available to the FAA for inspection upon request. 8. Transferability. An authorization issued under this Special Federal Aviation Regulation is not transferable. 9. Inspections. Each holder of an authorization issued under this Special Federal Aviation Regulation and each applicant for an authorization must allow the Administrator to inspect its personnel, facilities, products and articles, and records upon request. 10. Limits of Applicability. An authorization issued under this Special Federal Aviation Regulation applies only to-- (a) A product that the air carrier, commercial, or air taxi operating certificate holder is authorized to maintain pursuant to its continuous airworthiness maintenance program or maintenance manual; or (b) An article for which the domestic repair station certificate holder is rated. If the certificate holder is rated for a component of an article, the holder may not, in accordance with this Special Federal Aviation Regulation, approve that article for return to service. 11. Additional Authorization Limitations. Each hold of a authorization issued under this Special Federal Aviation Regulation must comply with any additional limitations prescribed by the Administrator and made a part of the authorization. 12. Data Review and Service Experience. If the Administrator finds that a product or article has been approved for return to service after a major repair has been performed under this Special Federal Aviation Regulation, that the product or article may not conform to the applicable airworthiness requirements or that an unsafe feature or characteristic of the product or article may exist, and that the nonconformance or unsafe feature or characteristic may be attributed to the repair performed, the holder of the authorization, upon notification by the Administrator, shall-- (a) Investigate the matter; (b) Report to the Administrator the results of the investigation and any action proposed or taken; and (c) If notified that an unsafe condition exists, provide within the time period stated by the Administrator, the information necessary for the FAA to issue an airworthiness directive under part 39 of the Federal Aviation Regulations. 13. Current Records. Each holder of an authorization issued under this Special Federal Aviation Regulation shall maintain, at its facility, current records containing-- (a) For each product or article for which it has developed and used major repair data, a technical data file that includes all data and amendments thereto (including drawings, photographs, specifications, instructions, and reports) necessary to accomplish the major repair; (b) A list of products or articles by make, model, manufacturer's serial number (including specific part numbers and serial numbers of components) and, if applicable, FAA Technical Standard Order (TSO) or Parts Manufacturer Approval (PMA) identification, that have been repaired under the authorization; and (c) A file of information from all available sources on difficulties experienced with products and articles repaired under the authorization. This Special Federal Aviation Regulation terminates January 23, 1999. [Dkt. 17551, SFAR Amdt. 36-6, 59 FR 3940, Jan. 27, 1994] ***************************************************************************** 59 FR 3936, No. 18, Jan. 27, 1994 SUMMARY: This final rule amends and extends Special Federal Aviation Regulation (SFAR) No. 36, which provides that authorized repair station and aircraft operating certificate holders may approve aircraft products or articles for return to service after accomplishing major repairs using self- developed repair data that have not been approved by the Federal Aviation Administration (FAA). Amendments include clarification of the scope of the SFAR authorization. Extension of the regulation continues to provide, for those that qualify, an alternative from the requirement to obtain FAA approval of major repair data on a case-by-case basis, and allows additional time for the FAA to incorporate the SFAR provisions into the regulations. DATES: Effective January 23, 1994 and terminates January 23, 1999. ***************************************************************************** SFAR No. 38-2--Certification and Operating Requirements Index Section 1. Applicability. (a)(1) Certificates. (a)(2) Certification requirements. (a)(3) Operating requirements. (b) Operations conducted under more than one paragraph. (c) Prohibition against operating without certificate or in violation of operations specifications. 2. Certificates and foreign air carrier operations specifications. (a) Air Carrier Operating Certificate. (b) Operating Certificate. (c) Foreign air carrier operations specifications. 3. Operations specifications. 4. Air carriers and those commercial operators engaged in scheduled intrastate common carriage. (a)(1) Airplanes, more than 30 seats/7,500 pounds payload, scheduled within 48 States. (a)(2) Airplanes, more than 30 seats/7,500 pounds payload, scheduled outside 48 States. (a)(3) Airplanes, more than 30 seats/7,500 pounds payload, not scheduled and all cargo. (b) Airplanes, 30 seats or less/7,500 or less pounds payload. (c) Rotorcraft, 30 seats or less/7,500 pounds or less payload. (d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload. 5. Operations conducted by a person who is not engaged in air carrier operations, but is engaged in passenger operations, cargo operations, or both, as a commercial operator. (a) Airplanes, 20 or more seats/6,000 or more pounds payload. (b) Airplanes, less than 20 seats/Less than 6,000 pounds payload. (c) Rotorcraft, 30 seats or less/7,500 pounds or less payload. (d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload. 6. Definitions. (a) Terms in FAR. (1) Domestic/flag/supplemental/commuter. (2) ATCO. (b) FAR references to: (1) Domestic air carriers. (2) Flag air carriers. (3) Supplemental air carriers (4) Commuter air carriers. (c) SFAR terms. (1) Air carrier. (2) Commercial operator. (3) Foreign air carrier. (4) Scheduled operations. (5) Size of aircraft. (6) Maximum payload capacity. (7) Empty weight. (8) Maximum zero fuel weight. (9) Justifiable aircraft equipment. Contrary provisions of Parts 121, 125, 127, 129, and 135 of the Federal Aviation Regulations notwithstanding-- 1. Applicability. (a) This Special Federal Aviation Regulation applies to persons conducting commercial passenger operations, cargo operations, or both, and prescribes-- (1) The types of operating certificates issued by the Federal Aviation Administration; (2) The certification requirements an operator must meet in order to obtain and hold operations specifications for each type of operation conducted and each class and size of aircraft operated; and (3) The operating requirements an operator must meet in conducting each type of operation and in operating each class and size of aircraft authorized in its operations specifications. A person shall be issued only one certificate and all operations shall be conducted under that certificate, regardless of the type of operation or the class or size of aircraft operated. A person holding an air carrier operating certificate may not conduct any operations under the rules of Part 125. (b) Persons conducting operations under more than one paragraph of this SFAR shall meet the certification requirements specified in each paragraph and shall conduct operations in compliance with the requirements of the Federal Aviation Regulations specified in each paragraph for the operation conducted under that paragraph. (c) Except as provided under this SFAR, no person may operate as an air carrier or as a commercial operator without, or in violation of, a certificate and operations specifications issued under this SFAR. 2. Certificates and foreign air carrier operations specifications. (a) Persons authorized to conduct operations as an air carrier will be issued an Air Carrier Operating Certificate. (b) Persons who are not authorized to conduct air carrier operations, but who are authorized to conduct passenger, cargo, or both, operations as a commercial operator will be issued an Operating Certificate. (c) FAA certificates are not issued to foreign air carriers. Persons authorized to conduct operations in the United States as a foreign air carrier who hold a permit issued under Section 402 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1372), or other appropriate economic or exemption authority issued by the appropriate agency of the United States of America will be issued operations specifications in accordance with the requirements of Part 129 and shall conduct their operations within the United States in accordance with those requirements. 3. Operations specifications. The operations specifications associated with a certificate issued under paragraph 2 (a) or (b) and the operations specifications issued under paragraph 2 (c) of this SFAR will prescribe the authorizations, limitations and certain procedures under which each type of operation shall be conducted and each class and size of aircraft shall be operated. 4. Air carriers, and those commercial operators engaged in scheduled intrastate common carriage. Each person who conducts operations as an air carrier or as a commercial operator engaged in scheduled intrastate common carriage of persons or property for compensation or hire in air commerce with-- (a) Airplanes having a passenger seating configuration of more than 30 seats, excluding any required crewmember seat, or a payload capacity of more than 7,500 pounds, shall comply with the certification requirements in Part 121, and conduct its-- (1) Scheduled operations within the 48 contiguous states of the United States and the District of Columbia, including routes that extend outside the United States that are specifically authorized by the Administrator, with those airplanes in accordance with the requirements of Part 121 applicable to domestic air carriers, and shall be issued operations specifications for those operations in accordance with those requirements. (2) Scheduled operations to points outside the 48 contiguous states of the United States and the District of Columbia with those airplanes in accordance with the requirements of Part 121 applicable to flag air carriers, and shall be issued operations specifications for those operations in accordance with those requirements. (3) All-cargo operations and operations that are not scheduled with those airplanes in accordance with the requirements of Part 121 applicable to supplemental air carriers, and shall be issued operations specifications for those operations in accordance with those requirements; except the Administrator may authorize those operations to be conducted under paragraph (4)(a) (1) or (2) of this paragraph. (b) Airplanes having a maximum passenger seating configuration of 30 seats or less, excluding any required crewmember seat, and a maximum payload capacity of 7,500 pounds or less, shall comply with the certification requirements in Part 135, and conduct its operations with those airplanes in accordance with the requirements of Part 135, and shall be issued operations specifications for those operations in accordance with those requirements; except that the Administrator may authorize a person conducting operations in transport category airplanes to conduct those operations in accordance with the requirements of paragraph 4(a) of this paragraph. (c) Rotorcraft having a maximum passenger seating configuration of 30 seats or less and a maximum payload capacity of 7,500 pounds or less shall comply with the certification requirements in Part 135, and conduct its operations with those aircraft in accordance with the requirements of Part 135, and shall be issued operations specifications for those operations in accordance with those requirements. (d) Rotorcraft having a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds shall comply with the certification requirements in Part 135, and conduct its operations with those aircraft in accordance with the requirements of Part 135, and shall be issued special operations specifications for those operations in accordance with those requirements and this SFAR. 5. Operations conducted by a person who is not engaged in air carrier operations, but is engaged in passenger operations, cargo operations, or both as a commercial operator. Each person, other than a person conducting operations under paragraph 2(c) or 4 of this SFAR, who conducts operations with-- (a) Airplanes having a passenger seating configuration of 20 or more, excluding any required crewmember seat, or a maximum payload capacity of 6,000 pounds or more, shall comply with the certification requirements in Part 125, and conduct its operations with those airplanes in accordance with the requirements of Part 125, and shall be issued operations specifications in accordance with those requirements, or shall comply with an appropriate deviation authority. (b) Airplanes having a maximum passenger seating configuration of less than 20 seats, excluding any required crewmember seat, and a maximum payload capacity of less than 6,000 pounds shall comply with the certification requirements in Part 135, and conduct its operations in those airplanes in accordance with the requirements of Part 135, and shall be issued operations specifications in accordance with those requirements. (c) Rotorcraft having a maximum passenger seating configuration of 30 seats or less and a maximum payload capacity of 7,500 pounds or less shall comply with the certification requirements in Part 135, and conduct its operations in those aircraft in accordance with the requirements of Part 135, and shall be issued operations specifications for those operations in accordance with those requirements. (d) Rotorcraft having a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds shall comply with the certification requirements in Part 135, and conduct its operations with those aircraft in accordance with the requirements of Part 135, and shall be issued special operations specifications for those operations in accordance with those requirements and this SFAR. 6. Definitions. (a) Wherever in the Federal Aviation Regulations the terms-- (1) "Domestic air carrier operating certificate," "flag air carrier operating certificate," "supplemental air carrier operating certificate," or "commuter air carrier" (in the context of Air Carrier Operating Certificate) appears, it shall be deemed to mean an "Air Carrier Operating Certificate" issued and maintained under this SFAR. (2) "ATCO operating certificate" appears, it shall be deemed to mean either an "Air Carrier Operating Certificate" or "Operating Certificate," as is appropriate to the context of the regulation. All other references to an operating certificate shall be deemed to mean an "Operating Certificate" issued under this SFAR unless the context indicates the reference is to an Air Carrier Operating Certificate. (b) Wherever in the Federal Aviation Regulations a regulation applies to-- (1) "Domestic air carriers," it will be deemed to mean a regulation that applies to scheduled operations solely within the 48 contiguous states of the United States and the District of Columbia conducted by persons described in paragraph 4(a)(1) of this SFAR. (2) "Flag air carriers," it will be deemed to mean a regulation that applies to scheduled operations to any point outside the 48 contiguous states of the United States and the District of Columbia conducted by persons described in paragraph 4(a)(2) of this SFAR. (3) "Supplemental air carriers," it will be deemed to mean a regulation that applies to charter and all-cargo operations conducted by persons described in paragraph 4(a)(3) of this SFAR. (4) "Commuter air carriers," it will be deemed to mean a regulation that applies to scheduled passenger carrying operations, with a frequency of operations of at least five round trips per week on at least one route between two or more points according to the published flight schedules, conducted by persons described in paragraph 4 (b) or (c) of this SFAR. This definition does not apply to Part 93 of this chapter. (c) For the purpose of this SFAR, the term-- (1) "Air carrier" means a person who meets the definition of an air carrier as defined in the Federal Aviation Act of 1958, as amended. (2) "Commercial operator" means a person, other than an air carrier, who conducts operations in air commerce carrying persons or property for compensation or hire. (3) "Foreign air carrier" means any person other than a citizen of the United States, who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in foreign air transportation. (4) "Schedule operations" means operations that are conducted in accordance with a published schedule for passenger operations which includes dates or times (or both) that is openly advertised or otherwise made readily available to the general public. (5) "Size of aircraft" means an aircraft's size as determined by its seating configuration or payload capacity, or both. (6) "Maximum payload capacity" means: (i) For an aircraft for which a maximum zero fuel weight is prescribed in FAA technical specifications, the maximum zero fuel weight, less empty weight, less all justifiable aircraft equipment, and less the operating load (consisting of minimum flight crew, foods and beverages, and supplies and equipment related to foods and beverages, but not including disposable fuel or oil). (ii) For all other aircraft, the maximum certificated takeoff weight of an aircraft, less the empty weight, less all justifiable aircraft equipment, and less the operating load (consisting of minimum fuel load, oil, and flightcrew). The allowance for the weight of the crew, oil, and fuel is as follows: (A) Crew--200 pounds for each crewmember required by the Federal Aviation Regulations. (B) Oil--350 pounds. (C) Fuel--the minimum weight of fuel required by the applicable Federal Aviation Regulations for a flight between domestic points 174 nautical miles apart under VFR weather conditions that does not involve extended overwater operations. (7) "Empty weight" means the weight of the airframe, engines, propellers, rotors, and fixed equipment. Empty weight excludes the weight of the crew and payload, but includes the weight of all fixed ballast, unusable fuel supply, undrainable oil, total quantity of engine coolant, and total quantity of hydraulic fluid. (8) "Maximum zero fuel weight" means the maximum permissible weight of an aircraft with no disposable fuel or oil. The zero fuel weight figure may be found in either the aircraft type certificate data sheet, or the approved Aircraft Flight Manual, or both. (9) "Justifiable aircraft equipment" means any equipment necessary for the operation of the aircraft. It does not include equipment or ballast specifically installed, permanently or otherwise, for the purpose of altering the empty weight of an aircraft to meet the maximum payload capacity. This Special Federal Aviation Regulation No. 38-2 terminates June 1, 1995, or the effective date of the codification of SFAR 38-2 into the Federal Aviation Regulations, whichever occurs first. [Doc. No. 18510, 50 FR 23944, June 7, 1985, as amended by SFAR 38-3, 51 FR 17275, May 9, 1986; SFAR 38-4, 52 FR 28939, Aug. 4, 1987; SFAR 38-5, 54 FR 23865, June 2, 1989; SFAR 38-6, 55 FR 23047, June 5, 1990; SFAR 38-7, 56 FR 25451, June 4, 1991; 57 FR 23923, June 4, 1992; SFAR 38-8, 58 FR 34515, June 25, 1993] ***************************************************************************** 58 FR 34514, No. 121, June 25, 1993 SUMMARY: This amendment establishes a new termination date for Special Federal Aviation Regulation (SFAR) No. 38-2 (50 FR 23941; June 7, 1985), which contains the certification and operating requirements for persons conducting commercial passenger or cargo operations. The FAA stated in previous extensions of SFAR 38-2 that it was necessary to establish a new termination date for SFAR 38-2 to allow time for the FAA to complete the rulemaking process that will consolidate the rules regarding certification and operating requirements and incorporate SFAR 38-2 into the Federal Aviation Regulations (FAR). The current termination date for SFAR 38-2 is June 1, 1993. Because the FAA has not completed that rulemaking process, an extension of the termination date is necessary. SFAR 38-2 is extended to ensure that the FAA has adequate time to complete the consolidation of the rules regarding certification and operating requirements. However, if a final rule, which consolidates those rules, is issued before the new termination date, the FAA intends to publish a notice rescinding SFAR 38-2 concurrently with the publication of the final rule in the Federal Register. DATES: Effective date June 18, 1993. ***************************************************************************** SFAR No. 41 Editorial Note: For the text of SFAR No. 41, see Part 91 of this chapter. SFAR No. 52 Editorial Note: For the text of SFAR No. 52, see Part 135 of this chapter. Subpart A--General Sec. 121.1 Applicability. (a) Except as prescribed in paragraph (b) of this section, this part prescribes rules governing the certification and operations of the following: (1) Each air carrier engaging in interstate or overseas air transportation under a certificate of public convenience and necessity or other appropriate economic authority issued by the CAB. (2) Each air carrier engaging in foreign air transportation under a certificate of public convenience and necessity or other appropriate economic authority issued by the CAB. (3) Each air carrier covered by paragraph (a) (1) or (2) of this section when engaging in charter flights or other special service operations. (4) Each supplemental air carrier when it engages in the carriage of persons or property in air commerce for compensation or hire. (5) Each commercial operator when it engages in the carriage of persons or property in air commerce for compensation or hire-- (i) With large aircraft other than airplanes; or (ii) As a common carrier solely between places entirely within any state of the United States, with airplanes having a seating capacity of more than 30 passengers or a maximum payload capacity of more than 7,500 pounds. (6) Each air carrier when it engages in all-cargo air service under a certificate issued by the CAB under section 418 of the Federal Aviation Act of 1958. (b) This part does not apply to operations conducted under Part 127, 133, or 135 of this chapter, or emergency mail service conducted under section 405(h) of the Federal Aviation Act of 1958. (c) In addition, this part prescribes rules governing-- (1) Each person employed or used by an air carrier or commercial operator in operations under this part, including the maintenance, preventive maintenance and alteration of aircraft; and (2) Each person who applies for provisional approval of an Advanced Qualification Program curriculum, curriculum segment, or portion of a curriculum segment under SFAR No. 58 and each person employed or used by an air carrier or commercial operator under this part to perform training, qualification, or evaluation functions under an Advanced Qualification Program under SFAR No. 58; and (3) Each person who is on board an aircraft being operated under this part. (d) For the purpose of this part, "passenger-carrying airplane" or "passenger-carrying operation" means one carrying any person other than a person listed in Sec. 121.583. (e) For the purpose of this part, "passenger-carrying aircraft" or "passenger-carrying operation" means one carrying any person other than a flight crewmember or other crewmember, company employee, authorized government representative, or person accompanying a shipment. (f) This part does not apply to operations conducted under Sec. 91.321. [Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 9, 1965; Amdt. 121-56, 35 FR 161, Jan. 6, 1970; Amdt. 121-67, 35 FR 14612, Sept. 18, 1970; 35 FR 16041, Oct. 13, 1970; Amdt. 121-139, 43 FR 1790, Jan. 12, 1978; Amdt. 121-160, 45 FR 43162, June 26, 1980; Amdt. 121- 164, 45 FR 67235, Oct. 9, 1980; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989; Amdt. 121-219, 55 FR 40277, Oct. 2, 1990] ***************************************************************************** 55 FR 40262, No. 191, Oct. 2, 1990 SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes a voluntary, alternative method for the training, evaluation, certification, and qualification requirements of flight crewmembers, flight attendants, aircraft dispatchers, instructors, evaluators and other operations personnel subject to the training and qualification requirements of 14 CFR parts 121 and 135. The FAA has developed this alternative method in response to recommendations made by representatives from the government, airlines, aircrew professional organizations, and airline industry organizations. The SFAR is designed to improve aircrew performance and allows certificate holders that are subject to the training requirements of parts 121 and 135 to develop innovative training programs that incorporate the most recent advances in training methods and techniques. EFFECTIVE DATE: October 2, 1990. ***************************************************************************** Sec. 121.3 Certification requirements: General. (a) Except as provided in paragraphs (b) and (h) of this section, no person may engage in scheduled interstate air transportation within the 48 contiguous States or the District of Columbia without, or in violation of, a domestic air carrier operating certificate and appropriate operations specifications issued under this part. An air carrier holding such a certificate is hereafter in this part referred to as a "domestic air carrier". (b) The Administrator may authorize any air carrier holding authority to engage in scheduled cargo operations under Title IV of the Federal Aviation Act to conduct those operations under the certification and operation rules applicable to carriers covered by paragraph (e) of this section. (c) Except as provided in paragraphs (d) and (h) of this section, no person may engage in scheduled air transportation, other than that described in paragraph (a) of this section, without, or in violation of, a flag air carrier operating certificate and appropriate operations specifications issued under this part. An air carrier holding such a certificate is hereafter in this part referred to as a "flag air carrier". (d) A domestic air carrier may, in the case of segments of routes extending outside the 48 contiguous States and the District of Columbia, be authorized to conduct operations over those route segments under the domestic air carrier certification and operation rules. (e) No person may engage in air transportation (other than that described in paragraph (a), (c), or (h) of this section) without, or in violation of, a supplemental air carrier operating certificate and appropriate operations specifications issued under this part. An air carrier holding a supplemental air carrier certificate is hereafter in this part referred to as a "supplemental air carrier". (f) No person (except a person covered by paragraph (a), (b), (c), (d), or (e) of this section) may engage in the carriage of persons or property for compensation or hire in air commerce without, or in violation of a commercial operator operating certificate and appropriate operations specifications issued under this part. (g) A domestic or flag air carrier or an air carrier holding a certificate under Part 127 is not eligible for or required to obtain a separate certificate for operations under paragraph (e) or (f) of this section, but must obtain authority to conduct those operations by appropriate amendments to its operations specifications. (h) No person may engage in air transportation under the authority of an all-cargo air service certificate issued by the CAB under section 418 of the Federal Aviation Act of 1958, unless that person complies with the certification and operating rules of this part applicable to supplemental air carriers, except Sec. 121.590. However, the Administrator may issue operations specifications for those operations and allow or require a certificate holder to comply with operating rules prescribed for domestic or flag air carriers, in lieu of the supplemental air carrier operating rules, if he determines that safety in air commerce requires or allows their issuance. The holder of a domestic, flag or supplemental air carrier certificate issued under this part or an air carrier certificate issued under Part 127 of this chapter need not obtain, and is not eligible for, an all- cargo air carrier certificate issued under this part. Those certificate holders are issued appropriate operations specifications. (i) No holder of an air carrier operating certificate may operate or list on any required listing of its aircraft any aircraft listed on any operations specifications issued under Part 125 of this chapter. [Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-139, 43 FR 1790, Jan. 12, 1978; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt. 121-192, 52 FR 20028, May 28, 1987] Sec. 121.4 Applicability of rules to unauthorized operators. The rules in this part which refer to a person certificated under Sec. 121.3 apply also to any person who engages in an operation governed by this part without the appropriate certificate and operations specifications required by Sec. 121.3. [Doc. No. 11675, Amdt. 121-98, 37 FR 20937, Oct. 5, 1972] Sec. 121.5 Charter flights or other special service operation: Flag and domestic air carriers. Each flag or domestic air carrier, or air carrier holding an operating certificate under Part 127 shall conduct the following operations under the rules of this part applicable to supplemental air carriers and commercial operators: (a) Any charter flight or other special service conducted over routes into airports listed in its operations specifications, unless the air carrier obtains authority from the Administrator to conduct those operations under the rules that would otherwise apply to that air carrier's operations. (b) Any charter flight or other special service that involves, in whole or in part, off-route operations. [Doc. No. 6258, 29 FR 19190, Dec. 31, 1964] Sec. 121.6 Leasing of aircraft. (a) Prior to conducting operations, each certificate holder must provide the Administrator a copy or a written memorandum of the terms of any leasing arrangement whereby that certificate holder agrees to provide a large aircraft and at least a pilot flight crewmember to another person certificated under this Part 121, and 123, or 135 of the Federal Aviation Regulations or engaged in the operation of a foreign air carrier or other foreign airline. (b) Upon receiving a copy of an agreement, or a written memorandum of the terms thereof, the Administrator determines which party to the agreement is conducting the operation and issues an amendment to the certificate holder's operations specifications containing the following: (1) The names of the parties to the agreement and the duration thereof. (2) The nationality and registration numbers of each aircraft involved in the agreement. (3) The type of operation (e.g. scheduled, passenger, etc.). (4) The areas of operation. (5) The regulations of this chapter applicable to the operation. (6) A statement of the economic authority, if available. (c) In making a determination under paragraph (b) of this section, the Administrator considers the responsibility under the agreement for the following: (1) Crewmembers and training. (2) Airworthiness and performance of maintenance. (3) Dispatch. (4) Servicing the aircraft. (5) Scheduling. (6) Any other factor the Administrator considers relevant. [Amdt. 121-70, 35 FR 17038, Nov. 5, 1970, as amended by Amdt. 121-95, 37 FR 18716, Sept. 15, 1972] Sec. 121.7 Common carriage by commercial operator. An applicant for a commercial operator certificate, or a commercial operator, who carries or intends to carry passengers for compensation or hire as a common carrier between two points entirely within any State with the frequency set forth in paragraph (a) or (b) of this section shall show that it is able to, and will conduct, those operations under the rules applicable to domestic air carriers or any other rules that the Administrator finds to be necessary to provide an appropriate level of safety for the operation: (a) Two flights, or one round trip a week on the same day or days of the week for eight or more weeks in any 90 consecutive days. (b) A total of 36 or more flights or 18 or more round trips in any 90 consecutive days. [Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-131, 41 FR 53777, Dec. 9, 1976] Sec. 121.9 Operations of airplanes having a maximum passenger seating configuration of 30 seats or less and a maximum payload capacity of 7,500 pounds or less. No person may conduct operations with an airplane having a maximum passenger seating configuration, excluding any pilot seat, of 30 seats or less and a maximum payload capacity of 7,500 pounds or less, unless those operations are conducted under Part 135 of this chapter, except Secs. 135.5, 135.17, 135.27, 135.29, 135.31, 135.35, 135.37, and 135.39, and appropriate operations specifications in place of Subparts E through V of this part. However, the holder of an air carrier operating certificate issued under this part may maintain its airplanes operated under Part 135 of this chapter under a continuous airworthiness maintenance program that meets Subpart L of this part and operations specifications issued to it under this part. Operations specifications issued under this section contain the operating limitations and requirements that the Administrator finds necessary. [Amdt. 121-147, 43 FR 46782, Oct. 10, 1978, as amended at 44 FR 26737, May 7, 1979] Sec. 121.11 Rules applicable to operations in a foreign country. Each certificate holder shall, while operating an airplane within a foreign country, comply with the air traffic rules of the country concerned and the local airport rules, except where any rule of this part is more restrictive and may be followed without violating the rules of that country. [Amdt. 121-143, 43 FR 22641, May 25, 1978] Sec. 121.13 Rules applicable to helicopter operations: deviation authority. (a) Each person operating a helicopter under this part shall comply with Secs. 121.5, 121.11, 121.15, Subpart C (except holders of certificates under Part 127), Subpart F (except holders of certificates under Part 127), Subpart G, Secs. 121.153, 121.155, 121.157(e), 121.163, 121.315, Subpart L, Secs. 121.383, 121.385, 121.433, 121.435, 121.437, 121.501, 121.533 through 121.563, 121.567, 121.575, 121.586, 121.597, 121.599, 121.603, 121.609, 121.611 through 121.617, 121.623 through 121.631, 121.647, 121.653, 121.655, 121.657, 121.659, 121.665, 121.667, and Subpart V. (b) In addition to the rules of this part listed in paragraph (a) of this section, each person operating a helicopter shall comply with Secs. 127.81, 127.83, 127.91, 127.93, 127.101 through 127.117, 127.119, 127.121, 127.123, 127.125, 127.127, 127.145, 127.151 through 127.161, 127.171 through 127.177, 127.231 through 127.261, and 127.301 through 127.319. (c) The Administrator may issue operations specifications authorizing a deviation from any specific requirement for helicopter operations if he finds that the deviation provides a substantially equivalent standard of safety. (d) Upon application the Administrator may issue operations specifications to a certificate holder, authorizing it to conduct operations other than scheduled operations with helicopters having a maximum passenger seating configuration, excluding any pilot seat, of 30 seats or less and a maximum payload capacity of 7,500 pounds or less under Part 135 of this chapter if he finds that safety in air commerce and the public interest allow it. Operations specifications issued under this paragraph contain such operating limitations and requirements as the Administrator finds necessary. [Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-50, 34 FR 13923, Aug. 30, 1969; Amdt. 121-54, 34 FR 19134, Dec. 3, 1969; Amdt. 121-61, 35 FR 7293, May 29, 1970; Amdt. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-147, 43 FR 46782, Oct. 10, 1978] Sec. 121.15 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances. If the holder of a certificate issued under this part permits any aircraft owned or leased by that holder to be engaged in any operation that the certificate holder knows to be in violation of Sec. 91.19(a) of this chapter, that operation is a basis for suspending or revoking the certificate. [Amdt. 121-50, 34 FR 13923, Aug. 30, 1969, as amended by Amdt. 121-78, 36 FR 17495, Sept. 1, 1971; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.15 was amended by changing the cross reference "Sec. 91.12(a)" to read "Sec. 91.19(a)", effective August 18, 1990. Subpart B--Certification Rules for Domestic and Flag Air Carriers Source: Docket No. 6258, 29 FR 19191, Dec. 31, 1964, unless otherwise noted. Sec. 121.21 Applicability. This subpart prescribes certification rules for domestic air carriers and flag air carriers. Sec. 121.23 Operations specifications not a part of certificate. Except for those operations specifications specifying airport and route or route segment authorizations, air carrier operations specifications are not a part of an air carrier's operating certificate. Sec. 121.25 Contents of certificate and operations specifications. (a) Each domestic and flag air carrier operating certificate contains the following: (1) The air carrier's name. (2) The airports to and from which it may operate. (3) The approved routes over which it may operate. These airports and routes are incorporated into the air carrier operating certificate by reference to the authorized airports and approved routes listed in that air carrier's operations specifications. (b) Each air carrier's operations specifications contain the following: (1) The kinds of operations authorized. (2) The types of airplanes authorized for use. (3) En route authorizations and limitations. (4) Airport authorizations. (5) Airport limitations. (6) Time limitations, or standards for determining time limitations, for overhauls, inspections, and checks of airframes, engines, propellers, appliances and emergency equipment. (7) Procedures for control of weight and balance of airplanes. (8) Interline equipment interchange requirements, if relevant. (9) Any other item that the Administrator determines is necessary to cover a particular situation. [Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt. 121-106, 38 FR 22377, Aug. 20, 1973] Sec. 121.26 Application for domestic or flag air carrier operator certificates. Each application for a domestic or flag air carrier operating certificate shall be made in the form and manner and contain information prescribed by the Administrator. Each applicant must submit his application at least 60 days before the date of intended operation. [Amdt. 121-143, 43 FR 22641, May 25, 1978] Sec. 121.27 Issue of certificate. (a) An applicant under this subpart is entitled to an operating certificate if-- (1) He holds a certificate of public convenience and necessity or other appropriate economic authority issued by the Civil Aeronautics Board; and (2) The Administrator, after investigation, finds that the applicant is properly and adequately equipped and able to conduct a safe operation in accordance with this part and operations specifications issued under this part. (b) In the case of operations conducted under a temporary authorization issued by the Civil Aeronautics Board, the Administrator issues operations specifications prescribing appropriate requirements that deviate from the requirements of this part whenever, after investigation, he finds that general standards of safety for such an operation require or allow a deviation from such a requirement for a particular operation or class of operations for which an application for an air carrier operating certificate has been made. (c) Whenever, after investigation, the Administrator determines that the general standards of safety for flag air carrier operations conducted-- (1) Between points in Alaska; or (2) Under a temporary authorization issued by the Civil Aeronautics Board; require or allow a deviation from any requirement of this part for a particular operation or class of operations for which an application for an air carrier operating certificate has been made, he issues operations specifications prescribing appropriate requirements that deviate from the requirements of this part. [Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt. 121-54, 34 FR 19134, Dec. 3, 1969] Sec. 121.29 Duration of certificate. (a) An air carrier operating certificate issued under this subpart is effective until termination of the certificate of public convenience and necessity or other economic authority issued by the Civil Aeronautics Board to the air carrier or until it is surrendered or the Administrator suspends, revokes, or otherwise terminates it. (b) If the Administrator suspends or revokes such an air carrier operating certificate, the holder of that certificate shall return it to the Administrator. Subpart C--Certification Rules for Supplemental Air Carriers and Commercial Operators Source: Docket No. 6258, 29 FR 19192, Dec. 31, 1964, unless otherwise noted. Sec. 121.41 Applicability. This subpart prescribes certification rules for supplemental air carriers and commercial operators. Sec. 121.43 Operations specifications not a part of certificate. Operations specifications are not a part of a supplemental air carrier or commercial operator operating certificate. Sec. 121.45 Contents of certificate and operations specifications. (a) Each certificate issued under this subpart contains the following: (1) The holder's name. (2) A description of the operations authorized. (3) The date it is issued. (4) The date it terminates in a commercial operator operating certificate. (b) The operations specifications issued under this subpart contain the following: (1) The kinds of operations authorized. (2) The types and registration numbers of aircraft authorized for use. (3) En route authorizations and limitations, including areas of operation. (4) Special airport authorizations. (5) Special airport limitations. (6) Time limitations, or standards for determining time limitations, for overhauls, inspections, and checks of airframes, aircraft engines, propellers, appliances and emergency equipment. (7) Procedures for control of weight and balance of aircraft. (8) Any other item that the Administrator determines is necessary to cover a particular situation. [Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121-27, 32 FR 6272 Apr. 21, 1967; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973] Sec. 121.47 Application for supplemental air carrier and commercial operator certificates. (a) Each applicant for the original issue of a supplemental air carrier operating certificate or for the original issue or renewal of a commercial operator operating certificate must submit his application in a form and manner prescribed by the Administrator to the FAA Flight Standards District Office in whose area the applicant proposes to establish or has established his principal operations base. Each applicant must submit an application at least 60 days before the date of intended operations (in the case of an original application) or 60 days before the date the certificate terminates (in the case of a renewal application). (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 five percent or more of the total voting stock of the corporation, and if that stockholder is not the sole beneficial owner of the stock, the name and address of each beneficial owner. An individual is considered to own the stock owned, directly or indirectly, by or for his spouse, his children, his grandchildren, or his parents. (ii) The name and address of each director and each officer, and each person employed or who will be employed in a management position described in Sec. 121.59. (iii) The name and address of each person directly or indirectly controlling or controlled by the applicant, and each person under direct or indirect control with the applicant. (2) For non-corporate applicants: (i) The name and address of each person having a financial interest therein and the nature and extent of that interest. (ii) The name and address of each person employed or who will be employed in a management position described in Sec. 121.59. (c) In addition, each applicant for the original issue or renewal of a commercial operator certificate must submit with the application a signed statement showing-- (1) The financial information listed in Sec. 121.49; and (2) 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. (d) Each applicant for, or holder of, a certificate issued under this subpart, 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 (2) of this section; or (2) A change in the financial information submitted to the Administrator under Sec. 121.49 that occurs while the application for the issue or renewal is pending before the FAA and that would make the applicant's financial situation substantially less favorable than originally reported. [Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121-27, 32 FR 6272, Apr. 21, 1967; Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.48 Commercial operator: Financial statement preparation and certification. Each financial statement containing financial information required by Secs. 121.49 and 121.55 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. [Amdt. 121-62, 35 FR 7642, May 16, 1970] Sec. 121.49 Commercial operator: Financial information required for original issue or renewal. Each applicant for the original issue or renewal of a commercial operator certificate must submit the following financial information: (a) A balance sheet that shows assets, liabilities, and net worth, as of a date not more than 60 days before the date of application. (b) In the case of an application for renewal, the most recent profit and loss statement required to be submitted under Sec. 121.55. Also, if the application for renewal is filed more than 60 days after the date of the applicant's most recent profit and loss statement submitted under Sec. 121.55, the applicant must submit a supplementary profit and loss statement covering the period from the date of the most recent statement to a date not more than 60 days before the date of application for renewal. The applicant shall submit a list of each contract that gave rise to operating income on the supplementary profit and loss statement, including the names and addresses of the contracting parties and the nature, scope, date, and duration of each contract. (c) 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. (d) 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. (e) In the case of an application for original issue, a detailed projection of the proposed operation covering 6 complete months after the month in which the certificate is expected to be issued including-- (1) 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; (2) Estimated amount of operating and nonoperating expenses by expense objective classification; and (3) Estimated net profit or loss for the period. (f) 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-- (1) Acquisition of property and equipment (explain); (2) Retirement of debt (explain); (3) Additional working capital (explain); (4) Operating losses other than depreciation and amortization (explain); and (5) Other (explain). (g) An estimate of the cash that will be available during the first 6 months after the month in which the certificate is expected to be issued, from-- (1) Sale of property or flight equipment (explain); (2) New debt (explain); (3) New equity (explain); (4) Working capital reduction (explain); (5) Operations (profits) (explain); (6) Depreciation and amortization (explain); and (7) Other (explain). (h) A schedule of insurance coverage in effect on the balance sheet date showing insurance companies; policy numbers; types, amounts, and periods of coverage; and special conditions, exclusions, and limitations. (i) Any other financial information that the Administrator requires to enable him to determine that the applicant has sufficient financial resources to conduct his operations with the degree of safety required in the public interest. [Amdt. 121-62, 35 FR 7642, May 16, 1970] Sec. 121.51 Issue of certificate. (a) An applicant for a certificate under this subpart is entitled to the certificate if he is a citizen of the United States and the Administrator, after investigation (including any necessary verification of financial and other information submitted) finds that the applicant-- (1) Holds the economic authority required by the Civil Aeronautics Board, if any; (2) Is not disqualified under paragraph (b) of this section; and (3) Is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this part and the operations specifications provided for in this part. (b) The Administrator may deny an application for a certificate under this subpart if he finds-- (1) That an air carrier or commercial operator certificate previously issued to the applicant was revoked; (2) That a person who was employed in a management position similar to any listed under Sec. 121.59 with (or has exercised control with respect to) any air carrier or commercial operator whose operating certificate has been revoked, will be employed in any of those positions or a similar position (or will be in control of or have a substantial ownership interest in the applicant), and that the person's employment or control contributed materially to the reasons for revoking that certificate; or (3) In the case of an applicant for a commercial operator certificate, that for financial reasons the applicant is not able to conduct a safe operation. Sec. 121.53 Duration of certificate. (a) A supplemental air carrier operating certificate issued under this subpart is effective until termination of the certificate of public convenience and necessity or other economic authority issued by the Civil Aeronautics Board to the air carrier or until it is surrendered or the Administrator suspends, revokes, or otherwise terminates it. (b) A commercial operator operating certificate is effective for 1 year. However, a certificate issued to an applicant who has held operating certificates continuously for at least 4 years immediately preceding the date of issuance, is issued without a specific expiration date. (c) The Administrator may suspend or revoke a certificate under section 609 of the Federal Aviation Act of 1958 and the applicable procedures of Part 13 of this chapter for any cause that, at the time of suspension or revocation, would have been grounds for denying an application for a certificate. (d) Any certificate issued under this subpart ceases to be effective if it is surrendered, suspended, or revoked. (e) If the Administrator suspends or revokes a certificate or it is otherwise terminated, the holder of that certificate shall return it to the Administrator. (f) Each operating certificate with commercial operator authority for the operations of airplanes issued under this part and in effect February 2, 1981 terminates January 1, 1983, unless the certificate holder applies to: (1) Conduct its operations in accordance with the air carrier rules of Part 121; or (2) Conduct common carriage operations solely between points entirely within any state of the United States using airplanes having a seating capacity of more than 30 passengers or a maximum payload capacity of more than 7,500 pounds. If the certificate holder makes timely application in accordance with this paragraph, a certificate continues in effect until final FAA action is taken on the application. [Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt. 121-164, 45 FR 67235, Oct. 9, 1980; Amdt. 121-169A, 46 FR 10903, Feb. 5, 1981] Sec. 121.55 Commercial operator: Periodic financial reports. Each holder of a commercial operator operating certificate shall submit a financial report for the first 6 months of each fiscal year and another financial report for each complete fiscal year. If a commercial operator operating certificate is suspended for more than 29 days, the certificate holder shall submit a financial report as of the last day of the month in which the suspension is terminated. The report required to be submitted by this section shall be submitted within 60 days of the last day of the period covered by the report and must include-- (a) A balance sheet that shows assets liabilities, and net worth on the last day of the reporting period; (b) The information required by Sec. 121.49 (c), (h), and (i); (c) An itemization of claims in litigation against the applicant, if any, as of the last day of the period covered by the report; (d) A profit and loss statement with separation of items relating to applicant's commercial operator activities from his other business activities, if any; and (e) A list of each contract that gave rise to operating income on the profit and loss statement, including the names and addresses of the contracting parties and the nature, scope, date, and duration of each contract. [Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt. 121-130, 41 FR 47229, Oct. 28, 1976] Sec. 121.57 Obtaining waivers and authority for deviations. (a) The Administrator may, upon application by the supplemental air carrier or commercial operator, authorize deviations from the applicable requirements of this part, by an appropriate amendment to the operations specifications, for military contract or for emergency operations. The Administrator may, at any time, terminate any grant of deviation authority or waiver issued under this section. Each supplemental air carrier and commercial operator authorized deviations under this section shall comply with the terms of the authorization when conducting operations affected thereby. (b) If, in the case of military contracts, the Department of Defense certifies to the Administrator that an operation is essential to the national defense and requires a requested deviation, and the Administrator finds that the deviation is not based on an economic advantage or convenience to the air carrier or commercial operator or the United States, the Administrator may authorize deviations for-- (1) Operations conducted under a contract with an armed force as the primary contractor; or (2) Operations conducted for an armed force under a subcontract with a primary contractor. (c) In emergency conditions the Administrator may authorize deviations for operations if those conditions necessitate the transportation of persons or supplies for the protection of life or property, and he finds that a deviation is necessary for the expeditious conduct of the operation. (d) The Administrator may, by an appropriate amendment to the operations specifications, waive, in whole or in part, submission of the financial information required from a commercial operator in a renewal application or supplemental periodic financial report if-- (1) Application for the waiver is filed at least 30 days before the information is due; and (2) The Administrator finds that the submission is not required in the public interest, based on information as to the operator's-- (i) Financial standing; (ii) Management; and (iii) Kind of operations. The filing of an application for a waiver under this paragraph does not automatically extend the time for submitting the required information. Sec. 121.59 Management personnel required. (a) Each applicant for a certificate under this subpart must show that it has enough qualified management personnel to provide the highest degree of safety in its operations and that those personnel are employed on a full-time basis in the following or equivalent positions: (1) General manager. (2) Director of operations (who may be the general manager if qualified). (3) Director of maintenance. (4) Chief pilot. (5) Chief inspector. (b) Upon application by the supplemental air carrier or commercial operator the Administrator may approve different positions or numbers of positions than those listed in paragraph (a) of this section for a particular operation if the air carrier or commercial operator shows that it can perform the operation with the highest degree of safety under the direction of fewer or different categories of management personnel due to-- (1) The kind of operation involved; (2) The number and type of aircraft used; and (3) The area of operations. The title and number of positions so approved are set forth in the operations specifications of the air carrier or commercial operator. (c) Each supplemental air carrier and commercial operator shall-- (1) Set forth the duties, responsibilities, and authority, of the personnel required by this section, in the general policy section of the air carrier manual or commercial operator manual; (2) List in the manual the names and addresses of the persons assigned to those positions; and (3) Within at least 10 days, notify the FAA Flight Standards District Office charged with the overall inspection of the air carrier or commercial operator, of any change made in the assignment of persons to the listed positions. [Doc. No. 6258, 2958, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121- 207, 54 FR 39293, Sept. 25, 1989] Sec. 121.61 Management personnel: qualifications. (a) No person may serve as director of operations unless he knows the contents of the air carrier's or commercial operator's operations manual and operations specifications, and the provisions of this part necessary to the proper performance of his duties and-- (1) Holds, or has held, an airline transport pilot certificate and has had at least three years of experience as pilot in command of a large aircraft; or (2) Has had at least three years of experience as director of operations, of an operation using large aircraft, or a position of comparable responsibility. (b) No person may serve as chief pilot unless that person-- (1) Holds a current airline transport pilot certificate with appropriate ratings for at least one of the type of aircraft used; (2) Has had at least 3 years of experience as pilot in command of a large aircraft with an air carrier or commercial operator. However, the administrator may grant a deviation from the requirement of this subparagraph if he finds that the person has had equivalent aeronautical experience; and (3) Knows the contents of the air carrier's or commercial operator's manual and operations specifications, and the provisions of this part necessary to the proper performance of his duties. (c) No person may serve as director of maintenance unless he-- (1) Holds a current mechanic certificate with either an airframe or powerplant rating, and has had at least five years of experience in the maintenance of large aircraft, one year of which must have been in a supervisory capacity; and (2) Knows the maintenance parts of the air carrier's or commercial operator's manual and operations specifications and the applicable maintenance provisions of this part. (d) No person may serve as chief inspector unless he-- (1) Holds a current mechanic certificate with both airframe and powerplant ratings, and has held these ratings for at least three years; (2) Has had at least three years of diversified maintenance experience on large aircraft with an air carrier, commercial operator, or certificated repair station, one year of which must have been as a maintenance inspector; and (3) Knows the maintenance parts of the air carrier's or commercial operator's manual and operations specifications, and the applicable maintenance provisions of this part. [Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121-52, 34 FR 14463, Sept. 17, 1969; Amdt. 121-143, 43 FR 22641, May 25, 1978] Subpart D--Rules Governing All Certificate Holders Under This Part Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless otherwise noted. Sec. 121.71 Applicability. This subpart prescribes rules governing all certificate holders under this part. Sec. 121.73 Availability of certificate and operations specifications. Each certificate holder shall make its operating certificate and operations specifications available for inspection by the Administrator at its principal operations office. Sec. 121.75 Use of operations specifications. (a) Each certificate holder shall keep each of its employees informed of the provisions of its operations specifications that apply to the employee's duties and responsibilities. (b) Each certificate holder shall maintain a complete and separate set of its operations specifications. In addition, each certificate holder shall insert pertinent excerpts of its operations specifications, or reference thereto, in its manual in such a manner that they retain their identity as operations specifications. Sec. 121.77 Amendment of certificate. (a) An operating certificate issued under this part may be amended-- (1) Upon application by the holder, if the FAA Flight Standards District Office charged with the overall inspection of the certificate holder's operations determines that safety in air transportation (or in air commerce, in the case of a commercial operator) and the public interest allows the amendment; or (2) Under section 609 of the Federal Aviation Act of 1958 (49 U.S.C. 1429) and Part 13 of this chapter, if the Administrator determines that safety in air transportation (or in air commerce, in the case of a commercial operator) and the public interest requires the amendment. (b) An applicant for an amendment to an operating certificate must file its application with the Flight Standards District Office at least 15 days before the proposed effective date of that amendment, unless a shorter filing period is allowed by that office. (c) At any time within 30 days after refusal of the Flight Standards District Office to approve an application for amendment, the holder may petition the Director, Flight Standards Service, to reconsider the refusal. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-150, 43 FR 52205, Nov. 9, 1978; Amdt. 121-163, 45 FR 47838, July 17, 1980; Amdt. 121- 207, 54 FR 39293, Sept. 25, 1989] Sec. 121.79 Amendment of operations specifications. (a) The FAA Flight Standards District Office charged with the overall inspection of the certificate holder's operations may amend any operations specifications issued under this Part, except those that are a part of the air carrier operating certificate-- (1) Upon application by the holder, if the Flight Standards District Office determines that safety in air transportation (or in air commerce, in the case of a commercial operator) and the public interest allows the amendment; or (2) If the Flight Standards District Office determines that safety in air transportation (or in air commerce, in the case of a commercial operator) and the public interest requires the amendment. (b) In the case of an amendment under paragraph (a)(2) of this section, the Flight Standards District Office notifies the holder, in writing, of the proposed amendment, fixing a reasonable period (but not less than seven days) within which the holder may submit written information, views, and arguments on the amendment. After considering all relevant material presented, the Flight Standards District Office notifies the holder of any amendment adopted, or rescinds the notice. The amendment becomes effective not less than 30 days after the holder receives notice of it, unless the holder petitions the Director, Flight Standards Service for amendments pertaining to flight operations to reconsider the amendment, in which case its effective date is stayed pending a decision by the Director. If the Flight Standards District Office finds that there is an emergency requiring immediate action with respect to safety in air transportation, that makes the procedure in this paragraph impracticable or contrary to the public interest, it may issue an amendment, effective without stay, on the date the holder receives notice of it. In such a case, the Flight Standards District Office incorporates the finding, and a brief statement of the reasons for it, in the notice of the amended operations specifications to be adopted. (c) An applicant must file his application for an amendment of operations specifications with the Flight Standards District Office at least 15 days before the date that it proposes for the amendment to become effective, unless a shorter filing period is allowed by that office. (d) Within 30 days after receiving from the Flight Standards District Office a notice of refusal to approve the application for amendment, the applicant may petition the Director, Flight Standards Service for amendments pertaining to flight operations to reconsider the refusal to amend. (e) Airport and route authorizations may be amended under Sec. 121.77. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-150, 43 FR 52205, Nov. 9, 1978; Amdt. 121-163, 45 FR 47838, July 17, 1980; Amdt. 121- 207, 54 FR 39293, Sept. 25, 1989] Sec. 121.81 Inspection authority. (a) Each certificate holder shall allow the Administrator, at any time or place, to make any inspections or tests to determine its compliance with the Federal Aviation Act of 1958, the Federal Aviation Regulations, its operating certificate and operations specifications, or its eligibility to continue to hold its certificate. (b) In the case of a supplemental air carrier or commercial operator, these inspections and tests include inspections and tests of financial books and records, except that the Administrator does not exercise this authority with respect to the financial books and records of a supplemental air carrier if the information sought can be obtained from the Civil Aeronautics Board. Sec. 121.83 Change of address. Each certificate holder shall notify the FAA Flight Standards District Office charged with the overall inspection of its operations, in writing, at least 30 days in advance, of any change in the address of its principal business office, its principal operations base, or its principal maintenance base. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Subpart E--Approval of Routes: Domestic and Flag Air Carriers Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless otherwise noted. Sec. 121.91 Applicability. This subpart prescribes rules for obtaining approval of routes by domestic or flag air carriers. Sec. 121.93 Route requirements: General. (a) Each domestic or flag air carrier seeking a route approval must show-- (1) That it is able to conduct satisfactorily scheduled operations between each regular, provisional, and refueling airport over that route or route segment; and (2) That the facilities and services required by Secs. 121.97 through 121.107 are available and adequate for the proposed operation. The Administrator approves a route outside of controlled airspace if he determines that traffic density is such that an adequate level of safety can be assured. (b) Paragraph (a) of this section does not require actual flight over a route or route segment if the air carrier shows that the flight is not essential to safety, considering the availability and adequacy of airports, lighting, maintenance, communication, navigation, fueling, ground, and airplane radio facilities, and the ability of the personnel to be used in the proposed operation. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 19, 1965] Sec. 121.95 Route width. (a) Approved routes and route segments over U.S. Federal airways or foreign airways (and advisory routes in the case of flag air carriers) have a width equal to the designated width of those airways or routes. Whenever the Administrator finds it necessary to determine the width of other approved routes, he considers the following: (1) Terrain clearance. (2) Minimum en route altitudes. (3) Ground and airborne navigation aids. (4) Air traffic density. (5) ATC procedures. (b) Any route widths of other approved routes determined by the Administrator are specified in the air carrier's operations specifications. Sec. 121.97 Airports: Required data. (a) Each domestic and flag air carrier must show that each route it submits for approval has enough airports that are properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communications aids, and ATC. (b) After September 9, 1981, each domestic and flag air carrier must show that it has an approved system for obtaining, maintaining, and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following: (1) Airports. (i) Facilities. (ii) Public protection. (iii) Navigational and communications aids. (iv) Construction affecting takeoff, landing, or ground operations. (v) Air traffic facilities. (2) Runways, clearways and stopways. (i) Dimensions. (ii) Surface. (iii) Marking and lighting systems. (iv) Elevation and gradient. (3) Displaced thresholds. (i) Location. (ii) Dimensions. (iii) Takeoff or landing or both. (4) Obstacles. (i) Those affecting takeoff and landing performance computations in accordance with Subpart I of this part. (ii) Controlling obstacles. (5) Instrument flight procedures. (i) Departure procedure. (ii) Approach procedure. (iii) Missed approach procedure. (6) Special information. (i) Runway visual range measurement equipment. (ii) Prevailing winds under low visibility conditions. (c) If the Flight Standards District Office charged with the overall inspection of the certificate holder's operations finds that revisions are necessary for the continued adequacy of the certificate holder's system for collection, dissemination, and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the Flight Standards District Office, make those revisions in the system. Within 30 days after the certificate holder receives such notice, the certificate holder may file a petition to reconsider the notice with the Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Director, Flight Standards Service. However, if the Flight Standards District Office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Director, Flight Standards Service may, upon statement of the reasons, require a change effective without stay. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.99 Communications facilities. Each domestic and flag air carrier must show that a two-way air/ground radio communication system 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. For all domestic air carrier operations and for flag air carrier operations in the 48 contiguous States and the District of Columbia, the communications systems between each airplane and the dispatch office must be independent of any system operated by the United States. Sec. 121.101 Weather reporting facilities. (a) Each domestic and flag air carrier must show that enough weather reporting services are available along each route to ensure weather reports and forecasts necessary for the operation. (b) Except as provided in pararaph (d) of this section, no domestic or flag air carrier may use any weather report to control flight unless-- (1) For operations within the 48 contiguous States and the District of Columbia, it was prepared by the U.S. National Weather Service or a source approved by the U.S. National Weather Service; or (2) For operations conducted outside the 48 contiguous States and the District of Columbia, it was prepared by a source approved by the Administrator. (c) Each domestic or flag air carrier that uses forecasts to control flight movements shall use forecasts prepared from weather reports specified in paragraph (b) of this section and from any source approved under its system adopted pursuant to paragraph (d) of this section. (d) By December 31, 1977, each domestic and flag air carrier shall adopt and put into use an approved system for obtaining forecasts and reports of adverse weather phenomena, such as clear air turbulence, thunderstorms, and low altitude wind shear, that may affect safety of flight on each route to be flown and at each airport to be used. (e) A domestic or flag air carrier may obtain an extension of the December 31, 1977, compliance date specified in paragraph (d) of this section and paragraphs (b) and (c) of Sec. 121.601, but not beyond June 30, 1978, from the Director, Flight Standards Service if, before December 31, 1977-- (1) It shows that due to circumstances beyond its control it cannot comply by that date; and (2) It has submitted by that date a schedule for compliance, acceptable to the Director, indicating that compliance will be achieved at the earliest practicable date. [Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27, 36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977] Sec. 121.103 En route navigational facilities. (a) Except as provided in paragraph (b) of this section, each domestic and flag air carrier must show, for each proposed route, that nonvisual ground aids are-- (1) Available over the route for navigating aircraft within the degree of accuracy required for ATC; and (2) Located to allow navigation to any regular, provisional, refueling, or alternate airport, within the degree of accuracy necessary for the operation involved. Except for those aids required for routes to alternate airports, nonvisual ground aids required for approval of routes outside of controlled airspace are listed in the air carrier's operations specifications. (b) Nonvisual ground aids are not required for-- (1) Day VFR operations that the air carrier shows can be conducted safely by pilotage because of the characteristics of the terrain; (2) Night VFR operations on routes that the air carrier shows have reliably lighted landmarks adequate for safe operation; and (3) Operations on route segments where the use of celestial or other specialized means of navigation is approved by the Administrator. Sec. 121.105 Servicing and maintenance facilities. Each domestic and flag air carrier must show that competent personnel and adequate facilities and equipment (including spare parts, supplies, and materials) are available at such points along the air carrier's route as are necessary for the proper servicing, maintenance, and preventive maintenance of airplanes and auxiliary equipment. Sec. 121.107 Dispatch centers. Each domestic and flag air carrier must show that it has enough dispatch centers, adequate for the operations to be conducted, that are located at points necessary to ensure proper operational control of each flight. Subpart F--Approval of Areas and Routes for Supplemental Air Carriers and Commercial Operators Source: Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless otherwise noted. Sec. 121.111 Applicability. This subpart prescribes rules for obtaining approval of areas and routes by supplemental air carriers and commercial operators. Sec. 121.113 Area and route requirements: General. (a) Each supplemental air carrier or commercial operator seeking route and area approval must show-- (1) That it is able to conduct operations within the United States in accordance with paragraphs (a) (3) and (4) of this section; (2) That it is able to conduct operations in accordance with the applicable requirements for each area outside the United States for which authorization is requested; (3) That it is equipped and able to conduct operations over, and use the navigational facilities associated with, the Federal airways, foreign airways, or advisory routes (ADR's) to be used; and (4) That it will conduct all IFR and night VFR operations over Federal airways, foreign airways, controlled airspace, or advisory routes (ADR's). (b) Notwithstanding paragraph (a)(4) of this section, the Administrator may approve a route outside of controlled airspace if the supplemental air carrier or commercial operator shows the route is safe for operations and the Administrator finds that traffic density is such that an adequate level of safety can be assured. The air carrier or commercial operator may not use such a route unless it is approved by the Administrator and is listed in the air carrier's or commercial operator's operations specifications. Sec. 121.115 Route width. (a) Routes and route segments over Federal airways, foreign airways, or advisory routes have a width equal to the designated width of those airways or advisory routes. Whenever the Administrator finds it necessary to determine the width of other routes, he considers the following: (1) Terrain clearance. (2) Minimum en route altitudes. (3) Ground and airborne navigation aids. (4) Air traffic density. (5) ATC procedures. (b) Any route widths of other routes determined by the Administrator are specified in the air carrier's or commercial operator's operations specifications. Sec. 121.117 Airports: Required data. (a) No supplemental air carrier or commercial operator may use any airport unless it is properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communications aids, and ATC. (b) After September 9, 1981, each supplemental air carrier and commercial operator must show that it has an approved system for obtaining, maintaining, and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following: (1) Airports. (i) Facilities. (ii) Public protection. (iii) Navigational and communications aids. (iv) Construction affecting takeoff, landing, or ground operations. (v) Air traffic facilities. (2) Runways, clearways, and stopways. (i) Dimensions. (ii) Surface. (iii) Marking and lighting systems. (iv) Elevation and gradient. (3) Displaced thresholds. (i) Location. (ii) Dimensions. (iii) Takeoff or landing or both. (4) Obstacles. (i) Those affecting takeoff and landing performance computations in accordance with Subpart I of this part. (ii) Controlling obstacles. (5) Instrument flight procedures. (i) Departure procedure. (ii) Approach procedure. (iii) Missed approach procedure. (6) Special information. (i) Runway visual range measurement equipment. (ii) Prevailing winds under low visibility conditions. (c) If the Flight Standards District Office charged with the overall inspection of the certificate holder's operations finds that revisions are necessary for the continued adequacy of the certificate holder's system for collection, dissemination, and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the Flight Standards District Office, make those revisions in the system. Within 30 days after the certificate holder receives such notice, the certificate holder may file a petition to reconsider the notice with the Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Director, Flight Standards Service. However, if the Flight Standards District Office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Director, Flight Standards Service may, upon a statement of the reasons, require a change effective without stay. [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.119 Weather reporting facilities. (a) No supplemental air carrier or commercial operator may use any weather report to control flight unless it was prepared and released by the U.S. National Weather Service or a source approved by the Weather Bureau. For operations outside the U.S., or at U.S. Military airports, where those reports are not available, the air carrier or commercial operator must show that its weather reports are prepared by a source found satisfactory by the Administrator. (b) Each supplemental air carrier or commercial operator that uses forecasts to control flight movements shall use forecasts prepared from weather reports specified in paragraph (a) of this section. [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 36 FR 13911, July 28, 1971] Sec. 121.121 En route navigational facilities. (a) Except as provided in paragraph (b) of this section, no supplemental air carrier or commercial operator may conduct any operation over a route unless nonvisual ground aids are-- (1) Available over the route for navigating airplanes within the degree of accuracy required for ATC; and (2) Located to allow navigation to any airport of destination, or alternate airport, within the degree of accuracy necessary for the operation involved. (b) Nonvisual ground aids are not required for-- (1) Day VFR operations that can be conducted safely by pilotage because of the characteristics of the terrain; (2) Night VFR operations on lighted airways or on routes that the Administrator determines have reliable landmarks adequate for safe operation; or (3) Operations on route segments where the use of celestial or other specialized means of navigation is approved. (c) Except for those aids required for routes to alternate airports, the nonvisual ground navigational aids that are required for approved of routes outside of controlled airspace are specified in the air carrier's or commercial operator's operations specifications. Sec. 121.123 Servicing and maintenance facilities. Each supplemental air carrier or commercial operator must show that competent personnel and adequate facilities and equipment (including spare parts, supplies, and materials) are available for the proper servicing, maintenance, and preventive maintenance of aircraft and auxiliary equipment. Sec. 121.125 Flight following system. (a) Each supplemental air carrier or commercial operator must show that it has-- (1) An approved flight following system established in accordance with Subpart U of this part and adequate for the proper monitoring of each flight, considering the operations to be conducted; and (2) Flight following centers located at those points necessary-- (i) To ensure the proper monitoring of the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops; and (ii) To ensure that the pilot in command is provided with all information necessary for the safety of the flight. (b) A supplemental air carrier or commercial operator may arrange to have flight following facilities provided by persons other than its employees, but in such a case the air carrier or commercial operator continues to be primarily responsible for operational control of each flight. (c) A flight following system need not provide for in-flight monitoring by a flight following center. (d) The supplemental air carrier's or commercial operator's operations specifications specify the flight following system it is authorized to use and the location of the centers. Sec. 121.127 Flight following system; requirements. (a) Each supplemental air carrier or commercial operator using a flight following system must show that-- (1) The system has adequate facilities and personnel to provide the information necessary for the initiation and safe conduct of each flight to-- (i) The flight crew of each aircraft; and (ii) The persons designated by the air carrier or commercial operator to perform the function of operational control of the aircraft; and (2) The system has a means of communication by private or available public facilities (such as telephone, telegraph, or radio) to monitor the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops. (b) The supplemental air carrier or commercial operator must show that the personnel specified in paragraph (a) of this section, and those it designates to perform the function of operational control of the aircraft, are able to perform their required duties. Subpart G--Manual Requirements Sec. 121.131 Applicability. This subpart prescribes requirements for preparing and maintaining manuals by all certificate holders. [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964] Sec. 121.133 Preparation. (a) Each domestic and flag air carrier shall prepare and keep current a manual for the use and guidance of flight and ground operations personnel in conducting its operations. (b) Each supplemental air carrier and commercial operator shall prepare and keep current a manual for the use and guidance of flight, ground operations, and management personnel in conducting its operations. (c) For the purpose of this subpart, the certificate holder may prepare that part of the manual containing maintenance information and instructions, in whole or in part, in printed page form or microfilm. [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR 17176, Nov. 7, 1970] Sec. 121.135 Contents. (a) Each manual required by Sec. 121.133 must-- (1) Include instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities with a high degree of safety; (2) Be in a form that is easy to revise; (3) Have the date of last revision on each page concerned; and (4) Not be contrary to any applicable Federal regulation and, in the case of a flag or supplemental air carrier, any applicable foreign regulation, or the certificate holder's operations specifications or operating certificate. (b) The manual may be in two or more separate parts, containing together all of the following information, but each part must contain that part of the information that is appropriate for each group of personnel: (1) General policies. (2) Duties and responsibilities of each crewmember and appropriate members of the ground organization and in the case of supplemental air carriers and commercial operators, management personnel. (3) Reference to appropriate Federal Aviation Regulations. (4) Flight dispatching and operational control, including procedures for coordinated dispatch or flight control or flight following procedures, as applicable. (5) En route flight, navigation, and communication procedures, including procedures for the dispatch or release or continuance of flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route. (6) For domestic or flag air carriers, appropriate information from the en route operations specifications, including for each approved route the types of aircraft authorized, the type of operation such as VFR, IFR, day, night, etc., and any other pertinent information. (7) For supplemental air carriers or commercial operators, appropriate information from the operations specifications, including the area of operations authorized, the types of aircraft authorized, the type of operation such as VFR, IFR, day, night, etc., and any other pertinent information. (8) Appropriate information from the airport operations specifications, including for each airport-- (i) Its location (domestic and flag air carrier operations only); (ii) Its designation (regular, alternate, provisional, etc.) (domestic and flag air carrier operations only); (iii) The types of aircraft authorized (domestic and flag air carrier operations only); (iv) Instrument approach procedures; (v) Landing and takeoff minimums; and (vi) Any other pertinent information. (9) Takeoff, en route, and landing weight limitations. (10) Procedures for familiarizing passengers with the use of emergency equipment, during flight. (11) Emergency equipment and procedures. (12) The method of designating succession of command of flight crewmembers. (13) Procedures for determining the usability of landing and takeoff areas, and for disseminating pertinent information thereon to operations personnel. (14) Procedures for operating in periods of ice, hail, thunderstorms, turbulence, or any potentially hazardous meteorological condition. (15) Airman training programs, including appropriate ground, flight, and emergency phases. (16) Instructions and procedures for maintenance, preventive maintenance, and servicing. (17) Time limitations, or standards for determining time limitations, for overhauls, inspections, and checks of airframes, engines, propellers, appliances and emergency equipment. (18) Procedures for refueling aircraft, eliminating fuel contamination, protection from fire (including electrostatic protection), and supervising and protecting passengers during refueling. (19) Airworthiness inspections, including instructions covering procedures, standards, responsibilities, and authority of inspection personnel. (20) Methods and procedures for maintaining the aircraft weight and center of gravity within approved limits. (21) Where applicable, pilot and dispatcher route and airport qualification procedures. (22) Accident notification procedures. (23) After December 9, 1980, procedures and information to assist personnel to identify packages marked or labeled as containing hazardous materials and, if these materials are to be carried, stored, or handled, procedures and instructions relating to the carriage, storage, or handling of hazardous materials, including the following: (i) Procedures for determining the proper shipper certification required by 49 CFR Subchapter C, proper packaging, marking, labeling, shipping documents, compatibility of materials, and instructions on the loading, storage, and handling. (ii) Notification procedures for reporting hazardous material incidents as required by 49 CFR Subchapter C. (iii) Instructions and procedures for the notification of the pilot in command when there are hazardous materials aboard, as required by 49 CFR Subchapter C. (24) Other information or instructions relating to safety. (c) Each certificate holder shall maintain at least one complete copy of the manual at its principal operations base. [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; Amdt. 121- 143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, July 10, 1980] Sec. 121.137 Distribution and availability. (a) Each certificate holder shall furnish copies of the manual required by Sec. 121.133 (and the changes and additions thereto) or appropriate parts of the manual to-- (1) Its appropriate ground operations and maintenance personnel; (2) Crewmembers; and (3) Representatives of the Administrator assigned to it. (b) Each person to whom a manual or appropriate parts of it are furnished under paragraph (a) of this section shall keep it up-to-date with the changes and additions furnished to that person and shall have the manual or appropriate parts of it accessible when performing assigned duties. (c) For the purpose of complying with paragraph (a) of this section, a certificate holder may furnish the persons listed therein the maintenance part of the manual in microfilm form if it also furnishes and maintains a reading device that provides a legible facsimile image of the microfilmed maintenance information and instructions. [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR 17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10, 1980] Sec. 121.139 Requirement for manual aboard aircraft: Supplemental air carriers and commercial operators. (a) Except as provided in paragraph (b) of this section, each supplemental air carrier and commercial operator shall carry appropriate parts of the manual on each aircraft when away from the principal base. The appropriate parts must be available for use of ground or flight personnel. If a supplemental air carrier or commercial operator carries aboard an aircraft all or any portion of the maintenance part of its manual in microfilm it must also carry a reading device that provides a legible facsimile image of the microfilmed maintenance information and instructions. (b) If a supplemental air carrier or commercial operator is able to perform all scheduled maintenance at specified stations where it keeps maintenance parts of the manual, it does not have to carry those parts of the manual aboard the aircraft en route to those stations. [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR 17176, Nov. 7, 1970] Sec. 121.141 Airplane or rotorcraft flight manual. (a) Each certificate holder shall keep a current approved airplane or rotorcraft flight manual for each type of transport category aircraft that it operates. (b) In each transport-category aircraft, the certificate holder shall carry either the manual required by Sec. 121.133, if it contains the information required for the applicable flight manual and this information is clearly identified as flight manual requirements, or an approved Airplane or Rotorcraft Flight Manual. If the certificate holder elects to carry the manual required by Sec. 121.133, he may revise the operating procedures sections and modity the presentation of performance data from the applicable flight manual if the revised operating procedures and modified performance date presentation are-- (1) Approved by the Administrator; and (2) Clearly identified as airplane or rotorcraft flight manual requirements. [Amdt. 121-97, 37 FR 20024, Sept. 23, 1972, as amended by Amdt. 121-138, 43 FR 2328, Jan. 16, 1978] Subpart H--Aircraft Requirements Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless otherwise noted. Sec. 121.151 Applicability. This subpart prescribes aircraft requirements for all certificate holders. Sec. 121.153 Aircraft requirements: General. (a) Except as provided in paragraph (c) of this section, no certificate holder may operate an aircraft unless that aircraft-- (1) Is registered as a civil aircraft of the United States and carries an appropriate current airworthiness certificate issued under this chapter; and (2) Is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment. (b) A certificate holder may use an approved weight and balance control system based on average, assumed, or estimated weight to comply with applicable airworthiness requirements and operating limitations. (c) A certificate holder may operate in common carriage, and for the carriage of mail, a civil aircraft which is leased or chartered to it without crew and is registered in a country which is a party to the Convention on International Civil Aviation if-- (1) The aircraft carries an appropriate airworthiness certificate issued by the country of registration and meets the registration and identification requirements of that country; (2) The aircraft is of a type design which is approved under a U.S. type certificate and complies with all of the requirements of this chapter (14 CFR Chapter 1) that would be applicable to that aircraft were it registered in the United States, including the requirements which must be met for issuance of a U.S. standard airworthiness certificate (including type design conformity, condition for safe operation, and the noise, fuel venting, and engine emission requirements of this chapter), except that a U.S. registration certificate and a U.S. standard airworthiness certificate will not be issued for the aircraft; (3) The aircraft is operated by U.S.-certificated airmen employed by the certificate holder; and (4) The certificate holder files a copy of the aircraft lease or charter agreement with the FAA Aircraft Registry, Department of Transportation, 6400 South MacArthur Boulevard, Oklahoma City, Oklahoma (Mailing address: P.O. Box 25504, Oklahoma City, Oklahoma 73125). [Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 45 FR 68649, Oct. 16, 1980] Sec. 121.155 [Reserved] Sec. 121.157 Aircraft certification and equipment requirements. (a) Airplanes certificated before July 1, 1942. No certificate holder may operate an airplane that was type certificated before July 1, 1942, unless-- (1) That airplane meets the requirements of Sec. 121.173(c), or (2) That airplane and all other airplanes of the same or related type operated by that certificate holder meet the performance requirements of sections 4a.737-T through 4a.750-T of the Civil Air Regulations as in effect on January 31, 1965; or Secs. 25.45 through 25.75 and Sec. 121.173(a), (b), (d), and (e) of this title. (b) Airplanes certificated after June 30, 1942. Except as provided in paragraphs (c) and (d) of this section, no certificate holder may operate an airplane that was type certificated after June 30, 1942, unless it is certificated as a transport category airplane and meets the requirements of Sec. 121.173 (a), (b), (d), and (e). (c) C-46 type airplanes: passenger-carrying operations. No certificate holder may operate a C-46 airplane in passenger-carrying operations unless that airplane is operated in accordance with the operating limitations for transport category airplanes and meets the requirements of paragraph (b) of this section or meets the requirements of Part 4b, as in effect July 20, 1950, and the requirements of Sec. 121.173 (a), (b), (d) and (e), except that-- (1) The requirements of sections 4b.0 through 4b.19 as in effect May 18, 1954, must be complied with; (2) The birdproof windshield requirements of section 4b.352 need not be complied with; (3) The provisions of sections 4b.480 through 4b.490 (except sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be complied with; and (4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 1950, must be complied with. In determining the takeoff path in accordance with section 4b.116 and the one-engine inoperative climb in accordance with section 4b.120 (a) and (b), the propeller of the inoperative engine may be assumed to be feathered if the airplane is equipped with either an approved means for automatically indicating when the particular engine has failed or an approved means for automatically feathering the propeller of the inoperative engine. The Administrator may authorize deviations from compliance with the requirements of sections 4b.130 through 4b.190 and Subparts C, D, E, and F of Part 4b (as designated in this paragraph) if he finds that (considering the effect of design changes) compliance is extremely difficult to accomplish and that service experience with the C-46 airplane justifies the deviation. (d) C-46 type airplanes: cargo operations. No certificate holder may use a nontransport category C-46 type airplane in cargo operations unless-- (1) It is certificated at a maximum gross weight that is not greater than 48,000 pounds; (2) It meets the requirements of Secs. 121.199 through 121.205 using the performance data in Appendix C to this part; (3) Before each flight, each engine contains at least 25 gallons of oil; and (4) After December 31, 1964-- (i) It is powered by a type and model engine as set forth in Appendix C of this part, when certificated at a maximum gross takeoff weight greater than 45,000 pounds; and (ii) It complies with the special airworthiness requirement set forth in Secs. 121.213 through 121.287 of this part or in Appendix C of this part. (e) Helicopters. No supplemental air carrier or commercial operator may operate a helicopter unless it is operated, certificated, and equipped in accordance with Secs. 127.71 through 127.125. Sec. 121.159 Single-engine airplanes prohibited. Except as provided in Sec. 121.9, no certificate holder may operate a single-engine airplane. Sec. 121.161 Airplane limitations: Type of route. (a) Unless authorized by the Administrator, based on the character of the terrain, the kind of operation, or the performance of the airplane to be used, no certificate holder may operate two-engine or three-engine airplanes (except a three-engine turbine powered airplane) over a route that contains a point farther than 1 hour flying time (in still air at normal cruising speed with one engine inoperative) from an adequate airport. (b) No certificate holder may operate a land airplane (other than a DC-3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an extended overwater operation unless it is certificated or approved as adequate for ditching under the ditching provisions of Part 25 of this chapter. [Amdt. 121-22, 31 FR 13078, Oct. 8, 1966 and Amdt. 121-162, 45 FR 46739, July 10, 1980] Sec. 121.163 Aircraft proving tests. (a) No domestic or flag air carrier may operate an aircraft not before proven for use in scheduled air carrier operations, and no supplemental air carrier or commercial operator may operate an aircraft not before proven for use in air carrier or commercial operator operations, unless an aircraft of that type has had, in addition to the aircraft certification tests, at least 100 hours of proving tests acceptable to the Administrator, including a representative number of flights into en route airports. The requirement for at least 100 hours of proving tests may be reduced by the Administrator if the Administrator determines that a satisfactory level of proficiency has been demonstrated to justify the reduction. At least 10 hours of proving tests must be flown at night. (b) A certificate holder may not operate an aircraft of a type that has been proven for use in its class of operation if it has not previously proved that type, or if that aircraft has been materially altered in design, unless-- (1) The aircraft has had at least 50 hours of tests acceptable to the Administrator, including a representative number of flights into enroute airports; or (2) The Administrator specifically authorizes deviations when special circumstances make full compliance with this paragraph unnecessary in a particular case. (c) A supplemental air carrier or commercial operator may operate a helicopter that has not before been proven for use in supplemental air carrier or commercial operator operations if the helicopter has been used extensively in the services of the armed forces and meets the requirements of paragraph (b) of this section. (d) For the purposes of paragraph (b) of this section, a type of aircraft is considered to be materially altered in design if the alterations include-- (1) The installation of powerplants other than those of a type similar to those with which it is certificated; or (2) Alterations to the aircraft or its components that materially affect flight characteristics. (e) No certificate holder may carry passengers in an aircraft during proving tests, except for those needed to make the test and those designated by the Administrator. However, it may carry mail, express, or other cargo, when approved. [Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-42, 33 FR 10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121-162, 45 FR 46739, July 10, 1980] Subpart I--Airplane Performance Operating Limitations Source: Docket No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, unless otherwise noted. Sec. 121.171 Applicability. (a) This subpart prescribes airplane performance operating limitations for all certificate holders. (b) For purposes of this part, "effective length of the runway" for landing means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway to the far end thereof. (c) For the purposes of this subpart, "obstruction clearance plane" means a plane sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a specified area surrounding the runway as shown in a profile view of that area. In the plan view, the centerline of the specified area coincides with the centerline of the runway, beginning at the point where the obstruction clearance plane intersects the centerline of the runway and proceeding to a point at least 1,500 feet from the beginning point. Thereafter the centerline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or, where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 4,000 foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. This area extends laterally 200 feet on each side of the centerline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 500 feet on each side of the centerline at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter it extends laterally 500 feet on each side of the centerline. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976] Sec. 121.173 General. (a) Each certificate holder operating a reciprocating engine powered transport category airplane shall comply with Secs. 121.175 through 121.187. (b) Each certificate holder operating a turbine engine powered transport category airplane shall comply with applicable provisions of Secs. 121.189 through 121.197, except that when it operates a turbo-propeller powered transport category airplane certificated after August 29, 1959, but previously type certificated with the same number of reciprocating engines, it may comply with Secs. 121.175 through 121.187. (c) Each certificate holder operating a large nontransport category airplane shall comply with Secs. 121.199 through 121.205 and any determination of compliance must be based only on approved performance data. (d) The performance data in the Airplane Flight Manual applies in determining compliance with Secs. 121.175 through 121.197. Where conditions are different from those on which the performance data is based, compliance is determined by interpolation or by computing the effects of changes in the specific variables if the results of the interpolation or computations are substantially as accurate as the results of direct tests. (e) No person may take off a reciprocating engine powered transport category airplane at a weight that is more than the allowable weight for the runway being used (determined under the runway takeoff limitations of the transport category operating rules of this part) after taking into account the temperature operating correction factors in section 4a.749a-T or section 4b.117 of the Civil Air Regulations as in effect on January 31, 1965, and set forth in the applicable Airplane Flight Manual. (f) The Administrator may authorize in the operations specifications deviations from the requirements in the subpart if special circumstances make a literal observance of a requirement unnecessary for safety. (g) The ten-mile width specified in Secs. 121.179 through 121.183 may be reduced to five miles, for not more than 20 miles, when operating VFR or where navigation facilities furnish reliable and accurate identification of high ground and obstructions located outside of five miles, but within ten miles, on each side of the intended track. Sec. 121.175 Transport category airplanes: reciprocating engine powered: Weight limitations. (a) No person may take off a reciprocating engine powered transport category airplane from an airport located at an elevation outside of the range for which maximum takeoff weights have been determined for that airplane. (b) No person may take off a reciprocating engine powered transport category airplane for an airport of intended destination that is located at an elevation outside of the range for which maximum landing weights have been determined for that airplane. (c) No person may specify, or have specified, an alternate airport that is located at an elevation outside of the range for which maximum landing weights have been determined for the reciprocating engine powered transport category airplane concerned. (d) No person may take off a reciprocating engine powered transport category airplane at a weight more than the maximum authorized takeoff weight for the elevation of the airport. (e) No person may take off a reciprocating engine powered transport category airplane if its weight on arrival at the airport of destination will be more than the maximum authorized landing weight for the elevation of that airport, allowing for normal consumption of fuel and oil en route. Sec. 121.177 Transport category airplanes: Reciprocating engine powered: Takeoff limitations. (a) No person operating a reciprocating engine powered transport category airplane may takeoff that airplane unless it is possible-- (1) To stop the airplane safely on the runway, as shown by the accelerate stop distance data, at any time during takeoff until reaching critical-engine failure speed; (2) If the critical engine fails at any time after the airplane reaches critical-engine failure speed V1, to continue the takeoff and reach a height of 50 feet, as indicated by the takeoff path data, before passing over the end of the runway; and (3) To clear all obstacles either by at least 50 feet vertically (as shown by the takeoff path data) or 200 feet horizontally within the airport boundaries and 300 feet horizontally beyond the boundaries, without banking before reaching a height of 50 feet (as shown by the takeoff path data) and thereafter without banking more than 15 degrees. (b) In applying this section, corrections must be made for the effective runway gradient. To allow for wind effect, takeoff data based on still air may be corrected by taking into account not more than 50 percent of any reported headwind component and not less than 150 percent of any reported tailwind component. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159, 45 FR 41593, June 19, 1980] Sec. 121.179 Transport category airplanes: reciprocating engine powered: En route limitations: all engines operating. (a) No person operating a reciprocating engine powered transport category airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that does not allow a rate of climb (in feet per minute), with all engines operating, of at least 6.90 VSo (that is, the number of feet per minute is obtained by multiplying the number of knots by 6.90) at an altitude of at least 1,000 feet above the highest ground or obstruction within ten miles of each side of the intended track. (b) This section does not apply to transport category airplanes certificated under Part 4a of the Civil Air Regulations. Sec. 121.181 Transport category airplanes: Reciprocating engine powered: En route limitations: One engine inoperative. (a) Except as provided in paragraph (b) of this section, no person operating a reciprocating engine powered transport category airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that does not allow a rate of climb (in feet per minute), with one engine inoperative, of at least 0.079-(0.106/N)VSo 2 (where N is the number of engines installed and VSo is expressed in knots) at an altitude of at least 1,000 feet above the highest ground or obstruction within 10 miles of each side of the intended track. However, for the purposes of this paragraph the rate of climb for transport category airplanes certificated under Part 4a of the Civil Air Regulations is 0.026 VSo 2 . (b) In place of the requirements of paragraph (a) of this section, a person may, under an approved procedure, operate a reciprocating engine powered transport category airplane, at an all-engines-operating altitude that allows the airplane to continue, after an engine failure, to an alternate airport where a landing can be made in accordance with Sec. 121.187, allowing for normal consumption of fuel and oil. After the assumed failure, the flight path must clear the ground and any obstruction within five miles on each side of the intended track by at least 2,000 feet. (c) If an approved procedure under paragraph (b) of this section is used, the certificate holder shall comply with the following: (1) The rate of climb (as prescribed in the Airplane Flight Manual for the appropriate weight and altitude) used in calculating the airplane's flight path shall be diminished by an amount, in feet per minute, equal to 0.079-(0.106/N)VSo 2 (when N is the number of engines installed and VSo is expressed in knots) for airplanes certificated under Part 25 of this chapter and by 0.026 VSo 2 for airplanes certificated under Part 4a of the Civil Air Regulations. (2) The all-engines-operating altitude shall be sufficient so that in the event the critical engine becomes inoperative at any point along the route, the flight will be able to proceed to a predetermined alternate airport by use of this procedure. In determining the takeoff weight, the airplane is assumed to pass over the critical obstruction following engine failure at a point no closer to the critical obstruction than the nearest approved radio navigational fix, unless the Administrator approves a procedure established on a different basis upon finding that adequate operational safeguards exist. (3) The airplane must meet the provisions of paragraph (a) of this section at 1,000 feet above the airport used as an alternate in this procedure. (4) The procedure must include an approved method of accounting for winds and temperatures that would otherwise adversely affect the flight path. (5) In complying with this procedure fuel jettisoning is allowed if the certificate holder shows that it has an adequate training program, that proper instructions are given to the flight crew, and all other precautions are taken to insure a safe procedure. (6) The certificate holder shall specify in the dispatch or flight release an alternate airport that meets the requirements of Sec. 121.625. Sec. 121.183 Part 25 transport category airplanes with four or more engines: Reciprocating engine powered: En route limitations: Two engines inoperative. (a) No person may operate an airplane certificated under Part 25 and having four or more engines unless-- (1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of Sec. 121.187; or (2) It is operated at a weight allowing the airplane, with the two critical engines inoperative, to climb at 0.013 VSo 2 feet per minute (that is, the number of feet per minute is obtained by multiplying the number of knots squared by 0.013) at an altitude of 1,000 feet above the highest ground or obstruction within 10 miles on each side of the intended track, or at an altitude of 5,000 feet, whichever is higher. (b) For the purposes of paragraph (a)(2) of this section, it is assumed that-- (1) The two engines fail at the point that is most critical with respect to the takeoff weight: (2) Consumption of fuel and oil is normal with all engines operating up to the point where the two engines fail and with two engines operating beyond that point; (3) Where the engines are assumed to fail at an altitude above the prescribed minimum altitude, compliance with the prescribed rate of climb at the prescribed minimum altitude need not be shown during the descent from the cruising altitude to the prescribed minimum altitude, if those requirements can be met once the prescribed minimum altitude is reached, and assuming descent to be along a net flight path and the rate of descent to be 0.013 VSo 2 greater than the rate in the approved performance data; and (4) If fuel jettisoning is provided, the airplane's weight at the point where the two engines fail is considered to be not less than that which would include enough fuel to proceed to an airport meeting the requirements of Sec. 121.187 and to arrive at an altitude of at least 1,000 feet directly over that airport. Sec. 121.185 Transport category airplanes: Reciprocating engine powered: Landing limitations: Destination airport. (a) Except as provided in paragraph (b) of this section no person operating a reciprocating engine powered transport category airplane may take off that airplane, unless its weight on arrival, allowing for normal consumption of fuel and oil in flight, would allow a full stop landing at the intended destination within 60 percent of the effective length of each runway described below from a point 50 feet directly above the intersection of the obstruction clearance plane and the runway. For the purposes of determining the allowable landing weight at the destination airport the following is assumed: (1) The airplane is landed on the most favorable runway and in the most favorable direction in still air. (2) The airplane is landed on the most suitable runway considering the probable wind velocity and direction (forecast for the expected time of arrival), the ground handling characteristics of the type of airplane, and other conditions such as landing aids and terrain, and allowing for the effect of the landing path and roll of not more than 50 percent of the headwind component or not less than 150 percent of the tailwind component. (b) An airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (a)(2) of this section may be taken off if an alternate airport is specified that meets all of the requirements of this section except that the airplane can accomplish a full stop landing within 70 percent of the effective length of the runway. Sec. 121.187 Transport category airplanes: Reciprocating engine powered: Landing limitations: Alternate airport. No person may list an airport as an alternate airport in a dispatch or flight release unless the airplane (at the weight anticipated at the time of arrival at the airport), based on the assumptions in Sec. 121.185, can be brought to a full stop landing, within 70 percent of the effective length of the runway. Sec. 121.189 Transport category airplanes: Turbine engine powered; takeoff limitations. (a) No person operating a turbine engine powered transport category airplane may take off that airplane at a weight greater than that listed in the Airplane Flight Manual for the elevation of the airport and for the ambient temperature existing at takeoff. (b) No person operating a turbine engine powered transport category airplane certificated after August 26, 1957, but before August 30, 1959 (SR422, 422A), may take off that airplane at a weight greater than that listed in the Airplane Flight Manual for the minimum distances required for takeoff. In the case of an airplane certificated after September 30, 1958 (SR422A, 422B), the takeoff distance may include a clearway distance but the clearway distance included may not be greater than 1/2 of the takeoff run. (c) No person operating a turbine engine powered transport category airplane certificated after August 29, 1959 (SR422B), may take off that airplane at a weight greater than that listed in the Airplane Flight Manual at which compliance with the following may be shown: (1) The accelerate-stop distance must not exceed the length of the runway plus the length of any stopway. (2) The takeoff distance must not exceed the length of the runway plus the length of any clearway except that the length of any clearway included must not be greater than one-half the length of the runway. (3) The takeoff run must not be greater than the length of the runway. (d) No person operating a turbine engine powered transport category airplane may take off that airplane at a weight greater than that listed in the Airplane Flight Manual-- (1) In the case of an airplane certificated after August 26, 1957, but before October 1, 1958 (SR422), that allows a takeoff path that clears all obstacles either by at least (35+0.01D) feet vertically (D is the distance along the intended flight path from the end of the runway in feet), or by at least 200 feet horizontally within the airport boundaries and by at least 300 feet horizontally after passing the boundaries; or (2) In the case of an airplane certificated after September 30, 1958 (SR 422A, 422B), that allows a net takeoff flight path that clears all obstacles either by a height of at least 35 feet vertically, or by at least 200 feet horizontally within the airport boundaries and by at least 300 feet horizontally after passing the boundaries. (e) In determining maximum weights, minimum distances and flight paths under paragraphs (a) through (d) of this section, correction must be made for the runway to be used, the elevation of the airport, the effective runway gradient, and the ambient temperature and wind component at the time of takeoff. (f) For the purposes of this section, it is assumed that the airplane is not banked before reaching a height of 50 feet, as shown by the takeoff path or net takeoff flight path data (as appropriate) in the Airplane Flight Manual, and thereafter that the maximum bank is not more than 15 degrees. (g) For the purposes of this section the terms, "takeoff distance," "takeoff run," "net takeoff flight path" and "takeoff path" have the same meanings as set forth in the rules under which the airplane was certificated. Sec. 121.191 Transport category airplanes: Turbine engine powered: En route limitations: One engine inoperative. (a) No person operating a turbine engine powered transport category airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that is greater than that which (under the approved, one engine inoperative, en route net flight path data in the Airplane Flight Manual for that airplane) will allow compliance with paragraph (a) (1) or (2) of this section, based on the ambient temperatures expected en route: (1) There is a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within five statute miles on each side of the intended track, and, in addition, if that airplane was certificated after August 29, 1959 (SR 422B) there is a positive slope at 1,500 feet above the airport where the airplane is assumed to land after an engine fails. (2) The net flight path allows the airplane to continue flight from the cruising altitude to an airport where a landing can be made under Sec. 121.197, clearing all terrain and obstructions within five statute miles of the intended track by at least 2,000 feet vertically and with a positive slope at 1,000 feet above the airport where the airplane lands after an engine fails, or, if that airplane was certificated after September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet above the airport where the airplane lands after an engine fails. (b) For the purposes of paragraph (a)(2) of this section, it is assumed that-- (1) The engine fails at the most critical point en route; (2) The airplane passes over the critical obstruction, after engine failure at a point that is no closer to the obstruction than the nearest approved radio navigation fix, unless the Administrator authorizes a different procedure based on adequate operational safeguards; (3) An approved method is used to allow for adverse winds: (4) Fuel jettisoning will be allowed if the certificate holder shows that the crew is properly instructed, that the training program is adequate, and that all other precautions are taken to insure a safe procedure; (5) The alternate airport is specified in the dispatch or flight release and meets the prescribed weather minimums; and (6) The consumption of fuel and oil after engine failure is the same as the consumption that is allowed for in the approved net flight path data in the Airplane Flight Manual. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-143, 43 FR 22641, May 25, 1978] Sec. 121.193 Transport category airplanes: Turbine engine powered: En route limitations: Two engines inoperative. (a) Airplanes certificated after August 26, 1957, but before October 1, 1958 (SR 422). No person may operate a turbine engine powered transport category airplane along an intended route unless he complies with either of the following: (1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of Sec. 121.197. (2) Its weight, according to the two-engine-inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of Sec. 121.197, with a net flight path (considering the ambient temperature anticipated along the track) having a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within five miles on each side of the intended track, or at an altitude of 5,000 feet, whichever is higher. For the purposes of paragraph (a)(2) of this section, it is assumed that the two engines fail at the most critical point en route, that if fuel jettisoning is provided, the airplane's weight at the point where the engines fail includes enough fuel to continue to the airport and to arrive at an altitude of at least 1,000 feet directly over the airport, and that the fuel and oil consumption after engine failure is the same as the consumption allowed for in the net flight path data in the Airplane Flight Manual. (b) Aircraft certificated after September 30, 1958, but before August 30, 1959 (SR 422A). No person may operate a turbine engine powered transport category airplane along an intended route unless he complies with either of the following: (1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of Sec. 121.197. (2) Its weight, according to the two-engine-inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of Sec. 121.197, with a net flight path (considering the ambient temperatures anticipated along the track) having a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within 5 miles on each side of the intended track, or at an altitude of 2,000 feet, whichever is higher. For the purposes of paragraph (b)(2) of this section, it is assumed that the two engines fail at the most critical point en route, that the airplane's weight at the point where the engines fail includes enough fuel to continue to the airport, to arrive at an altitude of at least 1,500 feet directly over the airport, and thereafter to fly for 15 minutes at cruise power or thrust, or both, and that the consumption of fuel and oil after engine failure is the same as the consumption allowed for in the net flight path data in the Airplane Flight Manual. (c) Aircraft certificated after August 29, 1959 (SR 422B). No person may operate a turbine engine powered transport category airplane along an intended route unless he complies with either of the following: (1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of Sec. 121.197. (2) Its weight, according to the two-engine inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of Sec. 121.197, with the net flight path (considering the ambient temperatures anticipated along the track) clearing vertically by at least 2,000 feet all terrain and obstructions within five statute miles (4.34 nautical miles) on each side of the intended track. For the purposes of this subparagraph, it is assumed that-- (i) The two engines fail at the most critical point en route; (ii) The net flight path has a positive slope at 1,500 feet above the airport where the landing is assumed to be made after the engines fail; (iii) Fuel jettisoning will be approved if the certificate holder shows that the crew is properly instructed, that the training program is adequate, and that all other precautions are taken to ensure a safe procedure; (iv) The airplane's weight at the point where the two engines are assumed to fail provides enough fuel to continue to the airport, to arrive at an altitude of at least 1,500 feet directly over the airport, and thereafter to fly for 15 minutes at cruise power or thrust, or both; and (v) The consumption of fuel and oil after the engine failure is the same as the consumption that is allowed for in the net flight path data in the Airplane Flight Manual. Sec. 121.195 Transport category airplanes: Turbine engine powered: Landing limitations: Destination airports. (a) No person operating a turbine engine powered transport category airplane may take off that airplane at such a weight that (allowing for normal consumption of fuel and oil in flight to the destination or alternate airport) the weight of the airplane on arrival would exceed the landing weight set forth in the Airplane Flight Manual for the elevation of the destination or alternate airport and the ambient temperature anticipated at the time of landing. (b) Except as provided in paragraph (c), (d), or (e) of this section, no person operating a turbine engine powered transport category airplane may take off that airplane unless its weight on arrival, allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance set forth in the Airplane Flight Manual for the elevation of the destination airport and the wind conditions anticipated there at the time of landing), would allow a full stop landing at the intended destination airport within 60 percent of the effective length of each runway described below from a point 50 feet above the intersection of the obstruction clearance plane and the runway. For the purpose of determining the allowable landing weight at the destination airport the following is assumed: (1) The airplane is landed on the most favorable runway and in the most favorable direction, in still air. (2) The airplane is landed on the most suitable runway considering the probable wind velocity and direction and the ground handling characteristics of the airplane, and considering other conditions such as landing aids and terrain. (c) A turbopropeller powered airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (b)(2) of this section, may be taken off if an alternate airport is specified that meets all the requirements of this section except that the airplane can accomplish a full stop landing within 70 percent of the effective length of the runway. (d) Unless, based on a showing of actual operating landing techniques on wet runways, a shorter landing distance (but never less than that required by paragraph (b) of this section) has been approved for a specific type and model airplane and included in the Airplane Flight Manual, no person may takeoff a turbojet powered airplane when the appropriate weather reports and forecasts, or a combination thereof, indicate that the runways at the destination airport may be wet or slippery at the estimated time of arrival unless the effective runway length at the destination airport is at least 115 percent of the runway length required under paragraph (b) of this section. (e) A turbojet powered airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (b)(2) of this section may be taken off if an alternate airport is specified that meets all the requirements of paragraph (b) of this section. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR 8572, July 7, 1965] Sec. 121.197 Transport category airplanes: Turbine engine powered: Landing limitations: Alternate airports. No person may list an airport as an alternate airport in a dispatch or flight release for a turbine engine powered transport category airplane unless (based on the assumptions in Sec. 121.195 (b)) that airplane at the weight anticipated at the time of arrival can be brought to a full stop landing within 70 percent of the effective length of the runway for turbopropeller powered airplanes and 60 percent of the effective length of the runway for turbojet powered airplanes, from a point 50 feet above the intersection of the obstruction clearance plane and the runway. In the case of an alternate airport for departure, as provided in Sec. 121.617, allowance may be made for fuel jettisoning in addition to normal consumption of fuel and oil when determining the weight anticipated at the time of arrival. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982] Sec. 121.198 Transport category cargo service airplanes: Increased zero fuel and landing weights. (a) Notwithstanding the applicable structural provisions of the transport category airworthiness regulations but subject to paragraphs (b) through (g) of this section, a certificate holder may operate (for cargo service only) any of the following transport category airplanes (certificated under Part 4b of the Civil Air Regulations effective before March 13, 1956) at increased zero fuel and landing weights-- (1) DC-6A, DC-6B, DC-7B, and DC-7C; and (2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in accordance with supplemental type certificate SA 4-1402. (b) The zero fuel weight (maximum weight of the airplane with no disposable fuel and oil) and the structural landing weight may be increased beyond the maximum approved in full compliance with applicable regulations only if the Administrator finds that-- (1) The increase is not likely to reduce seriously the structural strength; (2) The probability of sudden fatigue failure is not noticeably increased; (3) The flutter, deformation, and vibration characteristics do not fall below those required by applicable regulations; and (4) All other applicable weight limitations will be met. (c) No zero fuel weight may be increased by more than five percent, and the increase in the structural landing weight may not exceed the amount, in pounds, of the increase in zero fuel weight. (d) Each airplane must be inspected in accordance with the approved special inspection procedures, for operations at increased weights, established and issued by the manufacturer of the type of airplane. (e) Each airplane operated under this section must be operated in accordance with the passenger-carrying transport category performance operating limitations prescribed in this part. (f) The Airplane Flight Manual for each airplane operated under this section must be appropriately revised to include the operating limitations and information needed for operation at the increased weights. (g) Except as provided for the carrying of persons under Sec. 121.583 each airplane operated at an increased weight under this section must, before it is used in passenger service, be inspected under the special inspection procedures for return to passenger service established and issued by the manufacturer and approved by the Administrator. Sec. 121.199 Nontransport category airplanes: Takeoff limitations. (a) No person operating a nontransport category airplane may take off that airplane at a weight greater than the weight that would allow the airplane to be brought to a safe stop within the effective length of the runway, from any point during the takeoff before reaching 105 percent of minimum control speed (the minimum speed at which an airplane can be safely controlled in flight after an engine becomes inoperative) or 115 percent of the power off stalling speed in the takeoff configuration, whichever is greater. (b) For the purposes of this section-- (1) It may be assumed that takeoff power is used on all engines during the acceleration; (2) Not more than 50 percent of the reported headwind component, or not less than 150 percent of the reported tailwind component, may be taken into account; (3) The average runway gradient (the difference between the elevations of the endpoints of the runway divided by the total length) must be considered if it is more than one-half of 1 percent; (4) It is assumed that the airplane is operating in standard atmosphere; and (5) The "effective length of the runway" for takeoff means the distance from the end of the runway at which the takeoff is started to a point at which the obstruction clearance plane associated with the other end of the runway intersects the runway centerline. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976] Sec. 121.201 Nontransport category airplanes: En route limitations: One engine inoperative. (a) Except as provided in paragraph (b) of this section, no person operating a nontransport category airplane may take off that airplane at a weight that does not allow a rate of climb of at least 50 feet a minute, with the critical engine inoperative, at an altitude of at least 1,000 feet above the highest obstruction within five miles on each side of the intended track, or 5,000 feet, whichever is higher. (b) Notwithstanding paragraph (a) of this section, if the Administrator finds that safe operations are not impaired, a person may operate the airplane at an altitude that allows the airplane, in case of engine failure, to clear all obstructions within 5 miles on each side of the intended track by 1,000 feet. If this procedure is used, the rate of descent for the appropriate weight and altitude is assumed to be 50 feet a minute greater than the rate in the approved performance data. Before approving such a procedure, the Administrator considers the following for the route, route segment, or area concerned: (1) The reliability of wind and weather forecasting. (2) The location and kinds of navigation aids. (3) The prevailing weather conditions, particularly the frequency and amount of turbulence normally encountered. (4) Terrain features. (5) Air traffic control problems. (6) Any other operational factors that affect the operation. (c) For the purposes of this section, it is assumed that-- (1) The critical engine is inoperative; (2) The propeller of the inoperative engine is in the minimum drag position; (3) The wing flaps and landing gear are in the most favorable position; (4) The operating engines are operating at the maximum continuous power available; (5) The airplane is operating in standard atmosphere; and (6) The weight of the airplane is progressively reduced by the anticipated consumption of fuel and oil. Sec. 121.203 Nontransport category airplanes: Landing limitations: Destination airport. (a) No person operating a nontransport category airplane may take off that airplane at a weight that-- (1) Allowing for anticipated consumption of fuel and oil, is greater than the weight that would allow a full stop landing within 60 percent of the effective length of the most suitable runway at the destination airport; and (2) Is greater than the weight allowable if the landing is to be made on the runway-- (i) With the greatest effective length in still air; and (ii) Required by the probable wind, taking into account not more than 50 percent of the headwind component or not less than 150 percent of the tailwind component. (b) For the purposes of this section, it is assumed that-- (1) The airplane passes directly over the intersection of the obstruction clearance plane and the runway at a height of 50 feet in a steady gliding approach at a true indicated airspeed of at least 1.3 VSo; (2) The landing does not require exceptional pilot skill; and (3) The airplane is operating in standard atmosphere. Sec. 121.205 Nontransport category airplanes: Landing limitations: Alternate airport. No person may list an airport as an alternate airport in a dispatch or flight release for a nontransport category airplane unless that airplane (at the weight anticipated at the time of arrival) based on the assumptions contained in Sec. 121.203, can be brought to a full stop landing within 70 percent of the effective length of the runway. Sec. 121.207 Provisionally certificated air carrier airplane: Operating limitations. In addition to the limitations in Sec. 91.317, the following limitations apply to the operation of provisionally certificated airplane by air carriers: (a) In addition to crewmembers, each air carrier may carry on such an airplane only those persons who are listed in Sec. 121.547(c) or who are specifically authorized by both the air carrier and the Administrator. (b) Each air carrier shall keep a log of each flight conducted under this section and shall keep accurate and complete records of each inspection made and all maintenance performed on the airplane. The air carrier shall make the log and records made under this section available to the manufacturer and the Administrator. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-206, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, in Sec. 121.207 the introductory text was amended by changing the cross reference "Sec. 91.41" to read "Sec. 91.155", effective August 18, 1990. Subpart J--Special Airworthiness Requirements Source: Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless otherwise noted. Sec. 121.211 Applicability. This subpart prescribes special airworthiness requirements for all certificate holders. Sec. 121.213 Special airworthiness requirements: General. (a) Except as provided in paragraph (b) of this section, no air carrier or commercial operator may use an airplane powered by aircraft engines rated at more than 600 horsepower each for maximum continuous operation unless that airplane meets the requirements of Secs. 121.215 through 121.283. (b) If the Administrator determines that, for a particular model of airplane used in cargo service, literal compliance with any requirement under paragraph (a) of this section would be extremely difficult and that compliance would not contribute materially to the objective sought, he may require compliance with only those requirements that are necessary to accomplish the basic objectives of this part. (c) This section does not apply to any airplane certificated under-- (1) Part 4b of the Civil Air Regulations as in effect after October 31, 1946; (2) Part 25; or (3) Special Civil Air Regulation 422, 422A, or 422B. Sec. 121.215 Cabin interiors. (a) Except as provided in Sec. 121.312, each compartment used by the crew or passengers must meet the requirements of this section. (b) Materials must be at least flash resistant. (c) The wall and ceiling linings and the covering of upholstering, floors, and furnishings must be flame resistant. (d) Each compartment where smoking is to be allowed must be equipped with self-contained ash trays that are completely removable and other compartments must be placarded against smoking. (e) Each receptacle for used towels, papers, and wastes must be of fire- resistant material and must have a cover or other means of containing possible fires started in the receptacles. [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84, 37 FR 3974, Feb. 24, 1972] Sec. 121.217 Internal doors. In any case where internal doors are equipped with louvres or other ventilating means, there must be a means convenient to the crew for closing the flow of air through the door when necessary. Sec. 121.219 Ventilation. Each passenger or crew compartment must be suitably ventilated. Carbon monoxide concentration may not be more than one part in 20,000 parts of air, and fuel fumes may not be present. In any case where partitions between compartments have louvres or other means allowing air to flow between compartments, there must be a means convenient to the crew for closing the flow of air through the partitions, when necessary. Sec. 121.221 Fire precautions. (a) Each compartment must be designed so that, when used for storing cargo or baggage, it meets the following requirements: (1) No compartment may include controls, wiring, lines, equipment, or accessories that would upon damage or failure, affect the safe operation of the airplane unless the item is adequately shielded, isolated, or otherwise protected so that it cannot be damaged by movement of cargo in the compartment and so that damage to or failure of the item would not create a fire hazard in the compartment. (2) Cargo or baggage may not interfere with the functioning of the fire- protective features of the compartment. (3) Materials used in the construction of the compartments, including tie- down equipment, must be at least flame resistant. (4) Each compartment must include provisions for safeguarding against fires according to the classifications set forth in paragraphs (b) through (f) of this section. (b) Class A. Cargo and baggage compartments are classified in the "A" category if-- (1) A fire therein would be readily discernible to a member of the crew while at his station; and (2) All parts of the compartment are easily accessible in flight. There must be a hand fire extinguisher available for each Class A compartment. (c) Class B. Cargo and baggage compartments are classified in the "B" category if enough access is provided while in flight to enable a member of the crew to effectively reach all of the compartment and its contents with a hand fire extinguisher and the compartment is so designed that, when the access provisions are being used, no hazardous amount of smoke, flames, or extinguishing agent enters any compartment occupied by the crew or passengers. Each Class B compartment must comply with the following: (1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station. (2) There must be a hand fire extinguisher available for the compartment. (3) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used. (d) Class C. Cargo and baggage compartments are classified in the "C" category if they do not conform with the requirements for the "A", "B", "D", or "E" categories. Each Class C compartment must comply with the following: (1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station. (2) It must have an approved built-in fire-extinguishing system controlled from the pilot or flight engineer station. (3) It must be designed to exclude hazardous quantities of smoke, flames, or extinguishing agents from entering into any compartment occupied by the crew or passengers. (4) It must have ventilation and draft controlled so that the extinguishing agent provided can control any fire that may start in the compartment. (5) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used. (e) Class D. Cargo and baggage compartments are classified in the "D" category if they are so designed and constructed that a fire occurring therein will be completely confined without endangering the safety of the airplane or the occupants. Each Class D compartment must comply with the following: (1) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering any compartment occupied by the crew or passengers. (2) Ventilation and drafts must be controlled within each compartment so that any fire likely to occur in the compartment will not progress beyond safe limits. (3) It must be completely lined with fire-resistant material. (4) Consideration must be given to the effect of heat within the compartment on adjacent critical parts of the airplane. (f) Class E. On airplanes used for the carriage of cargo only, the cabin area may be classified as a Class "E" compartment. Each Class E compartment must comply with the following: (1) It must be completely lined with fire-resistant material. (2) It must have a separate system of an approved type smoke or fire detector to give warning at the pilot or flight engineer station. (3) It must have a means to shut off the ventilating air flow to or within the compartment and the controls for that means must be accessible to the flight crew in the crew compartment. (4) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering the flight crew compartment. (5) Required crew emergency exits must be accessible under all cargo loading conditions. Sec. 121.223 Proof of compliance with Sec. 121.221. Compliance with those provisions of Sec. 121.221 that refer to compartment accessibility, the entry of hazardous quantities of smoke or extinguishing agent into compartments occupied by the crew or passengers, and the dissipation of the extinguishing agent in Class "C" compartments must be shown by tests in flight. During these tests it must be shown that no inadvertent operation of smoke or fire detectors in other compartments within the airplane would occur as a result of fire contained in any one compartment, either during the time it is being extinguished, or thereafter, unless the extinguishing system floods those compartments simultaneously. Sec. 121.225 Propeller deicing fluid. If combustible fluid is used for propeller deicing, the certificate holder must comply with Sec. 121.255. Sec. 121.227 Pressure cross-feed arrangements. (a) Pressure cross-feed lines may not pass through parts of the airplane used for carrying persons or cargo unless-- (1) There is a means to allow crewmembers to shut off the supply of fuel to these lines; or (2) The lines are enclosed in a fuel and fume-proof enclosure that is ventilated and drained to the exterior of the airplane. However, such an enclosure need not be used if those lines incorporate no fittings on or within the personnel or cargo areas and are suitably routed or protected to prevent accidental damage. (b) Lines that can be isolated from the rest of the fuel system by valves at each end must incorporate provisions for relieving excessive pressures that may result from exposure of the isolated line to high temperatures. Sec. 121.229 Location of fuel tanks. (a) Fuel tanks must be located in accordance with Sec. 121.255. (b) No part of the engine nacelle skin that lies immediately behind a major air outlet from the engine compartment may be used as the wall of an integral tank. (c) Fuel tanks must be isolated from personnel compartments by means of fume- and fuel-proof enclosures. Sec. 121.231 Fuel system lines and fittings. (a) Fuel lines must be installed and supported so as to prevent excessive vibration and so as to be adequate to withstand loads due to fuel pressure and accelerated flight conditions. (b) Lines connected to components of the airplanes between which there may be relative motion must incorporate provisions for flexibility. (c) Flexible connections in lines that may be under pressure and subject to axial loading must use flexible hose assemblies rather than hose clamp connections. (d) Flexible hose must be of an acceptable type or proven suitable for the particular application. Sec. 121.233 Fuel lines and fittings in designated fire zones. Fuel lines and fittings in each designated fire zone must comply with Sec. 121.259. Sec. 121.235 Fuel valves. Each fuel valve must-- (a) Comply with Sec. 121.257; (b) Have positive stops or suitable index provisions in the "on" and "off" positions; and (c) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines connected to the valve. Sec. 121.237 Oil lines and fittings in designated fire zones. Oil line and fittings in each designated fire zone must comply with Sec. 121.259. Sec. 121.239 Oil valves. (a) Each oil valve must-- (1) Comply with Sec. 121.257; (2) Have positive stops or suitable index provisions in the "on" and "off" positions; and (3) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines attached to the valve. (b) The closing of an oil shutoff means must not prevent feathering the propeller, unless equivalent safety provisions are incorporated. Sec. 121.241 Oil system drains. Accessible drains incorporating either a manual or automatic means for positive locking in the closed position, must be provided to allow safe drainage of the entire oil system. Sec. 121.243 Engine breather lines. (a) Engine breather lines must be so arranged that condensed water vapor that may freeze and obstruct the line cannot accumulate at any point. (b) Engine breathers must discharge in a location that does not constitute a fire hazard in case foaming occurs and so that oil emitted from the line does not impinge upon the pilots' windshield. (c) Engine breathers may not discharge into the engine air induction system. Sec. 121.245 Fire walls. Each engine, auxiliary power unit, fuel-burning heater, or other item of combustion equipment that is intended for operation in flight must be isolated from the rest of the airplane by means of firewalls or shrouds, or by other equivalent means. Sec. 121.247 Fire-wall construction. Each fire wall and shroud must-- (a) Be so made that no hazardous quantity of air, fluids, or flame can pass from the engine compartment to other parts of the airplane; (b) Have all openings in the fire wall or shroud sealed with close-fitting fire-proof grommets, bushings, or firewall fittings; (c) Be made of fireproof material; and (d) Be protected against corrosion. Sec. 121.249 Cowling. (a) Cowling must be made and supported so as to resist the vibration inertia, and air loads to which it may be normally subjected. (b) Provisions must be made to allow rapid and complete drainage of the cowling in normal ground and flight attitudes. Drains must not discharge in locations constituting a fire hazard. Parts of the cowling that are subjected to high temperatures because they are near exhaust system parts or because of exhaust gas impingement must be made of fireproof material. Unless otherwise specified in these regulations all other parts of the cowling must be made of material that is at least fire resistant. Sec. 121.251 Engine accessory section diaphragm. Unless equivalent protection can be shown by other means, a diaphragm that complies with Sec. 121.247 must be provided on air-cooled engines to isolate the engine power section and all parts of the exhaust system from the engine accessory compartment. Sec. 121.253 Powerplant fire protection. (a) Designated fire zones must be protected from fire by compliance with Secs. 121.255 through 121.261. (b) Designated fire zones are-- (1) Engine accessory sections; (2) Installations where no isolation is provided between the engine and accessory compartment; and (3) Areas that contain auxiliary power units, fuel-burning heaters, and other combustion equipment. Sec. 121.255 Flammable fluids. (a) No tanks or reservoirs that are a part of a system containing flammable fluids or gases may be located in designated fire zones, except where the fluid contained, the design of the system, the materials used in the tank, the shutoff means, and the connections, lines, and controls provide equivalent safety. (b) At least one-half inch of clear airspace must be provided between any tank or reservoir and a firewall or shroud isolating a designated fire zone. Sec. 121.257 Shutoff means. (a) Each engine must have a means for shutting off or otherwise preventing hazardous amounts of fuel, oil, deicer, and other flammable fluids from flowing into, within, or through any designated fire zone. However, means need not be provided to shut off flow in lines that are an integral part of an engine. (b) The shutoff means must allow an emergency operating sequence that is compatible with the emergency operation of other equipment, such as feathering the propeller, to facilitate rapid and effective control of fires. (c) Shutoff means must be located outside of designated fire zones, unless equivalent safety is provided, and it must be shown that no hazardous amount of flammable fluid will drain into any designated fire zone after a shut off. (d) Adequate provisions must be made to guard against inadvertent operation of the shutoff means and to make it possible for the crew to reopen the shutoff means after it has been closed. Sec. 121.259 Lines and fittings. (a) Each line, and its fittings, that is located in a designated fire zone, if it carries flammable fluids or gases under pressure, or is attached directly to the engine, or is subject to relative motion between components (except lines and fittings forming an integral part of the engine), must be flexible and fire-resistant with fire-resistant, factory-fixed, detachable, or other approved fire-resistant ends. (b) Lines and fittings that are not subject to pressure or to relative motion between components must be of fire-resistant materials. Sec. 121.261 Vent and drain lines. All vent and drain lines and their fittings, that are located in a designated fire zone must, if they carry flammable fluids or gases, comply with Sec. 121.259, if the Administrator finds that the rupture or breakage of any vent or drain line may result in a fire hazard. Sec. 121.263 Fire-extinguishing systems. (a) Unless the certificate holder shows that equivalent protection against destruction of the airplane in case of fire is provided by the use of fireproof materials in the nacelle and other components that would be subjected to flame, fire-extinguishing systems must be provided to serve all designated fire zones. (b) Materials in the fire-extinguishing system must not react chemically with the extinguishing agent so as to be a hazard. Sec. 121.265 Fire-extinguishing agents. Only methyl bromide, carbon dioxide, or another agent that has been shown to provide equivalent extinguishing action may be used as a fire- extinguishing agent. If methyl bromide or any other toxic extinguishing agent is used, provisions must be made to prevent harmful concentrations of fluid or fluid vapors from entering any personnel compartment either because of leakage during normal operation of the airplane or because of discharging the fire extinguisher on the ground or in flight when there is a defect in the extinguishing system. If a methyl bromide system is used, the containers must be charged with dry agent and sealed by the fire-extinguisher manufacturer or some other person using satisfactory recharging equipment. If carbon dioxide is used, it must not be possible to discharge enough gas into the personnel compartments to create a danger of suffocating the occupants. Sec. 121.267 Extinguishing agent container pressure relief. Extinguishing agent containers must be provided with a pressure relief to prevent bursting of the container because of excessive internal pressures. The discharge line from the relief connection must terminate outside the airplane in a place convenient for inspection on the ground. An indicator must be provided at the discharge end of the line to provide a visual indication when the container has discharged. Sec. 121.269 Extinguishing agent container compartment temperature. Precautions must be taken to insure that the extinguishing agent containers are installed in places where reasonable temperatures can be maintained for effective use of the extinguishing system. Sec. 121.271 Fire-extinguishing system materials. (a) Except as provided in paragraph (b) of this section, each component of a fire-extinguishing system that is in a designated fire zone must be made of fireproof materials. (b) Connections that are subject to relative motion between components of the airplane must be made of flexible materials that are at least fire- resistant and be located so as to minimize the probability of failure. Sec. 121.273 Fire-detector systems. Enough quick-acting fire detectors must be provided in each designated fire zone to assure the detection of any fire that may occur in that zone. Sec. 121.275 Fire detectors. Fire detectors must be made and installed in a manner that assures their ability to resist, without failure, all vibration, inertia, and other loads to which they may be normally subjected. Fire detectors must be unaffected by exposure to fumes, oil, water, or other fluids that may be present. Sec. 121.277 Protection of other airplane components against fire. (a) Except as provided in paragraph (b) of this section, all airplane surfaces aft of the nacelles in the area of one nacelle diameter on both sides of the nacelle centerline must be made of material that is at least fire resistant. (b) Paragraph (a) of this section does not apply to tail surfaces lying behind nacelles unless the dimensional configuration of the airplane is such that the tail surfaces could be affected readily by heat, flames, or sparks emanating from a designated fire zone or from the engine compartment of any nacelle. Sec. 121.279 Control of engine rotation. (a) Except as provided in paragraph (b) of this section, each airplane must have a means of individually stopping and restarting the rotation of any engine in flight. (b) In the case of turbine engine installations, a means of stopping the rotation need be provided only if the Administrator finds that rotation could jeopardize the safety of the airplane. Sec. 121.281 Fuel system independence. (a) Each airplane fuel system must be arranged so that the failure of any one component does not result in the irrecoverable loss of power of more than one engine. (b) A separate fuel tank need not be provided for each engine if the certificate holder shows that the fuel system incorporates features that provide equivalent safety. Sec. 121.283 Induction system ice prevention. A means for preventing the malfunctioning of each engine due to ice accumulation in the engine air induction system must be provided for each airplane. Sec. 121.285 Carriage of cargo in passenger compartments. (a) Except as provided in paragraph (b) or (c) of this section, no certificate holder may carry cargo in the passenger compartment of an airplane. (b) Cargo may be carried anywhere in the passenger compartment if it is carried in an approved cargo bin that meets the following requirements: (1) The bin must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by a factor of 1.15, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin. (2) The maximum weight of cargo that the bin is approved to carry and any instructions necessary to insure proper weight distribution within the bin must be conspicuously marked on the bin. (3) The bin may not impose any load on the floor or other structure of the airplane that exceeds the load limitations of that structure. (4) The bin must be attached to the seat tracks or to the floor structure of the airplane, and its attachment must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by either the factor 1.15 or the seat attachment factor specified for the airplane, whichever is greater, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin. (5) The bin may not be installed in a position that restricts access to or use of any required emergency exit, or of the aisle in the passenger compartment. (6) The bin must be fully enclosed and made of material that is at least flame resistant. (7) Suitable safeguards must be provided within the bin to prevent the cargo from shifting under emergency landing conditons. (8) The bin may not be installed in a position that obscures any passenger's view of the "seat belt" sign "no smoking" sign, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided. (c) Cargo may be carried aft of a bulkhead or divider in any passenger compartment provided the cargo is restrained to the load factors in Sec. 25.561(b)(3) and is loaded as follows: (1) It is properly secured by a safety belt or other tiedown having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions. (2) It is packaged or covered in a manner to avoid possible injury to passengers and passenger compartment occupants. (3) It does not impose any load on seats or the floor structure that exceeds the load limitation for those components. (4) Its location does not restrict access to or use of any required emergency or regular exit, or of the aisle in the passenger compartment. (5) Its location does not obscure any passenger's view of the "seat belt" sign, "no smoking" sign, or required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided. [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-179, 47 FR 33390, Aug. 2, 1982] Sec. 121.287 Carriage of cargo in cargo compartments. When cargo is carried in cargo compartments that are designed to require the physical entry of a crewmember to extinguish any fire that may occur during flight, the cargo must be loaded so as to allow a crewmember to effectively reach all parts of the compartment with the contents of a hand fire extinguisher. Sec. 121.289 Landing gear: Aural warning device. (a) Except for airplanes that comply with the requirements of Sec. 25.729 of this chapter on or after January 6, 1992, each large airplane must have a landing gear aural warning device that functions continuously under the following conditions: (1) For airplanes with an established approach wing-flap position, whenever the wing flaps are extended beyond the maximum certificated approach climb configuration position in the Airplane Flight Manual and the landing gear is not fully extended and locked. (2) For airplanes without an established approach climb wing-flap position, whenever the wing flaps are extended beyond the position at which landing gear extension is normally performed and the landing gear is not fully extended and locked. (b) The warning system required by paragraph (a) of this section-- (1) May not have a manual shutoff; (2) Must be in addition to the throttle-actuated device installed under the type certification airworthiness requirements; and (3) May utilize any part of the throttle-actuated system including the aural warning device. (c) The flap position sensing unit may be installed at any suitable place in the airplane. [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-227, 56 FR 63762, Dec. 5, 1991] ***************************************************************************** 56 FR 63760, No. 234, Dec. 5, 1991 SUMMARY: These amendments to the Federal Aviation Regulations (FAR) update the airworthiness standards for landing gear aural warning systems in transport category airplanes to reflect current design practices. They require that if a landing is attempted when the landing gear is not locked down, the flightcrew must be given an aural warning in sufficient time to allow the landing gear to be locked down or a go-around to be made. These amendments state the intent of the current regulations in more objective terms to eliminate nuisance warnings and to simplify the certification process. EFFECTIVE DATE: January 6, 1992. ***************************************************************************** Sec. 121.291 Demonstration of emergency evacuation procedures. (a) Except as provided in paragraph (a)(1) of this section, each certificate holder must conduct an actual demonstration of emergency evacuation procedures in accordance with paragraph (a) of appendix D to this part to show that each type and model of airplane with a seating capacity of more than 44 passengers to be used in its passenger-carrying operations allows the evacuation of the full capacity, including crewmembers, in 90 seconds or less. (1) An actual demonstration need not be conducted if that airplane type and model has been shown to be in compliance with this paragraph in effect on or after October 24, 1967, or, if during type certification, with Sec. 25.803 of this chapter in effect on or after December 1, 1978. (2) Any actual demonstration conducted after September 27, 1993, must be in accordance with paragraph (a) of Appendix D to this part in effect on or after that date or with Sec. 25.803 in effect on or after that date. (b) Each certificate holder must conduct a partial demonstration of emergency evacuation procedures in accordance with paragraph (c) of this section upon: (1) Initial introduction of a type and model of airplane into passenger/ carrying operation, if the certificate holder has not conducted an actual demonstration under paragraph (a) of this section; (2) Changing the number, location, or emergency evacuation duties or procedures of flight attendants who are required by Sec. 121.391; or (3) Changing the number, location, type of emergency exits, or type of opening mechanism on emergency exits available for evacuation. (c) In conducting a partial demonstration each certificate holder must: (1) Demonstrate the effectiveness of its crewmember emergency training and evacuation procedures by conducting a demonstration, not requiring passengers and observed by the Administrator, in which the flight attendants for that type and model of airplane, using that operator's line operating procedures, open 50 percent of the required floor-level emergency exits and 50 percent of the required non-floor-level emergency exits whose opening by a flight attendant is defined as an emergency evacuation duty under Sec. 121.397, and deploy 50 percent of the exit slides. The exits and slides will be selected by the administrator and must be ready for use within 15 seconds; (2) Apply for and obtain approval from the Flight Standards District Office maintaining surveillance of its operations before conducting the demonstration; (3) Use flight attendants in this demonstration who have been selected at random by the Administrator, have completed the certificate holder's FAA- approved training program for the type and model of airplane, and have passed a written or practical examination on the emergency equipment and procedures; and (4) Apply for and obtain approval from the FAA certificate-holding office having jurisdiction over its operations before commencing operations with this type and model airplane. (d) Each certificate holder operating or proposing to operate one or more landplanes in extended overwater operations, or otherwise required to have certain equipment under Sec. 121.339, must show, by simulated ditching conducted in accordance with paragraph (b) of Appendix D to this part, that it has the ability to efficiently carry out its ditching procedures. (e) For a type and model airplane for which the simulated ditching specified in paragraph (d) has been conducted by a Part 121 certificate holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of Appendix D to this part are complied with if each life raft is removed from stowage, one life raft is launched and inflated (or one slide life raft is inflated) and crewmembers assigned to the inflated life raft display and describe the use of each item of required emergency equipment. The life raft or slide life raft to be inflated will be selected by the Administrator. [Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as amended by Amdt. 121-233, 58 FR 45230, Aug. 26, 1993] ***************************************************************************** 58 FR 45224, No. 164, Aug. 26, 1993 SUMMARY: These amendments to the airworthiness standards for transport category airplanes and the operating rules for air carrier operators of such airplanes modify the procedures for conducting an emergency evacuation demonstration. These include a requirement that the flightcrew take no active role in the demonstration, and a change to the age/sex distribution requirement for demonstration participants. In addition, the airworthiness standards are amended to standardize the illumination requirements for the handles of the various types of passenger emergency exits, and to add a requirement to prevent the inadvertent disabling of the public address system because of an unstowed microphone. These amendments are intended to enhance the provisions for egress of occupants of transport category airplanes under emergency conditions. EFFECTIVE DATE: September 27, 1993. ***************************************************************************** Subpart K--Instrument and Equipment Requirements Source: Docket No. 6258, 29 FR 19205, Dec. 31, 1964, unless otherwise noted. Sec. 121.301 Applicability. This subpart prescribes instrument and equipment requirements for all certificate holders. Sec. 121.303 Airplane instruments and equipment. (a) Unless otherwise specified, the instrument and equipment requirements of this subpart apply to all operations under this part. (b) Instruments and equipment required by Secs. 121.305 through 121.359 must be approved and installed in accordance with the airworthiness requirements applicable to them. (c) Each airspeed indicator must be calibrated in knots, and each airspeed limitation and item of related information in the Airplane Flight Manual and pertinent placards must be expressed in knots. (d) Except as provided in Secs. 121.627(b) and 121.628, no person may take off any airplane unless the following instruments and equipment are in operable condition: (1) Instruments and equipment required to comply with airworthiness requirements under which the airplane is type certificated and as required by Secs. 121.213 through 121.283 and 121.289. (2) Instruments and equipment specified in Secs. 121.305 through 121.321 and 121.359 for all operations, and the instruments and equipment specified in Secs. 121.323 through 121.351 for the kind of operation indicated, wherever these items are not already required by paragraph (d)(1) of this section. (3) After September 1, 1976, the instruments and equipment required by Sec. 121.360, unless required earlier-- (i) In a plan issued to the certificate holder by the Administrator to obtain information on system reliability; or (ii) In the certificate holder's operations specifications. [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-44, 33 FR 14406, Sept. 25, 1968; Amdt. 121-65, 35 FR 12709, Aug. 11, 1970; Amdt. 121- 114, 39 FR 44440, Dec. 24, 1974; Amdt. 121-126, 40 FR 55314, Nov. 28, 1975; Amdt. 121-222, 56 FR 12310, Mar. 22, 1991] ***************************************************************************** 56 FR 12306, No. 56, Mar. 22, 1991 SUMMARY: This amendment provides for the development and use of Minimum Equipment Lists (MEL) for certain single-engine air carrier aircraft. In addition, this amendment revises the requirements for the use of an MEL to make them consistent throughout the regulations. This action is needed to provide for the implementation of MEL authorizations through the issuance of operations specifications. The changes streamline administrative procedures and provide greater consistency in the MEL authorization process. EFFECTIVE DATE: June 20, 1991. ***************************************************************************** Sec. 121.305 Flight and navigational equipment. No person may operate an airplane unless it is equipped with the following flight and navigational instruments and equipment: (a) An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing. (b) A sensitive altimeter. (c) A sweep-second hand clock (or approved equivalent). (d) A free-air temperature indicator. (e) A gyroscopic bank and pitch indicator (artificial horizon). (f) A gyroscopic rate-of-turn indicator combined with an integral slip-skid indicator (turn-and-bank indicator) except that only a slip-skid indicator is required when a third attitude instrument system usable through flight attitudes of 360 deg. of pitch and roll is installed in accordance with paragraph (j) of this section. (g) A gyroscopic direction indicator (directional gyro or equivalent). (h) A magnetic compass. (i) A vertical speed indicator (rate-of-climb indicator). (j) On large turbojet powered airplanes, and after October 17, 1994, on large turboprop powered airplanes, in addition to two gyroscopic bank-and-pitch indicators (artificial horizons) for use at the pilot stations, a third such instrument that-- (1) Is powered from a source independent of the electrical generating system; (2) Continues reliable operation for a minimum of 30 minutes after total failure of the electrical generating system; (3) Operates independently of any other attitude indicating system; (4) Is operative without selection after total failure of the electrical generating system; (5) Is located on the instrument panel in a position acceptable to the Administrator that will make it plainly visible to and usable by any pilot at his station; and (6) Is appropriately lighted during all phases of operation. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-57, 35 FR 304, Jan. 8, 1970; Amdt. 121-60, 35 FR 7108, May 6, 1970; Amdt. 121-81, 36 FR 23050, Dec. 3, 1971; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-230, 57 FR 42672, Sept. 15, 1992; 58 FR 12158, Mar. 3, 1993] ***************************************************************************** 58 FR 12158, No. 40, Mar. 3, 1993 SUMMARY: On September 15, 1992, the Federal Aviation Administration (FAA) issued a final rule amending the Federal Aviation Regulations governing, among other things, flight and navigational equipment (57 FR 42662; September 15, 1992). This action corrects an error concerning the intent of the effective date for large turbojet powered airplanes and large turboprop powered airplanes. EFFECTIVE DATE: April 2, 1993. ***************************************************************************** Sec. 121.307 Engine instruments. Unless the Administrator allows or requires different instrumentation for turbine engine powered airplanes to provide equivalent safety, no person may conduct any operation under this part without the following engine instruments: (a) A carburetor air temperature indicator for each engine. (b) A cylinder head temperature indicator for each air-cooled engine. (c) A fuel pressure indicator for each engine. (d) A fuel flowmeter or fuel mixture indicator for each engine not equipped with an automatic altitude mixture control. (e) A means for indicating fuel quantity in each fuel tank to be used. (f) A manifold pressure indicator for each engine. (g) An oil pressure indicator for each engine. (h) An oil quantity indicator for each oil tank when a transfer or separate oil reserve supply is used. (i) An oil-in temperature indicator for each engine. (j) A tachometer for each engine. (k) An independent fuel pressure warning device for each engine or a master warning device for all engines with a means for isolating the individual warning circuits from the master warning device. (l) A device for each reversible propeller, to indicate to the pilot when the propeller is in reverse pitch, that complies with the following: (1) The device may be actuated at any point in the reversing cycle between the normal low pitch stop position and full reverse pitch, but it may not give an indication at or above the normal low pitch stop position. (2) The source of indication must be actuated by the propeller blade angle or be directly responsive to it. Sec. 121.308 Lavatory fire protection. (a) After October 29, 1986, no person may operate a passenger-carrying transport category airplane unless each lavatory in the airplane is equipped with a smoke detector system or equivalent that provides a warning light in the cockpit or provides a warning light or audio warning in the passenger cabin which would be readily detected by a flight attendant, taking into consideration the positioning of flight attendants throughout the passenger compartment during various phases of flight. (b) After April 29, 1987, no person may operate a passenger-carrying transport category airplane unless each lavatory in the airplane is equipped with a built-in fire extinguisher for each disposal receptacle for towels, paper, or waste located within the lavatory. The built-in fire extinguisher must be designed to discharge automatically into each disposal receptacle upon occurrence of a fire in the receptacle. [Doc. No. 24073, 50 FR 12733, Mar. 29, 1985] Sec. 121.309 Emergency equipment. (a) General: No person may operate an airplane unless it is equipped with the emergency equipment listed in this section and in Sec. 121.310. (b) Each item of emergency and flotation equipment listed in this section and in Secs. 121.310, 121.339, and 121.340-- (1) Must be inspected regularly in accordance with inspection periods established in the operations specifications to ensure its condition for continued serviceability and immediate readiness to perform its intended emergency purposes; (2) Must be readily accessible to the crew and, with regard to equipment located in the passenger compartment, to passengers; (3) Must be clearly identified and clearly marked to indicate its method of operation; and (4) When carried in a compartment or container, must be carried in a compartment or container marked as to contents and the compartment or container, or the item itself, must be marked as to date of last inspection. (c) Hand fire extinguishers for crew, passenger, cargo, and galley compartments. Hand fire extinguishers of an approved type must be provided for use in crew, passenger, cargo, and galley compartments in accordance with the following: (1) The type and quantity of extinguishing agent must be suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used and, for passenger compartments, must be designed to minimize the hazard of toxic gas concentrations. (2) Cargo compartments. At least one hand fire extinguisher must be conveniently located for use in each class E cargo compartment that is accessible to crewmembers during flight. (3) Galley compartments. At least one hand fire extinguisher must be conveniently located for use in each galley located in a compartment other than a passenger, cargo, or crew compartment. (4) Flightcrew compartment. At least one hand fire extinguisher must be conveniently located on the flight deck for use by the flightcrew. (5) Passenger compartments. Hand fire extinguishers for use in passenger compartments must be conveniently located and, when two or more are required, uniformly distributed throughout each compartment. Hand fire extinguishers shall be provided in passenger compartments as follows: (i) For airplanes having passenger seats accommodating more than 6 but fewer than 31 passengers, at least one. (ii) For airplanes having passenger seats accommodating more than 30 but fewer than 61 pasngers, at least two. (iii) For airplanes having passenger seats accommodating more than 60 passengers, there must be at least the following number of hand fire extinguishers: Minimum Number of Hand Fire Extinguishers Passenger seating accommodations: 61 through 200 3 201 through 300 4 301 through 400 5 401 through 500 6 501 through 600 7 601 or more 8 (6) Notwithstanding the requirement for uniform distribution of hand fire extinguishers as prescribed in paragraph (c)(5) of this section, for those cases where a galley is located in a passenger compartment, at least one hand fire extinguisher must be conveniently located and easily accessible for use in the galley. (7) At least two of the required hand fire extinguishers installed in passenger-carrying airplanes must contain Halon 1211 (bromochlorofluoromethane) or equivalent as the extinguishing agent. (d) First-aid and emergency medical equipment. Approved first-aid kits and, on passenger flights, an emergency medical kit for treatment of injuries or medical emergencies that might occur during flight time or in minor accidents must be provided and must meet the specifications and requirements of Appendix A. (e) Crash ax. Each airplane must be equipped with a crash ax. (f) Megaphones. Each passenger-carrying airplane must have a portable battery-powered megaphone or megaphones readily accessible to the crewmembers assigned to direct emergency evacuation, installed as follows: (1) One megaphone on each airplane with a seating capacity of more than 60 and less than 100 passengers, at the most rearward location in the passenger cabin where it would be readily accessible to a normal flight attendant seat. However, the Administrator may grant a deviation from the requirements of this subparagraph if he finds that a different location would be more useful for evacuation of persons during an emergency. (2) Two megaphones in the passenger cabin on each airplane with a seating capacity of more than 99 passengers, one installed at the forward end and the other at the most rearward location where it would be readily accessible to a normal flight attendant seat. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-30, 32 FR 13267, Sept. 20, 1967; Amdt. 121-48, 34 FR 11489, July 11, 1969; Amdt. 121- 106, 38 FR 22377, Aug. 20, 1973; Amdt. 121-185, 50 FR 12733, Mar. 29, 1985; 50 FR 14373, Apr. 12, 1985; Amdt. 121-188, 51 FR 1223, Jan. 9, 1986; Amdt. 121-230, 57 FR 42672, Sept. 15, 1992] ***************************************************************************** 57 FR 42662, No. 179, Sept. 15, 1992 SUMMARY: This final rule amends the Federal Aviation Regulations by requiring operators and certificate holders to allow the use of approved child restraint systems and by updating certain regulations concerning passenger and crewmember safety, attitude indicators, and check airmen. This action is in response to requests from the public, consumer groups, and Congress; reports from FAA inspectors; and investigations and recommendations by the National Transportation Safety Board. The rule is intended to increase the safety of crewmembers and passengers on board aircraft and to update other operational amendments. EFFECTIVE DATE: October 15, 1992. ***************************************************************************** Sec. 121.310 Additional emergency equipment. (a) Means for emergency evacuation. Each passenger-carrying landplane emergency exit (other than over-the-wing) that is more than 6 feet from the ground with the airplane on the ground and the landing gear extended, must have an approved means to assist the occupants in descending to the ground. The assisting means for a floor-level emergency exit must meet the requirements of Sec. 25.809(f)(1) of this chapter in effect on April 30, 1972, except that, for any airplane for which the application for the type certificate was filed after that date, it must meet the requirements under which the airplane was type certificated. An assisting means that deploys automatically must be armed during taxiing, takeoffs, and landings. However, if the Administrator finds that the design of the exit makes compliance impractical, he may grant a deviation from the requirement of automatic deployment if the assisting means automatically erects upon deployment and, with respect to required emergency exits, if an emergency evacuation demonstration is conducted in accordance with Sec. 121.291(a). This paragraph does not apply to the rear window emergency exit of DC-3 airplanes operated with less than 36 occupants, including crewmembers and less than five exits authorized for passenger use. (b) Interior emergency exit marking. The following must be complied with for each passenger-carrying airplane: (1) Each passenger emergency exit, its means of access, and its means of opening must be conspicuously marked. The identity and location of each passenger emergency exit must be recognizable from a distance equal to the width of the cabin. The location of each passenger emergency exit must be indicated by a sign visible to occupants approaching along the main passenger aisle. There must be a locating sign-- (i) Above the aisle near each over-the-wing passenger emergency exit, or at another ceiling location if it is more practical because of low headroom; (ii) Next to each floor level passenger emergency exit, except that one sign may serve two such exits if they both can be seen readily from that sign; and (iii) On each bulkhead or divider that prevents fore and aft vision along the passenger cabin, to indicate emergency exits beyond and obscured by it, except that if this is not possible the sign may be placed at another appropriate location. (2) Each passenger emergency exit marking and each locating sign must meet the following: (i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, each passenger emergency exit marking and each locating sign must be manufactured to meet the requirements of Sec. 25.812(b) of this chapter in effect on April 30, 1972. On these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 100 microlamberts. The colors may be reversed if it increases the emergency illumination of the passenger compartment. However, the Administrator may authorize deviation from the 2-inch background requirements if he finds that special circumstances exist that make compliance impractical and that the proposed deviation provides an equivalent level of safety. (ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, each passenger emergency exit marking and each locating sign must be manufactured to meet the interior emergency exit marking requirements under which the airplane was type certificated. On these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 250 microlamberts. (c) Lighting for interior emergency exit markings. Each passenger-carrying airplane must have an emergency lighting system, independent of the main lighting system. However, sources of general cabin illumination may be common to both the emergency and the main lighting systems if the power supply to the emergency lighting system is independent of the power supply to the main lighting system. The emergency lighting system must-- (1) Illuminate each passenger exit marking and locating sign; (2) Provide enough general lighting in the passenger cabin so that the average illumination when measured at 40-inch intervals at seat armrest height, on the centerline of the main passenger aisle, is at least 0.05 foot- candles; and (3) For airplanes type certificated after January 1, 1958, after November 26, 1986, include floor proximity emergency escape path marking which meets the requirements of Sec. 25.812(e) of this chapter in effect on November 26, 1984. (d) Emergency light operation. Except for lights forming part of emergency lighting subsystems provided in compliance with Sec. 25.812(h) of this chapter (as prescribed in paragraph (h) of this section) that serve no more than one assist means, are independent of the airplane's main emergency lighting systems, and are automatically activated when the assist means is deployed, each light required by paragraphs (c) and (h) of this section must comply with the following: (1) Until July 1, 1971, each light must be operable manually, and must operate automatically from the independent lighting system-- (i) In a crash landing; or (ii) Whenever the airplane's normal electric power to the light is interrupted. (2) After June 30, 1971, each light must-- (i) Be operable manually both from the flight crew station and from a point in the passenger compartment that is readily accessible to a normal flight attendant seat; (ii) Have a means to prevent inadvertent operation of the manual controls, and (iii) When armed or turned on at either station, remain lighted or become lighted upon interruption of the airplane's normal electric power. Each light must be armed or turned on during taxiing, takeoff, and landing. In showing compliance with this paragraph a transverse vertical separation of the fuselage need not be considered. (3) After May 1, 1974, each light must provide the required level of illumination for at least 10 minutes at the critical ambient conditions after emergency landing. (4) After December 1, 1980, each light must have a cockpit control device that has an "on", "off", and "armed" position. (e) Emergency exit operating handles. (1) For a passenger-carrying airplane for which the application for the type certificate was filed prior to May 1, 1972, the location of each passenger emergency exit operating handle, and instructions for opening the exit, must be shown by a marking on or near the exit that is readable from a distance of 30 inches. In addition, for each Type I and Type II emergency exit with a locking mechanism released by rotary motion of the handle, the instructions for opening must be shown by-- (i) A red arrow with a shaft at least three-fourths inch wide and a head twice the width of the shaft, extending along at least 70 deg. of arc at a radius approximately equal to three-fourths of the handle length; and (ii) The word "open" in red letters 1 inch high placed horizontally near the head of the arrow. (2) For a passenger-carrying airplane for which the application for the type certificate was filed on or after May 1, 1972, the location of each passenger emergency exit operating handle and instructions for opening the exit must be shown in accordance with the requirements under which the airplane was type certificated. On these airplanes, no operating handle or operating handle cover may continue to be used if its luminescence (brightness) decreases to below 100 microlamberts. (f) Emergency exit access. Access to emergency exits must be provided as follows for each passenger-carrying airplane: (1) Each passage way between individual passenger areas, or leading to a Type I or Type II emergency exit, must be unobstructed and at least 20 inches wide. (2) There must be enough space next to each Type I or Type II emergency exit to allow a crewmember to assist in the evacuation of passengers without reducing the unobstructed width of the passageway below that required in paragraph (f)(1) of this section. However the Administrator may authorize deviation from this requirement for an airplane certificated under the provisions of Part 4b of the Civil Air Regulations in effect before December 20, 1951, if he finds that special circumstances exist that provide an equivalent level of safety. (3) There must be access from the main aisle to each Type III and Type IV exit. The access from the aisle to these exits must not be obstructed by seats, berths, or other protrusions in a manner that would reduce the effectiveness of the exit. In addition-- (i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the access must meet the requirements of Sec. 25.813(c) of this chapter in effect on April 30, 1972; and (ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the access must meet the emergency exit access requirements under which the airplane was type certificated; except that, (iii) After December 3, 1992, the access for an airplane type certificated after January 1, 1958, must meet the requirements of Sec. 25.813(c) of this chapter, effective June 3, 1992. (iv) Contrary provisions of this section notwithstanding, the Manager of the Transport Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, may authorize deviation from the requirements of paragraph (f)(3)(iii) of this section if it is determined that special circumstances make compliance impractical. Such special circumstances include, but are not limited to, the following conditions when they preclude achieving compliance with Sec. 25.813(c)(1)(i) or (ii) without a reduction in the total number of passenger seats: emergency exits located in close proximity to each other; fixed installations such as lavatories, galleys, etc.; permanently mounted bulkheads; an insufficient number of rows ahead of or behind the exit to enable compliance without a reduction in the seat row pitch of more than one inch; or an insufficient number of such rows to enable compliance without a reduction in the seat row pitch to less than 30 inches. A request for such grant of deviation must include credible reasons as to why literal compliance with Sec. 25.813(c)(1)(i) or (ii) is impractical and a description of the steps taken to achieve a level of safety as close to that intended by Sec. 25.813(c)(1)(i) or (ii) as is practical. (v) The Manager of the Transport Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, may also authorize a compliance date later than December 3, 1992, if it is determined that special circumstances make compliance by that date impractical. A request for such grant of deviation must outline the airplanes for which compliance will be achieved by December 3, 1992, and include a proposed schedule for incremental compliance of the remaining airplanes in the operator's fleet. In addition, the request must include credible reasons why compliance cannot be achieved earlier. (4) If it is necessary to pass through a passageway between passenger compartments to reach any required emergency exit from any seat in the passenger cabin, the passageway must not be obstructed. However, curtains may be used if they allow free entry through the passageway. (5) No door may be installed in any partition between passenger compartments. (6) If it is necessary to pass through a doorway separating the passenger cabin from other areas to reach required emergency exit from any passenger seat, the door must have a means to latch it in open position, and the door must be latched open during each takeoff and landing. The latching means must be able to withstand the loads imposed upon it when the door is subjected to the ultimate inertia forces, relative to the surrounding structure, listed in Sec. 25.561(b) of this chapter. (g) Exterior exit markings. Each passenger emergency exit and the means of opening that exit from the outside must be marked on the outside of the airplane. There must be a 2-inch colored band outlining each passenger emergency exit on the side of the fuselage. Each outside marking, including the band, must be readily distinguishable from the surrounding fuselage area by contrast in color. The markings must comply with the following: (1) If the reflectance of the darker color is 15 percent or less, the reflectance of the lighter color must be at least 45 percent. (2) If the reflectance of the darker color is greater than 15 percent, at least a 30 percent difference between its reflectance and the reflectance of the lighter color must be provided. (3) Exits that are not in the side of the fuselage must have the external means of opening and applicable instructions marked conspicuously in red or, if red is inconspicuous against the background color, in bright chrome yellow and, when the opening means for such an exit is located on only one side of the fuselage, a conspicuous marking to that effect must be provided on the other side. "Reflectance" is the ratio of the luminous flux reflected by a body to the luminous flux it receives. (h) Exterior emergency lighting and escape route. (1) Each passenger- carrying airplane must be equipped with exterior lighting that meets the following requirements: (i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the requirements of Sec. 25.812 (f) and (g) of this chapter in effect on April 30, 1972. (ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the exterior emergency lighting requirements under which the airplane was type certificated. (2) Each passenger-carrying airplane must be equipped with a slip-resistant escape route that meets the following requirements: (i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the requirements of Sec. 25.803(e) of this chapter in effect on April 30, 1972. (ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the slip-resistant escape route requirements under which the airplane was type certificated. (i) Floor level exits. Each floor level door or exit in the side of the fuselage (other than those leading into a cargo or baggage compartment that is not accessible from the passenger cabin) that is 44 or more inches high and 20 or more inches wide, but not wider than 46 inches, each passenger ventral exit (except the ventral exits on M-404 and CV-240 airplanes), and each tail cone exit, must meet the requirements of this section for floor level emergency exits. However, the Administrator may grant a deviation from this paragraph if he finds that circumstances make full compliance impractical and that an acceptable level of safety has been achieved. (j) Additional emergency exits. Approved emergency exits in the passenger compartments that are in excess of the minimum number of required emergency exits must meet all of the applicable provisions of this section except paragraphs (f)(1), (2), and (3) of this section and must be readily accessible. (k) After August 28, 1973, on each large passenger-carrying turbojet- powered airplane, each ventral exit and tailcone exit must be-- (1) Designed and constructed so that it cannot be opened during flight; and (2) Marked with a placard readable from a distance of 30 inches and installed at a conspicuous location near the means of opening the exit, stating that the exit has been designed and constructed so that it cannot be opened during flight. (l) Portable lights. After December 1, 1980, no person may operate a passenger-carrying airplane unless it is equipped with flashlight stowage provisions accessible from each flight attendant seat. [Amdt. 121-2, 30 FR 3205, Mar. 9, 1965, as amended by Amdt. 121-20, 31 FR 8912, June 28, 1966; Amdt. 121-30, 32 FR 13267, Sept. 20, 1967; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 121-47, 34 FR 11489, July 11, 1969; Amdt. 121-77, 36 FR 16900, Aug. 26, 1971; Amdt. 121-84, 37 FR 3974, Feb. 24, 1972; Amdt. 121-99, 37 FR 25355, Nov. 30, 1972; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; Amdt 121-183, 49 FR 43186, Oct. 26, 1984; Amdt. 121-228, 57 FR 19244, May 4, 1992; 57 FR 29120, June 30, 1992] ***************************************************************************** 57 FR 19220, No. 86, May 4, 1992 Corrected. 57 FR 29120, No. 126, June 30, 1992 SUMMARY: This amendment revises the Federal Aviation Regulations (FAR) to require improved access to the Type III emergency exits (typically smaller over-wing exits) in transport category airplanes with 60 or more passenger seats. These changes are the result of tests that were conducted at the FAA's Civil Aeromedical Institute (CAMI), and are intended to improve the ability of occupants to evacuate an airplane under emergency conditions. They affect air carriers and commercial operators of transport category airplanes as well as the manufacturers of such airplanes. EFFECTIVE DATE: June 3, 1992. ***************************************************************************** Sec. 121.311 Seats, safety belts, and shoulder harnesses. (a) No person may operate an airplane unless there are available during the takeoff, en route flight, and landing-- (1) An approved seat or berth for each person on board the airplane who has reached his second birthday; and (2) An approved safety belt for separate use by each person on board the airplane who has reached his second birthday, except that two persons occupying a berth may share one approved safety belt and two persons occupying a multiple lounge or divan seat may share one approved safety belt during en route flight only. (b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used by more than one person who has reached his or her second birthday. Notwithstanding the preceding requirements, a child may: (1) Be held by an adult who is occupying an approved seat or berth if that child has not reached his or her second birthday; or (2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided: (i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight; (ii) The approved child restraint system bears one or more labels as follows: (A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: "This child restraint system conforms to all applicable Federal motor vehicle safety standards." Vest- and harness- type child restraint systems manufactured before February 26, 1985, bearing such a label are not approved for the purposes of this section; (B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels: (1) "This child restraint system conforms to all applicable Federal motor vehicle safety standards"; and (2) "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT" in red lettering; (C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear either a label showing approval of a foreign government or a label showing that the seat was manufactured under the standards of the United Nations; and (iii) The certificate holder complies with the following requirements: (A) The restraint system must be properly secured to an approved forward- facing seat or berth; (B) The child must be properly secured in the restraint system and must not exceed the specified weight limit for the restraint system; and (C) The restraint system must bear the appropriate label(s). (c) No certificate holder may prohibit a child, if requested by the child's parent, guardian, or designated attendant, from occupying a child restraint system furnished by the child's parent, guardian, or designated attendant, provided the child holds a ticket for an approved seat or berth, or such seat or berth is otherwise made available by the certificate holder for the child's use, and the requirements contained in paragraphs (b)(2)(i) through (b)(2)(iii) of this section are met. This section does not prohibit the certificate holder from providing child restraint systems or, consistent with safe operating practices, determining the most appropriate passenger seat location for the child restraint system. (d) Each sideward facing seat must comply with the applicable requirements of Sec. 25.785(c) of this chapter. (e) Except as provided in paragraphs (d) (1) and (2) of this section, no certificate holder may take off or land an airplane unless each passenger seat back is in the upright position. Each passenger shall comply with instructions given by a crewmember in compliance with this paragraph. (1) This paragraph does not apply to seat backs placed in other than the upright position in compliance with Sec. 121.310(f)(3). (2) This paragraph does not apply to seats on which cargo or persons who are unable to sit erect for a medical reason are carried in accordance with procedures in the certificate holder's manual if the seat back does not obstruct any passenger's access to the aisle or to any emergency exit. (f) No person may operate a transport category airplane that was type certificated after January 1, 1958, unless it is equipped at each flight deck station with a combined safety belt and shoulder harness that meets the applicable requirements specified in Sec. 25.785 of this chapter, effective March 6, 1980, except that-- (1) Shoulder harnesses and combined safety belt and shoulder harnesses that were approved and installed before March 6, 1980, may continue to be used; and (2) Safety belt and shoulder harness restraint systems may be designed to the inertia load factors established under the certification basis of the airplane. (g) Each flight attendant must have a seat for takeoff and landing in the passenger compartment that meets the requirements of Sec. 25.785 of this chapter, effective March 6, 1980, except that-- (1) Combined safety belt and shoulder harnesses that were approved and installed before March, 6, 1980, may continue to be used; and (2) Safety belt and shoulder harness restraint systems may be designed to the inertia load factors established under the certification basis of the airplane. (3) The requirements of Sec. 25.785(h) do not apply to passenger seats occupied by flight attendants not required by Sec. 121.391. (h) Each occupant of a seat equipped with a combined safety belt and shoulder harness must have the combined safety belt and shoulder harness properly secured about that occupant during takeoff and landing and be able to properly perform assigned duties. (i) At each unoccupied seat, the safety belt and shoulder harness, if installed, must be secured so as not to interfere with crewmembers in the performance of their duties or with the rapid egress of occupants in an emergency. [Amdt. 121-30, 32 FR 13267, Sept. 20, 1967; as amended by Amdt. 121-41, 33 FR 9067, June 20, 1968; Amdt. 121-75, 36 FR 12512, July 1, 1971; Amdt. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-155, 45 FR 7756, Feb. 4, 1980; Amdt. 121-170, 46 FR 15482, Mar. 5, 1981; Amdt. 121-177, 47 FR 10516, Mar. 11, 1982; Amdt. 121-230, 57 FR 42673, Sept. 15, 1992] ***************************************************************************** 57 FR 42662, No. 179, Sept. 15, 1992 SUMMARY: This final rule amends the Federal Aviation Regulations by requiring operators and certificate holders to allow the use of approved child restraint systems and by updating certain regulations concerning passenger and crewmember safety, attitude indicators, and check airmen. This action is in response to requests from the public, consumer groups, and Congress; reports from FAA inspectors; and investigations and recommendations by the National Transportation Safety Board. The rule is intended to increase the safety of crewmembers and passengers on board aircraft and to update other operational amendments. EFFECTIVE DATE: October 15, 1992. ***************************************************************************** Sec. 121.312 Materials for compartment interiors. (a) Except for those materials covered by paragraph (b) of this section, all materials in each compartment used by the crewmembers or passengers must meet the requirements of Sec. 25.853 of this chapter in effect as follows or later amendment thereto: (1) All airplanes manufactured on or after August 20, 1988, but prior to August 20, 1990, must comply with the heat release rate testing provisions of Sec. 25.853(a-1) in effect on August 20, 1986 or the date of a later amendment thereto, except that the total heat release over the first 2 minutes of sample exposure must not exceed 100 kilowatt minutes per square meter and the peak heat release rate must not exceed 100 kilowatts per square meter. (2) All airplanes manufactured on or after August 20, 1990, must comply with the heat release rate and smoke testing provisions of Sec. 25.853(a-1) in effect on September 26, 1988. (3) Upon the first substantially complete replacement of the cabin interior prior to August 20, 1988. (i) An airplane for which the application for type certificate was filed prior to May 1, 1972, must comply with the provisions of Sec. 25.853 in effect on April 30, 1972; (ii) An airplane for which the application for type certificate was filed on or after May 1, 1972, must comply with the materials requirements under which the airplane was type certificated. (4) Upon the first substantially complete replacement of the cabin interior on or after August 20, 1988, airplanes type certificated on or before January 1, 1958, must comply with the provisions of Sec. 25.853 in effect on April 30, 1972. (5) Upon the first substantially complete replacement of the cabin interior components subject to Sec. 25.853(a-1) on or after August 20, 1988, but prior to August 20, 1990, airplanes type certificated after January 1, 1958, must comply with the heat release rate testing provisions of that paragraph in effect on August 20, 1986, or the date of a later amendment thereto, except that the total heat release over the first 2 minutes of sample exposure shall not exceed 100 kilowatt-minutes per square meter, and the peak heat release rate shall not exceed 100 kilowatts per square meter. (6) Upon the first substantially complete replacement of the cabin interior components identified in Sec. 25.853(a-1) on or after August 20, 1990, airplanes type certificated after January 1, 1958, must comply with the heat release rate and smoke testing provisions of that paragraph in effect on September 26, 1988. (7) Contrary provisions of this section notwithstanding, the Manager of the Transport Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, may authorize deviation from the requirements of paragraph (a)(1), (a)(2), (a)(5), or (a)(6) of this section for specific components of the cabin interior which do not meet applicable flammability and smoke emission requirements, if the determination is made that special circumstances exist that make compliance impractical. Such grants of deviation will be limited to those airplanes manufactured within 1 year after the applicable date specified in this section and those airplanes in which the interior is replaced within 1 year of that date. A request for such grant of deviation must include a thorough and accurate analysis of each component subject to Sec. 25.853(a-1), the steps being taken to achieve compliance, and, for the few components for which timely compliance will not be achieved, credible reasons for such noncompliance. (b) For airplanes type certificated after January 1, 1958, after November 26, 1987, seat cushions, except those on flight crewmember seats, in any compartment occupied by crew or passengers must comply with the requirements pertaining to fire protection of seat cushions in Sec. 25.853(c), effective November 26, 1984, and Appendix F to Part 25 of this chapter, effective November 26, 1984. [Amdt. 121-84, 37 FR 3975, Feb. 24, 1972, as amended by Amdt. 121-184, 49 FR 43200, Oct. 26, 1984; Amdt. 121-189, 51 FR 26221, July 21, 1986; Amdt. 121- 198, 53 FR 32581, Aug. 25, 1988] Sec. 121.313 Miscellaneous equipment. No person may conduct any operation unless the following equipment is installed in the airplane: (a) If protective fuses are installed on an airplane, the number of spare fuses approved for that airplane and appropriately described in the certificate holder's manual. (b) A windshield wiper or equivalent for each pilot station. (c) A power supply and distribution system that meets the requirements of Secs. 25.1309, 25.1331, 25.1351(a) and (b)(1) through (4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce and distribute the load for the required instruments and equipment, with use of an external power supply if any one power source or component of the power distribution system fails. The use of common elements in the system may be approved if the Administrator finds that they are designed to be reasonably protected against malfunctioning. Engine-driven sources of energy, when used, must be on separate engines. (d) A means for indicating the adequacy of the power being supplied to required flight instruments. (e) Two independent static pressure systems, vented to the outside atmospheric pressure so that they will be least affected by air flow variation or moisture or other foreign matter, and installed so as to be airtight except for the vent. When a means is provided for transferring an instrument from its primary operating system to an alternate system, the means must include a positive positioning control and must be marked to indicate clearly which system is being used. (f) A door between the passenger and pilot compartments, with a locking means to prevent passengers from opening it without the pilot's permission. (g) A key for each door that separates a passenger compartment from another compartment that has emergency exit provisions. The key must be readily available for each crewmember. (h) A placard on each door that is the means of access to a required passenger emergency exit, to indicate that it must be open during takeoff and landing. (i) A means for the crew, in an emergency to unlock each door that leads to a compartment that is normally accessible to passengers and that can be locked by passengers. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-5, 30 FR 6113, Apr. 30, 1965] Sec. 121.314 Cargo and baggage compartments. (a) After March 20, 1991, each Class C or D compartment, as defined in Sec. 25.857 of Part 25 of this Chapter, greater than 200 cubic feet in volume in a transport category airplane type certificated after January 1, 1958, must have ceiling and sidewall liner panels which are constructed of: (1) Glass fiber reinforced resin; (2) Materials which meet the test requirements of Part 25, Appendix F, Part III of this Chapter; or (3) In the case of liner installations approved prior to March 20, 1989, aluminum. (b) For compliance with this section, the term "liner" includes any design feature, such as a joint or fastener, which would affect the capability of the liner to safely contain a fire. [Doc. No. 25430, 54 FR 7389, Feb. 17, 1989] Sec. 121.315 Cockpit check procedure. (a) Each certificate holder shall provide an approved cockpit check procedure for each type of aircraft. (b) The approved procedures must include each item necessary for flight crewmembers to check for safety before starting engines, taking off, or landing, and in engine and systems emergencies. The procedures must be designed so that a flight crewmember will not need to rely upon his memory for items to be checked. (c) The approved procedures must be readily usable in the cockpit of each aircraft and the flight crew shall follow them when operating the aircraft. Sec. 121.316 Fuel tanks. Each turbine powered transport category airplane operated after October 30, 1991, must meet the requirements of Sec. 25.963(e) of this Chapter in effect on October 30, 1989. [Doc. No. 25614, 54 FR 40354, Sept. 29, 1989] Sec. 121.317 Passenger information. (a) No person may operate an airplane unless it is equipped with passenger information signs that meet the requirements of Sec. 25.791 of this chapter. The signs must be constructed so that the crewmembers can turn them on and off. (b) The "Fasten Seat Belt" sign shall be turned on during any movement on the surface, for each takeoff, for each landing, and at any other time considered necessary by the pilot in command. (c) No person may operate an aircraft on a flight segment on which smoking is prohibited unless the "No Smoking" passenger information signs are lighted during the entire flight segment, or one or more "No Smoking" placards meeting the requirements of Sec. 25.1541 are posted during the entire flight segment. If both the lighted signs and the placards are used, the signs must remain lighted during the entire flight segment. Smoking is prohibited on scheduled flight segments: (1) Between any two points within Puerto Rico, the United States Virgin Islands, the District of Columbia, or any State of the United States (other than Alaska or Hawaii) or between any two points in any one of the above- mentioned jurisdictions (other than Alaska or Hawaii); (2) Within the State of Alaska or within the State of Hawaii; or (3) Scheduled in the current Worldwide or North American Edition of the Official Airline Guide for 6 hours or less in duration and between any point listed in paragraph (c) (1) of this section and any point in Alaska or Hawaii, or between any point in Alaska and any point in Hawaii. (d) No person may operate a passenger-carrying airplane under this part unless at least one legible sign or placard that reads "Fasten Seat Belt While Seated" is visible from each passenger seat. These signs or placards need not meet the requirements of paragraph (a) of this section. (e) No person may operate an airplane unless there is installed in each lavatory a sign or placard that reads: "Federal law provides for a penalty of up to $2,000 for tampering with the smoke detector installed in this lavatory." These signs or placards need not meet the requirements of paragraph (a) of this section. (f) Each passenger required by Sec. 121.311(b) to occupy a seat or berth shall fasten his or her safety belt about him or her and keep it fastened while the "Fasten Seat Belt" sign is lighted. (g) No person may smoke while a "No Smoking" sign is lighted or if "No Smoking" placards are posted, except that the pilot in command may authorize smoking on the flight deck except during airplane movement on the surface, takeoff, or landing. (h) No person may smoke in any airplane lavatory. (i) No person may tamper with, disable, or destroy any smoke detector installed in any airplane lavatory. (j) On flight segments other than those described in paragraph (c) of this section, the "No Smoking" sign must be turned on during any movement on the surface, for each takeoff, for each landing, and at any other time considered necessary by the pilot in command. (k) Each passenger shall comply with instructions given him or her by crewmembers regarding compliance with paragraphs (f), (g), and (h) of this section. [Doc. No. 25590, Amdt. 121-196, 53 FR 12361, Apr. 13, 1988; 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar. 7, 1990; Amdt. 121-230, 57 FR 42673 Sept. 15, 1992] ***************************************************************************** 57 FR 42662, No. 179, Sept. 15, 1992 SUMMARY: This final rule amends the Federal Aviation Regulations by requiring operators and certificate holders to allow the use of approved child restraint systems and by updating certain regulations concerning passenger and crewmember safety, attitude indicators, and check airmen. This action is in response to requests from the public, consumer groups, and Congress; reports from FAA inspectors; and investigations and recommendations by the National Transportation Safety Board. The rule is intended to increase the safety of crewmembers and passengers on board aircraft and to update other operational amendments. EFFECTIVE DATE: October 15, 1992. ***************************************************************************** Sec. 121.318 Public address system. No person may operate an airplane with a seating capacity of more than 19 passengers unless it is equipped with a public address system which-- (a) Is capable of operation independent of the crewmember interphone system required by Sec. 121.319, except for handsets, headsets, microphones, selector switches, and signaling devices; (b) Is approved in accordance with Sec. 21.305 of this chapter; (c) Is accessible for immediate use from each of two flight crewmember stations in the pilot compartment; (d) For each required floor-level passenger emergency exit which has an adjacent flight attendant seat, has a microphone which is readily accessible to the seated flight attendant, except that one microphone may serve more than one exit, provided the proximity of the exits allows unassisted verbal communication between seated flight attendants; (e) Is capable of operation within 10 seconds by a flight attendant at each of those stations in the passenger compartment from which its use is accessible; (f) Is audible at all passenger seats, lavatories, and flight attendant seats and work stations; and (g) For transport category airplanes manufactured on or after November 27, 1990, meets the requirements of Sec. 25.1423 of this chapter. [Doc. No. 24995, 54 FR 43926, Oct. 27, 1989] Sec. 121.319 Crewmember interphone system. (a) After September 8, 1975, no person may operate an airplane with a seating capacity of more than 19 passengers unless the airplane is equipped with a crewmember interphone system that: (1) [Reserved] (2) Is capable of operation independent of the public address system required by Sec. 121.318(a) except for handsets, headsets, microphones, selector switches, and signaling devices; and (3) Meets the requirements of paragraph (b) of this section. (b) The crewmember interphone system required by paragraph (a) of this section must be approved in accordance with Sec. 21.305 of this chapter and meet the following requirements: (1) After December 1, 1980, it must provide a means of two-way communication between the pilot compartment and-- (i) Each passenger compartment; and (ii) Each galley located on other than the main passenger deck level. (2) It must be accessible for immediate use from each of two flight crewmember stations in the pilot compartment; (3) It must be accessible for use from at least one normal flight attendant station in each passenger compartment; (4) It must be capable of operation within 10 seconds by a flight attendant at those stations in each passenger compartment from which its use is accessible; and (5) For large turbojet-powered airplanes: (i) It must be accessible for use at enough flight attendant stations so that all floor-level emergency exits (or entryways to those exits in the case of exits located within galleys) in each passenger compartment are observable from one or more of those stations so equipped; (ii) It must have an alerting system incorporating aural or visual signals for use by flight crewmembers to alert flight attendants and for use by flight attendants to alert flight crewmembers; (iii) The alerting system required by paragraph (b)(5)(ii) of this section must have a means for the recipient of a call to determine whether it is a normal call or an emergency call; and (iv) When the airplane is on the ground, it must provide a means of two-way communication between ground personnel and either of at least two flight crewmembers in the pilot compartment. The interphone system station for use by ground personnel must be so located that personnel using the system may avoid visible detection from within the airplane. [Doc. No. 10865, Amdt. 121-105, 38 FR 21494, Aug. 9, 1973, as amended by Amdt. 121-121, 40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Sec. 121.321 [Reserved] Sec. 121.323 Instruments and equipment for operations at night. No person may operate an airplane at night unless it is equipped with the following instruments and equipment in addition to those required by Secs. 121.305 through 121.321: (a) Position lights. (b) An anti-collision light, for large airplanes. (c) Two landing lights. (d) Instrument lights providing enough light to make each required instrument, switch, or similar instrument, easily readable and installed so that the direct rays are shielded from the flight crewmembers' eyes and that no objectionable reflections are visible to them. There must be a means of controlling the intensity of illumination unless it is shown that nondimming instrument lights are satisfactory. (e) An airspeed-indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing. (f) A sensitive altimeter. Sec. 121.325 Instruments and equipment for operations under IFR or over- the-top. No person may operate an airplane under IFR or over-the-top conditions unless it is equipped with the following instruments and equipment, in addition to those required by Secs. 121.305 through 121.321: (a) An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing. (b) A sensitive altimeter. (c) Instrument lights providing enough light to make each required instrument, switch, or similar instrument, easily readable and so installed that the direct rays are shielded from the flight crewmembers' eyes and that no objectionable reflections are visible to them, and a means of controlling the intensity of illumination unless it is shown that nondimming instrument lights are satisfactory. Sec. 121.327 Supplemental oxygen: Reciprocating engine powered airplanes. (a) General. Except where supplemental oxygen is provided in accordance with Sec. 121.331, no person may operate an airplane unless supplemental oxygen is furnished and used as set forth in paragraphs (b) and (c) of this section. The amount of supplemental oxygen required for a particular operation is determined on the basis of flight altitudes and flight duration, consistent with the operation procedures established for each operation and route. (b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet up to and including 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers, for that part of the flight at those altitudes that is of more than 30 minutes duration. (2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers, during the entire flight time at those altitudes. (3) When a flight crewmember is required to use oxygen, he must use it continuously, except when necessary to remove the oxygen mask or other dispenser in connection with his regular duties. Standby crewmembers who are on call or are definitely going to have flight deck duty before completing the flight must be provided with an amount of supplemental oxygen equal to that provided for crewmembers on duty other than on flight deck duty. If a standby crewmember is not on call and will not be on flight deck duty during the remainder of the flight, he is considered to be a passenger for the purposes of supplemental oxygen requirements. (c) Passengers. Each certificate holder shall provide a supply of oxygen, approved for passenger safety, in accordance with the following: (1) For flights of more than 30 minutes duration at cabin pressure altitudes above 8,000 feet up to and including 14,000 feet, enough oxygen for 30 minutes for 10 percent of the passengers. (2) For flights at cabin pressure altitudes above 14,000 feet up to and including 15,000 feet, enough oxygen for that part of the flight at those altitudes for 30 percent of the passengers. (3) For flights at cabin pressure altitudes above 15,000 feet, enough oxygen for each passenger carried during the entire flight at those altitudes. (d) For the purposes of this subpart "cabin pressure altitude" means the pressure altitude corresponding with the pressure in the cabin of the airplane, and "flight altitude" means the altitude above sea level at which the airplane is operated. For airplanes without pressurized cabins, "cabin pressure altitude" and "flight altitude" mean the same thing. Sec. 121.329 Supplemental oxygen for sustenance: Turbine engine powered airplanes. (a) General. When operating a turbine engine powered airplane, each certificate holder shall equip the airplane with sustaining oxygen and dispensing equipment for use as set forth in this section: (1) The amount of oxygen provided must be at least the quantity necessary to comply with paragraphs (b) and (c) of this section. (2) The amount of sustaining and first-aid oxygen required for a particular operation to comply with the rules in this part is determined on the basis of cabin pressure altitudes and flight duration, consistent with the operating procedures established for each operation and route. (3) The requirements for airplanes with pressurized cabins are determined on the basis of cabin pressure altitude and the assumption that a cabin pressurization failure will occur at the altitude or point of flight that is most critical from the standpoint of oxygen need, and that after the failure the airplane will descend in accordance with the emergency procedures specified in the Airplane Flight Manual, without exceeding its operating limitations, to a flight altitude that will allow successful termination of the flight. (4) Following the failure, the cabin pressure altitude is considered to be the same as the flight altitude unless it is shown that no probable failure of the cabin or pressurization equipment will result in a cabin pressure altitude equal to the flight altitude. Under those circumstances, the maximum cabin pressure altitude attained may be used as a basis for certification or determination of oxygen supply, or both. (b) Crewmembers. Each certificate holder shall provide a supply of oxygen for crewmembers in accordance with the following: (1) At cabin pressure altitudes above 10,000 feet, up to and including 12,000 feet, oxygen must be provided for and used by each member of the flight crew on flight deck duty and must be provided for other crewmembers for that part of the flight at those altitudes that is of more than 30 minutes duration. (2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers during the entire flight at those altitudes. (3) When a flight crewmember is required to use oxygen, he must use it continuously except when necessary to remove the oxygen mask or other dispenser in connection with his regular duties. Standby crewmembers who are on call or are definitely going to have flight deck duty before completing the flight must be provided with an amount of supplemental oxygen equal to that provided for crewmembers on duty other than on flight duty. If a standby crewmember is not on call and will not be on flight deck duty during the remainder of the flight, he is considered to be a passenger for the purposes of supplemental oxygen requirements. (c) Passengers. Each certificate holder shall provide a supply of oxygen for passengers in accordance with the following: (1) For flights at cabin pressure altitudes above 10,000 feet, up to and including 14,000 feet, enough oxygen for that part of the flight at those altitudes that is of more than 30 minutes duration, for 10 percent of the passengers. (2) For flights at cabin pressure altitudes above 14,000 feet, up to and including 15,000 feet, enough oxygen for that part of the flight at those altitudes for 30 percent of the passengers. (3) For flights at cabin pressure altitudes above 15,000 feet, enough oxygen for each passenger carried during the entire flight at those altitudes. Sec. 121.331 Supplemental oxygen requirements for pressurized cabin airplanes: Reciprocating engine powered airplanes. (a) When operating a reciprocating engine powered airplane pressurized cabin, each certificate holder shall equip the airplane to comply with paragraphs (b) through (d) of this section in the event of cabin pressurization failure. (b) For crewmembers. When operating at flight altitudes above 10,000 feet, the certificate holder shall provide enough oxygen for each crewmember for the entire flight at those altitudes and not less than a two-hour supply for each flight crewmember on flight deck duty. The required two hours supply is that quantity of oxygen necessary for a constant rate of descent from the airplane's maximum certificated operating altitude to 10,000 feet in ten minutes and followed by 110 minutes at 10,000 feet. The oxygen required by Sec. 121.337 may be considered in determining the supplemental breathing supply required for flight crewmembers on flight deck duty in the event of cabin pressurization failure. (c) For passengers. When operating at flight altitudes above 8,000 feet, the certificate holder shall provide oxygen as follows: (1) When an airplane is not flown at a flight altitude above flight level 250, enough oxygen for 30 minutes for 10 percent of the passengers, if at any point along the route to be flown the airplane can safely descend to a flight altitude of 14,000 feet or less within four minutes. (2) If the airplane cannot descend to a flight altitude of 14,000 feet or less within four minutes, the following supply of oxygen must be provided: (i) For that part of the flight that is more than four minutes duration at flight altitudes above 15,000 feet, the supply required by Sec. 121.327(c)(3). (ii) For that part of the flight at flight altitudes above 14,000 feet, up to and including 15,000 feet, the supply required by Sec. 121.327(c)(2). (iii) For flight at flight altitudes above 8,000 feet up to and including 14,000 feet, enough oxygen for 30 minutes for 10 percent of the passengers. (3) When an airplane is flown at a flight altitude above flight level 250, enough oxygen for 30 minutes for 10 percent of the passengers for the entire flight (including emergency descent) above 8,000 feet, up to and including 14,000 feet, and to comply with Sec. 121.327(c) (2) and (3) for flight above 14,000 feet. (d) For the purposes of this section it is assumed that the cabin pressurization failure occurs at a time during flight that is critical from the standpoint of oxygen need and that after the failure the airplane will descend, without exceeding its normal operating limitations, to flight altitudes allowing safe flight with respect to terrain clearance. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976] Sec. 121.333 Supplemental oxygen for emergency descent and for first aid; turbine engine powered airplanes with pressurized cabins. (a) General. When operating a turbine engine powered airplane with a pressurized cabin, the certificate holder shall furnish oxygen and dispensing equipment to comply with paragraphs (b) through (e) of this section in the event of cabin pressurization failure. (b) Crewmembers. When operating at flight altitudes above 10,000 feet, the certificate holder shall supply enough oxygen to comply with Sec. 121.329, but not less than a two-hour supply for each flight crewmember on flight deck duty. The required two hours supply is that quantity of oxygen necessary for a constant rate of descent from the airplane's maximum certificated operating altitude to 10,000 feet in ten minutes and followed by 110 minutes at 10,000 feet. The oxygen required in the event of cabin pressurization failure by Sec. 121.337 may be included in determining the supply required for flight crewmembers on flight deck duty. (c) Use of oxygen masks by flight crewmembers. (1) When operating at flight altitudes above flight level 250, each flight crewmember on flight deck duty must be provided with an oxygen mask so designed that it can be rapidly placed on his face from its ready position, properly secured, sealed, and supplying oxygen upon demand; and so designed that after being placed on the face it does not prevent immediate communication between the flight crewmember and other crewmembers over the airplane intercommunication system. When it is not being used at flight altitudes above flight level 250, the oxygen mask must be kept in condition for ready use and located so as to be within the immediate reach of the flight crewmember while at his duty station. (2) When operating at flight altitudes above flight level 250, one pilot at the controls of the airplane shall at all times wear and use an oxygen mask secured, sealed, and supplying oxygen, except that the one pilot need not wear and use an oxygen mask while at or below flight level 410 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. The certificate holder shall also show that the mask can be put on without disturbing eye glasses and without delaying the flight crewmember from proceeding with his assigned emergency duties. The oxygen mask after being put on must not prevent immediate communication between the flight crewmember and other crewmembers over the airplane intercommunication system. (3) Notwithstanding paragraph (c)(2) of this section, if for any reason at any time it is necessary for one pilot to leave his station at the controls of the airplane when operating at flight altitudes above flight level 250, the remaining pilot at the controls shall put on and use his oxygen mask until the other pilot has returned to his duty station. (4) Before the takeoff of a flight, each flight crewmember shall personally preflight his oxygen equipment to insure that the oxygen mask is functioning, fitted properly, and connected to appropriate supply terminals, and that the oxygen supply and pressure are adequate for use. (d) Use of portable oxygen equipment by cabin attendants. Each attendant shall, during flight above flight level 250 flight altitude, carry portable oxygen equipment with at least a 15-minute supply of oxygen unless it is shown that enough portable oxygen units with masks or spare outlets and masks are distributed throughout the cabin to insure immediate availability of oxygen to each cabin attendant, regardless of his location at the time of cabin depressurization. (e) Passenger cabin occupants. When the airplane is operating at flight altitudes above 10,000 feet, the following supply of oxygen must be provided for the use of passenger cabin occupants: (1) When an airplane certificated to operate at flight altitudes up to and including flight level 250, can at any point along the route to be flown, descend safely to a flight altitude of 14,000 feet or less within four minutes, oxygen must be available at the rate prescribed by this part for a 30-minute period for at least 10 percent of the passenger cabin occupants. (2) When an airplane is operated at flight altitudes up to and including flight level 250 and cannot descend safely to a flight altitude of 14,000 feet within four minutes, or when an airplane is operated at flight altitudes above flight level 250, oxygen must be available at the rate prescribed by this part for not less than 10 percent of the passenger cabin occupants for the entire flight after cabin depressurization, at cabin pressure altitudes above 10,000 feet up to and including 14,000 feet and, as applicable, to allow compliance with Sec. 121.329(c) (2) and (3), except that there must be not less than a 10-minute supply for the passenger cabin occupants. (3) For first-aid treatment of occupants who for physiological reasons might require undiluted oxygen following descent from cabin pressure altitudes above flight level 250, a supply of oxygen in accordance with the requirements of Sec. 25.1443(d) must be provided for two percent of the occupants for the entire flight after cabin depressurization at cabin pressure altitudes above 8,000 feet, but in no case to less than one person. An appropriate number of acceptable dispensing units, but in no case less than two, must be provided, with a means for the cabin attendants to use this supply. (f) Passenger briefing. Before flight is conducted above flight level 250, a crewmember shall instruct the passengers on the necessity of using oxygen in the event of cabin depressurization and shall point out to them the location and demonstrate the use of the oxygen-dispensing equipment. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-11, 30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec. 20, 1976] Sec. 121.335 Equipment standards. (a) Reciprocating engine powered airplanes. The oxygen apparatus, the minimum rates of oxygen flow, and the supply of oxygen necessary to comply with Sec. 121.327 must meet the standards established in section 4b.651 of the Civil Air Regulations as in effect on July 20, 1950, except that if the certificate holder shows full compliance with those standards to be impracticable, the Administrator may authorize any change in those standards that he finds will provide an equivalent level of safety. (b) Turbine engine powered airplanes. The oxygen apparatus, the minimum rate of oxygen flow, and the supply of oxygen necessary to comply with Secs. 121.329 and 121.333 must meet the standards established in section 4b.651 of the Civil Air Regulations as in effect on September 1, 1958, except that if the certificate holder shows full compliance with those standards to be impracticable, the Administrator may authorize any changes in those standards that he finds will provide an equivalent level of safety. Sec. 121.337 Protective breathing equipment. (a) The certificate holder shall furnish approved protective breathing equipment (PBE) meeting the equipment, breathing gas, and communication requirements contained in paragraph (b) of this section. (b) Pressurized and nonpressurized cabin airplanes. Except as provided in paragraph (f) of this section, no person may operate a transport category airplane unless protective breathing equipment meeting the requirements of this section is provided as follows: (1) General. The equipment must protect the flightcrew from the effects of smoke, carbon dioxide or other harmful gases or an oxygen deficient environment caused by other than an airplane depressurization while on flight deck duty and must protect crewmembers from the above effects while combatting fires on board the airplane. (2) The equipment must be inspected regularly in accordance with inspection guidelines and the inspection periods established by the equipment manufacturer to ensure its condition for continued serviceability and immediate readiness to perform its intended emergency purposes. The inspection periods may be changed upon a showing by the certificate holder that the changes would provide an equivalent level of safety. (3) That part of the equipment protecting the eyes must not impair the wearer's vision to the extent that a crewmember's duties cannot be accomplished and must allow corrective glasses to be worn without impairment of vision or loss of the protection required by paragraph (b)(1) of this section. (4) The equipment, while in use, must allow the flightcrew to communicate using the airplane radio equipment and to communicate by interphone with each other while at their assigned duty stations. The equipment, while in use, must also allow crewmember interphone communications between each of two flight crewmember stations in the pilot compartment and at least one normal flight attendant station in each passenger compartment. (5) The equipment, while in use, must allow any crewmember to use the airplane interphone system at any of the flight attendant stations referred to in paragraph (b)(4) of this section. (6) The equipment may also be used to meet the supplemental oxygen requirements of this part provided it meets the oxygen equipment standards of Sec. 121.335 of this part. (7) Protective breathing gas duration and supply system equipment requirements are as follows: (i) The equipment must supply breathing gas for 15 minutes at a pressure altitude of 8,000 feet for the following: (A) Flight crewmembers while performing flight deck duties; and (B) Crewmembers while combatting an in-flight fire. (ii) The breathing gas system must be free from hazards in itself, in its method of operation, and in its effect upon other components. (iii) For breathing gas systems other than chemical oxygen generators, there must be a means to allow the crew to readily determine, during flight, the quantity of breathing gas available in each source of supply. (iv) For each chemical oxygen generator, the supply system equipment must meet the requirements of Sec. 25.1450 (b) and (c) of this chapter. (8) Protective breathing equipment with a fixed or portable breathing gas supply meeting the requirements of this section must be conveniently located on the flight deck and be easily accessible for immediate use by each required flight crewmember at his or her assigned duty station. (9) Protective breathing equipment with a portable breathing gas supply meeting the requirements of this section must be easily accessible and conveniently located for immediate use by crewmembers in combatting fires as follows: (i) One for use in each Class A, B, and E cargo compartment (as defined in Sec. 25.857 of this chapter) that is accessible to crewmembers in the compartment during flight. (ii) One PBE is required for each hand fire extinguisher located for use in a galley other than a galley located in a passenger, cargo, or crew compartment. (iii) One on the flight deck, except that the Administrator may authorize another location for this PBE if special circumstances exist that make compliance impractical and the proposed deviation would provide an equivalent level of safety. (iv) In each passenger compartment, one located within 3 feet of each hand fire extinguisher required by Sec. 121.309 of this part, except that the Administrator may authorize a deviation allowing locations of PBE more than 3 feet from required hand fire extinguisher locations if special circumstances exist that make compliance impractical and the proposed deviation provides an equivalent level of safety. (c) Equipment preflight. (1) Before each flight, each item of PBE at flight crewmember duty stations must be checked by the flight crewmember who will use the equipment to ensure that the equipment-- (i) For other than chemical oxygen generator systems, is functioning, is serviceable, fits properly (unless a universal-fit type), and is connected to supply terminals and that the breathing gas supply and pressure are adequate for use; and (ii) For chemical oxygen generator systems, is serviceable and fits properly (unless a universal-fit type). (2) Each item of PBE located at other than a flight crewmember duty station must be checked by a designated crewmember to ensure that each is properly stowed and serviceable, and, for other than chemical oxygen generator systems, the breathing gas supply is fully charged. Each certificate holder, in its operations manual, must designate at least one crewmember to perform those checks before he or she takes off in that airplane for his or her first flight of the day. (d) Compliance dates. (1) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the final compliance date for furnishing PBE for use in combatting in-flight fires aboard pressurized and nonpressurized airplanes is January 31, 1990, except that for all-cargo airplanes subject to the requirements of paragraph (b)(9)(i) of this section the compliance date is February 18, 1992. (2) Notwithstanding the provisions of paragraph (a) and (b) of this section, the compliance date for furnishing PBE for use by flight crewmembers while on flight deck duty on pressurized and nonpressurized airplanes is January 31, 1991, except that for nonpressurized cabin airplanes that must be retrofitted with a fixed breathing gas supply for PBE, the compliance date is February 18, 1992. [Doc. No. 24792, Amdt. 121-193, 52 FR 20957, June 3, 1987, as amended by Amdt. 121-204, 54 FR 22271, May 22, 1989; 55 FR 5551, Feb. 15, 1990; Amdt. 121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674, Sept. 15, 1992] ***************************************************************************** 57 FR 42662, No. 179, Sept. 15, 1992 SUMMARY: This final rule amends the Federal Aviation Regulations by requiring operators and certificate holders to allow the use of approved child restraint systems and by updating certain regulations concerning passenger and crewmember safety, attitude indicators, and check airmen. This action is in response to requests from the public, consumer groups, and Congress; reports from FAA inspectors; and investigations and recommendations by the National Transportation Safety Board. The rule is intended to increase the safety of crewmembers and passengers on board aircraft and to update other operational amendments. EFFECTIVE DATE: October 15, 1992. ***************************************************************************** Sec. 121.339 Emergency equipment for extended over-water operations. (a) Except where the Administrator, by amending the operations specifications of the certificate holder, requires the carriage of all or any specific items of the equipment listed below for any overwater operation, or upon application of the certificate holder, the Administrator allows deviation for a particular extended overwater operation, no person may operate an airplane in extended overwater operations without having on the airplane the following equipment: (1) A life preserver equipped with an approved survivor locator light, for each occupant of the airplane. (2) Enough life rafts (each equipped with an approved survivor locator light) of a rated capacity and buoyancy to accommodate the occupants of the airplane. Unless excess rafts of enough capacity are provided, the buoyancy and seating capacity of the rafts must accommodate all occupants of the airplane in the event of a loss of one raft of the largest rated capacity. (3) At least one pyrotechnic signaling device for each life raft. (4) A survival type emergency locator transmitter that after October 21, 1972, meets the applicable requirements of TSO-C91 except that, until December 30, 1975, the transmitter is not required to meet those requirements if its installation was approved before October 21, 1971, it was manufactured under a TSO Authorization issued against TSO-C61a and it transmits simultaneously on 121.5 and 243.0 MHz. Batteries used in this transmitter must be replaced (or recharged, if the battery is rechargeable) when the transmitter has been in use for more than 1 cumulative hour, and also when 50 percent of their useful life (or for rechargeable batteries, 50 percent of their useful life of charge), as established by the transmitter manufacturer under TSO-C91, paragraph (g)(2) has expired. The new expiration date for the replacement (or recharged) battery must be legibly marked on the outside of the transmitter. The battery useful life (or useful life of charge) requirements of this paragraph do not apply to batteries (such as water- activated batteries) that are essentially unaffected during probable storage intervals. (b) The required life rafts, life preservers, and survival type emergency locator transmitter must be easily accessible in the event of a ditching without appreciable time for preparatory procedures. This equipment must be installed in conspicuously marked, approved locations. (c) A survival kit, appropriately equipped for the route to be flown, must be attached to each required life raft. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53, 34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; Amdt. 121- 93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378, Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158, 45 FR 38348, June 9, 1980] Sec. 121.340 Emergency flotation means. (a) Except as provided in paragraph (b) of this section, after September 1, 1967, no person may operate a large airplane in any overwater operation unless it is equipped with life preservers in accordance with Sec. 121.339(a)(1), or with an approved flotation means for each occupant. This means must be within easy reach of each seated occupant and must be readily removable from the airplane. (b) Upon application by the air carrier or commercial operator, the Administrator may approve the operation of an airplane over water without the life preservers or flotation means required by paragraph (a) of this section, if the air carrier or commercial operator shows that the water over which the airplane is to be operated is not of such size and depth that life preservers or flotation means would be required for the survival of its occupants in the event the flight terminates in that water. [Doc. No. 6713, Amdt. 121-17, 31 FR 1147, Jan. 28, 1966, as amended by Amdt. 121-25, 32 FR 3223, Feb. 24, 1967] Sec. 121.341 Equipment for operations in icing conditions. (a) Unless an airplane is certificated under the transport category airworthiness requirements relating to ice protection, no person may operate an airplane in icing conditions unless it is equipped with means for the prevention or removal of ice on windshields, wings, empennage, propellers, and other parts of the airplane where ice formation will adversely affect the safety of the airplane. (b) No person may operate an airplane in icing conditions at night unless means are provided for illuminating or otherwise determining the formation of ice on the parts of the wings that are critical from the standpoint of ice accumulation. Any illuminating that is used must be of a type that will not cause glare or reflection that would handicap crewmembers in the performance of their duties. Sec. 121.342 Pitot heat indication systems. (a) Except as provided in paragraph (b) of this section, after April 12, 1981, no person may operate a transport category airplane equipped with a flight instrument pitot heating system unless the airplane is also equipped with an operable pitot heat indication system that complies with Sec. 25.1326 of this chapter in effect on April 12, 1978. (b) A certificate holder may obtain an extension of the April 12, 1981, compliance date specified in paragraph (a) of this section, but not beyond April 12, 1983, from the Director, Flight Standards Service if the certificate holder-- (1) Shows that due to circumstances beyond its control it cannot comply by the specified compliance date; and (2) Submits by the specified compliance date a schedule for compliance, acceptable to the Director, indicating that compliance will be achieved at the earliest practicable date. [Amdt. 121-175, 46 FR 43805, Aug. 31, 1981, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.343 Flight recorders. (a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of this section, no person may operate a large airplane that is certificated for operations above 25,000 feet altitude or is turbine-engine powered unless it is equipped with one or more approved flight recorders that record data from which the following may be determined within the ranges, accuracies, and recording intervals specified in Appendix B of this part: (1) Time; (2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; and (6) Time of each radio transmission either to or from air traffic control. (b) No person may operate a large airplane type certificated up to and including September 30, 1969, for operations above 25,000 feet altitude, or a turbine-engine powered airplane certificated before the same date, unless it is equipped before May 26, 1989 with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, and recording intervals specified in Appendix B of this part: (1) Time; (2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; and (6) Time of each radio transmission either to or from air traffic control. (c) No person may operate an airplane specified in paragraph (b) of this section unless it is equipped, before May 26, 1994 with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following imformation must be able to be determined within the ranges, accuracies and recording intervals specified in Appendix B of this part: (1) Time; (2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; (6) Time of each radio transmission either to or from air traffic control; (7) Pitch attitude; (8) Roll attitude; (9) Longitudinal acceleration; (10) Control column or pitch control surface position; and (11) Thrust of each engine. (d) No person may operate an airplane specified in paragraph (b) of this section that is manufactured after May 26, 1989, as well as airplanes specified in paragraph (a) of this section that have been type certificated after September 30, 1969, unless it is equipped with one or more approved flight recorders that utlitize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, and recording intervals specified in Apendix B of this part: (1) Time; (2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; (6) Time of each radio transmission either to or from air traffic control; (7) Pitch attitude; (8) Roll attitude; (9) Longitudinal acceleration; (10) Pitch trim position; (11) Control column or pitch control surface position; (12) Control wheel or lateral control surface position; (13) Rudder pedal or yaw control surface position; (14) Thrust of each engine; (15) Position of each thrust reverser; (16) Trailing edge flap or cockpit flap control position; and (17) Leading edge flap or cockpit flap control position. For the purpose of this section, "manufactured" means the point in time at which the airplane inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data. (e) After October 11, 1991, no person may operate a large airplane equipped with a digital data bus and ARINC 717 digital flight data acquisition unit (DFDAU) or equivalent unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. Any parameters specified in Appendix B of this part that are available on the digital data bus must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified. (f) After October 11, 1991, no person may operate an airplane specified in paragraph (b) of this section that is manufactured after October 11, 1991, nor an airplane specified in paragraph (a) of this section that has been type certificated after September 30, 1969, and manufactured after October 11, 1991, unless it is equipped with one or more flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The parameters specified in Appendix B of this part must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified. (g) Whenever a flight recorder required by this section is installed, it must be operated continuously from the instant the airplane begins the takeoff roll until it has completed the landing roll at an airport. (h) Except as provided in paragraph (i) of this section, and except for recorded data erased as authorized in this paragraph, each certificate holder shall keep the recorded data prescribed in paragraph (a), (b), (c), or (d) of this section, as appropriate, until the airplane has been operated for at least 25 hours of the operating time specified in Sec. 121.359(a). A total of 1 hour of recorded data may be erased for the purpose of testing the flight recorder or the flight recorder system. Any erasure made in accordance with this paragraph must be of the oldest recorded data accumulated at the time of testing. Except as provided in paragraph (i) of this section, no record need be kept more than 60 days. (i) In the event of an accident or occurrence that requires immediate notification of the National Transportation Safety Board under Part 830 of its regulations and that results in termination of the flight, the certificate holder shall remove the recording media from the airplane and keep the recorded data required by paragraph (a), (b), (c), or (d) of this section, as appropriate, for at least 60 days or for a longer period upon the request of the Board or the Administrator. (j) Each flight recorder required by this section must be installed in accordance with the requirements of Sec. 25.1459 of this chapter in effect on August 31, 1977. The correlation required by Sec. 25.1459(c) of this chapter need be established only on one airplane of any group of airplanes-- (1) That are of the same type; (2) On which the model flight recorder and its installation are the same; and (3) On which there is no difference in the type design with respect to the installation of those first pilot's instruments associated with the flight recorder. The most recent instrument calibration, including the recording medium from which this calibration is derived, and the recorder correlation must be retained by the certificate holder. (k) Each flight recorder required by this section that records the data specified in paragraph (a), (b), (c), or (d) of this section, as appropriate, must have an approved device to assist in locating that recorder under water. [Doc. No. 24418, Amdt. 121-191, 52 FR 9636, Mar. 25, 1987, as amended by Amdt. 121-197, 53 FR 26147, July 11, 1988] Sec. 121.345 Radio equipment. (a) No person may operate an airplane unless it is equipped with radio equipment required for the kind of operation being conducted. (b) Where two independent (separate and complete) radio systems are required by Secs. 121.347 and 121.349, each system must have an independent antenna installation except that, where rigidly supported nonwire antennas or other antenna installations of equivalent reliability are used, only one antenna is required. (c) ATC transponder equipment installed within the time periods indicated below must meet the performance and environmental requirements of the following TSO's: (1) Through January 1, 1992: (i) Any class of TSO-C74b or any class of TSO- C74c as appropriate, provided that the equipment was manufactured before January 1, 1990; or (ii) The appropriate class of TSO-C112 (Mode S). (2) After January 1, 1992: The appropriate class of TSO-C112 (Mode S). For purposes of paragraph (c) (2) of this section, "installation" does not include-- (i) Temporary installation of TSO-C74b or TSO-C74c substitute equipment, as appropriate, during maintenance of the permanent equipment; (ii) Reinstallation of equipment after temporary removal for maintenance; or (iii) For fleet operations, installation of equipment in a fleet aircraft after removal of the equipment for maintenance from another aircraft in the same operator's fleet. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-101, 37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb. 3, 1987] Sec. 121.347 Radio equipment for operations under VFR over routes navigated by pilotage. (a) No person may operate an airplane under VFR over routes that can be navigated by pilotage, unless it is equipped with the radio equipment necessary under normal operating conditions to fulfill the following: (1) Communicate with at least one appropriate ground station from any point on the route. (2) Communicate with appropriate traffic control facilities from any point in the control zone within which flights are intended. (3) Receive meteorological information from any point en route by either of two independent systems. One of the means provided to comply with this subparagraph may be used to comply with paragraphs (a)(1) and (2) of this section. (b) No person may operate an airplane at night under VFR over routes than can be navigated by pilotage unless that airplane is equipped with the radio equipment necessary under normal operating conditions to fulfill the functions specified in paragraph (a) of this section and to receive radio navigational signals applicable to the route flown, except that a marker beacon receiver or ILS receiver is not required. EFFECTIVE DATE NOTE: Amdt. 121-226, 56 FR 65663, Dec. 17, 1991, revised paragraph (a)(2) of Sec. 121.347 effective September 16, 1993. For the convenience of the user, the revised text is set forth as follows: Sec. 121.347 Radio equipment for operations under VFR over routes navigated by pilotage. (a) * * * (2) Communicate with appropriate traffic control facilities from any point within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport in which flights are intended. ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Sec. 121.349 Radio equipment for operations under VFR over routes not navigated by pilotage or for operations under IFR or over-the-top. (a) No person may operate an airplane under VFR over routes that cannot be navigated by pilotage or for operations conducted under IFR or over-the-top, unless the airplane is equipped with that radio equipment necessary under normal operating conditions to fulfill the functions specified in Sec. 121.347(a) and to receive satisfactorily by either of two independent systems radio navigational signals from all primary en route and approach navigational facilities intended to be used. However, only one marker beacon receiver providing visual and aural signals and one ILS receiver need be provided. Equipment provided to receive signals en route may be used to receive signals on approach, if it is capable of receiving both signals. (b) In the case of operation over routes on which navigation is based on low frequency radio range or automatic direction finding, only one low frequency radio range or ADF receiver need be installed if the airplane is equipped with two VOR receivers, and VOR navigational aids are so located and the airplane is so fueled that, in the case of failure of the low frequency radio range receiver or ADF receiver, the flight may proceed safely to a suitable airport, by means of VOR aids, and complete an instrument approach by use of the remaining airplane radio system. (c) Whenever VOR navigational receivers are required by paragraph (a) or (b) of this section, at least one approved distance measuring equipment unit (DME) capable of receiving and indicating distance information from VORTAC facilities must be installed on each airplane when operated in the 50 states and the District of Columbia. (d) If the distance measuring equipment (DME) becomes inoperative en route, the pilot shall notify ATC of that failure as soon as it occurs. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-19, 31 FR 6265, Apr. 23, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976] Sec. 121.351 Radio equipment for extended overwater operations and for certain other operations. (a) No person may conduct an extended overwater operation unless the airplane is equipped with the radio equipment necessary to comply with Sec. 121.349 and an independent system that complies with Sec. 121.347(a)(1). (b) No flag or supplemental air carrier or commercial operator may conduct an operation without the equipment specified in paragraph (a) of this section, if the Administrator finds that equipment to be necessary for search and rescue operations because of the nature of the terrain to be flown over. Sec. 121.353 Emergency equipment for operations over uninhabited terrain areas: flag and supplemental air carriers and commercial operators. Unless it has the following equipment, no flag or supplemental air carrier or commercial operator may conduct an operation over an uninhabited area or any other area that (in its operations specifications) the Administrator specifies requires equipment for search and rescue in case of an emergency: (a) Suitable pyrotechnic signaling devices. (b) A survival type emergency locator transmitter that after October 21, 1972, meets the applicable requirements of TSO-C91 except that, until December 30, 1975, the transmitter is not required to meet those requirements if its installation was approved before October 21, 1971, it was manufactured under a TSO Authorization issued against TSO-C61a and it transmits simultaneously on 121.5 and 243.0 MHz. Batteries used in this transmitter must be replaced (or recharged, if the battery is rechargeable) when the transmitter has been in use for more than 1 cumulative hour, and also when 50 percent of their useful life (or for rechargeable batteries, 50 percent of their useful life of charge), as established by the transmitter manufacturer under TSO-C91, paragraph (g)(2) has expired. The new expiration date for the replacement (or recharged) battery must be legibly marked on the outside of the transmitter. The battery useful life (or useful life of charge) requirements of this paragraph do not apply to batteries (such as water- activated batteries) that are essentially unaffected during probable storage intervals. (c) Enough survival kits, appropriately equipped for the route to be flown for the number of occupants of the airplane. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; Amdt. 121- 158, 45 FR 38348, June 9, 1980] Sec. 121.355 Equipment for operations on which specialized means of navigation are used. (a) No certificate holder may conduct an operation-- (1) Using Doppler Radar or an Inertial Navigation System outside the 48 contiguous States and the District of Columbia, unless such systems have been approved in accordance with Appendix G to this part; or (2) Using Doppler Radar or an Inertial Navigation System within the 48 contiguous States and the District of Columbia, or any other specialized means of navigation, unless it shows that an adequate airborne system is provided for the specialized navigation authorized for the particular operation. (b) Notwithstanding paragraph (a) of this section, Doppler Radar and Inertial Navigation Systems, and the training programs, maintenance programs, relevant operations manual material, and minimum equipment lists prepared in accordance therewith, approved before April 29, 1972, are not required to be approved in accordance with that paragraph. [Amdt. 121-89, 37 FR 6464, Mar. 30, 1972] Sec. 121.356 Traffic Alert and Collision Avoidance System. (a) Unless otherwise authorized by the Administrator, each certificate holder operating a large airplane that has a passenger seating configuration, excluding any pilot seat, of more than 30 seats, shall equip its airplanes with an approved TCAS II traffic alert and collision avoidance system and the appropriate class of Mode S transponder according to the following schedule: Date Required equipage December 30, 1990 At least 20% of all covered airplanes, if the certificate holder operates more than 30 such airplanes. December 30, 1991 50% of all covered airplanes. December 30, 1993 100% of all covered airplanes. (b) After February 9, 1995, no person may operate a combination cargo/ passenger airplane that has a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats unless it is equipped with an approved traffic alert and collision avoidance system. (c) The appropriate manuals required by Sec. 121.131 of this part shall contain the following information on the TCAS II System required by this section: (1) Appropriate procedures for-- (i) The operation of the equipment; and (ii) Proper flightcrew action with respect to the equipment. (2) An outline of all input sources that must be operative for the TCAS to function properly. [Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended at Amdt. 121-217, 55 FR 13247, Apr. 9, 1990] ***************************************************************************** 55 FR 13242, No. 68, Apr. 9, 1990 SUMMARY: This rule revises the schedule for installing Traffic Alert and Collision Avoidance Systems (TCAS II) on airplanes with more than 30 passenger seats. The TCAS II system will provide a collision avoidance capability that operates independently of the ground-based Air Traffic Control (ATC) system and in areas where there is no ATC coverage. Congress recently passed legislation permitting an extension of the schedule. This action implements the legislation, reduces the prospect that carriers will divert critical maintenance and modification resources away from other safety programs to meet the TCAS II schedule, and allows the FAA to evaluate the operation of TCAS II in the total ATC environment. EFFECTIVE DATE: May 9, 1990. ***************************************************************************** Sec. 121.357 Airborne weather radar equipment requirements. (a) No person may operate any airplane certificated under the transport category rules (except C-46 type airplanes), unless approved airborne weather radar equipment has been installed in the airplane. (b) [Reserved] (c) Each person operating a transport category airplane required to have approved airborne weather radar equipment installed shall, when using it under this part, operate it in accordance with the following: (1) Dispatch. No person may dispatch an airplane (or begin the flight of an airplane in the case of an air carrier or commercial operator that does not use a dispatch system) under IFR or night VFR conditions when current weather reports indicate that thunderstorms, or other potentially hazardous weather conditions that can be detected with airborne weather radar, may reasonably be expected along the route to be flown, unless the airborne weather radar equipment is in satisfactory operating condition. (2) If the airborne weather radar becomes inoperative en route, the airplane must be operated in accordance with the approved instructions and procedures specified in the operations manual for such an event. (d) This section does not apply to airplanes used solely within the State of Hawaii or within the State of Alaska and that part of Canada west of longitude 130 degrees W, between latitude 70 degrees N, and latitude 53 degrees N, or during any training, test, or ferry flight. (e) Notwithstanding any other provision of this chapter, an alternate electrical power supply is not required for airborne weather radar equipment. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-18, 31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976] Sec. 121.358 Low-altitude windshear system equipment requirements. (a) Airplanes manufactured after January 2, 1991. No person may operate a turbine-powered airplane manufactured after January 2, 1991, unless it is equipped with either an approved airborne windshear warning and flight guidance system, an approved airborne detection and avoidance system, or an approved combination of these systems. (b) Airplanes manufactured before January 3, 1991. Except as provided in paragraph (c) of this section, after January 2, 1991, no person may operate a turbine-powered airplane manufactured before January 3, 1991 unless it meets one of the following requirements as applicable. (1) The makes/models/series listed below must be equipped with either an approved airborne windshear warning and flight guidance system, an approved airborne detection and avoidance system, or an approved combination of these systems: (i) A-300-600; (ii) A-310--all series; (iii) A-320--all series; (iv) B-737-300, 400, and 500 series; (v) B-747-400; (vi) B-757--all series; (vii) B-767--all series; (viii) F-100--all series; (ix) MD-11--all series; and (x) MD-80 series equipped with an EFIS and Honeywell-970 digital flight guidance computer. (2) All other turbine-powered airplanes not listed above must be equipped with as a minimum requirement, an approved airborne windshear warning system. These airplanes may be equipped with an approved airborne windshear detection and avoidance system, or an approved combination of these systems. (c) Extension of the compliance date. A certificate holder may obtain an extension of the compliance date in paragraph (b) of this section if it obtains FAA approval of a retrofit schedule. To obtain approval of a retrofit schedule and show continued compliance with that schedule, a certificate holder must do the following: (1) Submit a request for approval of a retrofit schedule by June 1, 1990, to the Flight Standards Division Manager in the region of the certificate holding district office. (2) Show that all of the certificate holder's airplanes required to be equipped in accordance with this section will be equipped by the final compliance date established for TCAS II retrofit. (3) Comply with its retrofit schedule and submit status reports containing information acceptable to the Administrator. The initial report must be submitted by January 2, 1991, and subsequent reports must be submitted every six months thereafter until completion of the schedule. The reports must be submitted to the certificate holder's assigned Principal Avionics Inspector. (d) Definitions. For the purposes of this section the following definitions apply-- (1) "Turbine-powered airplane" includes, e.g., turbofan-, turbojet-, propfan-, and ultra-high bypass fan-powered airplanes. The definition specifically excludes turbopropeller-powered airplanes. (2) An airplane is considered manufactured on the date the inspection acceptance records reflect that the airplane is complete and meets the FAA Approved Type Design data. [Doc. No. 19110, Amdt. 121-216, 55 FR 13242, Apr. 9, 1990] ***************************************************************************** 55 FR 13236, No. 68, Apr. 9, 1990 SUMMARY: The FAA is amending the airborne low-altitude windshear equipment rule to: (1) Remove the requirement that windshear flight guidance equipment be installed on older airplanes; (2) amend the provision allowing for an extended compliance period based on an approved airplane retrofit schedule; and (3) provide for acceptance of alternative airplane equipment in the form of an approved airborne windshear detection and avoidance system (predictive systems). This rule allows certificate holders to install windshear equipment in coordination with the installation of traffic alert and collision avoidance system (TCAS II) equipment; the coordination will reduce the prospect that carriers will have to divert critical maintenance resources from other safety programs. EFFECTIVE DATE: May 9, 1990. ***************************************************************************** Sec. 121.359 Cockpit voice recorders. (a) No certificate holder may operate a large turbine engine powered airplane or a large pressurized airplane with four reciprocating engines unless an approved cockpit voice recorder is installed in that airplane and is operated continuously from the start of the use of the checklist (before starting engines for the purpose of flight), to completion of the final checklist at the termination of the flight. (b) Each certificate holder shall establish a schedule for completion, before the prescribed dates, of the cockpit voice recorder installations required by paragraph (a) of this section. In addition the certificate holder shall identify any airplane specified in paragraph (a) of this section he intends to discontinue using before the prescribed dates. (c) The cockpit voice recorder required by this section must meet the following application standards: (1) The requirements of Part 25 of this chapter in affect on August 31, 1977. (2) After September 1, 1980, each recorder container must-- (i) Be either bright orange or bright yellow; (ii) Have reflective tape affixed to the external surface to facilitate its location under water; and (iii) Have an approved underwater locating device on or adjacent to the container which is secured in such a manner that they are not likely to be separated during crash impact, unless the cockpit voice recorder, and the flight recorder required by Sec. 121.343, are installed adjacent to each other in such a manner that they are not likely to be separated during crash impact. (d) In complying with this section, an approved cockpit voice recorder having an erasure feature may be used, so that at any time during the operation of the recorder, information recorded more than 30 minutes earlier may be erased or otherwise obliterated. (e) For those aircraft equipped to record the uninterrupted audio signals received by a boom or a mask microphone, the flight crewmembers are required to use the boom microphone below 18,000 feet mean sea level. No person may operate a large turbine engine powered airplane or a large pressurized airplane with four reciprocating engines manufactured after October 11, 1991, or on which a cockpit voice recorder has been installed after October 11, 1991, unless it is equipped to record the uninterrupted audio signal received by a boom or mask microphone in accordance with Sec. 25.1457(c)(5) of this chapter. (f) In the event of an accident or occurrence requiring immediate notification of the National Transportation Safety Board under Part 830 of its regulations, which results in the termination of the flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the Administrator or the Board, for a longer period. Information obtained from the record is used to assist in determining the cause of accidents or occurrences in connection with investigations under Part 830. The Administrator does not use the record in any civil penalty or certificate action. [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-20, 31 FR 8912, June 28, 1966; Amdt. 121-23, 31 FR 15192, Dec. 3, 1966; Amdt. 121-32, 32 FR 13914, Oct. 6, 1967; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-135, 42 FR 36973, July 18, 1977; Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt. 121-197, 53 FR 26147, July 11, 1988] Sec. 121.360 Ground proximity warning-glide slope deviation alerting system. (a) Except as provided in paragraphs (b) and (h) of this section, after December 1, 1975, no person may operate a large turbine-powered airplane unless it is equipped with a ground proximity warning system that meets the performance and environmental standards of TSO-C92 or incorporates TSO- approved ground proximity warning equipment. (b) Ground proximity warning systems approved for use under this part and installed before June 5, 1975, may be used in lieu of equipment that meets the performance and environmental standards of TSO-C92 or is TSO-approved until January 1, 1977, except that the requirements of paragraph (c) of this section must be met. (c) For the ground proximity warning system required by this section, the Airplane Flight Manual shall contain-- (1) Appropriate procedures for-- (i) The use of the equipment; (ii) Proper flight crew action with respect to the equipment; (iii) Deactivation for planned abnormal and emergency conditions; (iv) Inhibition of Mode 4 warnings based on flaps being in other than the landing configuration if the system incorporates a Mode 4 flap warning inhibition control; and (2) An outline of all input sources that must be operating. (d) After September 1, 1976 (unless required earlier in the certificate holder's operations specifications), no person may deactivate a ground proximity warning system required by this section except in accordance with the procedures contained in the Airplane Flight Manual. (e) Whenever a ground proximity warning system required by this section is deactivated, an entry shall be made in the airplane maintenance record that includes the date and time of deactivation. (f) Except as provided in paragraph (g) of this section, after June 1, 1976, no person may operate a large turbine-powered airplane unless it is equipped with a ground proximity warning-glide slope deviation alerting system that meets the performance and environmental standards contained in TSO-C92a, or TSO-C92b or incorporates TSO-approved ground proximity warning- glide slope deviation alerting equipment. (g) Large turbine-powered airplanes being operated under the provisions of paragraph (b) of this section may be operated until January 1, 1977, without being equipped with the ground proximity warning-glide slope deviation alerting system required by paragraph (f) of this section. (h) A certificate holder may obtain an extension of the December 1, 1975, compliance date specified in paragraph (a) of this section, but not beyond June 1, 1976, from the Director, Flight Standards Service if, before December 1, 1975-- (1) It shows that due to circumstances beyond its control it cannot comply by that date; and (2) It has submitted by that date a schedule for compliance, acceptable to the Director, indicating that the system will be installed at the earliest practicable date. (i) No person may operate a turbojet powered airplane equipped with a system required by paragraph (f) of this section, that incorporates equipment that meets the performance and environmental standards of TSO-C92b or is approved under that TSO, using other than Warning Envelopes 1 or 3 for Warning Modes 1 and 4. [Amdt. 121-119, 40 FR 19638, May 6, 1975, as amended by Amdt. 121-122, 40 FR 42185, Sept. 11, 1975; Amdt. 121-125, 40 FR 50707, Oct. 31, 1975; Amdt. 121- 126, 40 FR 55314, Nov. 28, 1975; Amdt. 121-129, 41 FR 35071, Aug. 19, 1976] Subpart L--Maintenance, Preventive Maintenance, and Alterations Source: Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless otherwise noted. Sec. 121.361 Applicability. (a) Except as provided by paragraph (b) of this section, this subpart prescribes requirements for maintenance, preventive maintenance, and alternations for all certificate holders. (b) The Administrator may amend a certificate holder's operations specifications to permit deviation from those provisions of this subpart that would prevent the return to service and use of airframe components, powerplants, appliances, and spare parts thereof because those items have been maintained, altered, or inspected by persons employed outside the United States who do not hold U.S. airman certificates. Each certificate holder who uses parts under this deviation must provide for surveillance of facilities and practices to assure that all work performed on these parts is accomplished in accordance with the certificate holder's manual. [Amdt. 121-44, 33 FR 14406, Sept. 25, 1968] Sec. 121.363 Responsibility for airworthiness. (a) Each certificate holder is primarily responsible for-- (1) The airworthiness of its aircraft, including airframes, aircraft engines, propellers, appliances, and parts thereof; and (2) The performance of the maintenance, preventive maintenance, and alteration of its aircraft, including airframes, aircraft engines, propellers, appliances, emergency equipment, and parts thereof, in accordance with its manual and the regulations of this chapter. (b) A certificate holder may make arrangements with another person for the performance of any maintenance, preventive maintenance, or alterations. However, this does not relieve the certificate holder of the responsibility specified in paragraph (a) of this section. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 38 FR 22378, Aug. 20, 1973] Sec. 121.365 Maintenance, preventive maintenance, and alteration organization. (a) Each certificate holder that performs any of its maintenance (other than required inspections), preventive maintenance, or alterations, and each person with whom it arranges for the performance of that work must have an organization adequate to perform the work. (b) Each certificate holder that performs any inspections required by its manual in accordance with Sec. 121.369(b)(2) or (3) (in this subpart referred to as "required inspections") and each person with whom it arranges for the performance of that work must have an organization adequate to perform that work. (c) Each person performing required inspections in addition to other maintenance, preventive maintenance, or alterations, shall organize the performance of those functions so as to separate the required inspection functions from the other maintenance, preventive maintenance, and alteration functions. The separation shall be below the level of administrative control at which overall responsibility for the required inspection functions and other maintenance, preventive maintenance, and alteration functions are exercised. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3639, Mar. 19, 1965] Sec. 121.367 Maintenance, preventive maintenance, and alterations programs. Each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that-- (a) Maintenance, preventive maintenance, and alterations performed by it, or by other persons, are performed in accordance with the certificate holder's manual; (b) Competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations; and (c) Each aircraft released to service is airworthy and has been properly maintained for operation under this part. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 37 FR 28053, Dec. 20, 1972] Sec. 121.369 Manual requirements. (a) The certificate holder shall put in its manual a chart or description of the certificate holder's organization required by Sec. 121.365 and a list of persons with whom it has arranged for the performance of any of its required inspections, other maintenance, preventive maintenance, or alterations, including a general description of that work. (b) The certificate holder's manual must contain the programs required by Sec. 121.367 that must be followed in performing maintenance, preventive maintenance, and alterations of that certificate holder's airplanes, including airframes, aircraft engines, propellers, appliances, emergency equipment, and parts thereof, and must include at least the following: (1) The method of performing routine and nonroutine maintenance (other than required inspections), preventive maintenance, and alterations. (2) A designation of the items of maintenance and alteration that must be inspected (required inspections), including at least those that could result in a failure, malfunction, or defect endangering the safe operation of the aircraft, if not performed properly or if improper parts or materials are used. (3) The method of performing required inspections and a designation by occupational title of personnel authorized to perform each required inspection. (4) Procedures for the reinspection of work performed pursuant to previous required inspection findings ("buy-back procedures"). (5) Procedures, standards, and limits necessary for required inspections and acceptance or rejection of the items required to be inspected and for periodic inspection and calibration of precision tools, measuring devices, and test equipment. (6) Procedures to ensure that all required inspections are performed. (7) Instructions to prevent any person who performs any item of work from performing any required inspection of that work. (8) Instructions and procedures to prevent any decision of an inspector, regarding any required inspection from being countermanded by persons other than supervisory personnel of the inspection unit, or a person at that level of administrative control that has overall responsibility for the management of both the required inspection functions and the other maintenance, preventive maintenance, and alterations functions. (9) Procedures to ensure that required inspections, other maintenance, preventive maintenance, and alterations that are not completed as a result of shift changes or similar work interruptions are properly completed before the aircraft is released to service. (c) The certificate holder must set forth in its manual a suitable system (which may include a coded system) that provides for preservation and retrieval of information in a manner acceptable to the Administrator and that provides-- (1) A description (or reference to data acceptable to the Administrator) of the work performed; (2) The name of the person performing the work if the work is performed by a person outside the organization of the certificate holder; and (3) The name or other positive identification of the individual approving the work. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94, 37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973] Sec. 121.371 Required inspection personnel. (a) No person may use any person to perform required inspections unless the person performing the inspection is appropriately certificated, properly trained, qualified, and authorized to do so. (b) No person may allow any person to perform a required inspection unless, at that time, the person performing that inspection is under the supervision and control of an inspection unit. (c) No person may perform a required inspection if he performed the item of work required to be inspected. (d) Each certificated holder shall maintain, or shall determine that each person with whom it arranges to perform its required inspections maintains, a current listing of persons who have been trained, qualified, and authorized to conduct required inspections. The persons must be identified by name, occupational title, and the inspections that they are authorized to perform. The certificated holder (or person with whom it arranges to perform its required inspections) shall give written information to each person so authorized describing the extent of his responsibilities authorities, and inspectional limitations. The list shall be made available for inspection by the Administrator upon request. Sec. 121.373 Continuing analysis and surveillance. (a) Each certificate holder shall establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by another person. (b) Whenever the Administrator finds that either or both of the programs described in paragraph (a) of this section does not contain adequate procedures and standards to meet the requirements of this part, the certificate holder shall, after notification by the Administrator, make any changes in those programs that are necessary to meet those requirements. (c) A certificate holder may petition the Administrator to reconsider the notice to make a change in a program. The petition must be filed with the FAA Flight Standards District Office charged with the overall inspection of the certificate holder's operations within 30 days after the certificate holder receives the notice. Except in the case of an emergency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a decision by the Administrator. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.375 Maintenance and preventive maintenance training program. Each certificate holder or person performing maintenance or preventive maintenance functions for it shall have a training program to ensure that each person (including inspection personnel) who determines the adequacy of work done is fully informed about procedures and techniques and new equipment in use and is competent to perform his duties. Sec. 121.377 Maintenance and preventive maintenance personnel duty time limitations. Within the United States, each certificate holder (or person performing maintenance or preventive maintenance functions for it) shall relieve each person performing maintenance or preventive maintenance from duty for a period of at least 24 consecutive hours during any seven consecutive days, or the equivalent thereof within any one calendar month. Sec. 121.378 Certificate requirements. (a) Except for maintenance, preventive maintenance, alterations, and required inspections performed by repair stations certificated under the provisions of Subpart C of Part 145, each person who is directly in charge of maintenance, preventive maintenance, or alteration, and each person performing required inspections must hold an appropriate airman certificate. (b) For the purposes of this section, a person "directly in charge" is each person assigned to a position in which he is responsible for the work of a shop or station that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness. A person who is "directly in charge" need not physically observe and direct each worker constantly but must be available for consultation and decision on matters requiring instruction or decision from higher authority than that of the persons performing the work. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-21, 31 FR 10618, Aug. 9, 1966] Sec. 121.379 Authority to perform and approve maintenance, preventive maintenance, and alterations. (a) A certificate holder may perform, or it may make arrangements with other persons to perform, maintenance, preventive maintenance, and alterations as provided in its continuous airworthiness maintenance program and its maintenance manual. In addition, a certificate holder may perform these functions for another certificate holder as provided in the continuous airworthiness maintenance program and maintenance manual of the other certificate holder. (b) A certificate holder may approve any aircraft, airframe, aircraft engine, propeller, or appliance for return to service after maintenance, preventive maintenance, or alterations that are performed under paragraph (a) of this section. However, in the case of a major repair or major alteration, the work must have been done in accordance with technical data approved by the Administrator. [Amdt. 121-69, 35 FR 16793, Oct. 30, 1970] Sec. 121.380 Maintenance recording requirements. (a) Each certificate holder shall keep (using the system specified in the manual required in Sec. 121.369) the following records for the periods specified in paragraph (b) of this section: (1) All the records necessary to show that all requirements for the issuance of an airworthiness release under Sec. 121.709 have been met. (2) Records containing the following information: (i) The total time in service of the airframe. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The identification of the current inspection status of the aircraft, including the times since the last inspections required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives, including the method of compliance. (vi) A list of current major alterations to each airframe, engine, propeller, rotor, and appliance. (b) Each certificate holder shall retain the records required to be kept by this section for the following periods: (1) Except for the records of the last complete overhaul of each airframe, engine, propeller, rotor, and appliance, the records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records of the last complete overhaul of each airframe, engine, propeller, rotor, and appliance shall be retained until the work is superseded by work of equivalent scope and detail. (3) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (c) The certificate holder shall make all maintenance records required to be kept by this section available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). [Amdt. 121-94, 37 FR 15983, Aug. 9, 1972] Sec. 121.380a Transfer of maintenance records. Each certificate holder who sells a U.S. registered aircraft shall transfer to the purchaser, at the time of sale, the following records of that aircraft, in plain language form or in coded form at the election of the purchaser, if the coded form provides for the preservation and retrieval of information in a manner acceptable to the Administrator: (a) The record specified in Sec. 121.380(a)(2). (b) The records specified in Sec. 121.380(a)(1) which are not included in the records covered by paragraph (a) of this section, except that the purchaser may permit the seller to keep physical custody of such records. However, custody of records in the seller does not relieve the purchaser of his responsibility under Sec. 121.380(c) to make the records available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). [Amdt. 121-94, 37 FR 15984, Aug. 9, 1972] Subpart M--Airman and Crewmember Requirements Source: Docket No. 6258, 29 FR 19212, Dec. 31, 1964, unless otherwise noted. Sec. 121.381 Applicability. This subpart prescribes airman and crewmember requirements for all certificate holders. Sec. 121.383 Airman: Limitations on use of services. (a) No certificate holder may use any person as an airman nor may any person serve as an airman unless that person-- (1) Holds an appropriate current airman certificate issued by the FAA; (2) Has any required appropriate current airman and medical certificates in his possession while engaged in operations under this part; and (3) Is otherwise qualified for the operation for which he is to be used. (b) Each airman covered by paragraph (a)(2) of this section shall present either or both certificates for inspection upon the request of the Administrator. (c) No certificate holder may use the services of any person as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday. No person may serve as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday. [Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-144, 43 FR 22646, May 25, 1978] Sec. 121.385 Composition of flight crew. (a) No certificate holder may operate an airplane with less than the minimum flight crew in the airworthiness certificate or the airplane Flight Manual approved for that type airplane and required by this part for the kind of operation being conducted. (b) In any case in which this part requires the performance of two or more functions for which an airman certificate is necessary, that requirement is not satisfied by the performance of multiple functions at the same time by one airman. (c) The following minimum pilot crews apply: (1) Domestic air carriers. If a domestic air carrier is authorized to operate under IFR, or if it operates large aircraft, the minimum pilot crew is two pilots and the air carrier shall designate one pilot as pilot in command and the other second in command. (2) Flag air carriers. If a flag air carrier is authorized to operate under IFR, or if it operates large aircraft, the minimum pilot crew is two pilots. (3) Supplemental air carriers and Commercial operators. If a supplemental air carrier or commercial operator is authorized to operate helicopters under IFR, or if it operates large aircraft, the minimum pilot crew is two pilots and the supplemental air carrier or commercial operator shall designate one pilot as pilot in command and the other second in command. (d) On each flight requiring a flight engineer at least one flight crewmember, other than the flight engineer, must be qualified to provide emergency performance of the flight engineer's functions for the safe completion of the flight if the flight engineer becomes ill or is otherwise incapacitated. A pilot need not hold a flight engineer's certificate to perform the flight engineer's functions in such a situation. [Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Sec. 121.387 Flight engineer. No certificate holder may operate an airplane for which a type certificate was issued before January 2, 1964, having a maximum certificated takeoff weight of more than 80,000 pounds without a flight crewmember holding a current flight engineer certificate. For each airplane type certificated after January 1, 1964, the requirement for a flight engineer is determined under the type certification requirements of Sec. 25.1523. [Amdt. 121-4, 30 FR 6067, Apr. 29, 1965] Sec. 121.389 Flight navigator and specialized navigation equipment. (a) No certificate holder may operate an airplane outside the 48 contiguous States and the District of Columbia, when its position cannot be reliably fixed for a period of more than 1 hour, without-- (1) A flight crewmember who holds a current flight navigator certificate; or (2) Specialized means of navigation approved in accordance with Sec. 121.355 which enables a reliable determination to be made of the position of the airplane by each pilot seated at his duty station. (b) Notwithstanding paragraph (a) of this section, the Administrator may also require a flight navigator or special navigation equipment, or both, when specialized means of navigation are necessary for 1 hour or less. In making this determination, the Administrator considers-- (1) The speed of the airplane; (2) Normal weather conditions en route; (3) Extent of air traffic control; (4) Traffic congestion; (5) Area of navigational radio coverage at destination; (6) Fuel requirements; (7) Fuel available for return to point of departure or alternates; (8) Predication of flight upon operation beyond the point of no return; and (9) Any other factors he determines are relevant in the interest of safety. (c) Operations where a flight navigator or special navigation equipment, or both, are required are specified in the operations specifications of the air carrier or commercial operator. [Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Sec. 121.391 Flight attendants. (a) Each certificate holder shall provide at least the following flight attendants on each passenger-carrying airplane used: (1) For airplanes having a seating capacity of more than nine but less than 51 passengers--one flight attendant. (2) For airplanes having a seating capacity of more than 50 but less than 101 passengers--two flight attendants. (3) For airplanes having a seating capacity of more than 100 passengers-- two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers. (b) If, in conducting the emergency evacuation demonstration required under Sec. 121.291 (a) or (b), the certificate holder used more flight attendants than is required under paragraph (a) of this section for the maximum seating capacity of the airplane used in the demonstration, he may not, thereafter, take off that airplane-- (1) In its maximum seating capacity configuration with fewer flight attendants than the number used during the emergency evacuation demonstration; or (2) In any reduced seating capacity configuration with fewer flight attendants than the number required by paragraph (a) of this section for that seating capacity plus the number of flight attendants used during the emergency evacuation demonstration that were in excess of those required under paragraph (a) of this section. (c) The number of flight attendants approved under paragraphs (a) and (b) of this section are set forth in the certificate holder's operations specifications. (d) During takeoff and landing, flight attendants required by this section shall be located as near as practicable to required floor level exists and shall be uniformly distributed throughout the airplane in order to provide the most effective egress of passengers in event of an emergency evacuation. During taxi, flight attendants required by this section must remain at their duty stations with safety belts and shoulder harnesses fastened except to perform duties related to the safety of the airplane and its occupants. (e) At stops where passengers remain on board the aircraft and proceed on that aircraft to another destination, each certificate holder shall provide and maintain on board the aircraft during that stop at least one-half (rounded to the next lower figure in the case of a fraction) of the flight attendants as provided in paragraph (a) of this section or the same number of other personnel qualified in the emergency evacuation procedures for that aircraft as required in Sec. 121.417 provided those personnel are identified to the passengers, but never fewer than one such person. These persons shall be uniformly distributed throughout the airplane to provide the most effective egress of passengers in the event of an emergency evacuation. Should there be only one flight attendant on board the aircraft, that person will be located in accordance with the airline's FAA-approved operating procedures. During such stops when the flight attendant complement is fewer than required by Sec. 121.391(a), the certificate holder must ensure that the aircraft engines are shut down and at least one floor-level exit on that aircraft remains open during the stop and that such exit provides for the deplaning of passengers. [Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 FR 13268, Sept. 20, 1967; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 121-88, 37 FR 5606, Mar. 17, 1972; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-176, 46 FR 61454, Dec. 17, 1981; Amdt. 121-180, 47 FR 56463, Dec. 16, 1982] Sec. 121.395 Aircraft dispatcher: Domestic and flag air carriers. Each domestic and flag air carrier shall provide enough qualified aircraft dispatchers at each dispatch center to ensure proper operational control of each flight. Sec. 121.397 Emergency and emergency evacuation duties. (a) Each certificate holder shall, for each type and model of airplane, assigned to each category of required crewmember, as appropriate, the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. The certificate holder shall show those functions are realistic, can be practically accomplished, and will meet any reasonably anticipated emergency including the possible incapacitation of individual crewmembers or their inability to reach the passenger cabin because of shifting cargo in combination cargo-passenger airplanes. (b) The certificate holder shall describe in its manual the functions of each category of required crewmembers under paragraph (a) of this section. [Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30 FR 6727, May 18, 1965] Subpart N--Training Program Source: Amdt. 121-55, 35 FR 90, Jan. 3, 1970, unless otherwise noted. Sec. 121.400 Applicability and terms used. (a) This subpart prescribes the requirements applicable to each certificate holder for establishing and maintaining a training program for crewmembers, aircraft dispatchers, and other operations personnel, and for the approval and use of training devices in the conduct of the program. (b) For the purpose of this subpart, airplane groups are as follows: (1) Group I. Propeller driven, including-- (i) Reciprocating powered; and (ii) Turbopropeller powered. (2) Group II. Turbojet powered. (c) For the purpose of this subpart, the following terms and definitions apply: (1) Initial training. The training required for crewmembers and dispatchers who have not qualified and served in the same capacity on another airplane of the same group. (2) Transition training. The training required for crewmembers and dispatchers who have qualified and served in the same capacity on another airplane of the same group. (3) Upgrade training. The training required for crewmembers who have qualified and served as second in command or flight engineer on a particular airplane type, before they serve as pilot in command or second in command, respectively, on that airplane. (4) Differences training. The training required for crewmembers and dispatchers who have qualified and served on a particular type airplane, when the Administrator finds differences training is necessary before a crewmember serves in the same capacity on a particular variation of that airplane. (5) Programmed hours. The hours of training prescribed in this subpart which may be reduced by the Administrator upon a showing by the certificate holder that circumstances justify a lesser amount. (6) Inflight. Refers to maneuvers, procedures, or functions that must be conducted in the airplane. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as amended by Amdt. 121-104, 38 FR 14915, June 7, 1973] Sec. 121.401 Training program: General. (a) Each certificate holder shall: (1) Establish, obtain the appropriate initial and final approval of, and provide, a training program that meets the requirements of this subpart and Appendixes E and F and that insures that each crewmember, aircraft dispatcher, flight instructor, and check airman, and each person assigned duties for the carriage and handling of dangerous articles and magnetized materials, is adequately trained to perform his assigned duties. (2) Provide adequate ground and flight training facilities and properly qualified ground instructors for the training required by this subpart; (3) Provide and keep current with respect to each airplane type and, if applicable, the particular variations within that airplane type, appropriate training material, examinations, forms, instructions, and procedures for use in conducting the training and checks required by this part; and (4) Provide enough flight instructors, simulator instructors, and approved check airmen to conduct required flight training and flight checks, and simulator training courses permitted under this part. (b) Whenever a crewmember or aircraft dispatcher who is required to take recurrent training, a flight check, or a competence check, takes the check or completes the training in the calendar month before or after the calendar month in which that training or check is required, he is considered to have taken or completed it in the calendar month in which it was required. (c) Each instructor, supervisor, or check airman who is responsible for a particular ground training subject, segment of flight training, course of training, flight check, or competence check under this part shall certify as to the proficiency and knowledge of the crewmember, aircraft dispatcher, flight instructor, or check airman concerned upon completion of that training or check. That certification shall be made a part of the crewmember's or dispatcher's record. When the certification required by this paragraph is made by an entry in a computerized recordkeeping system, the certifying instructor, supervisor, or check airman must be identified with that entry. However, the signature of the certifying instructor, supervisor, or check airman is not required for computerized entries. (d) Training subjects that are applicable to more than one airplane or crewmember position and that have been satisfactorily completed in connection with prior training for another airplane or another crewmember position, need not be repeated during subsequent training other than recurrent training. (e) A person who progresses successfully through flight training, is recommended by his instructor or a check airman, and successfully completes the appropriate flight check for a check airman or the Administrator, need not complete the programmed hours of flight training for the particular airplane. However, whenever the Administrator finds that 20 percent of the flight checks given at a particular training base during the previous 6 months under this paragraph are unsuccessful, this paragraph may not be used by the certificate holder at that base until the Administrator finds that the effectiveness of the flight training there has improved. In the case of a certificate holder using a course of training permitted in Sec. 121.409(c), the Administrator may require the programmed hours of inflight training in whole or in part, until he finds the effectiveness of the flight training has improved as provided in paragraph (e) of this section. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121- 143, 43 FR 22642, May 25, 1978] Sec. 121.403 Training program: Curriculum. (a) Each certificate holder must prepare and keep current a written training program curriculum for each type of airplane with respect to dispatchers and each crewmember required for that type airplane. The curriculum must include ground and flight training required by this subpart. (b) Each training program curriculum must include: (1) A list of principal ground training subjects, including emergency training subjects, that are provided. (2) A list of all the training devices mockups, systems trainers, procedures trainers, or other training aids that the certificate holder will use. (3) Detailed descriptions or pictorial displays of the approved normal, abnormal, and emergency maneuvers, procedures and functions that will be performed during each flight training phase or flight check, indicating those maneuvers, procedures and functions that are to be performed during the inflight portions of flight training and flight checks. (4) A list of airplane simulators or other training devices approved under Sec. 121.407, including approvals for particular maneuvers, procedures, or functions. (5) The programmed hours of training that will be applied to each phase of training. (6) A copy of each statement issued by the Administrator under Sec. 121.405(d) for reduction of programmed hours of training. Sec. 121.404 Windshear training: Compliance dates. After January 2, 1991, no certificate holder may use a person as a flight crewmember unless that person has completed-- (a) Windshear ground training in accordance with Sec. 121.419 of this part. (b) Windshear flight training, if applicable, in accordance with Secs. 121.409, 121.424, and 121.427 of this part. [Doc. No. 19110, Amdt. 121-199, 53 FR 37696, Sept. 27, 1988] Sec. 121.405 Training program and revision: Initial and final approval. (a) To obtain initial and final approval of a training program, or a revision to an approved training program, each certificate holder must submit to the Administrator-- (1) An outline of the proposed program or revision, including an outline of the proposed or revised curriculum, that provides enough information for a preliminary evaluation of the proposed training program or revised training program; and (2) Additional relevant information as may be requested by the Administrator. (b) If the proposed training program or revision complies with this subpart the Administrator grants initial approval in writing after which the certificate holder may conduct the training in accordance with that program. The Administrator then evaluates the effectiveness of the training program and advises the certificate holder of deficiencies, if any, that must be corrected. (c) The Administrator grants final approval of the training program or revision if the certificate holder shows that the training conducted under the initial approval set forth in paragraph (b) of this section ensures that each person that successfully completes the training is adequately trained to perform his assigned duties. (d) In granting initial and final approval of training programs or revisions, including reductions in programmed hours specified in this subpart, the Administrator considers the training aids, devices, methods, and procedures listed in the certificate holder's curriculum as set forth in Sec. 121.403 that increase the quality and effectiveness of the teaching-learning process. If approval of reduced programmed hours of training is granted, the Administrator provides the certificate holder with a statement of the basis for the approval. (e) Whenever the Administrator finds that revisions are necessary for the continued adequacy of a training program that has been granted final approval, the certificate holder shall, after notification by the Administrator, make any changes in the program that are found necessary by the Administrator. Within 30 days after the certificate holder receives such notice, it may file a petition to reconsider the notice with the FAA Flight Standards District Office charged with the overall inspection of the certificate holder's operations. The filing of a petition to reconsider stays the notice pending a decision by the Administrator. However, if the Administrator finds that there is an emergency that requires immediate action in the interest of safety in air transportation, he may, upon a statement of the reasons, require a change effective without stay. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.407 Training program: Approval of airplane simulators and other training devices. (a) Each airplane simulator and other training device that is used in a training course permitted under Sec. 121.409, in checks required under Subpart O of this part or as permitted in Appendices E and F to this part must: (1) Be specifically approved for-- (i) The certificate holder; (ii) The type airplane and, if applicable, the particular variation within type, for which the training or check is being conducted; and (iii) The particular maneuver, procedure, or crewmember function involved. (2) Maintain the performance, functional, and other characteristics that are required for approval. (3) Be modified to conform with any modification to the airplane being simulated that results in changes to performance, functional, or other characteristics required for approval. (4) Be given a daily functional preflight check before being used. (5) Have a daily discrepancy log kept with each discrepancy entered in that log by the appropriate instructor or check airman at the end of each training or check flight. (b) A particular airplane simulator or other training device may be approved for use by more than one certificate holder. (c) An airplane simulator may be used instead of the airplane to satisfy the in-flight requirements of Secs. 121.439 and 121.441 and Appendices E and F of this part, if the simulator-- (1) Is approved under this section and meets the appropriate simulator requirements of Appendix H of this part; and (2) Is used as part of an approved program that meets the training requirements of Sec. 121.424 (a) and (c) and Appendix H of this part. (d) An airplane simulator approved under this section must be used instead of the airplane to satisfy the pilot flight training requirements prescribed in the certificate holder's approved low-altitude windshear flight training program set forth in Sec. 121.409(d) of this part. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161, 45 FR 44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988] Sec. 121.409 Training courses using airplane simulators and other training devices. (a) Training courses utilizing airplane simulators and other training devices may be included in the certificate holder's approved training program for use as provided in this section. (b) A course of training in an airplane simulator may be included for use as provided in Sec. 121.441 if that course-- (1) Provides at least 4 hours of training at the pilot controls of an airplane simulator as well as a proper briefing before and after the training; (2) Provides training in at least the procedures and maneuvers set forth in Appendix F to this part; or (3) Provides line-oriented training that-- (i) Utilizes a complete flight crew; (ii) Includes at least the maneuvers and procedures (abnormal and emergency) that may be expected in line operations; (iii) Is representative of the flight segment appropriate to the operations being conducted by the certificate holder; and (4) Is given by an instructor who meets the applicable requirements of Sec. 121.411. The satisfactory completion of the course of training must be certified by either the Administrator or a qualified check airman. (c) The programmed hours of flight training set forth in this subpart do not apply if the training program for the airplane type includes-- (1) A course of pilot training in an airplane simulator as provided in Sec. 121.424(d); or (2) A course of flight engineer training in an airplane simulator or other training device as provided in Sec. 121.425(c). (d) Each certificate holder required to comply with Sec. 121.358 of this part must use an approved simulator for each airplane type in each of its pilot training courses that provides training in at least the procedures and maneuvers set forth in the certificate holder's approved low-altitude windshear flight training program. The approved low-altitude windshear flight training, if applicable, must be included in each of the pilot flight training courses prescribed in Secs. 121.409(b), 121.418, 121.424, and 121.427 of this part. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt. 121- 199, 53 FR 37696, Sept. 27, 1988] Sec. 121.411 Training program; Check airman and instructor qualifications. (a) No certificate holder may use a person nor may any person serve as a flight instructor or check airman in a training program established under this subpart unless, with respect to the particular airplane type involved, that person-- (1) Holds the airman certificates and ratings that must be held in order to serve as a pilot in command, a flight engineer, or a flight navigator, as appropriate, in operations under this part; (2) Has satisfactorily completed the appropriate training phases for the airplane, including recurrent training, that are required in order to serve as a pilot in command, flight engineer, or flight navigator in operations under this part; (3) Has satisfactorily completed the appropriate proficiency or competence checks that are required in order to serve as a pilot in command, flight enginers, or flight navigator in operations under this part; (4) Has satisfactorily completed the applicable training requirements of Sec. 121.413; (5) In the case of a check airman, has been approved for the airplane and the check airman duties involved; and (6) Holds at least a Class III medical certificate. However, pilot check airmen who have passed their 60th birthday or check airmen who do not hold an appropriate medical certificate may not serve as a flight crewmember in operations under this part. (b) No certificate holder may use a person nor may any person serve as a simulator instructor for a course of training given in an airplane simulator as provided in Sec. 121.409(b) unless that person-- (1) Holds an airline transport pilot certificate; and (2) Has satisfactorily completed for a check airman or for the Administrator-- (i) Appropriate initial pilot ground training and ground training for a flight instructor as provided in Sec. 121.413; and (ii) A simulator flight training course in the type airplane simulator in which that person instructs as provided by Sec. 121.409(c). (c) Notwithstanding paragraphs (a) and (b) of this section, a person who was designated as a check airman, a flight instructor, or a simulator instructor before December 22, 1969, may continue to serve as such, with respect to the particular type airplane involved, without completing the training specified in Sec. 121.413. Sec. 121.413 Check airmen and flight instructors: Initial and transition training. (a) The initial and transition ground training for pilot check airmen must include the following: (1) Pilot check airman duties, functions, and responsibilities. (2) The applicable Federal Aviation Regulations and the certificate holder's policy and procedures. (3) The appropriate methods, procedures, and techniques for conducting the required checks. (4) Proper evaluation of pilot performance including the detection of-- (i) Improper and insufficient training; and (ii) Personal characteristics that could adversely affect safety. (5) The appropriate corrective action in the case of unsatisfactory checks. (6) The approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures in the airplane. (b) The initial and transition ground training for pilot flight instructors must include the following: (1) The fundamental principles of the teaching-learning process. (2) Teaching methods and procedures. (3) The instructor-student relationship. However, paragraphs (b) (1), (2), and (3) of this section are not required for the holder of a flight instructor certificate. (c) The initial and transition flight training for pilot check airmen and pilot flight instructors must include the following: (1) Enough inflight training and practice in conducting flight checks from the left and right pilot seats in the required normal, abnormal, and emergency maneuvers to insure his competence to conduct the pilot flight checks and flight training required by this part. (2) The appropriate safety measures to be taken from either pilot seat for emergency situations that are likely to develop in training. (3) The potential results of improper or untimely safety measures during training. The requirements of paragraphs (c) (2) and (3) of this section may be accomplished inflight or in an approved simulator. (d) The initial and transition ground and flight training for flight engineer and flight navigator flight instructors and check airmen must be adequate to insure competence to perform their assigned duties. Sec. 121.415 Crewmember and dispatcher training requirements. (a) Each training program must provide the following ground training as appropriate to the particular assignment of the crewmember or dispatcher: (1) Basic indoctrination ground training for newly hired crewmembers or dispatchers including 40 programmed hours of instruction, unless reduced under Sec. 121.405 or as specified in Sec. 121.401(d), in at least the following-- (i) Duties and responsibilities of crewmembers or dispatchers, as applicable; (ii) Appropriate provisions of the Federal Aviation Regulations; (iii) Contents of the certificate holder's operating certificate and operations specifications (not required for flight attendants); and (iv) Appropriate portions of the certificate holder's operating manual. (2) The initial and transition ground training specified in Secs. 121.419 through 121.422, as applicable. (3) Emergency training as specified in Sec. 121.417 (not required for dispatchers). (b) Each training program must provide the flight training specified in Secs. 121.424 through 121.426, as applicable. (c) Each training program must provide recurrent ground and flight training as provided in Sec. 121.427. (d) Each training program must provide the differences training specified in Sec. 121.418 if the Administrator finds that, due to differences between airplanes of the same type operated by the certificate holder, additional training is necessary to insure that each crewmember and dispatcher is adequately trained to perform his assigned duties. (e) Upgrade training as specified in Secs. 121.419 and 121.424 for a particular type airplane may be included in the training program for crewmembers who have qualified and served as second in command pilot or flight engineer on that airplane. (f) Particular subjects, maneuvers, procedures, or parts thereof specified in Secs. 121.419 through 121.425 for transition or upgrade training, as applicable, may be omitted, or the programmed hours of ground instruction or inflight training may be reduced, as provided in Sec. 121.405. (g) In addition to initial, transition, upgrade, recurrent and differences training, each training program must also provide ground and flight training, instruction, and practice as necessary to insure that each crewmember and dispatcher-- (1) Remains adequately trained and currently proficient with respect to each airplane, crewmember position, and type of operation in which he serves; and (2) Qualifies in new equipment, facilities, procedures, and techniques, including modifications to airplanes. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 FR 47229, Oct. 28, 1976] Sec. 121.417 Crewmember emergency training. (a) Each training program must provide the emergency training set forth in this section with respect to each airplane type, model, and configuration, each required crewmember, and each kind of operation conducted, insofar as appropriate for each crewmember and the certificate holder. (b) Emergency training must provide the following: (1) Instruction in emergency assignments and procedures, including coordination among crewmembers. (2) Individual instruction in the location, function, and operation of emergency equipment including-- (i) Equipment used in ditching and evacuation; (ii) First aid equipment and its proper use; (iii) Portable fire extinguishers, with emphasis on type of extinguisher to be used on different classes of fires; and (iv) Emergency exits in the emergency mode with the evacuation slide/raft pack attached (if applicable), with training emphasis on the operation of the exits under adverse conditions. (3) Instruction in the handling of emergency situations including-- (i) Rapid decompression; (ii) Fire in flight or on the surface, and smoke control procedures with emphasis on electrical equipment and related circuit breakers found in cabin areas including all galleys, service centers, lifts, lavatories and movie screens; (iii) Ditching and other evacuation, including the evacuation of persons and their attendants, if any, who may need the assistance of another person to move expeditiously to an exit in the event of an emergency. (iv) Illness, injury, or other abnormal situations involving passengers or crewmembers to include familiarization with the emergency medical kit; and (v) Hijacking and other unusual situations. (4) Review and discussion of previous aircraft accidents and incidents pertaining to actual emergency situations. (c) Each crewmember must accomplish the following emergency training during the specified training periods, using those items of installed emergency equipment for each type of airplane in which he or she is to serve (Alternate recurrent training required by Sec. 121.433(c) of this part may be accomplished by approved pictorial presentation or demonstration): (1) One-time emergency drill requirements to be accomplished during initial training. Each crewmember must perform-- (i) At least one approved protective breathing equipment (PBE) drill in which the crewmember combats an actual or simulated fire using at least one type of installed hand fire extinguisher or approved fire extinguisher that is appropriate for the type of actual fire or simulated fire to be fought while using the type of installed PBE required by Sec. 121.337 or approved PBE simulation device as defined by paragraph (d) of this section for combatting fires aboard airplanes; (ii) At least one approved firefighting drill in which the crewmember combats an actual fire using at least one type of installed hand fire extinguisher or approved fire extinguisher that is appropriate for the type of fire to be fought. This firefighting drill is not required if the crewmember performs the PBE drill of paragraph (c)(1)(i) by combating an actual fire; and (iii) An emergency evacuation drill with each person egressing the airplane or approved training device using at least one type of installed emergency evacuation slide. The crewmember may either observe the airplane exits being opened in the emergency mode and the associated exit slide/raft pack being deployed and inflated, or perform the tasks resulting in the accomplishment of these actions. (2) Additional emergency drill requirements to be accomplished during initial training and once each 24 calendar months during recurrent training. Each crewmember must-- (i) Perform the following emergency drills and operate the following equipment: (A) Each type of emergency exit in the normal and emergency modes, including the actions and forces required in the deployment of the emergency evacuation slides; (B) Each type of installed hand fire extinguisher; (C) Each type of emergency oxygen system to include protective breathing equipment; (D) Donning, use, and inflation of individual flotation means, if applicable; and (E) Ditching, if applicable, including but not limited to, as appropriate: (1) Cockpit preparation and procedures; (2) Crew coordination; (3) Passenger briefing and cabin preparation; (4) Donning and inflation of life preservers; (5) Use of life-lines; and (6) Boarding of passengers and crew into raft or a slide/raft pack. (ii) Observe the following drills: (A) Removal from the airplane (or training device) and inflation of each type of life raft, if applicable; (B) Transfer of each type of slide/raft pack from one door to another; (C) Deployment, inflation, and detachment from the airplane (or training device) of each type of slide/raft pack; and (D) Emergency evacuation including the use of a slide. (d) After September 1, 1993, no crewmember may serve in operations under this part unless that crewmember has performed the PBE drill and the firefighting drill described by paragraphs (c)(1)(i) and (c)(1)(ii) of this section, as part of a one-time training requirement of paragraphs (c)(1) or (c)(2) of this section as appropriate. Any crewmember who performs the PBE drill and the firefighting drill prescribed in paragraphs (c)(1)(i) and (c)(1)(ii) of this section after May 26, 1987, is deemed to be in compliance with this regulation upon presentation of information or documentation, in a form and manner acceptable to the Director, Flight Standards Service, showing that the appropriate drills have been accomplished. (e) Crewmembers who serve in operations above 25,000 feet must receive instruction in the following: (1) Respiration. (2) Hypoxia. (3) Duration of consciousness without supplemental oxygen at altitude. (4) Gas expansion. (5) Gas bubble formation. (6) Physical phenomena and incidents of decompression. (f) For the purposes of this section the following definitions apply: (1) Actual fire means an ignited combustible material, in controlled conditions, of sufficient magnitude and duration to accomplish the training objectives outlined in paragraphs (c)(1)(i) and (c)(1)(ii) of this section. (2) Approved fire extinguisher means a training device that has been approved by the Administrator for use in meeting the training requirements of Sec. 121.417(c). (3) Approved PBE simulation device means a training device that has been approved by the Administrator for use in meeting the training requirements of Sec. 121.417(c). (4) Combats, in this context, means to properly fight an actual or simulated fire using an appropriate type of fire extinguisher until that fire is extinguished. (5) Observe means to watch without participating actively in the drill. (6) PBE drill means an emergency drill in which a crewmember demonstrates the proper use of protective breathing equipment while fighting an actual or simulated fire. (7) Perform means to satisfactorily accomplish a prescribed emergency drill using established procedures that stress the skill of the persons involved in the drill. (8) Simulated fire means an artificial duplication of smoke or flame used to create various aircraft firefighting scenarios, such as lavatory, galley oven, and aircraft seat fires. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970 as amended by Amdt. No. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-144, 43 FR 22647, May 25, 1978; Amdt. 121-148, 43 FR 46234, Oct. 5, 1978; Amdt. 121-151, 44 FR 25202, Apr. 30, 1979; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982; Amdt. 121-188, 51 FR 1223, Jan. 9, 1986; Amdt 121-193, 52 FR 20958, June 3, 1987; Amdt. 121-204, 54 FR 22271, May 22, 1989; Amdt. 121-220, 55 FR 51079, Dec. 11, 1990; Amdt. 121-234, 58 FR 46504, Sept. 1, 1993] ***************************************************************************** 58 FR 46500, No. 168, Sept. 1, 1993 SUMMARY: The FAA revises the current regulations requiring Part 121 crewmembers to perform an approved firefighting drill using protective breathing equipment (PBE). The current rule requiring training of Part 121 crewmembers in the use of protective breathing equipment (PBE) requires the use of the PBE while fighting an actual fire. This final rule will permit air carriers to use a simulated fire during PBE training if their training includes an additional firefighting drill with an actual fire. This action was prompted by a letter from the Association of Flight Attendants (AFA) and petitions for exemption from Pan American World Airways (Pan Am) and United Airlines, Inc. The objective of the amendment is to ensure that each crewmember accomplishes a firefighting drill in which the crewmember combats an actual fire in addition to, or combined with, a PBE drill. DATES: This final rule is effective September 1, 1993. ***************************************************************************** Sec. 121.418 Differences training: Crewmembers and dispatchers. (a) Differences training for crewmembers and dispatchers must consist of at least the following as applicable to their assigned duties and responsibilities: (1) Instruction in each appropriate subject or part thereof required for initial ground training in the airplane unless the Administrator finds that particular subjects are not necessary. (2) Flight training in each appropriate maneuver or procedure required for initial flight training in the airplane unless the Administrator finds that particular maneuvers or procedures are not necessary. (3) The number of programmed hours of ground and flight training determined by the Administrator to be necessary for the airplane, the operation, and the crewmember or aircraft dispatcher involved. Differences training for all variations of a particular type airplane may be included in initial, transition, upgrade, and recurrent training for the airplane. Sec. 121.419 Pilots and flight engineers: Initial, transition, and upgrade ground training. (a) Initial, transition, and upgrade ground training for pilots and flight engineers must include instruction in at least the following as applicable to their assigned duties: (1) General subjects-- (i) The certificate holder's dispatch or flight release procedures; (ii) Principles and methods for determining weight and balance, and runway limitations for takeoff and landing; (iii) Enough meteorology to insure a practical knowledge of weather phenomena, including the principles of frontal systems, icing, fog, thunderstorms, and high altitude weather situations; (iv) Air traffic control systems, procedures, and phraseology; (v) Navigation and the use of navigation aids, including instrument approach procedures; (vi) Normal and emergency communication procedures; (vii) Visual cues prior to and during descent below DH or MDA; and (viii) Other instructions as necessary to ensure his competence. (2) For each airplane type-- (i) A general description; (ii) Performance characteristics; (iii) Engines and propellers; (iv) Major components; (v) Major airplane systems (i.e., flight controls, electrical, hydraulic); other systems as appropriate; principles of normal, abnormal, and emergency operations; appropriate procedures and limitations; (vi) Procedures for-- (A) Recognizing and avoiding severe weather situations; (B) Escaping from severe weather situations, in case of inadvertent encounters, including low-altitude windshear, and (C) Operating in or near thunderstorms (including best penetrating altitudes), turbulent air (including clear air turbulence), icing, hail, and other potentially hazardous meteorological conditions; (vii) Operating limitations; (viii) Fuel consumption and cruise control; (ix) Flight planning; (x) Each normal and emergency procedure; and (xi) The approved Airplane Flight Manual. (b) Initial ground training for pilots and flight engineers must consist of at least the following programmed hours of instruction in the required subjects specified in paragraph (a) of this section and in Sec. 121.415(a) unless reduced under Sec. 121.405: (1) Group I airplanes-- (i) Reciprocating powered, 64 hours; and (ii) Turbopropeller powered, 80 hours. (2) Group II airplanes, 120 hours. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 FR 37696, Sept. 27, 1988] Sec. 121.420 Flight navigators: Initial and transition ground training. (a) Initial and transition ground training for flight navigators must include instruction in the subjects specified in Sec. 121.419(a) as appropriate to his assigned duties and responsibilities and in the following with respect to the particular type airplane: (1) Limitations on climb, cruise, and descent speeds. (2) Each item of navigational equipment installed including appropriate radio, radar, and other electronic equipment. (3) Airplane performance. (4) Airspeed, temperature, and pressure indicating instruments or systems. (5) Compass limitations and methods of compensation. (6) Cruise control charts and data, including fuel consumption rates. (7) Any other instruction as necessary to ensure his competence. (b) Initial ground training for flight navigators must consist of at least the following programmed hours of instruction in the subjects specified in paragraph (a) of this section and in Sec. 121.415(a) unless reduced under Sec. 121.405: (1) Group I airplanes-- (i) Reciprocating powered, 16 hours; and (ii) Turbopropeller powered; 32 hours. (2) Group II airplanes, 32 hours. Sec. 121.421 Flight attendants: Initial and transition ground training. (a) Initial and transition ground training for flight attendants must include instruction in at least the following: (1) General subjects-- (i) The authority of the pilot in command; and (ii) Passenger handling, including the procedures to be followed in the case of deranged persons or other persons whose conduct might jeopardize safety. (2) For each airplane type-- (i) A general description of the airplane emphasizing physical characteristics that may have a bearing on ditching, evacuation, and inflight emergency procedures and on other related duties; (ii) The use of both the public address system and the means of communicating with other flight crewmembers, including emergency means in the case of attempted hijacking or other unusual situations; and (iii) Proper use of electrical galley equipment and the controls for cabin heat and ventilation. (b) Initial and transition ground training for flight attendants must include a competence check to determine ability to perform assigned duties and responsibilities. (c) Initial ground training for flight attendants must consist of at least the following programmed hours of instruction in the subjects specified in paragraph (a) of this section and in Sec. 121.415(a) unless reduced under Sec. 121.405. (1) Group I airplanes-- (i) Reciprocating powered, 8 hours; and (ii) Turbopropeller powered, 8 hours. (2) Group II airplanes, 16 hours. Sec. 121.422 Aircraft dispatchers: Initial and transition ground training. (a) Initial and transition ground training for aircraft dispatchers must include instruction in at least the following: (1) General subjects-- (i) Use of communications systems including the characteristics of those systems and the appropriate normal and emergency procedures; (ii) Meteorology, including various types of meteorological information and forecasts, interpretation of weather data (including forecasting of en route and terminal temperatures and other weather conditions), frontal systems, wind conditions, and use of actual and prognostic weather charts for various altitudes; (iii) The NOTAM system; (iv) Navigational aids and publications; (v) Joint dispatcher-pilot responsibilities; (vi) Characteristics of appropriate airports; (vii) Prevailing weather phenomena and the available sources of weather information; and (viii) Air traffic control and instrument approach procedures. (2) For each airplane-- (i) A general description of the airplane emphasizing operating and performance characteristics, navigation equipment, instrument approach and communication equipment, emergency equipment and procedures, and other subjects having a bearing on dispatcher duties and responsibilities; (ii) Flight operation procedures including procedures specified in Sec. 121.419(a)(2)(vi); (iii) Weight and balance computations; (iv) Basic airplane performance dispatch requirements and procedures; (v) Flight planning including track selection, flight time analysis, and fuel requirements; and (vi) Emergency procedures. (3) Emergency procedures must be emphasized, including the alerting of proper governmental, company, and private agencies during emergencies to give maximum help to an airplane in distress. (b) Initial and transition ground training for aircraft dispatchers must include a competence check given by an appropriate supervisor or ground instructor that demonstrates knowledge and ability with the subjects set forth in paragraph (a) of this section. (c) Initial ground training for aircraft dispatchers must consist of at least the following programmed hours of instruction in the subjects specified in paragraph (a) of this section and in Sec. 121.415(a) unless reduced under Sec. 121.405: (1) Group I airplanes-- (i) Reciprocating powered, 30 hours; and (ii) Turbopropeller powered, 40 hours. (2) Group II airplanes, 40 hours. Sec. 121.424 Pilots: Initial, transition, and upgrade flight training. (a) Initial, transition, and upgrade training for pilots must include flight training and practice in the maneuvers and procedures set forth in the certificate holder's approved low-altitude windshear flight training program and in Appendix E to this part, as applicable. (b) The maneuvers and procedures required by paragraph (a) of this section must be performed inflight except-- (1) That windshear maneuvers and procedures must be performed in a simulator in which the maneuvers and procedures are specifically authorized to be accomplished; and (2) To the extent that certain other maneuvers and procedures may be performed in an airplane simulator, an appropriate training device, or a static airplane as permitted in Appendix E to this part. (c) Except as permitted in paragraph (d) of this section, the initial flight training required by paragraph (a) of this section must include at least the following programmed hours of inflight training and practice unless reduced under Sec. 121.405; (1) Group I airplanes-- (i) Reciprocating powered. Pilot in command, 10 hours; second in command, 6 hours; and (ii) Turbopropeller powered. Pilot in command, 15 hours; second in command, 7 hours. (2) Group II airplanes. Pilot in command, 20 hours; second in command, 10 hours. (d) If the certificate holder's approved training program includes a course of training utilizing an airplane simulator under Sec. 121.409 (c) and (d) of this part, each pilot must successfully complete-- (1) With respect to Sec. 121.409(c) of this part-- (i) Training and practice in the simulator in at least all of the maneuvers and procedures set forth in Appendix E to this part for initial flight training that are capable of being performed in an airplane simulator without a visual system; and (ii) A flight check in the simulator or the airplane to the level of proficiency of a pilot in command or second in command, as applicable, in at least the maneuvers and procedures set forth in Appendix F to this part that are capable of being performed in an airplane simulator without a visual system. (2) With respect to Sec. 121.409(d) of this part, training and practice in at least the maneuvers and procedures set forth in the certificate holder's approved low-altitude windshear flight training program that are capable of being performed in an airplane simulator in which the maneuvers and procedures are specifically authorized. [Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 FR 37697, Sept. 27, 1988] Sec. 121.425 Flight engineers: Initial and transition flight training. (a) Initial and transition flight training for flight engineers must include at least the following: (1) Training and practice in procedures related to the carrying out of flight engineer duties and functions. This training and practice may be accomplished either inflight, in an airplane simulator, or in a training device. (2) A flight check that includes-- (i) Preflight inspection; (ii) Inflight performance of assigned duties accomplished from the flight engineer station during taxi, runup, takeoff, climb, cruise, descent, approach, and landing; (iii) Accomplishment of other functions, such as fuel management and preparation of fuel consumption records, and normal and emergency or alternate operation of all airplane flight systems, performed either inflight, in an airplane simulator, or in a training device. Flight engineers possessing a commercial pilot certificate with an instrument, category and class rating, or pilots already qualified as second in command and reverting to flight engineer, may complete the entire flight check in an approved airplane simulator. (b) Except as permitted in paragraph (c) of this section, the initial flight training required by paragraph (a) of this section must include at least the same number of programmed hours of flight training and practice that are specified for a second in command pilot under Sec. 121.424(c) unless reduced under Sec. 121.405. (c) If the certificate holder's approved training program includes a course of training utilizing an airplane simulator or other training device under Sec. 121.409(c), each flight engineer must successfully complete in the simulator or other training device-- (1) Training and practice in at least all of the assigned duties, procedures, and functions required by paragraph (a) of this section; and (2) A flight check to a flight engineer level of proficiency in the assigned duties, procedures, and functions. [Doc. No. Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-144, 43 FR 22647, May 25, 1978] Sec. 121.426 Flight navigators: Initial and transition flight training. (a) Initial and transition flight training for flight navigators must include flight training and a flight check that are adequate to insure his proficiency in the performance of his assigned duties. (b) The flight training and checks specified in paragraph (a) of this section must be performed-- (1) Inflight or in an appropriate training device; or (2) In operations under this part if performed under supervision of a qualified flight navigator. Sec. 121.427 Recurrent training. (a) Recurrent training must ensure that each crew member or dispatcher is adequately trained and currently proficient with respect to the type airplane (including differences training, if applicable) and crewmember position involved. (b) Recurrent ground training for crewmembers and dispatchers must include at least the following: (1) A quiz or other review to determine the state of the crewmember's or dispatcher's knowledge with respect to the airplane and position involved. (2) Instruction as necessary in the subjects required for initial ground training by Sec. 121.415(a), as appropriate, including emergency training (not required for aircraft dispatchers). (3) For flight attendants and dispatchers, a competence check as required by Secs. 121.421(b) and 121.422(b), respectively. (c) Recurrent ground training for crewmembers and dispatchers must consist of at least the following programmed hours unless reduced under Sec. 121.405: (1) For pilots and flight engineers-- (i) Group I, reciprocating powered airplanes, 16 hours; (ii) Group I turbopropeller powered airplanes, 20 hours; and (iii) Group II airplanes, 25 hours. (2) For flight navigators-- (i) Group I reciprocating powered airplanes, 12 hours; (ii) Group I turbopropeller powered airplanes, 16 hours; and (iii) Group II airplanes, 16 hours. (3) For flight attendants-- (i) Group I reciprocating powered airplanes, 4 hours; (ii) Group I turbopropeller powered airplanes, 5 hours; and (iii) Group II airplanes, 12 hours. (4) For aircraft dispatchers-- (i) Group I reciprocating powered airplanes, 8 hours; (ii) Group I turbopropeller powered airplanes, 10 hours; and (iii) Group II airplanes, 20 hours. (d) Recurrent flight training for flight crewmembers must include at least the following: (1) For pilots, flight training in an approved simulator in maneuvers and procedures set forth in the certificate holder's approved low-altitude windshear flight training program and flight training in maneuvers and procedures set forth in Appendix F to this part, or in a flight training program approved by the Administrator, except as follows-- (i) The number of programmed inflight hours is not specified; and (ii) Satisfactory completion of a proficiency check may be substituted for recurrent flight training as permitted in Sec. 121.433(c). (2) For flight engineers, flight training as provided by Sec. 121.425(a) except as follows-- (i) The specified number of inflight hours is not required; and (ii) The flight check, other than the preflight inspection, may be conducted in an airplane simulator or other training device. The preflight inspection may be conducted in an airplane, or by using an approved pictorial means that realistically portrays the location and detail or preflight inspection items and provides for the portrayal of abnormal conditions. Satisfactory completion of an approved line-oriented simulator training program may be substituted for the flight check. (3) For flight navigators, enough inflight training and an inflight check to insure competency with respect to operating procedures and navigation equipment to be used and familiarity with essential navigation information pertaining to the certificate holder's routes that require a flight navigator. [Amdt. 121-55, 35 FR 90, Jan. 30, 1970, as amended by Amdt. 121-80, 36 FR 19362, Oct. 5, 1971; Amdt. 121-144, 43 FR 22647, May 25, 1978; Amdt.121-199, 53 FR 37697, Sept. 27, 1988] Sec. 121.429 Prohibited drugs. (a) Each certificate holder shall provide each employee performing a function listed in Appendix I to this part and his or her supervisor with the training specified in that appendix. (b) No certificate holder may use any contractor to perform a function listed in Appendix I to this part unless that contractor provides each of its employees performing that function for the certificate holder and his or her supervisor with the training specified in that appendix. [Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988] Subpart O--Crewmember Qualifications Sec. 121.431 Applicability. (a) This subpart prescribes crewmember qualifications for all certificate holders except where otherwise specified. (b) For the purpose of this subpart, the airplane groups and terms and definitions prescribed in Sec. 121.400 of this part apply. [Amdt. 121-74, 36 FR 12284, June 30, 1971] Sec. 121.432 General. (a) Except in the case of operating experience under Sec. 121.434, a pilot who serves as second in command of an operation that requires three or more pilots must be fully qualified to act as pilot in command of that operation. (b) No certificate holder may conduct a check or any training in operations under this part, except for the following checks and training required by this part or the certificate holder: (1) Line checks for pilots. (2) Flight navigator training conducted under the supervision of a flight navigator flight instructor. (3) Flight navigator flight checks. (4) Flight engineer checks (except for emergency procedures), if the person being checked is qualified and current in accordance with Sec. 121.453(a). (5) Flight attendant training and competence checks. Except for pilot line checks and flight engineer flight checks, the person being trained or checked may not be used as a required crewmember. (c) For the purposes of this subpart the airplane groups prescribed in Sec. 121.400 apply. (d) For the purposes of this subpart the terms and definitions in Sec. 121.400 apply. [Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-130, 41 FR 47229, Oct. 28, 1976] Sec. 121.433 Training required. (a) Initial training. No certificate holder may use any person nor may any person serve as a required crewmember on an airplane unless that person has satisfactorily completed, in a training program approved under Subpart N of this part, initial ground and flight training for that type airplane and for the particular crewmember position, except as follows: (1) Crewmembers who have qualified and served as a crewmember on another type airplane of the same group may serve in the same crewmember capacity upon completion of transition training as provided in Sec. 121.415. (2) Crewmembers who have qualified and served as second in command or flight engineer on a particular type airplane may serve as pilot in command or second in command, respectively, upon completion of upgrade training for that airplane as provided in Sec. 121.415. (b) Differences training. No certificate holder may use any person nor may any person serve as a required crewmember on an airplane of a type for which differences training is included in the certificate holder's approved training program unless that person has satisfactorily completed, with respect to both the crewmember position and the particular variation of the airplane in which he serves, either initial or transition ground and flight training, or differences training, as provided in Sec. 121.415. (c) Recurrent training. (1) No certificate holder may use any person nor may any person serve as a required crewmember on an airplane unless, within the preceding 12 calendar months-- (i) For flight crewmembers, he has satisfactorily completed recurrent ground and flight training for that airplane and crewmember position and a flight check as applicable; (ii) For flight attendants and dispatchers, he has satisfactorily completed recurrent ground training and a competence check; and (iii) In addition, for pilots in command he has satisfactorily completed, within the preceding 6 calendar months, recurrent flight training in addition to the recurrent flight training required in paragraph (c)(1)(i) of this section, in an airplane in which he serves as pilot in command in operations under this part. (2) For pilots, a proficiency check as provided in Sec. 121.441 of this part may be substituted for the recurrent flight training required by this paragraph and the approved simulator course of training under Sec. 121.409(b) of this part may be substituted for alternate periods of recurrent flight training required in that airplane, except as provided in paragraphs (d) and (e) of this section. (d) For each airplane in which a pilot serves as pilot in command, he must satisfactorily complete either recurrent flight training or a proficiency check within the preceding 12 calendar months. (e) Notwithstanding paragraphs (c)(2) and (d) of this section, a proficiency check as provided in Sec. 121.441 of this part may not be substituted for training in those maneuvers and procedures set forth in a certificate holder's approved low-altitude windshear flight training program when that program is included in a recurrent flight training course as required by Sec. 121.409(d) of this part. [Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-91, 37 FR 10729, May 27, 1972; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988] Sec. 121.433a Training requirements: Handling and carriage of dangerous articles and magnetized materials. (a) No certificate holder may use any person to perform and no person may perform, any assigned duties and responsibilities for the handling or carriage of dangerous articles and magnetized materials governed by Title 49 CFR, unless within the preceding 12 calendar months that person has satisfactorily completed training in a program established and approved under this subpart which includes instructions regarding the proper packaging, marking, labeling, and documentation of dangerous articles and magnetized materials, as required by Title 49 CFR and instructions regarding their compatibility, loading, storage, and handling characteristics. A person who satisfactorily completes training in the calendar month before, or the calendar month after, the month in which it becomes due, is considered to have taken that training during the month it became due. (b) Each certificate holder shall maintain a record of the satisfactory completion of the initial and recurrent training given to crewmembers and ground personnel who perform assigned duties and responsibilities for the handling and carriage of dangerous articles and magnetized materials. (c) A certificate holder operating in a foreign country where the loading and unloading of aircraft must be performed by personnel of the foreign country, may use personnel not meeting the requirements of paragraphs (a) and (b) of this section if they are supervised by a person qualified under paragraphs (a) and (b) of this section to supervise the loading, offloading and handling of hazardous materials. [Doc. No. 12124, Amdt. 121-104, 38 FR 14915, June 7, 1973, as amended by Amdt. 121-144, 43 FR 22647, May 25, 1978] Sec. 121.434 Operating experience. (a) No certificate holder may use a person nor may any person serve as a required crewmember on an airplane unless he has completed, on that type airplane and in that crewmember position, the operating experience required by this section, except as follows: (1) Crewmembers other than pilots in command may serve as provided herein for the purpose of meeting the requirements of this section. (2) Pilots who are meeting the pilot in command requirements may serve as second in command. (b) In acquiring the operating experience, crewmembers must comply with the following: (1) In the case of a flight crewmember, he must hold the appropriate certificates and ratings for the crewmember position and the airplane, except that a pilot who is meeting the pilot in command requirements must hold the appropriate certificates and ratings for a pilot in command in the airplane. (2) The experience must be acquired after satisfactory completion of the appropriate ground and flight training for the airplane and crewmember position. (3) The experience must be acquired in flight during operations under this part. However, in the case of an aircraft not previously used by the certificate holder in operations under this part, operating experience acquired in the aircraft during proving flights or ferry flights may be used to meet this requirement. However, separate operating experience is not required for variations within the same type airplane. (c) Pilot crewmembers must acquire operating experience as follows: (1) A pilot in command must-- (i) Perform the duties of a pilot in command under the supervision of a check pilot; and (ii) In addition, if the certificate holder's approved training program includes a course of training in an airplane simulator under Sec. 121.409(c) and a qualifying pilot in command is completing initial or upgrade training specified in Sec. 121.424, be observed in the performance of prescribed duties by an FAA inspector during at least one flight leg which includes a takeoff and landing. During the time that a qualifying pilot in command is acquiring the operating experience in paragraphs (c)(l) (i) and (ii) of this section, a check pilot who is also serving as the pilot in command must occupy a pilot station. However, in the case of a transitioning pilot in command the check pilot serving as pilot in command may occupy the observer's seat, if the transitioning pilot has made at least two takeoffs and landings in the type airplane used, and has satisfactorily demonstrated to the check pilot that he is qualified to perform the duties of a pilot in command of that type of airplane. (2) A second in command pilot must perform the duties of a second in command under the supervision of a check pilot or observe the performance of those duties on the flight deck. (3) The hours of operating experience for all pilots are as follows: (i) For initial training, 15 hours in Group I reciprocating powered airplanes, 20 hours in Group I turbopropeller powered airplanes, and 25 hours in Group II airplanes; (ii) For transition training, except as provided in paragraph (c)(3)(iii) of this section, 10 hours in Group I reciprocating powered airplanes, 12 hours in Group I turbopropeller powered airplanes, and 15 hours in Group II airplanes; and (iii) In the case of transition training where the certificate holder's approved training program includes a course of training in an airplane simulator under Sec. 121.409(c), each pilot in command must comply with the requirements prescribed in paragraph (c)(3)(i) of this section for initial training. (d) A flight engineer must perform the duties of a flight engineer under the supervision of a check airman or a qualified flight engineer for at least the following number of hours: (1) Group I reciprocating powered airplanes, 8 hours. (2) Group I turbopropeller powered airplanes, 10 hours. (3) Group II airplanes, 12 hours. (e) A flight attendant must, for at least 5 hours, perform the assigned duties of a flight attendant under the supervision of a flight attendant supervisor qualified under this part who personally observes the performance of these duties. However, operating experience is not required for a flight attendant who has previously acquired such experience on any large passenger carrying airplane of the same group, if the certificate holder shows that the flight attendant has received sufficient ground training for the airplane in which the flight attendant is to serve. Flight attendants receiving operating experience may not be assigned as a required crewmember. Flight attendants who have satisfactorily completed training time acquired in an approved training program conducted in a full-scale (except for length) cabin training device of the type airplane in which they are to serve may substitute this time for 50 percent of the hours required by this paragraph. (f) The hours of operating experience for flight crewmembers may be reduced to 50 percent of the hours required by this section by the substitution of one additional takeoff and landing for each hour of flight. Notwithstanding the reductions in programmed hours permitted under Secs. 121.405 and 121.409 of Subpart N of this part, the hours of operating experience for flight crewmembers are not subject to reduction other than as provided in paragraphs (e) and (f) of this section. [Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-74, 36 FR 12284, June 30, 1971; Amdt. 121-91, 37 FR 10729, May 27, 1972; Amdt. 121-140, 43 FR 9599, Mar. 9, 1978; Amdt. 121-144, 43 FR 22647, May 25, 1978; Amdt. 121-159, 45 FR 41593, June 19, 1980] Sec. 121.435 Helicopter operations: Supplemental air carriers and commercial operators. No supplemental air carrier or commercial operator may use a flight crewmember, and none of its flight crewmembers may perform duties under his airman certificate in helicopter operations, unless that flight crewmember meets the requirements of Sec. 127.151 or Sec. 127.161 and Secs. 127.175 and 127.177. [Doc. No. 6258, 29 FR 19215, Dec. 31, 1964] Sec. 121.437 Pilot qualification: Certificates required. (a) No pilot may act as pilot in command of an aircraft (or as second in command of an aircraft in a flag or supplemental air carrier or commercial operator operation that requires three or more pilots) unless he holds an airline transport pilot certificate and an appropriate type rating for that aircraft. (b) Each pilot who acts as a pilot in a capacity other than those specified in paragraph (a) of this section must hold at least a commercial pilot certificate and an instrument rating. (c) After July 1, 1980, no certificate holder may use nor may any pilot act as a pilot in a capacity other than those specified in paragraph (a) of this section unless the pilot holds at least a commercial pilot certificate with appropriate category and class ratings for the aircraft concerned, and an instrument rating. Notwithstanding the requirements of Sec. 61.63 (b) and (c), until July 1, 1980, a pilot who is currently employed by a certificate holder and meets applicable training requirements of Subpart O, and the proficiency check requirements of Sec. 121.441 of this part, may be issued the appropriate category and class ratings by presenting proof of compliance with those requirements to a Flight Standards District Office. [Doc. No. 6258, 29 FR 19215, Dec. 31, 1964, as amended by Amdt. 121-148, 43 FR 46235, Oct. 5, 1978; 44 FR 25202, Apr. 30, 1979; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.439 Pilot qualification: Recent experience. (a) No certificate holder may use any person nor may any person serve as a required pilot flight crewmember, unless within the preceding 90 days, that person has made at least three takeoffs and landings in the type airplane in which that person is to serve. The takeoffs and landings required by this paragraph may be performed in a visual simulator approved under Sec. 121.407 to include takeoff and landing maneuvers. In addition, any person who fails to make the three required takeoffs and landings within any consecutive 90- day period must reestablish recency of experience as provided in paragraph (b) of this section. (b) In addition to meeting all applicable training and checking requirements of this part, a required pilot flight crewmember who has not met the requirements of paragraph (a) of this section must reestablish recency of experience as follows: (1) Under the supervision of a check airman, make at least three takeoffs and landings in the type airplane in which that person is to serve or in an advanced simulator or visual simulator. When a visual simulator is used, the requirements of paragraph (c) of this section must be met. (2) The takeoffs and landings required in paragraph (b)(1) of this section must include-- (i) At least one takeoff with a simulated failure of the most critical powerplant; (ii) At least one landing from an ILS approach to the lowest ILS minimum authorized for the certificate holder; and (iii) At least one landing to a full stop. (c) A required pilot flight crewmember who performs the manuvers prescribed in paragraph (b) of this section in a visual simulator must-- (1) Have previously logged 100 hours of flight time in the same type airplane in which he is to serve; (2) Be observed on the first two landings made in operations under this part by an approved check airman who acts as pilot in command and occupies a pilot seat. The landings must be made in weather minimums that are not less than those contained in the certificate holder's operations specifications for Category I Operations, and must be made within 45 days following completion of simulator training. (d) When using a simulator to accomplish any of the requirements of paragraph (a) or (b) of this section, each required flight crewmember position must be occupied by an appropriately qualified person and the simulator must be operated as if in a normal in-flight environment without use of the repositioning features of the simulator. (e) A check airman who observes the takeoffs and landings prescribed in paragraphs (b)(1) and (c) of this section shall certify that the person being observed is proficient and qualified to perform flight duty in operations under this part and may require any additional maneuvers that are determined necessary to make this certifying statement. [Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-148, 43 FR 46235, Oct. 5, 1978; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982] Sec. 121.440 Line checks. (a) No certificate holder may use any person nor may any person serve as pilot in command of an airplane unless, within the preceding 12 calendar months, that person has passed a line check in which he satisfactorily performs the duties and responsibilities of a pilot in command in one of the types of airplanes he is to fly. (b) A pilot in command line check for domestic and flag air carrier pilots must-- (1) Be given by a pilot check airman who is currently qualified on both the route and the airplane; and (2) Consist of at least one flight over a typical part of the air carrier's route, or over a foreign or Federal airway, or over a direct route. (c) A pilot in command line check for supplemental air carriers and commercial operators must-- (1) Be given by a pilot check airman who is currently qualified on the airplane; and (2) Consist of at least one flight over a part of a Federal airway, foreign airway, or advisory route over which the pilot may be assigned. [Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-143, 43 FR 22642, May 25, 1978] Sec. 121.441 Proficiency checks. (a) No certificate holder may use any person nor may any person serve as a required pilot flight crewmember unless that person has satisfactorily completed either a proficiency check, or an approved simulator course of training under Sec. 121.409, as follows: (1) For a pilot in command, a proficiency check within the preceding 12 calendar months and, in addition, within the preceding 6 calendar months, either a proficiency check or the simulator training. (2) For all other pilots-- (i) Within the preceding 24 calendar months either a proficiency check or the line-oriented simulator training course under Sec. 121.409; and (ii) Within the preceding 12 calendar months, either a proficiency check or any simulator training course under Sec. 121.409. The satisfactory completion of a type rating flight check under Sec. 61.157 of this chapter satisfies the requirement for a proficiency check. (b) Except as provided in paragraphs (c) and (d) of this section, a proficiency check must meet the following requirements: (1) It must include at least the procedures and maneuvers set forth in Appendix F to this part unless otherwise specifically provided in that appendix. (2) It must be given by the Administrator or a pilot check airman. (c) An approved airplane simulator or other appropriate training device may be used in the conduct of a proficiency check as provided in Appendix F to this part. (d) A person giving a proficiency check may, in his discretion, waive any of the maneuvers or procedures for which a specific waiver authority is set forth in Appendix F to this part if-- (1) The Administrator has not specifically required the particular maneuver or procedure to be performed; (2) The pilot being checked is, at the time of the check, employed by a certificate holder as a pilot; and (3) The pilot being checked is currently qualified for operations under this part in the particular type airplane and flight crewmember position or has, within the preceding six calendar months, satisfactorily completed an approved training program for the particular type airplane. (e) If the pilot being checked fails any of the required maneuvers, the person giving the proficiency check may give additional training to the pilot during the course of the proficiency check. In addition to repeating the maneuvers failed, the person giving the proficiency check may require the pilot being checked to repeat any other maneuvers he finds are necessary to determine the pilot's proficiency. If the pilot being checked is unable to demonstrate satisfactory performance to the person conducting the check, the certificate holder may not use him nor may he serve in operations under this part until he has satisfactorily completed a proficiency check. However, the entire proficiency check (other than the initial second-in- command proficiency check) required by this section may be conducted in an approved visual simulator if the pilot being checked accomplishes at least two landings in the appropriate airplane during a line check or other check conducted by a pilot check airman (a pilot-in-command may observe and certify the satisfactory accomplishment of these landings by a second-in-command). If a pilot proficiency check is conducted in accordance with this paragraph, the next required proficiency check for that pilot must be conducted in the same manner, or in accordance with Appendix F of this Part, or a course of training in an airplane visual simulator under Sec. 121.409 may be substituted therefor. [Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103, 38 FR 12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121- 144, 43 FR 22648, May 25, 1978] Sec. 121.443 Pilot in command qualification: Route and airports. (a) Each certificate holder shall provide a system acceptable to the Administrator for disseminating the information required by paragraph (b) of this section to the pilot in command and appropriate flight operation personnel. The system must also provide an acceptable means for showing compliance with Sec. 121.445. (b) No certificate holder may use any person, nor may any person serve, as pilot in command unless the certificate holder has provided that person current information concerning the following subjects pertinent to the areas over which that person is to serve, and to each airport and terminal area into which that person is to operate, and ensures that that person has adequate knowledge of, and the ability to use, the information: (1) Weather characteristics appropriate to the season. (2) Navigation facilities. (3) Communication procedures, including airport visual aids. (4) Kinds of terrain and obstructions. (5) Minimum safe flight levels. (6) En route and terminal area arrival and departure procedures, holding procedures and authorized instrument approach procedures for the airports involved. (7) Congested areas and physical layout of each airport in the terminal area in which the pilot will operate. (8) Notices to Airmen. [Doc. No. 17897, 45 FR 41594, June 19, 1980; Amdt. 121-159, 45 FR 43154, June 26, 1980] Sec. 121.445 Pilot in command airport qualification: Special areas and airports. (a) The Administrator may determine that certain airports (due to items such as surrounding terrain, obstructions, or complex approach or departure procedures) are special airports requiring special airport qualifications and that certain areas or routes, or both, require a special type of navigation qualification. (b) Except as provided in paragraph (c) of this section, no certificate holder may use any person, nor may any person serve, as pilot in command to or from an airport determined to require special airport qualifications unless, within the preceding 12 calendar months: (1) The pilot in command or second in command has made an entry to that airport (including a takeoff and landing) while serving as a pilot flight crewmember; or (2) The pilot in command has qualified by using pictorial means acceptable to the Administrator for that airport. (c) Paragraph (b) of this section does not apply when an entry to that airport (including a takeoff or a landing) is being made if the ceiling at that airport is at least 1,000 feet above the lowest MEA or MOCA, or initial approach altitude prescribed for the instrument approach procedure for that airport, and the visibility at that airport is at least 3 miles. (d) No certificate holder may use any person, nor may any person serve, as pilot in command between terminals over a route or area that requires a special type of navigation qualification unless, within the preceding 12 calendar months, that person has demonstrated qualification on the applicable navigation system in a manner acceptable to the Administrator, by one of the following methods: (1) By flying over a route or area as pilot in command using the applicable special type of navigation system. (2) By flying over a route or area as pilot in command under the supervision of a check airman using the special type of navigation system. (3) By completing the training program requirements of Appendix G of this part. [Doc. No. 17897, 45 FR 41594, June 19, 1980] Sec. 121.447 [Reserved] Sec. 121.453 Flight engineer qualifications. (a) No certificate holder may use any person nor may any person serve as a flight engineer on an airplane unless, within the preceding 6 calendar months, he has had at least 50 hours of flight time as a flight engineer on that type airplane or the certificate holder or the Administrator has checked him on that type airplane and determined that he is familiar and competent with all essential current information and operating procedures. (b) A flight check given in accordance with Sec. 121.425(a)(2) satisfies the requirements of paragraph (a) of this section. [Amdt. 121-55, 35 FR 96, Jan. 3, 1970] Sec. 121.455 Use of prohibited drugs. (a) This section applies to persons who perform a function listed in Appendix I to this part for the certificate holder. For the purpose of this section, a person who performs such a function pursuant to a contract with the certificate holder is considered to be performing that function for the certificate holder. (b) No certificate holder may knowingly use any person to perform, nor may any person perform for a certificate holder, either directly or by contract, any function listed in Appendix I to this part while that person has a prohibited drug, as defined in that appendix, in his or her system. (c) Except as provided in paragraph (d) of this section, no certificate holder may knowingly use any person to perform, nor may any person perform for a certificate holder, either directly or by contract, any function listed in Appendix I to this part if that person failed a test or refused to submit to a test required by that appendix given by a certificate holder or an operator as defined in Sec. 135.1(c) of this chapter. (d) Paragraph (c) of this section does not apply to a person who has received a recommendation to be hired or to return to duty from a medical review officer in accordance with Appendix I to Part 121 of this chapter or who has received a special issuance medical certificate after evaluation by the Federal Air Surgeon for drug dependency in accordance with Part 67 of this chapter. [Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988] Sec. 121.457 Testing for prohibited drugs. (a) Each certificate holder shall test each of its employees who performs a function listed in Appendix I to this part in accordance with that appendix. (b) No certificate holder may use any contractor to perform a function listed in Appendix I to this part unless that contractor tests each employee performing such a function for the certificate holder in accordance with that appendix. [Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988] Sec. 121.458 Misuse of alcohol. (a) General. This section applies to employees who perform a function listed in appendix J to this part for a certificate holder (covered employees). For the purpose of this section, a person who meets the definition of covered employee in appendix J is considered to be performing the function for the certificate holder. (b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No certificate holder having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. (c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No certificate holder having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety- sensitive functions. (d) Pre-duty use. (1) No covered employee shall perform flight crewmember or flight attendant duties within 8 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform the specified duties. (2) No covered employee shall perform safety-sensitive duties other than those specified in paragraph (d)(1) of this section within 4 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 4 hours shall permit the employee to perform or continue to perform safety-sensitive functions. (e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety- sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post- accident test under appendix J of this part, or the employer has determined that the employee's performance could not have contributed to the accident. (f) Refusal to submit to a required alcohol test. No covered employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow- up alcohol test required under appendix J to this part. No certificate holder shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. [Amdt. 121-237, 59 FR 7389, Feb. 15, 1994] ***************************************************************************** 59 FR 7380, No. 31, Feb. 15, 1994 SUMMARY: This final rule prescribes regulations establishing the aviation industry alcohol misuse prevention program. It includes requirements for an alcohol testing program for air carrier employees who perform safety- sensitive duties, in implementation of the FAA-related provisions of the Omnibus Transportation Employee Testing Act of 1991, which was enacted on October 28, 1991. Employees who perform safety-sensitive duties directly or by contract for aviation employers that hold a certificate issued under certain FAA regulations, operators as defined in the regulations, or air traffic control facilities not operated by the FAA or the U.S. military must be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This final rule requires alcohol testing of these employees, proscribes certain alcohol-related conduct, and establishes specified consequences for engaging in alcohol misuse. Employers must provide written materials to covered employees explaining the program and educating employees about the dangers of alcohol misuse. Employers must also submit reports to the FAA on the results of the program. This rule is intended to ensure that public safety is maintained by preventing alcohol misuse by safety-sensitive aviation employees. DATES: This rule is effective on March 17, 1994. ***************************************************************************** Sec. 121.459 Testing for alcohol. (a) Each certificate holder must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to this part. (b) No certificate holder shall use any person who meets the definition of covered employee in appendix J to this part to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J. [Amdt. 121-237, 59 FR 7390, Feb. 15, 1994] ***************************************************************************** 59 FR 7380, No. 31, Feb. 15, 1994 SUMMARY: This final rule prescribes regulations establishing the aviation industry alcohol misuse prevention program. It includes requirements for an alcohol testing program for air carrier employees who perform safety- sensitive duties, in implementation of the FAA-related provisions of the Omnibus Transportation Employee Testing Act of 1991, which was enacted on October 28, 1991. Employees who perform safety-sensitive duties directly or by contract for aviation employers that hold a certificate issued under certain FAA regulations, operators as defined in the regulations, or air traffic control facilities not operated by the FAA or the U.S. military must be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This final rule requires alcohol testing of these employees, proscribes certain alcohol-related conduct, and establishes specified consequences for engaging in alcohol misuse. Employers must provide written materials to covered employees explaining the program and educating employees about the dangers of alcohol misuse. Employers must also submit reports to the FAA on the results of the program. This rule is intended to ensure that public safety is maintained by preventing alcohol misuse by safety-sensitive aviation employees. DATES: This rule is effective on March 17, 1994. ***************************************************************************** Subpart P--Aircraft Dispatcher Qualifications and Duty Time Limitations: Domestic and Flag Air Carriers Sec. 121.461 Applicability. This subpart prescribes the qualifications and duty time limitations for aircraft dispatchers for domestic and flag air carriers. [Doc. No. 6258, 29 FR 19216, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19, 1965] Sec. 121.463 Aircraft dispatcher qualifications. (a) No domestic or flag air carrier may use any person, nor may any person serve, as an aircraft dispatcher for a particular airplane group unless that person has, with respect to an airplane of that group, satisfactorily completed the following: (1) Initial dispatcher training, except that a person who has satisfactorily completed such training for another type airplane of the same group need only complete the appropriate transition training. (2) Operating familiarization consisting of at least 5 hours observing from the flight deck operations under this part, except that a person may serve as an aircraft dispatcher without meeting this requirement for 90 days after initial introduction of the airplane into operations under this part. This requirement may be reduced to a minimum of 2 1/2 hours by the substitution of one additional takeoff and landing for an hour of flight. (b) No domestic or flag air carrier may use any person, nor may any person serve, as an aircraft dispatcher for a particular type airplane unless that person has, with respect to that airplane, satisfactorily completed differences training, if applicable. (c) No domestic or flag air carrier may use any person, nor may any person serve, as an aircraft dispatcher unless within the preceding 12 calendar months he has satisfactorily completed operating familiarization consisting of at least 5 hours observing from the flight deck operations under this part in one of the types of airplanes in each group he is to dispatch. This requirement may be reduced to a minimum of 2 1/2 hours by the substitution of one additional takeoff and landing for an hour of flight. This requirement may be satisfied by observation of 5 hours of simulator training for each airplane group in one of the simulators approved under Sec. 121.407 for the group. However, if this requirement is met by the use of a simulator, no reduction in hours is permitted. (d) No domestic or flag air carrier may use any person, nor may any person serve as an aircraft dispatcher to dispatch airplanes in operations under this part unless the air carrier has determined that he is familiar with all essential operating procedures for that segment of the operation over which he exercises dispatch jurisdiction. However, a dispatcher who is qualified to dispatch airplanes through one segment of an operation may dispatch airplanes through other segments of the operation after coordinating with dispatchers who are qualified to dispach airplanes through those other segments. (e) For the purposes of this section, the airplane groups, terms, and definitions in Sec. 121.400 apply. [Amdt. 121-87, 37 FR 5607, Mar. 17, 1972] Sec. 121.465 Duty time limitations: Domestic and flag air carriers. (a) Each domestic and flag air carrier shall establish the daily duty period for a dispatcher so that it begins at a time that allows him to become thoroughly familiar with existing and anticipated weather conditions along the route before he dispatches any airplane. He shall remain on duty until each airplane dispatched by him has completed its flight, or has gone beyond his jurisdiction, or until he is relieved by another qualified dispatcher. (b) Except in cases where circumstances or emergency conditions beyond the control of the air carrier require otherwise-- (1) No domestic or flag air carrier may schedule a dispatcher for more than 10 consecutive hours of duty; (2) If a dispatcher is scheduled for more than 10 hours of duty in 24 consecutive hours, the carrier shall provide him a rest period of at least eight hours at or before the end of 10 hours of duty. (3) Each dispatcher must be relieved of all duty with the air carrier for at least 24 consecutive hours during any seven consecutive days or the equivalent thereof within any calendar month. (c) Notwithstanding paragraphs (a) and (b) of this section, a flag air carrier may, if authorized by the Administrator, schedule an aircraft dispatcher at a duty station outside of the 48 contiguous States and the District of Columbia, for more than 10 consecutive hours of duty in a 24-hour period if that aircraft dispatcher is relieved of all duty with the carrier for at least eight hours during each 24-hour period. [Doc. No. 6258, 29 FR 19216, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19, 1965] Subpart Q--Flight Time Limitations and Rest Requirements: Domestic Air Carriers Source: Docket No. 23634, 50 FR 29319, July 18, 1985. Sec. 121.470 Applicability. This subpart prescribes flight time limitations and rest requirements for domestic air carriers. Sec. 121.471 Flight time limitations and rest requirements: All flight crewmembers. (a) No domestic air carrier may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in scheduled air transportation or in other commercial flying if that crewmember's total flight time in all commercial flying will exceed-- (1) 1,000 hours in any calendar year; (2) 100 hours in any calendar month; (3) 30 hours in any 7 consecutive days; (4) 8 hours between required rest periods. (b) Except as provided in paragraph (c) of this section, no domestic air carrier may schedule a flight crewmember and no flight crewmember may accept an assignment for flight time during the 24 consecutive hours preceding the scheduled completion of any flight segment without a scheduled rest period during that 24 hours of at least the following: (1) 9 consecutive hours of rest for less than 8 hours of scheduled flight time. (2) 10 consecutive hours of rest for 8 or more but less than 9 hours of scheduled flight time. (3) 11 consecutive hours of rest for 9 or more hours of scheduled flight time. (c) An air carrier may schedule a flight crewmember for less than the rest required in paragraph (b) of this section or may reduce a scheduled rest under the following conditions: (1) A rest required under paragraph (b)(1) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 10 hours that must begin no later than 24 hours after the commencement of the reduced rest period. (2) A rest required under paragraph (b)(2) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 11 hours that must begin no later than 24 hours after the commencement of the reduced rest period. (3) A rest required under paragraph (b)(3) of this section may be scheduled for or reduced to a minimum of 9 hours if the flight crewmember is given a rest period of at least 12 hours that must begin no later than 24 hours after the commencement of the reduced rest period. (4) No air carrier may assign, nor may any flight crewmember perform any flight time with the air carrier unless the flight crewmember has had at least the minimum rest required under this paragraph. (d) Each domestic air carrier shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days. (e) No domestic air carrier may assign any flight crewmember and no flight crewmember may accept assignment to any duty with the air carrier during any required rest period. (f) Time spent in transportation, not local in character, that an air carrier requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period. (g) A flight crewmember is not considered to be scheduled for flight time in excess of flight time limitations if the flights to which he is assigned are scheduled and normally terminate within the limitations, but due to circumstances beyond the control of the air carrier (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the scheduled time. Subpart R--Flight Time Limitations: Flag Air Carriers Source: Docket No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19, 1965, unless otherwise noted. Sec. 121.480 Applicability. This subpart prescribes flight time limitations for flag air carriers. Sec. 121.481 Flight time limitations: One or two pilot crews. (a) A flag air carrier may schedule a pilot to fly in an airplane that has a crew of one or two pilots for eight hours or less during any 24 consecutive hours without a rest period during these eight hours. (b) If a flag air carrier schedules a pilot to fly more than eight hours during any 24 consecutive hours, it shall give him an intervening rest period, at or before the end of eight scheduled hours of flight duty. This rest period must be at least twice the number of hours flown since the preceding rest period, but not less than eight hours. The air carrier shall relieve that pilot of all duty with it during that rest period. (c) Each pilot who has flown more than eight hours during 24 consecutive hours must be given at least 18 hours of rest before being assigned to any duty with the air carrier. (d) No pilot may fly more than 32 hours during any seven consecutive days, and each pilot must be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days. (e) No pilot may fly as a member of a crew more than 100 hours during any one calendar month. (f) No pilot may fly as a member of a crew more than 1,000 hours during any 12-calendar-month period. Sec. 121.483 Flight time limitations: Two pilots and one additional flight crewmember. (a) No flag air carrier may schedule a pilot to fly, in an airplane that has a crew of two pilots and at least one additional flight crewmember, for a total of more than 12 hours during any 24 consecutive hours. (b) If a pilot has flown 20 or more hours during any 48 consecutive hours or 24 or more hours during any 72 consecutive hours, he must be given at least 18 hours of rest before being assigned to any duty with the air carrier. In any case, he must be given at least 24 consecutive hours of rest during any seven consecutive days. (c) No pilot may fly as a flight crewmember more than-- (1) 120 hours during any 30 consecutive days; (2) 300 hours during any 90 consecutive days; or (3) 1,000 hours during any 12-calendar-month period. Sec. 121.485 Flight time limitations: Three or more pilots and an additional flight crewmember. (a) Each flag air carrier shall schedule its flight hours to provide adequate rest periods on the ground for each pilot who is away from his base and who is a pilot on an airplane that has a crew of three or more pilots and an additional flight crewmember. It shall also provide adequate sleeping quarters on the airplane whenever a pilot is scheduled to fly more than 12 hours during any 24 consecutive hours. (b) The flag air carrier shall give each pilot, upon return to his base from any flight or series of flights, a rest period that is at least twice the total number of hours he flew since the last rest period at his base. During the rest period required by this paragraph, the air carrier may not require him to perform any duty for it. If the required rest period is more than seven days, that part of the rest period in excess of seven days may be given at any time before the pilot is again scheduled for flight duty on any route. (c) No pilot may fly as a flight crewmember more than-- (1) 350 hours during any 90 consecutive days; or (2) 1,000 hours during any 12-calendar-month period. Sec. 121.487 Flight time limitations: Pilots not regularly assigned. (a) Except as provided in paragraphs (b) through (e) of this section, a pilot who is not regularly assigned as a flight crewmember for an entire calendar month under Sec. 121.483 or 121.485 may not fly more than 100 hours in any 30 consecutive days. (b) The monthly flight time limitations for a pilot who is scheduled for duty aloft for more than 20 hours in two-pilot crews in any calendar month, or whose assignment in such a crew is interrupted more than once in that calendar month by assignment to a crew consisting of two or more pilots and an additional flight crewmember, are those set forth in Sec. 121.481. (c) Except for a pilot covered by paragraph (b) of this section, the monthly and quarterly flight time limitations for a pilot who is scheduled for duty aloft for more than 20 hours in two-pilot and additional flight crewmember crews in any calendar month, or whose assignment in such a crew is interrupted more than once in that calendar month by assignment to a crew consisting of three pilots and additional flight crewmember, are those set forth in Sec. 121.483. (d) The quarterly flight time limitations for a pilot to whom paragraphs (b) and (c) of this section do not apply and who is scheduled for duty aloft for a total of not more than 20 hours within any calendar month in two-pilot crews (with or without additional flight crewmembers) are those set forth in Sec. 121.485. (e) The monthly and quarterly flight time limitations for a pilot assigned to each of two-pilot, two-pilot and additional flight crewmember, and three- pilot and additional flight crewmember crews in a given calendar month, and who is not subject to paragraph (b), (c), or (d) of this section, are those set forth in Sec. 121.483. [Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19, 1965; as amended by Amdt. 121-137, 42 FR 43973, Sept. 1, 1977] Sec. 121.489 Flight time limitations: Other commercial flying. No pilot that is employed as a pilot by a flag air carrier may do any other commercial flying if that commercial flying plus his flying in air transportation will exceed any flight time limitation in this part. Sec. 121.491 Flight time limitations: Deadhead transportation. Time spent in deadhead transportation to or from duty assignment is not considered to be a part of a rest period. Sec. 121.493 Flight time limitations: Flight engineers and flight navigators. (a) In any operation in which one flight engineer or flight navigator is required, the flight time limitations in Sec. 121.483 apply to that flight engineer or flight navigator. (b) In any operation in which more than one flight engineer or flight navigator is required, the flight time limitations in Sec. 121.485 apply to those flight engineers or flight navigators. Subpart S--Flight Time Limitations: Supplemental Air Carriers and Commercial Operators Source: Docket No. 6258, 29 FR 19218, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19, 1965, unless otherwise noted. Sec. 121.500 Applicability. This subpart prescribes flight time limitations for supplemental air carriers and commercial operators. Sec. 121.501 Flight time limitations: Helicopters. No supplemental air carrier or commercial operator may schedule a flight crewmember for duty aloft in helicopter operations subject to this part, or in any other commercial flying, that would exceed the flight time limitations prescribed in Sec. 127.191. Sec. 121.503 Flight time limitations: Pilots: airplanes. (a) A supplemental air carrier or commercial operator may schedule a pilot to fly in an airplane for eight hours or less during any 24 consecutive hours without a rest period during those eight hours. (b) Each pilot who has flown more than eight hours during any 24 consecutive hours must be given at least 16 hours of rest before being assigned to any duty with the air carrier or commercial operator. (c) Each supplemental air carrier and commercial operator shall relieve each pilot from all duty for at least 24 consecutive hours at least once during any seven consecutive days. (d) No pilot may fly as a crewmember in air carrier service more than 100 hours during any 30 consecutive days. (e) No pilot may fly as a crewmember in air carrier service more than 1,000 hours during any calendar year. (f) Notwithstanding paragraph (a) of this section, an air carrier may, in conducting a transcontinental nonstop flight, schedule a flight crewmember for more than eight but not more than 10 hours of continuous duty aloft without an intervening rest period, if-- (1) The flight is in an airplane with a pressurization system that is operative at the beginning of the flight; (2) The flight crew consists of at least two pilots and a flight engineer; and (3) The air carrier uses, in conducting the operation, an air/ground communication service that is independent of systems operated by the United States, and a dispatch organization, both of which are approved by the Administrator as adequate to serve the terminal points concerned. Sec. 121.505 Flight time limitations: Two pilot crews: airplanes. (a) If a supplemental air carrier or commercial operator schedules a pilot to fly more than eight hours during any 24 consecutive hours, it shall give him an intervening rest period at or before the end of eight scheduled hours of flight duty. This rest period must be at least twice the number of hours flown since the preceding rest period, but not less than eight hours. The supplemental air carrier or commercial operator shall relieve that pilot of all duty with it during that rest period. (b) No pilot of an airplane that has a crew of two pilots may be on duty for more than 16 hours during any 24 consecutive hours. Sec. 121.507 Flight time limitations: Three pilot crews: Airplanes. (a) No supplemental air carrier or commercial operator may schedule a pilot-- (1) For flight deck duty in an airplane that has a crew of three pilots for more than eight hours in any 24 consecutive hours; or (2) To be aloft in an airplane that has a crew of three pilot for more than 12 hours in any 24 consecutive hours. (b) No pilot of an airplane that has a crew of three pilots may be on duty for more than 18 hours in any 24 consecutive hours. Sec. 121.509 Flight time limitations: Four pilot crews: airplanes. (a) No supplemental air carrier or commercial operator may schedule a pilot-- (1) For flight deck duty in an airplane that has a crew of four pilots for more than eight hours in any 24 consecutive hours; or (2) To be aloft in an airplane that has a crew of four pilots for more than 16 hours in any 24 consecutive hours. (b) No pilot of an airplane that has a crew of four pilots may be on duty for more than 20 hours in any 24 consecutive hours. Sec. 121.511 Flight time limitations: Flight engineers: airplanes. (a) In any operation in which one flight engineer is serving the flight time limitations in Secs. 121.503 and 121.505 apply to that flight engineer. (b) In any operation in which more than one flight engineer is serving and the flight crew contains more than two pilots the flight time limitations in Sec. 121.509 apply in place of those in Sec. 121.505. Sec. 121.513 Flight time limitations: Overseas and international operations: airplanes. In place of the flight time limitations in Secs. 121.503 through 121.511, a supplemental air carrier or commercial operator may elect to comply with the flight time limitations of Secs. 121.515 and 121.521 through 121.525 for operations conducted-- (a) Between a place in the 48 contiguous States and the District of Columbia, or Alaska, and any place outside thereof; (b) Between any two places outside the 48 contiguous States, the District of Columbia, and Alaska; or (c) Between two places within the State of Alaska or the State of Hawaii. Sec. 121.515 Flight time limitations: All airmen: airplanes. No airman may be aloft as a flight crewmember more than 1,000 hours in any 12-calendar-month period. Sec. 121.517 Flight time limitations: Other commercial flying: airplanes. No airman who is employed by a supplemental air carrier or commercial operator may do any other commercial flying, if that commercial flying plus his flying in operations under this part will exceed any flight time limitation in this part. Sec. 121.519 Flight time limitations: Deadhead transportation: airplanes. Time spent by an airman in deadhead transportation to or from a duty assignment is not considered to be part of any rest period. Sec. 121.521 Flight time limitations: Crew of two pilots and one additional airman as required. (a) No supplemental air carrier or commercial operator may schedule an airman to be aloft as a member of the flight crew in an airplane that has a crew of two pilots and at least one additional flight crewmember for more than 12 hours during any 24 consecutive hours. (b) If an airman has been aloft as a member of a flight crew for 20 or more hours during any 48 consecutive hours or 24 or more hours during any 72 consecutive hours, he must be given at least 18 hours of rest before being assigned to any duty with the air carrier or commercial operator. In any case, he must be relieved of all duty for at least 24 consecutive hours during any seven consecutive days. (c) No airman may be aloft as a flight crewmember more than-- (1) 120 hours during any 30 consecutive days; or (2) 300 hours during any 90 consecutive days. [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as amended by Amdt. 121-17, 31 FR 1147, Jan. 28, 1966] Sec. 121.523 Flight time limitations: Crew of three or more pilots and additional airmen as required. (a) No supplemental air carrier or commercial operator may schedule an airman for flight deck duty as a flight engineer, or navigator in a crew of three or more pilots and additional airmen for a total of more than 12 hours during any 24 consecutive hours. (b) Each supplemental air carrier and commercial operator shall schedule its flight hours to provide adequate rest periods on the ground for each airman who is away from his principal operations base. It shall also provide adequate sleeping quarters on the airplane whenever an airman is scheduled to be aloft as a flight crewmember for more than 12 hours during any 24 consecutive hours. (c) No supplemental air carrier or commercial operator may schedule any flight crewmember to be on continuous duty for more than 30 hours. Such a crewmember is considered to be on continuous duty from the time he reports for duty until the time he is released from duty for a rest period of at least 10 hours on the ground. If a flight crewmember is on continuous duty for more than 24 hours (whether scheduled or not) duty any scheduled duty period, he must be given at least 16 hours for rest on the ground after completing the last flight scheduled for that scheduled duty period before being assigned any further flight duty. (d) If a flight crewmember is required to engage in deadhead transportation for more than four hours before beginning flight duty, one half of the time spent in deadhead transportation must be treated as duty time for the purpose of complying with duty time limitations, unless he is given at least 10 hours of rest on the ground before being assigned to flight duty. (e) Each supplemental air carrier and commercial operator shall give each airman, upon return to his operations base from any flight or series of flights, a rest period that is at least twice the total number of hours he was aloft as a flight crewmember since the last rest period at his base, before assigning him to any further duty. If the required rest period is more than seven days, that part of the rest period that is more than seven days may be given at any time before the pilot is again scheduled for flight duty. (f) No airman may be aloft as a flight crewmember for more than 350 hours in any 90 consecutive days. Sec. 121.525 Flight time limitations: Pilots serving in more than one kind of flight crew. (a) This section applies to each pilot assigned during any 30 consecutive days to more than one type of flight crew. (b) The flight time limitations for a pilot who is scheduled for duty aloft for more than 20 hours in two-pilot crews in 30 consecutive days, or whose assignment in such a crew is interrupted more than once in any 30 consecutive days by assignment to a crew of two or more pilots and an additional flight crewmember, are those listed in Secs. 121.503 through 121.509, as appropriate. (c) Except for a pilot covered by paragraph (b) of this section, the flight time limitations for a pilot scheduled for duty aloft for more than 20 hours in two-pilot and additional flight crewmember crews in 30 consecutive days or whose assignment in such a crew is interrupted more than once in any 30 consecutive days by assignment to a crew consisting of three pilots and an additional flight crewmember, are those set forth in Sec. 121.521. (d) The flight time limitations for a pilot to whom paragraphs (b) and (c) of this section do not apply, and who is scheduled for duty aloft for a total of not more than 20 hours within 30 consecutive days in two-pilot crews (with or without additional flight crewmembers) are those set forth in Sec. 121.523. (e) The flight time limitations for a pilot assigned to each of two-pilot, two-pilot and additional flight crewmember, and three-pilot and additional flight crewmember crews in 30 consecutive days, and who is not subject to paragraph (b), (c), or (d) of this section, are those listed in Sec. 121.523. Subpart T--Flight Operations Source: Docket No. 6258, 29 FR 19219, Dec. 31, 1964, unless otherwise noted. Sec. 121.531 Applicability. This subpart prescribes requirements for flight operations applicable to all certificate holders, except where otherwise specified. Sec. 121.533 Responsibility for operational control: Domestic air carriers. (a) Each domestic air carrier is responsible for operational control. (b) The pilot in command and the aircraft dispatcher are jointly responsible for the preflight planning, delay, and dispatch release of a flight in compliance with this chapter and operations specifications. (c) The aircraft dispatcher is responsible for-- (1) Monitoring the progress of each flight; (2) Issuing necessary information for the safety of the flight; and (3) Cancelling or redispatching a flight if, in his opinion or the opinion of the pilot in command, the flight cannot operate or continue to operate safely as planned or released. (d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crew and is responsible for the safety of the passengers, crewmembers, cargo, and airplane. (e) Each pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid certificates authorizing him to perform the duties of those crewmembers. Sec. 121.535 Responsibility for operational control: Flag air carriers. (a) Each flag air carrier is responsible for operational control. (b) The pilot in command and the aircraft dispatcher are jointly responsible for the preflight planning, delay, and dispatch release of a flight in compliance with this chapter and operations specifications. (c) The aircraft dispatcher is responsible for-- (1) Monitoring the progress of each flight; (2) Issuing necessary instructions and information for the safety of the flight; and (3) Cancelling or redispatching a flight if, in his opinion or the opinion of the pilot in command, the flight cannot operate or continue to operate safely as planned or released. (d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crew and is responsible for the safety of the passengers, crewmembers, cargo, and airplane. (e) Each pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid certificates authorizing him to perform the duties of those crewmembers. (f) No pilot may operate an aircraft in a careless or reckless manner so as to endanger life or property. Sec. 121.537 Responsibility for operational control: Supplemental air carriers and commercial operators. (a) Each supplemental air carrier and commercial operator-- (1) Is responsible for operational control; and (2) Shall list each person authorized by it to exercise operational control in its operator's manual. (b) The pilot in command and the director of operations are jointly responsible for the initiation, continuation, diversion, and termination of a flight in compliance with this chapter and the operations specifications. The director of operations may delegate the functions for the initiation, continuation, diversion, and termination of a flight but he may not delegate the responsibility for those functions. (c) The director of operations is responsible for cancelling, diverting, or delaying a flight if in his opinion or the opinion of the pilot in command the flight cannot operate or continue to operate safely as planned or released. The director of operations is responsible for assuring that each flight is monitored with respect to at least the following: (1) Departure of the flight from the place of origin and arrival at the place of destination, including intermediate stops and any diversions therefrom. (2) Maintenance and mechanical delays encountered at places of origin and destination and intermediate stops. (3) Any known conditions that may adversely affect the safety of flight. (d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crew and is responsible for the safety of the passengers, crewmembers, cargo, and aircraft. The pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid certificates authorizing him to perform the duties of those crewmembers. (e) Each pilot in command of an aircraft is responsible for the preflight planning and the operation of the flight in compliance with this chapter and the operations specifications. (f) No pilot may operate an aircraft, in a careless or reckless manner, so as to endanger life or property. Sec. 121.538 Airplane security. Certificate holders conducting operations under this part shall comply with the applicable security requirements in Part 108 of this chapter. [Amdt. 121-167, 46 FR 3790, Jan. 15, 1981] Sec. 121.539 Operations notices. Each certificate holder shall notify its appropriate operations personnel of each change in equipment and operating procedures, including each known change in the use of navigation aids, airports, air traffic control procedures and regulations, local airport traffic control rules, and known hazards to flight, including icing and other potentially hazardous meteorological conditions and irregularities in ground and navigation facilities. Sec. 121.541 Operations schedules: Domestic and flag air carriers. In establishing flight operations schedules, each domestic and flag air carrier shall allow enough time for the proper servicing of aircraft at intermediate stops, and shall consider the prevailing winds en route and the cruising speed of the type of aircraft used. This cruising speed may not be more than that resulting from the specified cruising output of the engines. Sec. 121.542 Flight crewmember duties. (a) No certificate holder shall require, nor may any flight crewmember perform, any duties during a critical phase of flight except those duties required for the safe operation of the aircraft. Duties such as company required calls made for such nonsafety related purposes as ordering galley supplies and confirming passenger connections, announcements made to passengers promoting the air carrier or pointing out sights of interest, and filling out company payroll and related records are not required for the safe operation of the aircraft. (b) No flight crewmember may engage in, nor may any pilot in command permit, any activity during a critical phase of flight which could distract any flight crewmember from the performance of his or her duties or which could interfere in any way with the proper conduct of those duties. Activities such as eating meals, engaging in nonessential conversations within the cockpit and nonessential communications between the cabin and cockpit crews, and reading publications not related to the proper conduct of the flight are not required for the safe operation of the aircraft. (c) For the purposes of this section, critical phases of flight includes all ground operations involving taxi, takeoff and landing, and all other flight operations conducted below 10,000 feet, except cruise flight. Note: Taxi is defined as "movement of an airplane under its own power on the surface of an airport." [Amdt. 121-168, 46 FR 5502, Jan. 19, 1981] Sec. 121.543 Flight crewmembers at controls. (a) Except as provided in paragraph (b) of this section, each required flight crewmember on flight deck duty must remain at the assigned duty station with seat belt fastened while the aircraft is taking off or landing, and while it is en route. (b) A required flight crewmember may leave the assigned duty station-- (1) If the crewmember's absence is necessary for the performance of duties in connection with the operation of the aircraft; (2) If the crewmember's absence is in connection with physiological needs; or (3) If the crewmember is taking a rest period, and relief is provided-- (i) In the case of the assigned pilot in command during the en route cruise portion of the flight, by a pilot who holds an airline transport pilot certificate and an appropriate type rating, is currently qualified as pilot in command or second in command, and is qualified as pilot in command of that aircraft during the en route cruise portion of the flight. A second in command qualified to act as a pilot in command en route need not have completed the following pilot in command requirements: The 6-month recurrent flight training required by Sec. 121.433(c)(1)(iii); the operating experience required by Sec. 121.434; the takeoffs and landings required by Sec. 121.439; the line check required by Sec. 121.440; and the 6-month proficiency check or simulator training required by Sec. 121.441(a)(1); and (ii) In the case of the assigned second in command, by a pilot qualified to act as second in command of that aircraft during en route operations. However, the relief pilot need not meet the recent experience requirements of Sec. 121.439(b). [Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-179, 47 FR 33390, Aug. 2, 1982] Sec. 121.545 Manipulation of controls. No pilot in command may allow any person to manipulate the controls of an aircraft during flight nor may any person manipulate the controls during flight unless that person is-- (a) A qualified pilot of the certificate holder operating that aircraft. (b) An authorized pilot safety representative of the Administrator or of the National Transportation Safety Board who has the permission of the pilot in command, is qualified in the aircraft, and is checking flight operations; or (c) A pilot of another certificate holder who has the permission of the pilot in command, is qualified in the aircraft, and is authorized by the certificate holder operating the aircraft. [Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 121-144, 43 FR 22648, May 25, 1978] Sec. 121.547 Admission to flight deck. (a) No person may admit