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 any person to the flight deck of an aircraft unless the person being admitted is-- (1) A crewmember; (2) An FAA air carrier inspector, or an authorized representative of the National Transportation Safety Board, who is performing official duties; (3) An employee of the United States, a certificate holder, or an aeronautical enterprise who has the permission of the pilot in command and whose duties are such that admission to the flight deck is necessary or advantageous for safe operations; or (4) Any person who has the permission of the pilot in command and is specifically authorized by the certificate holder management and by the Administrator. Paragraph (a)(2) of this section does not limit the emergency authority of the pilot in command to exclude any person from the flight deck in the interests of safety. (b) For the purposes of paragraph (a)(3) of this section, employees of the United States who deal responsibly with matters relating to safety and employees of the certificate holder whose efficiency would be increased by familiarity with flight conditions, may be admitted by the certificate holder. However, the certificate holder may not admit employees of traffic, sales, or other departments that are not directly related to flight operations, unless they are eligible under paragraph (a)(4) of this section. (c) No person may admit any person to the flight deck unless there is a seat available for his use in the passenger compartment, except-- (1) An FAA air carrier inspector or an authorized representative of the Administrator or National Transportation Safety Board who is checking or observing flight operations; (2) An air traffic controller who is authorized by the Administrator to observe ATC procedures; (3) A certificated airman employed by the certificate holder whose duties require an airman certificate; (4) A certificated airman employed by another certificate holder whose duties with that carrier require an airman certificate and who is authorized by the certificate holder operating the aircraft to make specific trips over a route; (5) An employee of the certificate holder operating the aircraft whose duty is directly related to the conduct or planning of flight operations or the inflight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessary to perform his duties and he has been authorized in writing by a responsible supervisor, listed in the Operations Manual as having that authority; and (6) A technical representative of the manufacturer of the aircraft or its components whose duties are directly related to the in-flight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessary to perform his duties, and he has been authorized in writing by the Administrator and by a responsible supervisor of the operations department of the certificate holder, listed in the Operations Manual as having that authority. [Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967] Sec. 121.548 Aviation safety inspector's credentials: Admission to pilot's compartment. Whenever, in performing the duties of conducting an inspection, an inspector of the Federal Aviation Administration presents form FAA 110A, "Aviation Safety Inspector's Credential," to the Pilot in command of an aircraft operated by an air carrier or commercial operator, the inspector must be given free and uninterrupted access to the pilot's compartment of that aircraft. [Amdt. 121-143, 43 FR 22642, May 25, 1978] Sec. 121.549 Flying equipment. (a) The pilot in command shall ensure that appropriate aeronautical charts containing adequate information concerning navigation aids and instrument approach procedures are aboard the aircraft for each flight. (b) Each crewmember shall, on each flight, have readily available for his use a flashlight that is in good working order. Sec. 121.550 Secret Service Agents: Admission to flight deck. Whenever an Agent of the Secret Service who is assigned the duty of protecting a person aboard an aircraft operated by an air carrier or commercial operator considers it necessary in the performance of his duty to ride on the flight deck of the aircraft, he must, upon request and presentation of his Secret Service credentials to the pilot in command of the aircraft, be admitted to the flight deck and permitted to occupy an observer seat thereon. [Amdt. 121-64, 35 FR 12061, July 28, 1970] Sec. 121.551 Restriction or suspension of operation: Domestic and flag air carriers. When a domestic or flag air carrier knows of conditions, including airport and runway conditions, that are a hazard to safe operations, it shall restrict or suspend operations until those conditions are corrected. Sec. 121.553 Restriction or suspension of operation: Supplemental air carriers and commercial operators. When a supplemental air carrier, commercial operator, or pilot in command knows of conditions, including airport and runway conditions, that are a hazard to safe operations, the air carrier, commercial operator, or pilot in command, as the case may be, shall restrict or suspend operations until those conditions are corrected. Sec. 121.555 Compliance with approved routes and limitations: Domestic and flag air carriers. No pilot may operate an airplane in scheduled air transportation-- (a) Over any route or route segment unless it is specified in the domestic or flag air carrier's operations specifications; or (b) Other than in accordance with the limitations in the operations specifications. Sec. 121.557 Emergencies: Domestic and flag air carriers. (a) In an emergency situation that requires immediate decision and action the pilot in command may take any action that he considers necessary under the circumstances. In such a case he may deviate from prescribed operations procedures and methods, weather minimums, and this chapter, to the extent required in the interests of safety. (b) In an emergency situation arising during flight that requires immediate decision and action by an aircraft dispatcher, and that is known to him, the aircraft dispatcher shall advise the pilot in command of the emergency, shall ascertain the decision of the pilot in command, and shall have the decision recorded. If the aircraft dispatcher cannot communicate with the pilot, he shall declare an emergency and take any action that he considers necessary under the circumstances. (c) Whenever a pilot in command or dispatcher exercises emergency authority, he shall keep the appropriate ATC facility and dispatch centers fully informed of the progress of the flight. The person declaring the emergency shall send a written report of any deviation through the air carrier's operations manager, to the Administrator. A dispatcher shall send his report within 10 days after the date of the emergency, and a pilot in command shall send his report within 10 days after returning to his home base. Sec. 121.559 Emergencies: Supplemental air carriers and commercial operators. (a) In an emergency situation that requires immediate decision and action, the pilot in command may take any action that he considers necessary under the circumstances. In such a case, he may deviate from prescribed operations, procedures and methods, weather minimums, and this chapter, to the extent required in the interests of safety. (b) In an emergency situation arising during flight that requires immediate decision and action by appropriate management personnel in the case of operations conducted with a flight following service and which is known to them, those personnel shall advise the pilot in command of the emergency, shall ascertain the decision of the pilot in command, and shall have the decision recorded. If they cannot communicate with the pilot, they shall declare an emergency and take any action that they consider necessary under the circumstances. (c) Whenever emergency authority is exercised, the pilot in command or the appropriate management personnel shall keep the appropriate ground radio station fully informed of the progress of the flight. The person declaring the emergency shall send a written report of any deviation, through the air carrier's or commercial operator's director of operations, to the Administrator within 10 days after the flight is completed or, in the case of operations outside the United States, upon return to the home base. Sec. 121.561 Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities. (a) Whenever he encounters a meteorological condition or an irregularity in a ground or navigational facility, in flight, the knowledge of which he considers essential to the safety of other flights, the pilot in command shall notify an appropriate ground station as soon as practicable. (b) The ground radio station that is notified under paragraph (a) of this section shall report the information to the agency directly responsible for operating the facility. Sec. 121.563 Reporting mechanical irregularities. The pilot in command shall ensure that all mechanical irregularities occurring during flight time are entered in the maintenance log of the airplane at the end of that flight time. Before each flight the pilot in command shall ascertain the status of each irregularity entered in the log at the end of the preceding flight. [Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt. 121-179, 47 FR 33390, Aug. 2, 1982] Sec. 121.565 Engine inoperative: Landing; reporting. (a) Except as provided in paragraph (b) of this section, whenever an engine of an airplane fails or whenever the rotation of an engine is stopped to prevent possible damage, the pilot in command shall land the airplane at the nearest suitable airport, in point of time, at which a safe landing can be made. (b) If not more than one engine of an airplane that has three or more engines fails or its rotation is stopped, the pilot in command may proceed to an airport that he selects if, after considering the following, he decides that proceeding to that airport is as safe as landing at the nearest suitable airport: (1) The nature of the malfunction and the possible mechanical difficulties that may occur if flight is continued. (2) The altitude, weight, and usable fuel at the time of engine stoppage. (3) The weather conditions en route and at possible landing points. (4) The air traffic congestion. (5) The kind of terrain. (6) His familiarity with the airport to be used. (c) The pilot in command shall report each stoppage of engine rotation in flight to the appropriate ground radio station as soon as practicable and shall keep that station fully informed of the progress of the flight. (d) If the pilot in command lands at an airport other than the nearest suitable airport, in point of time, he shall (upon completing the trip) send a written report, in duplicate, to his operations manager (or director of operations in the case of a supplemental air carrier or commercial operator) stating his reasons for determining that his selection of an airport, other than the nearest airport, was as safe a course of action as landing at the nearest suitable airport. The operations manager or director of operations shall, within 10 days after the pilot returns to his home base, send a copy of this report with his comments to the FAA Flight Standards District Office charged with the overall inspection of the air carrier's operations. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.567 Instrument approach procedures and IFR landing minimums. No person may make an instrument approach at an airport except in accordance with IFR weather minimums and instrument approach procedures set forth in the certificate holder's operations specifications. Sec. 121.569 Equipment interchange: Domestic and flag air carriers. (a) Before operating under an interchange agreement, each domestic and flag air carrier shall show that-- (1) The procedures for the interchange operation conform with this chapter and with safe operating practices; (2) Required crewmembers and dispatchers meet approved training requirements for the airplanes and equipment to be used and are familiar with the communications and dispatch procedures to be used; (3) Maintenance personnel meet training requirements for the airplanes and equipment, and are familiar with the maintenance procedures to be used; (4) Flight crewmembers and dispatchers meet appropriate route and airport qualifications; and (5) The airplanes to be operated are essentially similar to the airplanes of the air carrier with whom the interchange is effected with respect to the arrangement of flight instruments and the arrangement and motion of controls that are critical to safety unless the Administrator determines that the air carrier has adequate training programs to insure that any potentially hazardous dissimilarities are safely overcome by flight crew familiarization. (b) Each domestic and flag air carrier shall include the pertinent provisions and procedures involved in the equipment interchange agreement in its manuals. Sec. 121.570 Airplane evacuation capability. (a) No person may cause an airplane carrying passengers to be moved on the surface, take off, or land unless each automatically deployable emergency evacuation assisting means, installed pursuant to Sec. 121.310(a), is ready for evacuation. (b) Each certificate holder shall ensure that, at all times passengers are on board prior to airplane movement on the surface, at least one floor-level exit provides for the egress of passengers through normal or emergency means. [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. 121.571 Briefing passengers before takeoff. (a) Each certificate holder operating a passenger-carrying airplane shall insure that all passengers are orally briefed by the appropriate crewmember as follows: (1) Before each takeoff, on each of the following: (i) Smoking. Each passenger shall be briefed on when, where, and under what conditions smoking is prohibited (including, but not limited to, any applicable requirements of part 252 of this title). This briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with the lighted passenger information signs, posted placards, areas designated for safety purposes as no smoking areas, and crewmember instructions with regard to these items. The briefing shall also include a statement that Federal law prohibits tampering with, disabling, or destroying any smoke detector in an airplane lavatory; smoking in lavatories; and, when applicable, smoking in passenger compartments. (ii) The location of emergency exits. (iii) The use of safety belts, including instructions on how to fasten and unfasten the safety belts. Each passenger shall be briefed on when, where, and under what conditions the safety belt must be fastened about that passenger. This briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with lighted passenger information signs and crewmember instructions concerning the use of safety belts. (iv) The location and use of any required emergency flotation means. (2) After each takeoff, immediately before or immediately after turning the seat belt sign off, an announcement shall be made that passengers should keep their seat belts fastened, while seated, even when the seat belt sign is off. (3) Except as provided in paragraph (a)(4) of this section, before each takeoff a flight attendant assigned to the flight shall conduct an individual briefing of each person who may need the assistance of another person to move expeditiously to an exit in the event of an emergency. In the briefing the flight attendant shall-- (i) Brief the person and his attendant, if any, on the routes to each appropriate exit and on the most appropriate time to begin moving to an exit in the event of an emergency; and (ii) Inquire of the person and his attendant, if any, as to the most appropriate manner of assisting the person so as to prevent pain and further injury. (4) The requirements of paragraph (a)(3) of this section do not apply to a person who has been given a briefing before a previous leg of a flight in the same aircraft when the flight attendants on duty have been advised as to the most appropriate manner of assisting the person so as to prevent pain and further injury. (b) Each certificate holder shall carry on each passenger-carrying airplane, in convenient locations for use of each passenger, printed cards supplementing the oral briefing and containing-- (1) Diagrams of, and methods of operating, the emergency exits; and (2) Other instructions necessary for use of emergency equipment. Each card required by this paragraph must contain information that is pertinent only to the type and model airplane used for that flight. (c) The certificate holder shall describe in its manual the procedure to be followed in the briefing required by paragraph (a) of this section. [Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 FR 13268, Sept. 20, 1967; Amdt. 121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 121- 133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-144, 43 FR 22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978; Amdt. 121-196, 53 FR 12362, Apr. 13, 1988; 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. 121.573 Briefing passengers: Extended overwater operations. (a) In addition to the oral briefing required by Sec. 121.571(a), each certificate holder operating an airplane in extended overwater operations shall ensure that all passengers are orally briefed by the appropriate crewmember on the location and operation of life preservers, liferafts, and other flotation means, including a demonstration of the method of donning and inflating a life preserver. (b) The certificate holder shall describe in its manual the procedure to be followed in the briefing required by paragraph (a) of this section. (c) If the airplane proceeds directly over water after takeoff, the briefing required by paragraph (a) of this section must be done before takeoff. (d) If the airplane does not proceed directly over water after takeoff, no part of the briefing required by paragraph (a) of this section has to be given before takeoff, but the entire briefing must be given before reaching the overwater part of the flight. [Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-144, 43 FR 22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978] Sec. 121.574 Oxygen for medical use by passengers. (a) A certificate holder may allow a passenger to carry and operate equipment for the storage, generation, or dispensing of oxygen when the following conditions are met: (1) The equipment is-- (i) Furnished by the certificate holder; (ii) Of an approved type or is in conformity with the manufacturing, packaging, marking, labeling, and maintenance requirements of 49 CFR Parts 171, 172, and 173, except Sec. 173.24(a)(1); (iii) Maintained by the certificate holder in accordance with an approved maintenance program; (iv) Free of flammable contaminants on all exterior surfaces; (v) Capable of providing a minimum mass flow of oxygen to the user of four liters per minute; (vi) Constructed so that all valves, fittings, and gauges are protected from damage; and (vii) Appropriately secured. (2) When the oxygen is stored in the form of a liquid, the equipment has been under the certificate holder's approved maintenance program since its purchase new or since the storage container was last purged. (3) When the oxygen is stored in the form of a compressed gas as defined in 49 CFR 173.300(a)-- (i) The equipment has been under the certificate holder's approved maintenance program since its purchase new or since the last hydrostatic test of the storage cylinder; and (ii) The pressure in any oxygen cylinder does not exceed the rated cylinder pressure. (4) Each person using the equipment has a medical need to use it evidenced by a written statement to be kept in that person's possession, signed by a licensed physician which specifies the maximum quantity of oxygen needed each hour and the maximum flow rate needed for the pressure altitude corresponding to the pressure in the cabin of the airplane under normal operating conditions. This paragraph does not apply to the carriage of oxygen in an airplane in which the only passengers carried are persons who may have a medical need for oxygen during flight, no more than one relative or other interested person for each of those persons, and medical attendants. (5) When a physician's statement is required by paragraph (a)(4) of this section, the total quantity of oxygen carried is equal to the maximum quantity of oxygen needed each hour, as specified in the physician's statement, multiplied by the number of hours used to compute the amount of airplane fuel required by this part. (6) The pilot in command is advised when the equipment is on board, and when it is intended to be used. (7) The equipment is stowed, and each person using the equipment is seated, so as not to restrict access to or use of any required emergency, or regular exit or of the aisle in the passenger compartment. (b) No person may, and no certificate holder may allow any person to, smoke within 10 feet of oxygen storage and dispensing equipment carried in accordance with paragraph (a) of this section. (c) No certificate holder may allow any person to connect or disconnect oxygen dispensing equipment, to or from a gaseous oxygen cylinder while any passenger is aboard the airplane. (d) The requirements of this section do not apply to the carriage of supplemental or first-aid oxygen and related equipment required by this chapter. [Amdt. 121-113, 39 FR 42677, Dec. 6, 1974, as amended by Amdt. 121-159, 45 FR 41594, June 19, 1980] Sec. 121.575 Alcoholic beverages. (a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him. (b) No certificate holder may serve any alcoholic beverage to any person aboard any of its aircraft who-- (1) Appears to be intoxicated; (2) Is escorting a person or being escorted in accordance with Sec. 108.21; or (3) Has a deadly or dangerous weapon accessible to him while aboard the aircraft in accordance with Sec. 108.11. (c) No certificate holder may allow any person to board any of its aircraft if that person appears to be intoxicated. (d) Each certificate holder shall, within five days after the incident, report to the Administrator the refusal of any person to comply with paragraph (a) of this section, or of any disturbance caused by a person who appears to be intoxicated aboard any of its aircraft. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-118, 40 FR 17552, Apr. 21, 1975; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Sec. 121.576 Retention of items of mass in passenger and crew compartments. The certificate holder must provide and use means to prevent each item of galley equipment and each serving cart, when not in use, and each item of crew baggage, which is carried in a passenger or crew compartment from becoming a hazard by shifting under the appropriate load factors corresponding to the emergency landing conditions under which the airplane was type certificated. [Amdt. 121-144, 43 FR 22648, May 25, 1978] Sec. 121.577 Stowage of food, beverage, and passenger service equipment during airplane movement on the surface, takeoff, and landing. (a) No certificate holder may move an airplane on the surface, take off, or land when any food, beverage, or tableware furnished by the certificate holder is located at any passenger seat. (b) No certificate holder may move an airplane on the surface, take off, or land unless each food and beverage tray and seat back tray table is secured in its stowed position. (c) No certificate holder may permit an airplane to move on the surface, take off, or land unless each passenger serving cart is secured in its stowed position. (d) No certificate holder may permit an airplane to move on the surface, take off, or land unless each movie screen that extends into an aisle is stowed. (e) Each passenger shall comply with instructions given by a crewmember with regard to compliance with this section. [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. 121.578 Cabin ozone concentration. (a) For the purpose of this section, the following definitions apply: (1) "Flight segment" means scheduled nonstop flight time between two airports. (2) "Sea level equivalent" refers to conditions of 25 deg. C and 760 millimeters of mercury pressure. (b) Except as provided in paragraphs (d) and (e) of this section, no certificate holder may operate a transport category airplane above the following flight levels unless it is successfully demonstrated to the Administrator that the concentration of ozone inside the cabin will not exceed-- (1) For flight above flight level 320, 0.25 parts per million by volume, sea level equivalent, at any time above that flight level; and (2) For flight above flight level 270, 0.1 parts per million by volume, sea level equivalent, time-weighted average for each flight segment that exceeds 4 hours and includes flight above that flight level. (For this purpose, the amount of ozone below flight level 180 is considered to be zero.) (c) Compliance with this section must be shown by analysis or tests, based on either airplane operational procedures and performance limitations or the certificate holder's operations. The analysis or tests must show either of the following: (1) Atmospheric ozone statistics indicate, with a statistical confidence of at least 84%, that at the altitudes and locations at which the airplane will be operated cabin ozone concentrations will not exceed the limits prescribed by paragraph (b) of this section. (2) The airplane ventilation system including any ozone control equipment, will maintain cabin ozone concentrations at or below the limits prescribed by paragraph (b) of this section. (d) A certificate holder may obtain an authorization to deviate from the requirements of paragraph (b) of this section, by an amendment to its operations specifications, if-- (1) It shows that due to circumstances beyond its control or to unreasonable economic burden it cannot comply for a specified period of time; and (2) It has submitted a plan acceptable to the Administrator to effect compliance to the extent possible. (e) A certificate holder need not comply with the requirements of paragraph (b) of this section for an aircraft-- (1) When the only persons carried are flight crewmembers and persons listed in Sec. 121.583; (2) If the aircraft is scheduled for retirement before January 1, 1985; or (3) If the aircraft is scheduled for re-engining under the provisions of Subpart E of Part 91, until it is re-engined. [Doc. No. 121-154, 45 FR 3883, Jan. 21, 1980. Redesignated by Amdt. 121-162, 45 FR 46739, July 10, 1980; Amdt. 121-181, 47 FR 58489, Dec. 30, 1982] Sec. 121.579 Minimum altitudes for use of autopilot. (a) En route operations. Except as provided in paragraphs (b) and (c) of this section, no person may use an autopilot en route, including climb and descent, at an altitude above the terrain that is less than twice the maximum altitude loss specified in the Airplane Flight Manual for a malfunction of the autopilot under cruise conditions, or less than 500 feet, whichever is higher. (b) Approaches. When using an instrument approach facility, no person may use an autopilot at an altitude above the terrain that is less than twice the maximum altitude loss specified in the Airplane Flight Manual for a malfunction of the autopilot under approach conditions, or less than 50 feet below the approved minimum descent altitude or decision height for the facility, whichever is higher, except-- (1) When reported weather conditions are less than the basic VFR weather conditions in Sec. 91.155 of this chapter, no person may use an autopilot with an approach coupler for ILS approaches at an altitude above the terrain that is less than 50 feet higher than the maximum altitude loss specified in the Airplane Flight Manual for the malfunction of the autopilot with approach coupler under approach conditions; and (2) When reported weather conditions are equal to or better than the basic VFR minimums in Sec. 91.155 of this chapter, no person may use an autopilot with an approach coupler for ILS approaches at an altitude above the terrain that is less than the maximum altitude loss specified in the Airplane Flight Manual for the malfunction of the autopilot with approach coupler under approach conditions, or 50 feet, whichever is higher. (c) Notwithstanding paragraph (a) or (b) of this section, the Administrator issues operations specifications to allow the use, to touchdown, of an approved flight control guidance system with automatic capability, in any case in which-- (1) The system does not contain any altitude loss (above zero) specified in the Airplane Flight Manual for malfunction of the autopilot with approach coupler; and (2) He finds that the use of the system to touchdown will not otherwise affect the safety standards required by this section. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-13, 30 FR 14781, Nov. 30, 1965; Amdt. 121-33, 32 FR 13912, Oct. 6, 1967; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.579(b)(1) and (2) were amended by changing the cross reference "Sec. 91.105" to read "Sec. 91.155", effective August 18, 1990. Sec. 121.581 Forward observer's seat: En route inspections. (a) Each certificate holder shall make available a seat on the flight deck of each airplane, used by it in air commerce, for occupancy by the Administrator while conducting en route inspections. The location and equipment of the seat, with respect to its suitability for use in conducting en route inspections, is determined by the Administrator. (b) In each airplane that has more than one observer's seat, in addition to the seats required for the crew complement for which the airplane was certificated, the forward observer's seat or the observer's seat selected by the Administrator must be made available when complying with paragraph (a) of this section. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-144, 43 FR 22648, May 25, 1978] Sec. 121.583 Carriage of persons without compliance with the passenger- carrying requirements of this part. (a) When authorized by the certificate holder, the following persons, but no others, may be carried aboard an airplane without complying with the passenger-carrying airplane requirements in Secs. 121.309(f), 121.310, 121.391, 121.571, and 121.587; the passenger-carrying operation requirements in Secs. 121.157(c), 121.161, and 121.291; and the requirements pertaining to passengers in Secs. 121.285, 121.313(f), 121.317, 121.547, and 121.573: (1) A crewmember. (2) A company employee. (3) An FAA air carrier inspector, or an authorized representative of the National Transportation Safety Board, who is performing official duties. (4) A person necessary for-- (i) The safety of the flight; (ii) The safe handling of animals; (iii) The safe handling of hazardous materials whose carriage is governed by regulations in 49 CFR Part 175; (iv) The security of valuable or confidential cargo; (v) The preservation of fragile or perishable cargo; (vi) Experiments on, or testing of, cargo containers or cargo handling devices; (vii) The operation of special equipment for loading or unloading cargo; and (viii) The loading or unloading of outsize cargo. (5) A person described in paragraph (a)(4) of this section, when traveling to or from his assignment. (6) A person performing duty as an honor guard accompanying a shipment made by or under the authority of the United States. (7) A military courier, military route supervisor, military cargo contract coordinator, or a flight crewmember of another military cargo contract air carrier or commercial operator, carried by a military cargo contract air carrier or commercial operator in operations under a military cargo contract, if that carriage is specifically authorized by the appropriate armed forces. (8) A dependent of an employee of the certificate holder when traveling with the employee on company business to or from outlying stations not served by adequate regular passenger flights. (b) No certificate holder may operate an airplane carrying a person covered by paragraph (a) of this section unless-- (1) Each person has unobstructed access from his seat to the pilot compartment or to a regular or emergency exit; (2) The pilot in command has a means of notifying each person when smoking is prohibited and when safety belts must be fastened; and (3) The airplane has an approved seat with an approved safety belt for each person. The seat must be located so that the occupant is not in any position to interfere with the flight crewmembers performing their duties. (c) Before each takeoff, each certificate holder operating an airplane carrying persons covered by paragraph (a) of this section shall ensure that all such persons have been orally briefed by the appropriate crewmember on-- (1) Smoking; (2) The use of seat belts; (3) The location and operation of emergency exits; (4) The use of oxygen and emergency oxygen equipment; and (5) For extended overwater operations, the location of life rafts, and the location and operation of life preservers including a demonstration of the method of donning and inflating a life preserver. (d) Each certificate holder operating an airplane carrying persons covered by paragraph (a) of this section shall incorporate procedures for the safe carriage of such persons into the air carrier's or commercial operator's operations manual. (e) The pilot in command may authorize a person covered by paragraph (a) of this section to be admitted to the crew compartment of the airplane. [Amdt. 121-67, 35 FR 14612, Sept. 18, 1970, as amended by Amdt. 121-96, 37 FR 19608, Sept. 21, 1972; Amdt. 121-159, 45 FR 41594, June 19, 1980] Sec. 121.585 Exit seating. (a)(1) Each certificate holder shall determine, to the extent necessary to perform the applicable functions of paragraph (d) of this section, the suitability of each person it permits to occupy an exit seat, in accordance with this section. For the purpose of this section-- (i) Exit seat means-- (A) Each seat having direct access to an exit; and, (B) Each seat in a row of seats through which passengers would have to pass to gain access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit. (ii) A passenger seat having "direct access" means a seat from which a passenger can proceed directly to the exit without entering an aisle or passing around an obstruction. (2) Each certificate holder shall make the passenger exit seating determinations required by this paragraph in a non-discriminatory manner consistent with the requirements of this section, by persons designated in the certificate holder's required operations manual. (3) Each certificate holder shall designate the exit seats for each passenger seating configuration in its fleet in accordance with the definitions in this paragraph and submit those designations for approval as part of the procedures required to be submitted for approval under paragraphs (n) and (p) of this section. (b) No certificate holder may seat a person in a seat affected by this section if the certificate holder determines that it is likely that the person would be unable to perform one or more of the applicable functions listed in paragraph (d) of this section because-- (1) The person lacks sufficient mobility, strength, or dexterity in both arms and hands, and both legs: (i) To reach upward, sideways, and downward to the location of emergency exit and exit-slide operating mechanisms; (ii) To grasp and push, pull, turn, or otherwise manipulate those mechanisms; (iii) To push, shove, pull, or otherwise open emergency exits; (iv) To lift out, hold, deposit on nearby seats, or maneuver over the seatbacks to the next row objects the size and weight of over-wing window exit doors; (v) To remove obstructions similar in size and weight to over-wing exit doors; (vi) To reach the emergency exit expeditiously; (vii) To maintain balance while removing obstructions; (viii) To exit expeditiously; (ix) To stabilize an escape slide after deployment; or (x) To assist others in getting off an escape slide; (2) The person is less than 15 years of age or lacks the capacity to perform one or more of the applicable functions listed in paragraph (d) of this section without the assistance of an adult companion, parent, or other relative; (3) The person lacks the ability to read and understand instructions required by this section and related to emergency evacuation provided by the certificate holder in printed or graphic form or the ability to understand oral crew commands. (4) The person lacks sufficient visual capacity to perform one or more of the applicable functions in paragraph (d) of this section without the assistance of visual aids beyond contact lenses or eyeglasses; (5) The person lacks sufficient aural capacity to hear and understand instructions shouted by flight attendants, without assistance beyond a hearing aid; (6) The person lacks the ability adequately to impart information orally to other passengers; or, (7) The person has: (i) A condition or responsibilities, such as caring for small children, that might prevent the person from performing one or more of the applicable functions listed in paragraph (d) of this section; or (ii) A condition that might cause the person harm if he or she performs one or more of the applicable functions listed in paragraph (d) of this section. (c) Each passenger shall comply with instructions given by a crewmember or other authorized employee of the certificate holder implementing exit seating restrictions established in accordance with this section. (d) Each certificate holder shall include on passenger information cards, presented in the language in which briefings and oral commands are given by the crew, at each exit seat affected by this section, information that, in the event of an emergency in which a crewmember is not available to assist, a passenger occupying an exit seat may use if called upon to perform the following functions: (1) Locate the emergency exit; (2) Recognize the emergency exit opening mechanism; (3) Comprehend the instructions for operating the emergency exit; (4) Operate the emergency exit; (5) Assess whether opening the emergency exit will increase the hazards to which passengers may be exposed; (6) Follow oral directions and hand signals given by a crewmember; (7) Stow or secure the emergency exit door so that it will not impede use of the exit; (8) Assess the condition of an escape slide, activate the slide, and stabilize the slide after deployment to assist others in getting off the slide; (9) Pass expeditiously through the emergency exit; and (10) Assess, select, and follow a safe path away from the emergency exit. (e) Each certificate holder shall include on passenger information cards, at each exit seat-- (1) In the primary language in which emergency commands are given by the crew, the selection criteria set forth in paragraph (b) of this section, and a request that a passenger identify himself or herself to allow reseating if he or she: (i) Cannot meet the selection criteria set forth in paragraph (b) of this section; (ii) Has a nondiscernible condition that will prevent him or her from performing the applicable functions listed in paragraph (d) of this section; (iii) May suffer bodily harm as the result of performing one or more of those functions; or (iv) Does not wish to perform those functions; and (2) In each language used by the certificate holder for passenger information cards, a request that a passenger identify himself or herself to allow reseating if he or she lacks the ability to read, speak, or understand the language or the graphic form in which instructions required by this section and related to emergency evacuation are provided by the certificate holder, or the ability to understand the specified language in which crew commands will be given in an emergency. (3) May suffer bodily harm as the result of performing one or more of those functions; or, (4) Does not wish to perform those functions. A certificate holder shall not require the passenger to disclose his or her reason for needing reseating. (f) Each certificate holder shall make available for inspection by the public at all passenger loading gates and ticket counters at each airport where it conducts passenger operations, written, procedures established for making determinations in regard to exit row seating. (g) No certificate holder may allow taxi or pushback unless at least one required crewmember has verified that no exit seat is occupied by a person the crewmember determines is likely to be unable to perform the applicable functions listed in paragraph (d) of this section. (h) Each certificate holder shall include in its passenger briefings a reference to the passenger information cards, required by paragraphs (d) and (e), the selection criteria set forth in paragraph (b), and the functions to be performed, set forth in paragraph (d) of this section. (i) Each certificate holder shall include in its passenger briefings a request that a passenger identify himself or herself to allow reseating if he or she-- (1) Cannot meet the selection criteria set forth in paragraph (b) of this section; (2) Has a nondiscernible condition that will prevent him or her from performing the applicable functions listed in paragraph (d) of this section; (3) May suffer bodily harm as the result of performing one or more of those functions listed in paragraph (d) of this section; or, (4) Does not wish to perform those functions listed in paragraph (d) of this section. A certificate holder shall not require the passenger to disclose his or her reason for needing reseating. (j) [Removed and Reserved] (k) In the event a certificate holder determines in accordance with this section that it is likely that a passenger assigned to an exit seat would be unable to perform the functions listed in paragraph (d) of this section or a passenger requests a non-exit seat, the certificate holder shall expeditiously relocate the passenger to a non-exit seat. (l) In the event of full booking in the non-exit seats and if necessary to accommodate a passenger being relocated from an exit seat, the certificate holder shall move a passenger who is willing and able to assume the evacuation functions that may be required, to an exit seat. (m) A certificate holder may deny transportation to any passenger under this section only because-- (1) The passenger refuses to comply with instructions given by a crewmember or other authorized employee of the certificate holder implementing exit seating restrictions established in accordance with this section, or (2) The only seat that will physically accommodate the person's handicap is an exit seat. (n) In order to comply with this section certificate holders shall-- (1) Establish procedures that address: (i) The criteria listed in paragraph (b) of this section; (ii) The functions listed in paragraph (d) of this section; (iii) The requirements for airport information, passenger information cards, crewmember verification of appropriate seating in exit seats, passenger briefings, seat assignments, and denial of transportation as set forth in this section; (iv) How to resolve disputes arising from implementation of this section, including identification of the certificate holder employee on the airport to whom complaints should be addressed for resolution; and, (2) Submit their procedures for preliminary review and approval to the principal operations inspectors assigned to them at the FAA Flight Standards District Offices that are charged with the overall inspection of their operations. (o) Certificate holders shall assign seats prior to boarding consistent with the criteria listed in paragraph (b) and the functions listed in paragraph (d) of this section, to the maximum extent feasible. (p) The procedures required by paragraph (n) of this section will not become effective until final approval is granted by the Director, Flight Standards Service, Washington, DC. Approval will be based solely upon the safety aspects of the certificate holder's procedures. [Amdt. 121-214, 55 FR 8072, Mar. 6, 1990, as amended by Amdt. 121-232, 57 FR 48663, Oct. 27, 1992] ***************************************************************************** 57 FR 48658, No. 208, Oct. 27, 1992 SUMMARY: The FAA is amending the exit row seating rule to: (1) Replace the term "exit row seat" with the term "exit seat," to clarify that the rule only affects seats that provide direct access to an exit and seats in rows through which passengers must pass to use an exit; (2) prohibit a passenger from sitting in an exit seat if the passenger cannot read, speak, or understand the primary language in which emergency oral commands are given by the crew; (3) require that passenger information cards notify passengers of this prohibition in all of the languages used on the card for more general evacuation information; (4) remove the requirement that exit seat information on passenger information cards be in each language used on the card for more general evacuation information; and (5) prohibit taxi or pushback until a crewmember has verified that no exit is occupied by a person the crewmember determines is unable to perform those functions required in the event of an emergency in which a crewmember is not available to assist. These actions are necessary to relieve burdens on both passengers and operators caused by the restriction of more seats than is necessary in the interest of safety, to ensure that passengers who cannot respond to emergency commands are not seated in exit rows, and to remove unnecessarily burdensome and possibly misleading language requirements for passenger information cards. DATES: Effective October 27, 1992. ***************************************************************************** Sec. 121.586 Authority to refuse transportation. (a) No certificate holder may refuse transportation to a passenger on the basis that, because the passenger may need the assistance of another person to move expeditiously to an exit in the event of an emergency, his transportation would or might be inimical to safety of flight unless-- (1) The certificate holder has established procedures (including reasonable notice requirements) for the carriage of passengers who may need the assistance of another person to move expeditiously to an exit in the event of an emergency; and (2) At least one of the following conditions exist: (i) The passenger fails to comply with the notice requirements in the certificate holder's procedures. (ii) The passenger cannot be carried in accordance with the certificate holder's procedures. (b) Each certificate holder shall provide the FAA Flight Standards District Office charged with the overall inspection of its operations with a copy of each procedure it establishes in accordance with paragraph (a)(2) of this section. (c) Whenever the Administrator finds that revisions in the procedures described in paragraph (a)(2) of this section are necessary in the interest of safety or in the public interest, the certificate holder, after notification by the Administrator, shall make those revisions in its procedures. 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 commerce, he may, upon a statement of the reasons, require a change effective without stay. (d) Each certificate holder shall make available to the public at each airport it serves a copy of each procedure it establishes in accordance with paragraph (a)(1) of this section. [Doc. No. 12881, Amdt. 121-133, 42 FR 18394, Apr. 7, 1977, as amended by Amdt. 121-174, 46 FR 38051, July 23, 1981; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.587 Closing and locking of flight crew compartment door. (a) Except as provided in paragraph (b) of this section, the pilot in command of a large airplane carrying passengers shall ensure that the door separating the flight crew compartment from the passenger compartment is closed and locked during flight. (b) The provisions of paragraph (a) of this section do not apply-- (1) During takeoff and landing if the crew compartment door is the means of access to a required passenger emergency exit or a floor level exit; or (2) At any time that it is necessary to provide access to the flight crew or passenger compartment, to a crewmember in the performance of his duties or for a person authorized admission to the flight crew compartment under Sec. 121.547. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-14, 30 FR 15655, Dec. 18, 1965] Sec. 121.589 Carry-on baggage. (a) No certificate holder may allow the boarding of carry-on baggage on an airplane unless each passenger's baggage has been scanned to control the size and amount carried on board in accordance with an approved carry-on baggage program in its operations specifications. In addition, no passenger may board an airplane if his/her carry-on baggage exceeds the baggage allowance prescribed in the carry-on baggage program in the certificate holder's operations specifications. (b) No certificate holder may allow all passenger entry doors of an airplane to be closed in preparation for taxi or pushback unless at least one required crewmember has verified that each article of baggage is stowed in accordance with this section and Sec. 121.285(c) of this part. (c) No certificate holder may allow an airplane to take off or land unless each article of baggage is stowed: (1) In a suitable closet or baggage or cargo stowage compartment placarded for its maximum weight and providing proper restraint for all baggage or cargo stowed within, and in a manner that does not hinder the possible use of any emergency equipment; or (2) As provided in Sec. 121.285(c) of this part; or (3) Under a passenger seat. (d) Baggage, other than articles of loose clothing, may not be placed in an overhead rack unless that rack is equipped with approved restraining devices or doors. (e) Each passenger must comply with instructions given by crewmembers regarding compliance with paragraphs (a), (b), (c), (d), and (g) of this section. (f) Each passenger seat under which baggage is allowed to be stowed shall be fitted with a means to prevent articles of baggage stowed under it from sliding forward. In addition, each aisle seat shall be fitted with a means to prevent articles of baggage stowed under it from sliding sideward into the aisle under crash impacts severe enough to induce the ultimate inertia forces specified in the emergency landing condition regulations under which the airplane was type certificated. (g) In addition to the methods of stowage in paragraph (c) of this section, flexible travel canes carried by blind individuals may be stowed-- (1) Under any series of connected passenger seats in the same row, if the cane does not protrude into an aisle and if the cane is flat on the floor; or (2) Between a nonemergency exit window seat and the fuselage, if the cane is flat on the floor; or (3) Beneath any two nonemergency exit window seats, if the cane is flat on the floor; or (4) In accordance with any other method approved by the Administrator. [Doc. No. 24996, Amdt. 121-194, 52 FR 21476, June 5, 1987] Sec. 121.590 Use of certificated land airports. (a) Unless otherwise authorized by the Administrator, no air carrier, and no pilot being used by an air carrier may, in the conduct of operations governed by this part, operate an aircraft into a land airport in any State of the United States, the District of Columbia, or any territory or possession of the United States, unless that airport is certificated under Part 139 of this chapter. However, an air carrier may designate and use as a required alternate airport for departure or destination an airport that is not certificated under Part 139 of this chapter. (b) Notwithstanding Sec. 121.13 (a) and (b), the provisions of this section apply to air carriers specified herein when conducting operations with helicopters. [Doc. No. 20450, Amdt. 121-182, 49 FR 18089, Apr. 27, 1984] Subpart U--Dispatching and Flight Release Rules Source: Docket No. 6258, 29 FR 19222, Dec. 31, 1964, unless otherwise noted. Sec. 121.591 Applicability. This subpart prescribes dispatching rules for domestic and flag air carriers and flight release rules for supplemental air carriers and commercial operators. Sec. 121.593 Dispatching authority: Domestic air carriers. Except when an airplane lands at an intermediate airport specified in the original dispatch release and remains there for not more than one hour, no person may start a flight unless an aircraft dispatcher specifically authorizes that flight. Sec. 121.595 Dispatching authority: Flag air carriers. (a) No person may start a flight unless an aircraft dispatcher specifically authorizes that flight. (b) No person may continue a flight from an intermediate airport without redispatch if the airplane has been on the ground more than six hours. Sec. 121.597 Flight release authority: Supplemental air carriers and commercial operators. (a) No person may start a flight under a flight following system without specific authority from the person authorized by the operator to exercise operational control over the flight. (b) No person may start a flight unless the pilot in command or the person authorized by the operator to exercise operational control over the flight has executed a flight release setting forth the conditions under which the flights will be conducted. The pilot in command may sign the flight release only when he and the person authorized by the operator to exercise operational control believe that the flight can be made with safety. (c) No person may continue a flight from an intermediate airport without a new flight release if the aircraft has been on the ground more than six hours. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3639, Mar. 19, 1965] Sec. 121.599 Familiarity with weather conditions. (a) Domestic and flag air carriers. No aircraft dispatcher may release a flight unless he is thoroughly familiar with reported and forecast weather conditions on the route to be flown. (b) Supplemental air carriers and commercial operators. No pilot in command may begin a flight unless he is thoroughly familiar with reported and forecast weather conditions on the route to be flown. Sec. 121.601 Aircraft dispatcher information to pilot in command: Domestic and flag air carriers. (a) The aircraft dispatcher shall provide the pilot in command all available current reports or information on airport conditions and irregularities of navigation facilities that may affect the safety of the flight. (b) By December 31, 1977, before beginning a flight, the aircraft dispatcher shall provide the pilot in command with all available weather reports and forecasts of weather phenomena that may affect the safety of flight, including adverse weather phenomena, such as clear air turbulence, thunderstorms, and low altitude wind shear, for each route to be flown and each airport to be used. (c) During a flight, the aircraft dispatcher shall provide the pilot in command any additional available information of meteorological conditions (including, by December 31, 1977, adverse weather phenomena, such as clear air turbulence, thunderstorms, and low altitude wind shear), and irregularities of facilities and services that may affect the safety of the flight. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-134, 42 FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25, 1978] Sec. 121.603 Facilities and services: Supplemental air carriers and commercial operators. (a) Before beginning a flight, each pilot in command shall obtain all available current reports or information on airport conditions and irregularities of navigation facilities that may affect the safety of the flight. (b) During a flight, the pilot in command shall obtain any additional available information of meteorological conditions and irregularities of facilities and services that may affect the safety of the flight. Sec. 121.605 Airplane equipment. No person may dispatch or release an airplane unless it is airworthy and is equipped as prescribed in Sec. 121.303. Sec. 121.607 Communication and navigation facilities: Domestic and flag air carriers. (a) Except as provided in paragraph (b) of this section for flag air carriers, no person may dispatch an airplane over an approved route or route segment unless the communication and navigation facilities required by Secs. 121.99 and 121.103 for the approval of that route or segment are in satisfactory operating condition. (b) If, because of technical reasons or other reasons beyond the control of a flag air carrier, the facilities required by Secs. 121.99 and 121.103 are not available over a route or route segment outside the United States, the air carrier may dispatch an airplane over that route or route segment if the pilot in command and dispatcher find that communication and navigation facilities equal to those required are available and are in satisfactory operating condition. Sec. 121.609 Communication and navigation facilities: Supplemental air carriers and commercial operators. No person may release an aircraft over any route or route segment unless communication and navigation facilities equal to those required by Sec. 121.121 are in satisfactory operating condition. Sec. 121.611 Dispatch or flight release under VFR. No person may dispatch or release an aircraft for VFR operation unless the ceiling and visibility en route, as indicated by available weather reports or forecasts, or any combination thereof, are and will remain at or above applicable VFR minimums until the aircraft arrives at the airport or airports specified in the dispatch or flight release. Sec. 121.613 Dispatch or flight release under IFR or over the top. Except as provided in Sec. 121.615, no person may dispatch or release an aircraft for operations under IFR or over-the-top, unless appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at the airport or airports to which dispatched or released. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR 13912, Oct. 6, 1967] Sec. 121.615 Dispatch or flight release over water: Flag and supplemental air carriers and commercial operators. (a) No person may dispatch or release an aircraft for a flight that involves extended overwater operation unless appropriate weather reports or forecasts or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at any airport to which dispatched or released or to any required alternate airport. (b) Each flag and supplemental air carrier and commercial operator shall conduct extended overwater operations under IFR unless it shows that operating under IFR is not necessary for safety. (c) Each flag and supplemental air carrier and commercial operator shall conduct other overwater operations under IFR if the Administrator determines that operation under IFR is necessary for safety. (d) Each authorization to conduct extended overwater operations under VFR and each requirement to conduct other overwater operations under IFR will be specified in the air carrier's or commercial operator's operations specifications. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR 13912, Oct. 6, 1967] Sec. 121.617 Alternate airport for departure. (a) If the weather conditions at the airport of takeoff are below the landing minimums in the certificate holder's operations specifications for that airport, no person may dispatch or release an aircraft from that airport unless the dispatch or flight release specifies an alternate airport located within the following distances from the airport of takeoff: (1) Aircraft having two engines. Not more than one hour from the departure airport at normal cruising speed in still air with one engine inoperative. (2) Aircraft having three or more engines. Not more than two hours from the departure airport at normal cruising speed in still air with one engine inoperative. (b) For the purpose of paragraph (a) of this section, the alternate airport weather conditions must meet the requirements of the certificate holder's operations specifications. (c) No person may dispatch or release an aircraft from an airport unless he lists each required alternate airport in the dispatch or flight release. Sec. 121.619 Alternate airport for destination: IFR or over-the-top: Domestic air carriers. (a) No person may dispatch an airplane under IFR or over-the-top unless he lists at least one alternate airport for each destination airport in the dispatch release. When the weather conditions forecast for the destination and first alternate airport are marginal at least one additional alternate must be designated. However, no alternate airport is required if for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appropriate weather reports or forecasts, or any combination of them, indicate-- (1) The ceiling will be at least 2,000 feet above the airport elevation; and (2) Visibility will be at least 3 miles. (b) For the purposes of paragraph (a) of this section, the weather conditions at the alternate airport must meet the requirements of Sec. 121.625. (c) No person may dispatch a flight unless he lists each required alternate airport in the dispatch release. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 45 FR 41594, June 19, 1980] Sec. 121.621 Alternate airport for destination: Flag air carriers. (a) No person may dispatch an airplane under IFR or over-the-top unless he lists at least one alternate airport for each destination airport in the dispatch release, unless-- (1) The flight is scheduled for not more than 6 hours and, for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport, the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling will be: (i) At least 1,500 feet above the lowest circling MDA, if a circling approach is required and authorized for that airport; or (ii) At least 1,500 feet above the lowest published instrument approach minimum or 2,000 feet above the airport elevation, whichever is greater; and (iii) The visibility at that airport will be at least 3 miles, or 2 miles more than the lowest applicable visibility minimums, whichever is greater, for the instrument approach procedures to be used at the destination airport; or (2) The flight is over a route approved without an available alternate airport for a particular destination airport and the airplane has enough fuel to meet the requirements of Sec. 121.641(b) or Sec. 121.645(c). (b) For the purposes of paragraph (a) of this section, the weather conditions at the alternate airport must meet the requirements of the air carrier's operations specifications. (c) No person may dispatch a flight unless he lists each required alternate airport in the dispatch release. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 45 FR 41594, June 19, 1980] Sec. 121.623 Alternate airport for destination; IFR or over-the-top: Supplemental air carriers and commercial operators. (a) Except as provided in paragraph (b) of this section, each person releasing an aircraft for operation under IFR or over-the-top shall list at least one alternate airport for each destination airport in the flight release. (b) An alternate airport need not be designated for IFR or over-the-top operations where the aircraft carries enough fuel to meet the requirements of Secs. 121.643 and 121.645 for flights outside the 48 contiguous States and the District of Columbia over routes without an available alternate airport for a particular airport of destination. (c) For the purposes of paragraph (a) of this section, the weather requirements at the alternate airport must meet the requirements of the air carrier's or commercial operator's operations specifications. (d) No person may release a flight unless he lists each required alternate airport in the flight release. Sec. 121.625 Alternate airport weather minimums. No person may list an airport as an alternate airport in the dispatch or flight release unless the appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the alternate weather minimums specified in the certificate holder's operations specifications for that airport when the flight arrives. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR 13912, Oct. 6, 1967] Sec. 121.627 Continuing flight in unsafe conditions. (a) No pilot in command may allow a flight to continue toward any airport to which it has been dispatched or released if, in the opinion of the pilot in command or dispatcher (domestic and flag air carriers only), the flight cannot be completed safely; unless, in the opinion of the pilot in command, there is no safer procedure. In that event, continuation toward that airport is an emergency situation as set forth in Sec. 121.557. (b) If any instrument or item of equipment required under this chapter for the particular operation becomes inoperative en route, the pilot in command shall comply with the approved procedures for such an occurrence as specified in the certificate holder's manual. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by 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. 121.628 Inoperable instruments and equipment. (a) No person may take off an airplane with inoperable instruments or equipment installed unless the following conditions are met: (1) An approved Minimum Equipment List exists for that airplane. (2) The Flight Standards District Office having certification responsibility has issued the certificate holder operations specifications authorizing operations in accordance with an approved Minimum Equipment List. The flight crew shall have direct access at all times prior to flight to all of the information contained in the approved Minimum Equipment List through printed or other means approved by the Administrator in the certificate holders operations specifications. An approved Minimum Equipment List, as authorized by the operations specifications, constitutes an approved change to the type design without requiring recertification. (3) The approved Minimum Equipment List must: (i) Be prepared in accordance with the limitations specified in paragraph (b) of this section. (ii) Provide for the operation of the airplane with certain instruments and equipment in an inoperable condition. (4) Records identifying the inoperable instruments and equipment and the information required by paragraph (a)(3)(ii) of this section must be available to the pilot. (5) The airplane is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the operations specifications authorizing use of the Minimum Equipment List. (b) The following instruments and equipment may not be included in the Minimum Equipment List: (1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the airplane is type certificated and which are essential for safe operations under all operating conditions. (2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise. (3) Instruments and equipment required for specific operations by this part. (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an airplane with inoperable instruments or equipment may be operated under a special flight permit under Secs. 21.197 and 21.199 of this chapter. [Amdt. 121-222, 56 FR 12310, Mar. 22, 1991; 56 FR 14290, Apr. 8, 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. 121.629 Operation in icing conditions. (a) No person may dispatch or release an aircraft, continue to operate an aircraft en route, or land an aircraft when in the opinion of the pilot in command or aircraft dispatcher (domestic and flag air carriers only), icing conditions are expected or met that might adversely affect the safety of the flight. (b) No person may take off an aircraft when frost, ice, or snow is adhering to the wings, control surfaces, propellers, engine inlets, or other critical surfaces of the aircraft or when the takeoff would not be in compliance with paragraph (c) of this section. Takeoffs with frost under the wing in the area of the fuel tanks may be authorized by the Administrator. (c) Except as provided in paragraph (d) of this section, no person may dispatch, release, or take off an aircraft any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft, unless the certificate holder has an approved ground deicing/anti-icing program in its operations specifications and unless the dispatch, release, and takeoff comply with that program. The approved ground deicing/anti-icing program must include at least the following items: (1) A detailed description of-- (i) How the certificate holder determines that conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft and that ground deicing/anti-icing operational procedures must be in effect; (ii) Who is responsible for deciding that ground deicing/anti-icing operational procedures must be in effect; (iii) The procedures for implementing ground deicing/anti-icing operational procedures; (iv) The specific duties and responsibilities of each operational position or group responsible for getting the aircraft safely airborne while ground deicing/anti-icing operational procedures are in effect. (2) Initial and annual recurrent ground training and testing for flight crewmembers and qualification for all other affected personnel (e.g., aircraft dispatchers, ground crews, contract personnel) concerning the specific requirements of the approved program and each person's responsibilities and duties under the approved program, specifically covering the following areas: (i) The use of holdover times. (ii) Aircraft deicing/anti-icing procedures, including inspection and check procedures and responsibilities. (iii) Communications procedures. (iv) Aircraft surface contamination (i.e., adherence of frost, ice, or snow) and critical area identification, and how contamination adversely affects aircraft performance and flight characteristics. (v) Types and characteristics of deicing/anti-icing fluids. (vi) Cold weather preflight inspection procedures; (vii) Techniques for recognizing contamination on the aircraft. (3) The certificate holder's holdover timetables and the procedures for the use of these tables by the certificate holder's personnel. Holdover time is the estimated time deicing/anti-icing fluid will prevent the formation of frost or ice and the accumulation of snow on the protected surfaces of an aircraft. Holdover time begins when the final application of deicing/anti- icing fluid commences and expires when the deicing/anti-icing fluid applied to the aircraft loses its effectiveness. The holdover times must be supported by data acceptable to the Administrator. The certificate holder's program must include procedures for flight crewmembers to increase or decrease the determined holdover time in changing conditions. The program must provide that takeoff after exceeding any maximum holdover time in the certificate holder's holdover timetable is permitted only when at least one of the following conditions exists: (i) A pretakeoff contamination check, as defined in paragraph (c)(4) of this section, determines that the wings, control surfaces, and other critical surfaces, as defined in the certificate holder's program, are free of frost, ice, or snow. (ii) It is otherwise determined by an alternate procedure approved by the Administrator in accordance with the certificate holder's approved program that the wings, control surfaces, and other critical surfaces, as defined in the certificate holder's program, are free of frost, ice, or snow. (iii) The wings, control surfaces, and other critical surfaces are redeiced and a new holdover time is determined. (4) Aircraft deicing/anti-icing procedures and responsibilities, pretakeoff check procedures and responsibilities, and pretakeoff contamination check procedures and responsibilities. A pretakeoff check is a check of the aircraft's wings or representative aircraft surfaces for frost, ice, or snow within the aircraft's holdover time. A pretakeoff contamination check is a check to make sure the wings, control surfaces, and other critical surfaces, as defined in the certificate holder's program, are free of frost, ice, and snow. It must be conducted within five minutes prior to beginning take off. This check must be accomplished from outside the aircraft unless the program specifies otherwise. (d) A certificate holder may continue to operate under this section without a program as required in paragraph (c) of this section, if it includes in its operations specifications a requirement that, any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft, no aircraft will take off unless it has been checked to ensure that the wings, control surfaces, and other critical surfaces are free of frost, ice, and snow. The check must occur within five minutes prior to beginning takeoff. This check must be accomplished from outside the aircraft. [Dkt. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-231, 57 FR 44942, Sept. 29, 1992] ***************************************************************************** 57 FR 44924, No. 189, Sept. 29, 1992 SUMMARY: This amendment establishes a requirement for part 121 certificate holders to develop an FAA-approved ground deicing/anti-icing program. This rule is necessary because several accidents and the 1992 International Conference on Airplane Ground Deicing indicate that, under present procedures, the pilot in command may be unable to effectively determine whether the aircraft's critical surfaces are free of all frost, ice, or snow prior to attempting a takeoff. The rule is intended to provide an added level of safety to flight operations in adverse weather conditions. This rule and associated airport and air traffic control procedures will provide enhanced procedures for safe takeoffs during adverse weather conditions. DATES: This interim final rule is effective November 1, 1992. ***************************************************************************** Sec. 121.631 Original dispatch or flight release, redispatch or amendment of dispatch or flight release. (a) A certificate holder may specify any regular, provisional, or refueling airport, authorized for the type of aircraft, as a destination for the purpose of original dispatch or release. (b) No person may allow a flight to continue to an airport to which it has been dispatched or released unless the weather conditions at an alternate airport that was specified in the dispatch or flight release are forecast to be at or above the alternate minimums specified in the operations specifications for that airport at the time the aircraft would arrive at the alternate airport. However, the dispatch or flight release may be amended en route to include any alternate airport that is within the fuel range of the aircraft as specified in Secs. 121.639 through 121.647. (c) No person may change an original destination or alternate airport that is specified in the original dispatch or flight release to another airport while the aircraft is en route unless the other airport is authorized for that type of aircraft and the appropriate requirements of Secs. 121.593 through 121.661 and 121.173 are met at the time of redispatch or amendment of the flight release. (d) Each person who amends a dispatch or flight release en route shall record that amendment. [Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-65, 35 FR 12709, Aug. 11, 1970] Sec. 121.633 [Reserved] Sec. 121.635 Dispatch to and from refueling or provisional airports: Domestic and flag air carriers. No person may dispatch an airplane to or from a refueling or provisional airport except in accordance with the requirements of this part applicable to dispatch from regular airports and unless that airport meets the requirements of this part applicable to regular airports. [Amdt. 121-144, 43 FR 22649, May 25, 1978] Sec. 121.637 Takeoffs from unlisted and alternate airports: Domestic and flag air carriers. (a) No pilot may takeoff an airplane from an airport that is not listed in the operations specifications unless-- (1) The airport and related facilities are adequate for the operation of the airplane; (2) He can comply with the applicable airplane operating limitations; (3) The airplane has been dispatched according to dispatching rules applicable to operation from an approved airport; and (4) The weather conditions at that airport are equal to or better than the following: (i) Airports in the United States. The weather minimums for takeoff prescribed in Part 97 of this chapter; or where minimums are not prescribed for the airport, 800-2, 900-1 1/2, or 1,000-1. (ii) Airports outside the United States. The weather minimums for takeoff prescribed or approved by the government of the country in which the airport is located; or where minimums are not prescribed or approved for the airport, 800-2, 900-1 1/2, or 1,000-1. (b) No pilot may take off from an alternate airport unless the weather conditions are at least equal to the minimums prescribed in the air carrier's operations specifications for alternate airports. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR 13912, Oct. 6, 1967] Sec. 121.639 Fuel supply: All operations: domestic air carriers. No person may dispatch or take off an airplane unless it has enough fuel-- (a) To fly to the airport to which it is dispatched; (b) Thereafter, to fly to and land at the most distant alternate airport (where required) for the airport to which dispatched; and (c) Thereafter, to fly for 45 minutes at normal cruising fuel consumption. Sec. 121.641 Fuel supply: nonturbine and turbo-propeller-powered airplanes: Flag air carriers. (a) No person may dispatch or take off a nonturbine or turbo-propeller- powered airplane unless, considering the wind and other weather conditions expected, it has enough fuel-- (1) To fly to and land at the airport to which it is dispatched; (2) Thereafter, to fly to and land at the most distant alternate airport specified in the dispatch release; and (3) Thereafter, to fly for 30 minutes plus 15 percent of the total time required to fly at normal cruising fuel consumption to the airports specified in paragraphs (a) (1) and (2) of this section or to fly for 90 minutes at normal cruising fuel consumption, whichever is less. (b) No person may dispatch a nonturbine or turbo-propeller-powered airplane to an airport for which an alternate is not specified under Sec. 121.621(a)(2), unless it has enough fuel, considering wind and forecast weather conditions, to fly to that airport and thereafter to fly for three hours at normal cruising fuel consumption. Sec. 121.643 Fuel supply: Nonturbine and turbo-propeller-powered airplanes; supplemental air carriers and commercial operators. (a) Except as provided in paragraph (b) of this section, no person may release for flight or takeoff a nonturbine or turbo-propeller-powered airplane unless, considering the wind and other weather conditions expected, it has enough fuel-- (1) To fly to and land at the airport to which it is released; (2) Thereafter, to fly to and land at the most distant alternate airport specified in the flight release; and (3) Thereafter, to fly for 45 minutes at normal cruising fuel consumption. (b) If the airplane is released for any flight other than from one point in the contiguous United States to another point in the contiguous United States, it must carry enough fuel to meet the requirements of paragraphs (a) (1) and (2) of this section and thereafter fly for 30 minutes plus 15 percent of the total time required to fly at normal cruising fuel consumption to the airports specified in paragraphs (a) (1) and (2) of this section, or to fly for 90 minutes at normal cruising fuel consumption, whichever is less. (c) No person may release a nonturbine or turbo-propeller-powered airplane to an airport for which an alternate is not specified under Sec. 121.623(b), unless it has enough fuel, considering wind and other weather conditions expected, to fly to that airport and thereafter to fly for three hours at normal cruising fuel consumption. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR 10025, Aug. 12, 1965] Sec. 121.645 Fuel supply: Turbine-engine powered airplanes, other than turbo propeller; flag and supplemental air carriers and commercial operators. (a) Any flag air carrier operation within the 48 contiguous United States and the District of Columbia may use the fuel requirements of Sec. 121.639. (b) For any flag air carrier, supplemental air carrier, or commercial operator operation outside the 48 contiguous United States and the District of Columbia, unless authorized by the Administrator in the operations specifications, no person may release for flight or takeoff a turbine-engine powered airplane (other than a turbo-propeller powered airplane) unless, considering wind and other weather conditions expected, it has enough fuel-- (1) To fly to and land at the airport to which it is released; (2) After that, to fly for a period of 10 percent of the total time required to fly from the airport of departure to, and land at, the airport to which it was released; (3) After that, to fly to and land at the most distant alternate airport specified in the flight release, if an alternate is required; and (4) After that, to fly for 30 minutes at holding speed at 1,500 feet above the alternate airport (or the destination airport if no alternate is required) under standard temperature conditions. (c) No person may release a turbine-engine powered airplane (other than a turbo-propeller airplane) to an airport for which an alternate is not specified under Sec. 121.621(a)(2) or Sec. 121.623(b) unless it has enough fuel, considering wind and other weather conditions expected, to fly to that airport and thereafter to fly for at least two hours at normal cruising fuel consumption. (d) The Administrator may amend the operations specifications of a flag or supplemental air carrier or commercial operator to require more fuel than any of the minimums stated in paragraph (a) or (b) of this section if he finds that additional fuel is necessary on a particular route in the interest of safety. (e) For a supplemental air carrier or commercial operator operation within the 48 contiguous States and the District of Columbia with a turbine engine powered airplane the fuel requirements of Sec. 121.643 apply. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR 10025, Aug. 12, 1965; Amdt. 121-144, 43 FR 22649, May 25, 1978] Sec. 121.647 Factors for computing fuel required. Each person computing fuel required for the purposes of this subpart shall consider the following: (a) Wind and other weather conditions forecast. (b) Anticipated traffic delays. (c) One instrument approach and possible missed approach at destination. (d) Any other conditions that may delay landing of the aircraft. For the purposes of this section, required fuel is in addition to unusable fuel. Sec. 121.649 Takeoff and landing weather minimums: VFR: Domestic air carriers. (a) Except as provided in paragraph (b) of this section, regardless of any clearance from ATC, no pilot may takeoff or land an airplane under VFR when the reported ceiling or visibility is less than the following: (1) For day operations--1,000-foot ceiling and one-mile visibility. (2) For night operations--1,000-foot ceiling and two-mile visibility. (b) Where a local surface restriction to visibility exists (e.g., smoke, dust, blowing snow or sand) the visibility for day and night operations may be reduced to 1/2 mile, if all turns after takeoff and prior to landing, and all flight beyond one mile from the airport boundary can be accomplished above or outside the area of local surface visibility restriction. (c) The weather minimums in this section do not apply to the VFR operation of fixed-wing aircraft in any control zone listed in Sec. 93.113 of this chapter. The basic VFR weather minimums in Sec. 91.155 of this chapter apply at those locations. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-39, 33 FR 4097, Mar. 2, 1968; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989] EFFECTIVE DATE NOTE: Amdt. 121-226, 56 FR 65663, Dec. 17, 1991, revised paragraph (c) of Sec. 121.649 effective September 16, 1993. For the convenience of the user, the revised text is set forth as follows: Sec. 121.649 Takeoff and landing weather minimums: VFR: Domestic air carriers. * * * * * (c) The weather minimums in this section do not apply to the VFR operation of fixed-wing aircraft at any of the locations where the special weather minimums of Sec. 91.157 of this chapter are not applicable (See part 91, appendix D, section 3 of this chapter). The basic VFR weather minimums of Sec. 91.155 of this chapter apply at those locations. ***************************************************************************** 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. 121.651 Takeoff and landing weather minimums: IFR: All certificate holders. (a) Notwithstanding any clearance from ATC, no pilot may begin a takeoff in an airplane under IFR when the weather conditions reported by the U.S. National Weather Service, a source approved by that Service, or a source approved by the Administrator, are less than those specified in-- (1) The certificate holder's operations specifications; or (2) Parts 91 and 97 of this chapter, if the certificate holder's operations specifications do not specify takeoff minimums for the airport. (b) Except as provided in paragraph (d) of this section, no pilot may continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure-- (1) At any airport, unless the U.S. National Weather Service, a source approved by that Service, or a source approved by the Administrator, issues a weather report for that airport; and (2) At airports within the United States and its territories or at U.S. military airports, unless the latest weather report for that airport issued by the U.S. National Weather Service, a source approved by that Service, or a source approved by the Administrator, reports the visibility to be equal to or more than the visibility minimums prescribed for that procedure. For the purpose of this section, the term "U.S. military airports" means airports in foreign countries where flight operations are under the control of U.S. military authority. (c) If a pilot has begun the final approach segment of an instrument approach procedure in accordance with paragraph (b) of this section and after that receives a later weather report indicating below-minimum conditions, the pilot may continue the approach to DH or MDA. Upon reaching DH or at MDA, and at any time before the missed approach point, the pilot may continue the approach below DH or MDA and touch down if-- (1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and where that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing; (2) The flight visibility is not less than the visibility prescribed in the standard instrument approach procedure being used; (3) Except for Category II or Category III approaches where any necessary visual reference requirements are specified by authorization of the Administrator, at least one of the following visual references for the intended runway is distinctly visable and identifiable to the pilot: (i) The approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable. (ii) The threshold. (iii) The threshold markings. (iv) The threshold lights. (v) The runway end identifier lights. (vi) The visual approach slope indicator. (vii) The touchdown zone or touchdown zone markings. (viii) The touchdown zone lights. (ix) The runway or runway markings. (x) The runway lights; and (4) When the aircraft is on a straight-in nonprecision approach procedure which incorporates a visual descent point, the aircraft has reached the visual descent point, except where the aircraft is not equipped for or capable of establishing that point, or a descent to the runway cannot be made using normal procedures or rates of descent if descent is delayed until reaching that point. (d) A pilot may begin the final approach segment of an instrument approach procedure other than a Category II or Category III procedure at an airport when the visibility is less than the visibility minimums prescribed for that procedure if that airport is served by a operative ILS and an operative PAR, and both are used by the pilot. However, no pilot may operate an aircraft below the authorized MDA, or continue an approach below the authorized DH, unless-- (1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers and where such a descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing; (2) The flight visibility is not less than the visibility prescribed in the standard instrument approach procedure being used; and (3) Except for Category II or Category III approaches where any necessary visual reference requirements are specified by the authorization of the Administrator, at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot: (i) The approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable. (ii) The threshold. (iii) The threshold markings. (iv) The threshold lights. (v) The runway end identifier lights. (vi) The visual approach slope indicator. (vii) The touchdown zone or touchdown zone markings. (viii) The touchdown zone lights. (ix) The runway or runway markings. (x) The runway lights. (e) For the purpose of this section, the final approach segment begins at the final approach fix or facility prescribed in the instrument approach procedure. When a final approach fix is not prescribed for a procedure that includes a procedure turn, the final approach segment begins at the point where the procedure turn is completed and the aircraft is established inbound toward the airport on the final approach course within the distance prescribed in the procedure. (f) Unless otherwise authorized in the certificate holder's operations specifications, each pilot making an IFR takeoff, approach, or landing at a foreign airport shall comply with the applicable instrument approach procedures and weather minimums prescribed by the authority having jurisdiction over the airport. [Amdt. 121-166, 46 FR 2291, Jan. 8, 1981] Sec. 121.652 Landing weather minimums: IFR: All certificate holders. (a) If the pilot in command of an airplane has not served 100 hours as pilot in command in operations under this part in the type of airplane he is operating, the MDA or DH and visibility landing minimums in the certificate holder's operations specification for regular, provisional, or refueling airports are increased by 100 feet and one-half mile (or the RVR equivalent). The MDA or DH and visibility minimums need not be increased above those applicable to the airport when used as an alternate airport, but in no event may the landing minimums be less than 300 and 1. However, a Pilot in command employed by an air taxi operator certificated under Sec. 135.2 of this chapter, may credit flight time acquired in operations conducted for that operator under part 91 in the same type airplane for up to 50 percent of the 100 hours of pilot in command experience required by this paragraph. (b) The 100 hours of pilot in command experience required by paragraph (a) of this section may be reduced (not to exceed 50 percent) by substituting one landing in operations under this part in the type of airplane for 1 required hour of pilot in command experience, if the pilot has at least 100 hours as pilot in command of another type airplane in operations under this part. (c) Category II minimums and the sliding scale when authorized in the certificate holder's operations specifications do not apply until the pilot in command subject to paragraph (a) of this section meets the requirements of that paragraph in the type of airplane he is operating. [Amdt. 121-43, 33 FR 10843, July 31, 1968, as amended by Amdt. 121-143, 43 FR 22642, May 25, 1978] Sec. 121.653 [Reserved] Sec. 121.655 Applicability of reported weather minimums. In conducting operations under Secs. 121.649 through 121.653, the ceiling and visibility values in the main body of the latest weather report control for VFR and IFR takeoffs and landings and for instrument approach procedures on all runways of an airport. However, if the latest weather report, including an oral report from the control tower, contains a visibility value specified as runway visibility or runway visual range for a particular runway of an airport, that specified value controls for VFR and IFR landings and takeoffs and straight-in instrument approaches for that runway. Sec. 121.657 Flight altitude rules. (a) General. Notwithstanding Sec. 91.119 or any rule applicable outside the United States, no person may operate an aircraft below the minimums set forth in paragraphs (b) and (c) of this section, except when necessary for takeoff or landing, or except when, after considering the character of the terrain, the quality and quantity of meteorological services, the navigational facilities available, and other flight conditions, the Administrator prescribes other minimums for any route or part of a route where he finds that the safe conduct of the flight requires other altitudes. Outside of the United States the minimums prescribed in this section are controlling unless higher minimums are prescribed in the air carrier or commercial operator's operations specifications or by the foreign country over which the aircraft is operating. (b) Day VFR operations. No domestic air carrier may operate a passenger- carrying aircraft and no flag or supplemental air carrier or commercial operator may operate any aircraft under VFR during the day at an altitude less than 1,000 feet above the surface or less than 1,000 feet from any mountain, hill, or other obstruction to flight. (c) Night VFR, IFR, and over-the-top operations. No person may operate an aircraft under IFR including over-the-top or at night under VFR at an altitude less than 1,000 feet above the highest obstacle within a horizontal distance of five miles from the center of the intended course, or, in designated mountainous areas, less than 2,000 feet above the highest obstacle within a horizontal distance of five miles from the center of the intended course. (d) Day over-the-top operations below minimum en route altitudes. A person may conduct day over-the-top operations in an airplane at flight altitudes lower than the minimum en route IFR altitudes if-- (1) The operation is conducted at least 1,000 feet above the top of lower broken or overcast cloud cover; (2) The top of the lower cloud cover is generally uniform and level; (3) Flight visibility is at least five miles; and (4) The base of any higher broken or overcast cloud cover is generally uniform and level and is at least 1,000 feet above the minimum en route IFR altitude for that route segment. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-144, 43 FR 22649, May 25, 1978; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.657(a) was amended by changing the cross reference "Sec. 91.79" to read "Sec. 91.119", effective August 18, 1990. Sec. 121.659 Initial approach altitude: Domestic and supplemental air carriers and commercial operators. (a) Except as provided in paragraph (b) of this section, when making an initial approach to a radio navigation facility under IFR, no person may descend an aircraft below the pertinent minimum altitude for initial approach (as specified in the instrument approach procedure for that facility) until his arrival over that facility has been definitely established. (b) When making an initial approach on a flight being conducted under Sec. 121.657(d), no pilot may commence an instrument approach until his arrival over the radio facility has definitely been established. In making an instrument approach under these circumstances no person may descend an aircraft lower than 1,000 feet above the top of the lower cloud or the minimum altitude determined by the Administrator for that part of the IFR approach, whichever is lower. Sec. 121.661 Initial approach altitude: Flag air carriers. When making an initial approach to a radio navigation facility under IFR, no person may descend below the pertinent minimum altitude for initial approach (as specified in the instrument approach procedure for that facility) until his arrival over that facility has been definitely established. Sec. 121.663 Responsibility for dispatch release: Domestic and flag air carriers. Each domestic and flag air carrier shall prepare a dispatch release for each flight between specified points, based on information furnished by an authorized aircraft dispatcher. The pilot in command and an authorized aircraft dispatcher shall sign the release only if they both believe that the flight can be made with safety. The aircraft dispatcher may delegate authority to sign a release for a particular flight, but he may not delegate his authority to dispatch. Sec. 121.665 Load manifest. Each certificate holder is responsible for the preparation and accuracy of a load manifest form before each takeoff. The form must be prepared and signed for each flight by employees of the certificate holder who have the duty of supervising the loading of aircraft and preparing the load manifest forms or by other qualified persons authorized by the certificate holder. Sec. 121.667 Flight plan: VFR and IFR: Supplemental air carriers and commercial operators. (a) No person may take off an aircraft unless the pilot in command has filed a flight plan, containing the appropriate information required by Part 91, with the nearest FAA communication station or appropriate military station or, when operating outside the United States, with other appropriate authority. However, if communications facilities are not readily available, the pilot in command shall file the flight plan as soon as practicable after the aircraft is airborne. A flight plan must continue in effect for all parts of the flight. (b) When flights are operated into military airports, the arrival or completion notice required by Secs. 91153 and 91.169 may be filed with the appropriate airport control tower or aeronautical communication facility used for that airport. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-206, 54 FR 34331, Aug. 18, 1989 Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.667(b) was amended by changing the cross reference "Sec. 91.83" to read "Secs. 91.153 and 91.169", effective August 18, 1990. Subpart V--Records and Reports Source: Docket No. 6258, 29 FR 19226, Dec. 31, 1964, unless otherwise noted. Sec. 121.681 Applicability. This subpart prescribes requirements for the preparation and maintenance of records and reports for all certificate holders. Sec. 121.683 Crewmember and dispatcher record. (a) Each certificate holder shall-- (1) Maintain current records of each crewmember, and each aircraft dispatcher (domestic and flag air carriers only), that shows whether or not he complies with this chapter (e.g., proficiency and route checks, airplane and route qualifications, training, any required physical examinations, and flight time records); and (2) Record each action taken concerning the release from employment or physical or professional disqualification of any flight crewmember or aircraft dispatcher (domestic and flag air carriers only) and keep the record for at least six months thereafter. (b) Supplemental air carriers and commercial operators: Each supplemental air carrier and commercial operator shall maintain the records required by paragraph (a) of this section at its principal operations base, or at another location used by it and approved by the Administrator. (c) Computer record systems approved by the Administrator may be used in complying with the requirements of paragraph (a) of this section. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-144, 43 FR 22649, May 25, 1978] Sec. 121.685 Aircraft record: Flag and domestic air carriers. Each flag and domestic air carrier shall maintain a current list of each aircraft that it operates in scheduled air transportation and shall send a copy of the record and each change to the FAA Flight Standards District Office charged with the overall inspection of its operations. Airplanes of another air carrier operated under an interchange agreement may be incorporated by reference. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Sec. 121.687 Dispatch release: Flag and domestic air carriers. (a) The dispatch release may be in any form but must contain at least the following information concerning each flight: (1) Identification number of the aircraft. (2) Trip number. (3) Departure airport, intermediate stops, destination airports, and alternate airports. (4) A statement of the type of operation (e.g., IFR, VFR). (5) Minimum fuel supply. (b) The dispatch release must contain, or have attached to it, weather reports, available weather forecasts, or a combination thereof, for the destination airport, intermediate stops, and alternate airports, that are the latest available at the time the release is signed by the pilot in command and dispatcher. It may include any additional available weather reports or forecasts that the pilot in command or the aircraft dispatcher considers necessary or desirable. Sec. 121.689 Flight release form: Supplemental air carriers and commercial operators. (a) Except as provided in paragraph (c) of this section, the flight release may be in any form but must contain at least the following information concerning each flight: (1) Company or organization name. (2) Make, model, and registration number of the aircraft being used. (3) Flight or trip number, and date of flight. (4) Name of each flight crewmember, flight attendant, and pilot designated as pilot in command. (5) Departure airport, destination airports, alternate airports, and route. (6) Minimum fuel supply (in gallons or pounds). (7) A statement of the type of operation (e.g., IFR, VFR). (b) The aircraft flight release must contain, or have attached to it, weather reports, available weather forecasts, or a combination thereof, for the destination airport, and alternate airports, that are the latest available at the time the release is signed. It may include any additional available weather reports or forecasts that the pilot in command considers necessary or desirable. (c) Each flag or domestic air carrier operating under the rules of this part applicable to supplemental air carriers and commercial operators shall comply with the dispatch or flight release forms required for scheduled operations under this subpart. Sec. 121.691 [Reserved] Sec. 121.693 Load manifest: Air carriers and commercial operators. The load manifest must contain the following information concerning the loading of the airplane at takeoff time: (a) The weight of the aircraft, fuel and oil, cargo and baggage, passengers and crewmembers. (b) The maximum allowable weight for that flight that must not exceed the least of the following weights: (1) Maximum allowable takeoff weight for the runway intended to be used (including corrections for altitude and gradient, and wind and temperature conditions existing at the takeoff time). (2) Maximum takeoff weight considering anticipated fuel and oil consumption that allows compliance with applicable en route performance limitations. (3) Maximum takeoff weight considering anticipated fuel and oil consumption that allows compliance with the maximum authorized design landing weight limitations on arrival at the destination airport. (4) Maximum takeoff weight considering anticipated fuel and oil consumption that allows compliance with landing distance limitations on arrival at the destination and alternate airports. (c) The total weight computed under approved procedures. (d) Evidence that the aircraft is loaded according to an approved schedule that insures that the center of gravity is within approved limits. (e) Names of passengers, unless such information is maintained by other means by the air carrier or commercial operator. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-159, 45 FR 41595, June 19, 1980] Sec. 121.695 Disposition of load manifest, dispatch release, and flight plans: Domestic and flag air carriers. (a) The pilot in command of an airplane shall carry in the airplane to its destination-- (1) A copy of the completed load manifest (or information from it, except information concerning cargo and passenger distribution); (2) A copy of the dispatch release; and (3) A copy of the flight plan. (b) The air carrier shall keep copies of the records required in this section for at least three months. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Sec. 121.697 Disposition of load manifest, flight release, and flight plans: Supplemental air carriers and commercial operators. (a) The pilot in command of an airplane shall carry in the airplane to its destination the original or a signed copy of the-- (1) Load manifest; (2) Flight release; (3) Airworthiness release; (4) Pilot route certification; and (5) Flight plan. (b) If a flight originates at the principal operations base of the air carrier or commercial operator, it shall retain at that base a signed copy of each document listed in paragraph (a) of this section. (c) Except as provided in paragraph (d) of this section, if a flight originates at a place other than the principal operations base of the air carrier or commercial operator, the pilot in command (or another person not aboard the airplane who is authorized by the carrier or operator) shall, before or immediately after departure of the flight, mail signed copies of the documents listed in paragraph (a) of this section to the principal operations base. (d) If a flight originates at a place other than the principal operations base of the air carrier or commercial operator and there is at that place a person to manage the flight departure for the air carrier or commercial operator who does not himself depart on the airplane, signed copies of the documents listed in paragraph (a) of this section may be retained at that place for not more than 30 days before being sent to the principal operations base of the air carrier or commercial operator. However, the documents for a particular flight need not be further retained at that place or be sent to the principal operations base, if the originals or other copies of them have been previously returned to the principal operations base. (e) The supplemental air carrier or commercial operator shall: (1) Identify in its operations manual the person having custody of the copies of documents retained in accordance with paragraph (d) of this section; and (2) Retain at its principal operations base either the original or a copy of the records required by this section for at least three months. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-123, 40 FR 44541, Sept. 29, 1975; Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982] Secs. 121.698-121.699 [Reserved] Sec. 121.701 Maintenance log: Aircraft. (a) Each person who takes action in the case of a reported or observed failure or malfunction of an airframe, engine, propeller, or appliance that is critical to the safety of flight shall make, or have made, a record of that action in the airplane's maintenance log. (b) Each certificate holder shall have an approved procedure for keeping adequate copies of the record required in paragraph (a) of this section in the airplane in a place readily accessible to each flight crewmember and shall put that procedure in the certificate holder's manual. Sec. 121.703 Mechanical reliability reports. (a) Each certificate holder shall report the occurrence or detection of each failure, malfunction, or defect concerning-- (1) Fires during flight and whether the related fire-warning system functioned properly; (2) Fires during flight not protected by a related fire-warning system; (3) False fire warning during flight; (4) An engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components; (5) An aircraft component that causes accumulation or circulation of smoke, vapor, or toxic or noxious fumes in the crew compartment or passenger cabin during flight; (6) Engine shutdown during flight because of flameout; (7) Engine shutdown during flight when external damage to the engine or airplane structure occurs; (8) Engine shutdown during flight due to foreign object ingestion or icing; (9) Engine shutdown during flight of more than one engine; (10) A propeller feathering system or ability of the system to control overspeed during flight; (11) A fuel or fuel-dumping system that affects fuel flow or causes hazardous leakage during flight; (12) A landing gear extension or retraction or opening or closing of landing gear doors during flight; (13) Brake system components that result in loss of brake actuating force when the airplane is in motion on the ground; (14) Aircraft structure that requires major repair; (15) Cracks, permanent deformation, or corrosion of aircraft structures, if more than the maximum acceptable to the manufacturer or the FAA; (16) Aircraft components or systems that result in taking emergency actions during flight (except action to shut down an engine); and (17) Emergency evacuation systems or components including all exit doors, passenger emergency evacuation lighting systems, or evacuation equipment that are found defective, or that fail to perform the intended functions during an actual emergency or during training, testing, maintenance, demonstrations, or inadvertent deployments. (b) For the purpose of this section "during flight" means the period from the moment the aircraft leaves the surface of the earth on takeoff until it touches down on landing. (c) In addition to the reports required by paragraph (a) of this section, each certificate holder shall report any other failure, malfunction, or defect in an aircraft that occurs or is detected at any time if, in its opinion, that failure, malfunction, or defect has endangered or may endanger the safe operation of an aircraft used by it. (d) Each certificate holder shall send each report required by this section, in writing, covering each 24-hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to the FAA Flight Standards District Office charged with the overall inspection of the certificate holder. Each report of occurrences during a 24-hour period must be mailed or delivered to that office within the next 72 hours. However, a report that is due on Saturday or Sunday may be mailed or delivered on the following Monday, and one that is due on a holiday may be mailed or delivered on the next work day. (e) The certificate holder shall transmit the reports required by this section in a manner and on a form that is convenient to its system of communication and procedure, and shall include in the first daily report as much of the following as is available: (1) Type and identification number of the aircraft. (2) The name of the operator. (3) The date, flight number, and stage during which the incident occurred (e.g., preflight, takeoff, climb, cruise, desent landing, and inspection). (4) The emergency procedure effected (e.g., unscheduled landing and emergency descent). (5) The nature of the failure, malfunction, or defect. (6) Identification of the part and system involved, including available information pertaining to type designation of the major component and time since overhaul. (7) Apparent cause of the failure, malfunction, or defect (e.g., wear, crack, design deficiency, or personnel error). (8) Whether the part was repaired, replaced, sent to the manufacturer, or other action taken. (9) Whether the aircraft was grounded. (10) Other pertinent information necessary for more complete identification, determination of seriousness, or corrective action. (f) A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a TSO authorization, or that is the licensee of a Type Certificate, need not report a failure, malfunction, or defect under this section if the failure, malfunction, or defect has been reported by it under Sec. 21.3 of this chapter or Sec. 37.17 of this chapter or under the accident reporting provisions of Part 830 of the regulations of the National Transportation Safety Board. (g) No person may withhold a report required by this section even though all information required in this section is not available. (h) When certificate holder gets additional information, including information from the manufacturer or other agency, concerning a report required by this section, it shall expeditiously submit it as a supplement to the first report and reference the date and place of submission of the first report. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Doc. No. 8084, 32 FR 5770, Apr. 11, 1967; Amdt. 121-72, 35 FR 18188, Nov. 28, 1970; Amdt. 121- 143, 43 FR 22642, May 25, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-187, 50 FR 32375, Aug. 9, 1985; Amdt. 121-195, 53 FR 8728, Mar. 16, 1988] Sec. 121.705 Mechanical interruption summary report. Each certificate holder shall regularly and promptly send a summary report on the following occurrences to the Administrator: (a) Each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected mechanical difficulties or malfunctions that are not required to be reported under Sec. 121.703. (b) The number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed. (c) The number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed. Propeller featherings for training, demonstration, or flight check purposes need not be reported. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR 10025, Aug. 12, 1965] Sec. 121.707 Alteration and repair reports. (a) Each certificate holder shall, promptly upon its completion, prepare a report of each major alteration or major repair of an airframe, aircraft engine, propeller, or appliance of an aircraft operated by it. (b) The certificate holder shall submit a copy of each report of a major alteration to, and shall keep a copy of each report of a major repair available for inspection by, the representative of the Administrator who is assigned to it. Sec. 121.709 Airworthiness release or aircraft log entry. (a) No certificate holder may operate an aircraft after maintenance, preventive maintenance or alterations are performed on the aircraft unless the certificate holder, or the person with whom the certificate holder arranges for the performance of the maintenance, preventive maintenance, or alterations, prepares or causes to be prepared-- (1) An airworthiness release; or (2) An appropriate entry in the aircraft log. (b) The airworthiness release or log entry required by paragraph (a) of this section must-- (1) Be prepared in accordance with the procedures set forth in the certificate holder's manual; (2) Include a certification that-- (i) The work was performed in accordance with the requirements of the certificate holder's manual; (ii) All items required to be inspected were inspected by an authorized person who determined that the work was satisfactorily completed; (iii) No known condition exists that would make the airplane unairworthy; and (iv) So far as the work performed is concerned, the aircraft is in condition for safe operation; and (3) Be signed by an authorized certificated mechanic or repairman except that a certificated repairman may sign the release or entry only for the work for which he is employed and certificated. Notwithstanding paragraph (b)(3) of this section, after maintenance, preventive maintenance, or alterations performed by a repair station certificated under the provisions of Subpart C of Part 145, the airworthiness release or log entry required by paragraph (a) of this section may be signed by a person authorized by that repair station. (c) When an airworthiness release form is prepared the certificate holder must give a copy to the pilot in command and must keep a record thereof for at least two months. (d) Instead of restating each of the conditions of the certification required by paragraph (b) of this section, the air carrier may state in its manual that the signature of an authorized certificated mechanic or repairman constitutes that certification. [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-6, 30 FR 6432, May 8, 1965; Amdt. 121-21, 31 FR 10613, Aug. 9, 1966] Sec. 121.711 Communication records: Domestic and flag air carriers. Each domestic and flag air carrier shall record each en route radio contact between the air carrier and its pilots and shall keep that record for at least 30 days. Sec. 121.713 Retention of contracts and amendments: Commercial operator. Each commercial operator shall keep a copy of each written contract under which it provides services as a commercial operator for a period of at least one year after the date of execution of the contract. In the case of an oral contract, it shall keep a memorandum stating its elements, and of any amendments to it, for a period of at least one year after the execution of that contract or change. Sec. 121.715 In-flight medical emergency reports. (a) For a period of 24 months commencing with the effective date of this rule, each certificate holder shall maintain records on each medical emergency occurring during flight time resulting in use of the emergency medical kit required under Appendix A, diversion of the aircraft, or death of a passenger or crewmember. These records shall include a description of how the medical kit was used, by whom, and the outcome of the medical emergency. (b) The certificate holder shall submit these records, or a summary thereof, to its assigned FAA Principal Operations Inspector within 30 days after the end of each 12-month period during the 24 months specified in paragraph (a). [Doc. No. 21369, Amdt. No. 121-188, 51 FR 1223, Jan. 9, 1986] Subpart W--Crewmember Certificate: International Sec. 121.721 Applicability. This subpart describes the certificates that are issued to United States citizens who are employed by air carriers or commercial operators as flight crewmembers or crewmembers on United States registered aircraft engaged in international air commerce. The purpose of the certificate is to facilitate the entry and clearance of those crewmembers into ICAO contracting states. They are issued under Annex 9, as amended, to the Convention on International Civil Aviation. [Docket No. 6258, 29 FR 19228, Dec. 31, 1964] Sec. 121.723 Application and issue. (a) Application for a crewmember certificate is made on form FAA-2116 "Application for Crewmember Certificate," and submitted to the nearest Flight Standards District Office. The certificate is issued on form FAA-2116.1 "Crewmember Certificate." (b) The holder of a certificate issued under this subpart, or the air carrier or commercial operator by whom the holder is employed, shall surrender the certificate for cancellation at the nearest Flight Standards District Office, or submit it for cancellation to the Airman Certification Branch, Avn-460, P.O. Box 25082, Oklahoma City, Okla. 73125, at the termination of the holder's employment with that carrier or operator. [Amdt. 121-143, 43 FR 22642, May 25, 1978, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits First-Aid Kits Approved first-aid kits required by Sec. 121.309 must meet the following specifications and requirements: (1) Each first-aid kit must be dust and moisture proof, and contain only materials that either meet Federal Specification GG-K-391a, as revised, or are approved. (2) Required first-aid kits must be distributed as evenly as practicable throughout the aircraft and be readily accessible to the cabin flight attendants. (3) The minimum number of first-aid kits required is set forth in the following table: No. of No. of first- passenger aid seats kits 0-50 1 51-150 2 151-250 3 More than 250 4 (4) Except as provided in paragraph (5), each first-aid kit must contain at least the following or other approved contents: Contents Quantity Adhesive bandage compresses, 1-inch 16 Antiseptic swabs 20 Ammonia inhalants 10 Bandage compresses, 4-inch 8 Triangular bandage compresses, 40-inch 5 Arm splint, noninflatable 1 Leg splint, noninflatable 1 Roller bandage, 4-inch 4 Adhesive tape, 1-inch standard roll 2 Bandage scissors 1 (5) Arm and leg splints which do not fit within a first-aid kit may be stowed in a readily accessible location that is as near as practicable to the kit. Emergency Medical Kits The approved emergency medical kit required by Sec. 121.309 for passenger flights must meet the following specifications and requirements: (1) Approved emergency medical equipment shall be stored securely so as to keep it free from dust, moisture, and damaging temperatures. (2) One approved emergency medical kit shall be provided for each aircraft during each passenger flight and shall be located so as to be readily accessible to crewmembers. (3) The approved emergency medical kit must contain, as a minimum, the following appropriately maintained contents in the specified quantities: Contents Quantity Sphygmomanometer 1 Stethoscope 1 Airways, oropharyngeal (3 sizes) 3 Syringes (sizes necessary to administer required drugs) 4 Needles (sizes necessary to administer required drugs) 6 50% Dextrose injection, 50cc 1 Epinephrine 1:1000, single dose ampule or equivalent 2 Diphenhydramine HCl injection, single dose ampule or equivalent 2 Nitroglycerin tablets 10 Basic Instructions for use of the drugs in the kit 1 [Amdt. 121-107, 38 FR 35234, Dec. 26, 1973, as amended by Amdt. 121-115, 40 FR 1039, Jan. 6, 1975; Amdt. 121-188, 51 FR 1223, Jan. 9, 1986; Amdt. 121-236, 59 FR 1781, Jan. 12, 1994] ***************************************************************************** 59 FR 1780, No. 8, Jan. 12, 1994 SUMMARY: This amendment revises the regulations concerning first aid kits required on board air carrier, air taxi, and commercial aircraft to remove the burn compound from the list of items required for the kits. This amendment responds to a petition from Air Transport Association, supported by the American Red Cross, that the burn compound be removed from the kits since the use of ice or cold water is the preferred treatment for minor burns. This amendment will relieve affected operators from the expense of having to periodically replace an item in the first aid kits that is not needed. DATES: Effective date: January 12, 1994. ***************************************************************************** Appendix B to Part 121--Airplane Flight Recorder Specification Accuracy sensor input Sampling to DFDR interval (per Resolution /4/ Parameters Range readout second) readout Time (GMT or 24 Hrs +/-0.125% Per 0.25 (1 per 4 1 sec. Frame Hour seconds) Counter) (range 0 to 4095, sampled 1 per frame) Altitude -1,000 ft to +/-100 to +/- 1 5' to 35' /1/ max 700 ft (See certificated Table 1, altitude of TSO-C51a) aircraft Airspeed 50 KIAS to V +/-5%, +/-3% 1 1 kt. so, and V so to 1.2 VD Heading 360 deg. +/-2 deg. 1 0.5 deg. Normal -3g to +6g +/-1% of max 8 0.01g. Acceleration range (Vertical) excluding datum error of +/-5% Pitch Attitude +/-75 deg. +/-2 deg. 1 0.5 deg. Roll Attitude +/-180 deg. +/-2 deg. 1 0.5 deg. Radio On-Off +/-2% +/-2% Transmitter (Discrete) Keying Thrust/Power Full Range +/-2 deg. 1 (per 0.2% /2/ on Each Forward engine) Engine Trailing Edge Full Range or +/-3 deg. or 0.5 0.5% /2/ Flap or Each as Pilot's Cockpit Discrete Indicator Control Position Selection Leading Edge Full Range or +/-3 deg. or 0.5 0.5% /2/ Flap or Each as Pilot's Cockpit Discrete Indicator Control Position Selection Thrust Stowed, In 1 (per 4 Reverser Transit, and seconds per Position Reverse engine) (Discrete) Ground Spoiler Full Range or +/-2% Unless 1 0.2% /2/. Position/ Each Higher Speed Brake Discrete Accuracy Selection Position Uniquely Required Marker Beacon Discrete 1 Passage Autopilot Discrete 1 Engagement Longitudinal +/-1g +/-1.5% max 4 0.01g. Acceleration range excluding datum error of +/-5% Pilot Input Full Range +/-2 deg. 1 0.2% /2/. and/or Unless Surface Higher Position-- Accuracy Primary Uniquely Controls Required (Pitch, Roll, Yaw) /3/ Lateral +/-1g +/-1.5% max 4 0.01g. Acceleration range excluding datum error of +/-5% Pitch Trim Full Range +/-3% Unless 1 0.3% /2/. Position Higher Accuracy Uniquely Required Glideslope +/-400 +/-3% 1 0.3% /2/. Deviation Microamps Localizer +/-400 +/-3% 1 0.3% /2/. Deviation Microamps AFCS Mode and Discrete 1 Engagement Status Radio Altitude -20 ft to +/-2 Ft or 1 1 ft + 5% /2/ 2,500 ft +/-3% above 500'. Whichever is Greater Below 500 Ft and +/-5% Above 500 Ft Master Warning Discrete 1 Main Gear Discrete 1 Squat Switch Status Angle of As installed As installed 2 0.3% /2/ Attack (if recorded directly). Outside Air -50 deg.C to +/-2 deg.c 0.5 0.3 deg.c Temperature +90 deg.C or Total Air Temperature. Hydraulics, Discrete 0.5 or 0.5% /2/ Each System Low Pressure Groundspeed. As installed Most Accurate 1 0.2% /2/ Systems Installed (IMS Equipped Aircraft Only) If additional recording capacity is available, recording of the following parameters is recommended. The parameters are listed in order of significance: Drift Angle When As installed 4 available, As installed Wind Speed and When As installed 4 Direction available, As installed Latitude and When As installed 4 Longitude available, As installed Brake As installed As installed 1 pressure/ Brake pedal position Additional engine parameters: EPR As installed As installed 1 (per engine). N1 As installed As installed 1 (per engine). N2 As installed As installed 1 (per engine). EGT As installed As installed 1 (per engine). Throttle Lever As installed As installed 1 (per Position engine). Fuel Flow As installed As installed 1 (per engine). TCAS: TA As installed As installed 1 RA As installed As installed 1 Sensitivity As installed As installed 2 level (as selected by crew) GPWS (ground Discrete 1 proximity warning system) Landing gear Discrete 0.25 (1 per 4 or gear seconds) selector position DME 1 and 2 0-200 NM; As installed 0.25 1 mi. Distance Nav 1 and 2 Full range As installed 0.25 Frequency Selection /1/ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the derivation of altitude to 5 feet. /2/ Per cent of full range. /3/ For airplanes that can demonstrate the capability of deriving either the control input on control movement (one from the other) for all modes of operation and flight regimes, the "or" applies. For airplanes with non- mechanical control systems (fly-by-wire) the "and" applies. In airplanes with split surfaces, suitable combination of inputs is acceptable in lieu of recording each surface separately. /4/ This column applies to aircraft manufactured after October 11, 1991. [Doc. No. 25530, Amdt. 121-197, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug. 16, 1988] Appendix C to Part 121--C-46 Nontransport Category Airplanes Cargo Operations 1. Required engines. (a) Except as provided in paragraph (b) of this section, the engines specified in subparagraphs (1) or (2) of this section must be installed in C-46 nontransport category airplanes operated at gross weights exceeding 45,000 pounds: (1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines converted from basic model R2800-51 or R2800-75 engines in accordance with FAA approved data) that-- (i) Conform to Engine Specification 5E-8; (ii) Conform to the applicable portions of the operator's manual; (iii) Comply with all the applicable airworthiness directives; and (iv) Are equipped with high capacity oil pump drive gears in accordance with FAA approved data. (2) Other engines found acceptable by the FAA Regional Flight Standards Division having type certification responsibility for the C-46 airplane. (b) Upon application by an operator conducting cargo operations with nontransport category C-46 airplanes between points within the State of Alaska, the appropriate FAA Flight Standards District Office, Alaskan Region, may authorize the operation of such airplanes, between points within the State of Alaska; without compliance with paragraph (a) of this section if the operator shows that, in its area of operation, installation of the modified engines is not necessary to provide adequate cooling for single-engine operations. Such authorization and any conditions or limitations therefor is made a part of the Operations Specifications of the operator. 2. Minimum acceptable means of complying with the special airworthiness requirements. Unless otherwise authorized under Sec. 121.213, the data set forth in Secs. 3 through 34 of this appendix, as correlated to the C-46 nontransport category airplane, is the minimum means of compliance with the special airworthiness requirements of Secs. 121.215 through 121.281. 3. Susceptibility of material to fire. [Deleted as unnecessary] 4. Cabin interiors. C-46 crew compartments must meet all the requirements of Sec. 121.215, and, as required in Sec. 121.221, the door between the crew compartment and main cabin (cargo) compartment must be flame resistant. 5. Internal doors. Internal doors, including the crew to main cabin door, must meet all the requirements of Sec. 121.217. 6. Ventilation. Standard C-46 crew compartments meet the ventilation requirements of Sec. 121.219 if a means of ventilation for controlling the flow of air is available between the crew compartment and main cabin. The ventilation requirement may be met by use of a door between the crew compartment and main cabin. The door need not have louvers installed; however, if louvers are installed, they must be controllable. 7. Fire precautions. Compliance is required with all the provisions of Sec. 121.221. (a) In establishing compliance with this section, the C-46 main cabin is considered as a Class A compartment if-- (1) The operator utilizes a standard system of cargo loading and tiedown that allows easy access in flight to all cargo in such compartment, and, such system is included in the appropriate portion of the operator's manual; and (2) A cargo barrier is installed in the forward end of the main cabin cargo compartment. The barrier must-- (i) Establish the most forward location beyond which cargo cannot be carried; (ii) Protect the components and systems of the airplane that are essential to its safe operation from cargo damage; and (iii) Permit easy access, in flight, to cargo in the main cabin cargo compartment. The barrier may be a cargo net or a network of steel cables or other means acceptable to the Administrator which would provide equivalent protection to that of a cargo net. The Barrier need not meet crash load requirements of FAR Sec. 25.561; however, it must be attached to the cargo retention fittings and provide the degree of cargo retention that is required by the operators' standard system of cargo loading and tiedown. (b) C-46 forward and aft baggage compartments must meet, as a minimum, Class B requirements of this section or be placarded in a manner to preclude their use as cargo or baggage compartments. 8. Proof of compliance. The demonstration of compliance required by Sec. 121.223 is not required for C-46 airplanes in which-- (1) The main cabin conforms to Class A cargo compartment requirements of Sec. 121.219; and (2) Forward and aft baggage compartments conform to Class B requirements of Sec. 121.221, or are placarded to preclude their use as cargo or baggage compartments. 9. Propeller deicing fluid. No change from the requirements of Sec. 121.225. Isopropyl alcohol is a combustible fluid within the meaning of this section. 10. Pressure cross-feed arrangements, location of fuel tanks, and fuel system lines and fittings. C-46 fuel systems which conform to all applicable Curtiss design specifications and which comply with the FAA type certification requirements are in compliance with the provisions of Secs. 121.227 through 121.231. 11. Fuel lines and fittings in designated fire zones. No change from the requirements of Sec. 121.233. 12. Fuel valves. Compliance is required with all the provisions of Sec. 121.235. Compliance can be established by showing that the fuel system conforms to all the applicable Curtiss design specifications, the FAA type certification requirements, and, in addition, has explosion-proof fuel booster pump electrical selector switches installed in lieu of the open contact type used originally. 13. Oil lines and fittings in designated fire zones. No change from the requirements of Sec. 121.237. 14. Oil valves. C-46 oil shutoff valves must conform to the requirements of Sec. 121.239. In addition, C-46 airplanes using Hamilton Standard propellers must provide, by use of stand pipes in the engine oil tanks or other approved means, a positive source of oil for feathering each propeller. 15. Oil system drains. The standard C-46 "Y" drains installed in the main oil inlet line for each engine meet the requirements of Sec. 121.241. 16. Engine breather line. The standard C-46 engine breather line installation meets the requirements of Sec. 121.243 if the lower breather lines actually extend to the trailing edge of the oil cooler air exit duct. 17. Firewalls and firewall construction. Compliance is required with all of the provisions of Secs. 121.245 and 121.247. The following requirements must be met in showing compliance with these sections: (a) Engine compartment. The engine firewalls of the C-46 airplane must-- (1) Conform to type design, and all applicable airworthiness directives; (2) Be constructed of stainless steel or approved equivalent; and (3) Have fireproof shields over the fairleads used for the engine control cables that pass through each firewall. (b) Combustion heater compartment. C-46 airplanes must have a combustion heater fire extinguishing system which complies with AD-49-18-1 or an FAA approved equivalent. 18. Cowling. Standard C-46 engine cowling (cowling of aluminum construction employing stainless steel exhaust shrouds) which conforms to the type design and cowling configurations which conform to the C-46 transport category requirements meet the requirements of Sec. 121.249. 19. Engine accessory section diaphragm. C-46 engine nacelles which conform to the C-46 transport category requirements meet the requirements of Sec. 121.251. As provided for in that section, a means of equivalent protection which does not require provision of a diaphragm to isolate the engine power section and exhaust system from the engine accessory compartment is the designation of the entire engine compartment forward of and including the firewall as a designated fire zone, and the installation of adequate fire detection and fire extinguishing systems which meet the requirements of Sec. 121.263 and Sec. 121.273, respectively, in such zone. 20. Powerplant fire protection. C-46 engine compartments and combustion heater compartments are considered as designated fire zones within the meaning of Sec. 121.253. 21. Flammable fluids-- (a) Engine compartment. C-46 engine compartments which conform to the type design and which comply with all applicable airworthiness directives meet the requirements of Sec. 121.255. (b) Combustion heater compartment. C-46 combustion heater compartments which conform to type design and which meet all the requirements of AD-49-18- 1 or an FAA approved equivalent meet the requirements of Sec. 121.255. 22. Shutoff means-- (a) Engine compartment. C-46 engine compartments which comply with AD-62- 10-2 or FAA approved equivalent meet the requirements of Sec. 121.257 applicable to engine compartments, if, in addition, a means satisfactory to the Administrator is provided to shut off the flow of hydraulic fluid to the cowl flap cylinder in each engine nacelle. The shutoff means must be located aft of the engine firewall. The operator's manual must include, in the emergency portion, adequate instructions for proper operation of the additional shutoff means to assure correct sequential positioning of engine cowl flaps under emergency conditions. In accordance with Sec. 121.315, this positioning must also be incorporated in the emergency section of the pilot's checklist. (b) Combustion heater compartment. C-46 heater compartments which comply with paragraph (5) of AD-49-18-1 or FAA approved equivalent meet the requirements of Sec. 121.257 applicable to heater compartments if, in addition, a shutoff valve located above the main cabin floor level is installed in the alcohol supply line or lines between the alcohol supply tank and those alcohol pumps located under the main cabin floor. If all of the alcohol pumps are located above the main cabin floor, the alcohol shutoff valve need not be installed. In complying with paragraph (5) of AD-49-18-1, a fail-safe electric fuel shutoff valve may be used in lieu of the manually operated valve. 23. Lines and fittings.--(a) Engine compartment. C-46 engine compartments which comply with all applicable airworthiness directives, including AD-62- 10-2, by using FAA approved fire-resistant lines, hoses, and end fittings, and engine compartments which meet the C-46 transport category requirements, meet the requirements of Sec. 121.259. (b) Combustion heater compartments All lines, hoses, and end fittings, and couplings which carry fuel to the heaters and heater controls, must be of FAA approved fire-resistant construction. 24. Vent and drain lines.--(a) Enginecompartment. C-46 engine compartments meet the requirements of Sec. 121.261 if-- (1) The compartments conform to type design and comply with all applicable airworthiness directives or FAA approved equivalent; and (2) Drain lines from supercharger case, engine-driven fuel pump, and engine-driven hydraulic pump reach into the scupper drain located in the lower cowling segment. (b) Combustion heater compartment. C-46 heater compartments meet the requirements of Sec. 121.261 if they conform to AD-49-18-1 or FAA approved equivalent. 25. Fire-extinguishing system. (a) To meet the requirements of Sec. 121.263, C-46 airplanes must have installed fire extinguishing systems to serve all designated fire zones. The fire-extinguishing systems, the quantity of extinguishing agent, and the rate of discharge shall be such as to provide a minimum of one adequate discharge for each designated fire zone. Compliance with this provision requires the installation of a separate fire extinguisher for each engine compartment. Insofar as the engine compartment is concerned, the system shall be capable of protecting the entire compartment against the various types of fires likely to occur in the compartment. (b) Fire-extinguishing systems which conform to the C-46 transport category requirements meet the requirements set forth in paragraph (a). Furthermore, fire-extinguishing systems for combustion heater compartments which conform to the requirements of AD-49-18-1 or an FAA approved equivalent also meet the requirements in paragraph (a). In addition, a fire-extinguishing system for C-46 airplanes meets the adequacy requirement of paragraph (a) if it provides the same or equivalent protection to that demonstrated by the CAA in tests conducted in 1941 and 1942, using a CW-20 type engine nacelle (without diaphragm). These tests were conducted at the Bureau of Standards facilities in Washington, D.C., and copies of the test reports are available through the FAA Regional Engineering Offices. In this connection, the flow rates and distribution of extinguishing agent substantiated in American Airmotive Report No. 128-52-d, FAA approved February 9, 1953, provides protection equivalent to that demonstrated by the CAA in the CW-20 tests. In evaluating any C-46 fire-extinguishing system with respect to the aforementioned CW-20 tests, the Administration would require data in a narrative form, utilizing drawings or photographs to show at least the following: Installation of containers; installation and routing of plumbing; type, number, and location of outlets or nozzles; type, total volume, and distribution of extinguishing agent; length of time required for discharging; means for thermal relief, including type and location of discharge indicators; means of discharging, e.g., mechanical cutterheads, electric cartridge, or other method; and whether a one- or two-shot system is used; and if the latter is used, means of cross-feeding or otherwise selecting distribution of extinguishing agent; and types of materials used in makeup of plumbing. High rate discharge (HRD) systems using agents such as bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), may also meet the requirements of paragraph (a). 26. Fire-extinguishing agents, Extinguishing agent container pressure relief, Extinguishing agent container compartment temperatures, and Fire- extinguishing system materials. No change from the requirements of Secs. 121.265 through 121.271. 27. Fire-detector system. Compliance with the requirements of Sec. 121.273 requires that C-46 fire detector systems conform to: (a) AD-62-10-2 or FAA approved equivalent for engine compartments; and (b) AD-49-18-1 or FAA approved equivalent for combustion heater compartments 28. Fire detectors. No change from the requirements of Sec. 121.275. 29. Protection of other airplane components against fire. To meet the requirements of Sec. 121.277, C-46 airplanes must-- (a) Conform to the type design and all applicable airworthiness directives; and (b) Be modified or have operational procedures established to provide additional fire protection for the wheel well door aft of each engine compartment. Modifications may consist of improvements in sealing of the main landing gear wheel well doors. An operational procedure which is acceptable to the Agency is one requiring the landing gear control to be placed in the up position in case of in-flight engine fire. In accordance with Sec. 121.315, such procedure must be set forth in the emergency portion of the operator's emergency checklist pertaining to in-flight engine fire. 30. Control of engine rotation. C-46 propeller feathering systems which conform to the type design and all applicable airworthiness directives meet the requirements of Sec. 121.279. 31. Fuel system independence. C-46 fuel systems which conform to the type design and all applicable airworthiness directives meet the requirements of Sec. 121.281. 32. Induction system ice prevention. The C-46 carburetor anti-icing system which conforms to the type design and all applicable airworthiness directives meets the requirements of Sec. 121.283. 33. Carriage of cargo in passenger compartments. Section 121.285 is not applicable to nontransport category C-46 cargo airplanes. 34. Carriage of cargo in cargo compartments. A standard cargo loading and tiedown arrangement set forth in the operator's manual and found acceptable to the Administrator must be used in complying with Sec. 121.287. 35. Performance data. Performance data on Curtiss model C-46 airplane certificated for maximum weight of 45,000 and 48,000 pounds for cargo-only operations. 1. The following performance limitation data, applicable to the Curtiss model C-46 airplane for cargo-only operation, must be used in determining compliance with Secs. 121.199 through 121.205. These data are presented in the tables and figures of this appendix. Table 1--Takeoff Limitations (a) Curtiss C-46 certificated for maximum weight of 45,000 pounds. (1) "Effective length" of runway required when effective length is determined in accordance with Sec. 121.171 (distance to accelerate to 93 knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00) [Distance in feet] Airplane weight in pounds Standard altitude 45,000 in feet 39,000 42,000 /1/ S.L 4,110 4,290 4,570 1,000 4,250 4,440 4,720 2,000 4,400 4,600 4,880 3,000 4,650 4,880 5,190 4,000 4,910 5,170 5,500 5,000 5,160 5,450 5,810 6,000 5,420 5,730 6,120 7,000 5,680 6,000 6,440 8,000 5,940 6,280 (/1/) /1/ Ref. Fig. 1(a)(1) for weight and distance for altitudes above 7,000'. (2) Actual length of runway required when "effective length," considering obstacles, is not determined (distance to accelerate to 93 knots TIAS and stop, divided by the factor 0.85). [Distance in feet] Airplane weight in pounds Standard altitude 45,000 in feet 39,000 42,000 /1/ S.L 4,830 5,050 5,370 1,000 5,000 5,230 5,550 2,000 5,170 5,410 5,740 3,000 5,470 5,740 6,100 4,000 5,770 6,080 6,470 5,000 6,070 6,410 6,830 6,000 6,380 6,740 7,200 7,000 6,680 7,070 7,570 8,000 6,990 7,410 (/1/) /1/ Ref. Fig. 1(a)(2) for weight and distance for altitudes above 7,000'. (b) Curtiss C-46 certificated for maximum weight 48,000 pounds. (1) "Effective length" of runway required when effective length is determined in accordance with Sec. 121.171 (distance to accelerate to 93 knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00) [Distance in feet] Airplane weight in pounds Standard altitude 48,000 in feet 39,000 42,000 45,000 /1/ S.L 4,110 4,290 4,570 4,950 1,000 4,250 4,440 4,720 5,130 2,000 4,400 4,600 4,880 5,300 3,000 4,650 4,880 5,190 5,670 4,000 4,910 5,170 5,500 6,050 5,000 5,160 5,450 5,810 6,420 6,000 5,420 5,730 6,120 6,800 7,000 5,680 6,000 6,440 (/1/) 8,000 5,940 6,280 6,750 (/1/) /1/ Ref. Fig. 1(b)(1) for weight and distance for altitudes above 6,000'. (2) Actual length of runway required when "effective length," considering obstacles, is not determined (distance to accelerate to 93 knots TIAS and stop, divided by the factor 0.85). [Distance in feet] Airplane weight in pounds Standard altitude 48,000 in feet 39,000 42,000 45,000 /1/ S.L 4,830 5,050 5,370 5,830 1,000 5,000 5,230 5,550 6,030 2,000 5,170 5,410 5,740 6,230 3,000 5,470 5,740 6,100 6,670 4,000 5,770 6,080 6,470 7,120 5,000 6,070 6,410 6,830 7,560 6,000 6,380 6,740 7,200 8,010 7,000 6,680 7,070 7,570 (/1/) 8,000 6,990 7,410 7,940 (/1/) /1/ Ref. Fig. 1(b)(2) for weight and distance for altitudes above 6,000'. Table 2--En Route Limitations (a) Curtiss model C-46 certificated for maximum weight of 45,000 pounds (based on a climb speed of 113 knots (TIAS)). Terrain clearance Weight (feet) Blower (pounds) /1/ setting 45,000 6,450 Low. 44,000 7,000 Do. 43,000 7,500 Do. 42,200 8,000 High. 41,000 9,600 Do. 40,000 11,000 Do. 39,000 12,300 Do. /1/ Highest altitude of terrain over which airplanes may be operated in compliance with Sec. 121.201. Ref. Fig. 2(a). (b) Curtiss model C-46 certificated for maximum weight of 48,000 pounds or with engine installation approved for 2,550 revolutions per minute (1,700 brake horsepower). Maximum continuous power in low blower (based on a climb speed of 113 knots (TIAS)). Terrain clearance Weight (feet) Blower (pounds) /1/ setting 48,000 5,850 Low. 47,000 6,300 Do. 46,000 6,700 Do. 45,000 7,200 Do. 44,500 7,450 Do. 44,250 8,000 High. 44,000 8,550 Do. 43,000 10,800 Do. 42,000 12,500 Do. 41,000 13,000 Do. /1/ Highest altitude of terrain over which airplanes may be operated in compliance with Sec. 121.201. Ref. Fig. 2(b). Table 3--Landing Limitations (a) Intended Destination. "Effective length" of runway required for intended destination when effective length is determined in accordance with Sec. 121.171 with zero wind and zero gradient. (1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds. (0.60 factor) Distance in feet Airplane weight in pounds and approach speeds /1/ in knots Standard altitude in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50 S.L 4,320 86 4,500 88 4,700 90 4,800 91 1,000 4,440 86 4,620 88 4,830 90 4,930 91 2,000 4,550 86 4,750 88 4,960 90 5,050 91 3,000 4,670 86 4,880 88 5,090 90 5,190 91 4,000 4,800 86 5,000 88 5,220 90 5,320 91 5,000 4,920 86 5,140 88 5,360 90 5,460 91 6,000 5,040 86 5,270 88 5,550 90 5,600 91 7,000 5,170 86 5,410 88 5,650 90 5,750 91 8,000 5,310 86 5,550 88 5,800 90 5,900 91 /1/ Steady approach speed through 50-foot height TIAS denoted by symbol V50. Ref. Fig. 3(a)(1). (2) Curtiss model C-46 certificated for maximum weight of 48,000 pounds./1/ (0.60 factor.) Distance in feet Airplane weight in pounds and approach speeds /2/ in knots Standard altitude in feet 42,000 V50 44,000 V50 46,000 V50 43,000 V50 S.L 3,370 80 3,490 82 3,620 84 3,740 86 1,000 3,460 80 3,580 82 3,710 84 3,830 86 2,000 3,540 80 3,670 82 3,800 84 3,920 86 3,000 3,630 80 3,760 82 3,890 84 4,020 86 4,000 3,720 80 3,850 82 3,980 84 4,110 86 5,000 3,800 80 3,940 82 4,080 84 4,220 86 6,000 3,890 80 4,040 82 4,180 84 4,320 86 7,000 3,980 80 4,140 82 4,280 84 4,440 86 8,000 4,080 80 4,240 82 4,390 84 4,550 86 /1/ For use with Curtiss model C-46 airplanes when approved for this weight. /2/ Steady approach speed through 50 height knots TIAS denoted by symbol V503. Ref. Fig. 3(a)(2). (b) Alternate Airports. "Effective length" of runway required when effective length is determined in accordance with Sec. 121.171 with zero wind and zero gradient. (1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds. (0.70 factor.) Distance in feet Airplane weight in pounds and approach speeds /1/ in knots Standard altitude in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50 S.L 3,700 86 3,860 88 4,030 90 4,110 91 1,000 3,800 86 3,960 88 4,140 90 4,220 91 2,000 3,900 86 4,070 88 4,250 90 4,340 91 3,000 4,000 86 4,180 88 4,360 90 4,450 91 4,000 4,110 86 4,290 88 4,470 90 4,560 91 5,000 4,210 86 4,400 88 4,590 90 4,680 91 6,000 4,330 86 4,510 88 4,710 90 4,800 91 7,000 4,430 86 4,630 88 4,840 90 4,930 91 8,000 4,550 86 4,750 88 4,970 90 5,060 91 /1/ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50. Ref. Fig. 3(b)(1). (2) Curtiss model C-46 certificated for maximum weight of 48,000 pounds./1/ (0.70 factor.) Distance in feet Airplane weight in pounds and approach speeds /2/ in knots Standard altitude in feet 42,000 V50 44,000 V50 46,000 V50 48,000 V50 S.L 2,890 80 3,000 82 3,110 84 3,220 86 1,000 2,960 80 3,070 82 3,180 84 3,280 86 2,000 3,040 80 3,150 82 3,260 84 3,360 86 3,000 3,110 80 3,220 82 3,340 84 3,440 86 4,000 3,180 80 3,300 82 3,410 84 3,520 86 5,000 3,260 80 3,380 82 3,500 84 3,610 86 6,000 3,330 80 3,460 82 3,580 84 3,700 86 7,000 3,420 80 3,540 82 3,670 84 3,800 86 8,000 3,500 80 3,630 82 3,760 84 3,900 86 /1/ For use with Curtiss model C-46 airplanes when approved for this weight. /2/ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50. Ref. Fig. 3(b)(2). (c) Actual length of runway required when effective length, considering obstacles, is not determined in accordance with Sec. 121.171. (1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds. (0.55 factor.) Distance in feet Airplane weight in pounds and approach speeds /1/ in knots Standard altitude in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50 S.L 4,710 86 4,910 88 5,130 90 5,230 91 1,000 4,840 86 5,050 88 5,270 90 5,370 91 2,000 4,960 86 5,180 88 5,410 90 5,510 91 3,000 5,090 86 5,320 88 5,550 90 5,660 91 4,000 5,230 86 5,460 88 5,700 90 5,810 91 5,000 5,360 86 5,600 88 5,850 90 5,960 91 6,000 5,500 86 5,740 88 6,000 90 6,110 91 7,000 5,640 86 5,900 88 6,170 90 6,280 91 8,000 5,790 86 6,050 88 6,340 90 6,450 91 /1/ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50. Ref. Fig. 3(c)(1). (2) Curtiss C-46 certificated for maximum weight of 48,000 pounds./1/ (0.55 factor.) Distance in feet Airplane weight in pounds and approach speeds /2/ in knots Standard altitude in feet 42,000 V50 44,000 V50 46,000 V50 48,000 V50 S.L 3,680 80 3,820 82 3,960 84 4,090 86 1,000 3,770 80 3,910 82 4,050 84 4,180 86 2,000 3,860 80 4,000 82 4,140 84 4,280 86 3,000 3,960 80 4,090 82 4,240 84 4,380 86 4,000 4,050 80 4,190 82 4,340 84 4,490 86 5,000 4,150 80 4,290 82 4,450 84 4,600 86 6,000 4,240 80 4,400 82 4,560 84 4,710 86 7,000 4,350 80 4,510 82 4,670 84 4,840 86 8,000 4,450 80 4,620 82 4,790 84 4,960 86 /1/ For use with Curtiss model C-46 airplanes when approved for this weight. /2/ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50. Ref. Fig. 3(c)(2). Curtis C-46 Models [ ...Illustration appears here... ] Fig. 1(a)(1) Reference Table 1(a)(1) [ ...Illustration appears here... ] Fig. 1(a)(2) Reference Table 1(a)(2) [ ...Illustration appears here... ] Fig. 1(b)(1) Reference Table 1(b)(1) [ ...Illustration appears here... ] Fig. 1(b)(2) Reference Table 1(b)(2) [ ...Illustration appears here... ] Fig. 1(c) [ ...Illustration appears here... ] Fig. 2(a) Reference Table 2(a) [ ...Illustration appears here... ] Fig. 2(b) Reference Table 2(b) [ ...Illustration appears here... ] Fig. 2(c) Drift-Down Chart [ ...Illustration appears here... ] Fig. 2(d) Enroute Climb Summary [ ...Illustration appears here... ] Fig. 3(a)(1) [ ...Illustration appears here... ] Fig. 3(a)(2) [ ...Illustration appears here... ] Fig. 3(b)(1) [ ...Illustration appears here... ] Fig. 3(b)(2) [ ...Illustration appears here... ] Fig. 3(c)(1) [ ...Illustration appears here... ] Fig. 3(c)(2) [30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as amended by Amdt. 121- 207, 54 FR 39293, Sept. 25, 1989] Appendix D to Part 121--Criteria for Demonstration of Emergency Evacuation Procedures Under Sec. 121.291 (a) Aborted takeoff demonstration. (1) The demonstration must be conducted either during the dark of the night or during daylight with the dark of the night simulated. If the demonstration is conducted indoors during daylight hours, it must be conducted with each window covered and each door closed to minimize the daylight effect. Illumination on the floor or ground may be used, but it must be kept low and shielded against shining into the airplane's windows or doors. (2) The airplane must be a normal ground attitude with landing gear extended. (3) Unless the airplane is equipped with an off-wing descent means, stands or ramps may be used for descent from the wing to the ground. Safety equipment such as mats or inverted life rafts may be placed on the floor or ground to protect participants. No other equipment that is not part of the emergency evacuation equipment of the airplane may be used to aid the participants in reaching the ground. (4) The airplane's normal electrical power sources must be deenergized. (5) All emergency equipment for the type of passenger-carrying operation involved must be installed in accordance with the certificate holder's manual. (6) Each external door and exit, and each internal door or curtain must be in position to simulate a normal takeoff. (7) A representative passenger load of persons in normal health must be used. At least 40 percent of the passenger load must be females. At least 35 percent of the passenger load must be over 50 years of age. At least 15 percent of the passenger load must be female and over 50 year of age. Three life-size dolls, not included as part of the total passenger load, must be carried by passengers to simulate live infants 2 years old or younger. Crewmembers, mechanics, and training personnel, who maintain or operate the airplane in the normal course of their duties, may not be used as passengers. (8) No passenger may be assigned a specific seat except as the Administrator may require. Except as required by item (12) of this paragraph, no employee of the certificate holder may be seated next to an emergency exist. (9) Seat belts and shoulder harnesses (as required) must be fastened. (10) Before the start of the demonstration, approximately one-half of the total average amount of carry-on baggage, blankets, pillows, and other similar articles must be distributed at several locations in the aisles and emergency exit access ways to create minor obstructions. (11) The seating density and arrangement of the airplane must be representative of the highest capacity passenger version of that airplane the certificate holder operates or proposes to operate. (12) Each crewmember must be a member of a regularly scheduled line crew, except that flight crewmembers need not be members of a regularly scheduled line crew, provided they have knowledge of the airplane. Each crewmember must be seated in the seat the crewmember is normally assigned for takeoff, and must remain in that seat until the signal for commencement of the demonstration is received. (13) No crewmember or passenger may be given prior knowledge of the emergency exits available for the demonstration. (14) The certificate holder may not practice, rehearse, or describe the demonstration for the participants nor may any participant have taken part in this type of demonstration within the preceding 6 months. (15) The pretakeoff passenger briefing required by Sec. 121.571 may be given in accordance with the certificate holder's manual. The passengers may also be warned to follow directions of crewmembers, but may not be instructed on the procedures to be followed in the demonstration. (16) If safety equipment as allowed by item (3) of this section is provided, either all passenger and cockpit windows must be blacked out or all of the emergency exits must have safety equipment in order to prevent disclosure of the available emergency exits. (17) Not more than 50 percent of the emergency exits in the sides of the fuselage of an airplane that meet all of the requirements applicable to the required emergency exits for that airplane may be used for the demonstration. Exits that are not to be used in the demonstration must have the exit handle deactivated or must be indicated by red lights, red tape, or other acceptable means, placed outside the exits to indicate fire or other reason that they are unusable. The exits to be used must be representative of all of the emergency exits on the airplane and must be designated by the certificate holder, subject to approval by the Administrator. At least one floor level exit must be used. (18) Except as provided in paragraph (a)(3) of this appendix, all evacuees must leave the airplane by a means provided as part of the airplane's equipment. (19) The certificate holder's approved procedures and all of the emergency equipment that is normally available, including slides, ropes, lights, and megaphones, must be fully utilized during the demonstration, except that the flightcrew must take no active role in assisting others inside the cabin during the demonstration. (20) The evacuation time period is completed when the last occupant has evacuated the airplane and is on the ground. Evacuees using stands or ramps allowed by item (3) above are considered to be on the ground when they are on the stand or ramp: Provided, That the acceptance rate of the stand or ramp is no greater than the acceptance rate of the means available on the airplane for descent from the wing during an actual crash situation. (b) Ditching demonstration. The demonstration must assume that daylight hours exist outside the airplane, and that all required crewmembers are available for the demonstration. (1) If the certificate holder's manual requires the use of passengers to assist in the launching of liferafts, the needed passengers must be aboard the airplane and participate in the demonstration according to the manual. (2) A stand must be placed at each emergency exit and wing, with the top of the platform at a height simulating the water level of the airplane following a ditching. (3) After the ditching signal has been received, each evacuee must don a life vest according to the certificate holder's manual. (4) Each liferaft must be launched and inflated, according to the certificate holder's manual, and all other required emergency equipment must be placed in rafts. (5) Each evacuee must enter a liferaft, and the crewmembers assigned to each liferaft must indicate the location of emergency equipment aboard the raft and describe its use. (6) Either the airplane, a mockup of the airplane or a floating device simulating a passenger compartment must be used. (i) If a mockup of the airplane is used, it must be a life-size mockup of the interior and representative of the airplane currently used by or proposed to be used by the certificate holder, and must contain adequate seats for use of the evacuees. Operation of the emergency exits and the doors must closely simulate those on the airplane. Sufficient wing area must be installed outside the over-the-wing exits to demonstrate the evacuation. (ii) If a floating device simulating a passenger compartment is used, it must be representative, to the extent possible, of the passenger compartment of the airplane used in operations. Operation of the emergency exits and the doors must closely simulate operation on that airplane. Sufficient wing area must be installed outside the over-the-wing exits to demonstrate the evacuation. The device must be equipped with the same survival equipment as is installed on the airplane, to accommodate all persons participating in the demonstration. [Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 FR 13268, Sept. 20, 1967; Amdt. 121-41, 33 FR 9067, June 20, 1968; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 121-47, 34 FR 11489, July 11, 1969; 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. ***************************************************************************** Appendix E to Part 121--Flight Training Requirements The maneuvers and procedures required by Sec. 121.424 of this part for pilot initial, transition, and upgrade flight training are set forth in the certificate holder's approved low-altitude windshear flight training program and in this appendix and must be performed inflight except that windshear maneuvers and procedures must be performed in an airplane simulator in which the maneuvers and procedures are specifically authorized to be accomplished and except to the extent that certain other maneuvers and procedures may be performed in an airplane simulator with a visual system (visual simulator), an airplane simulator without a visual system (nonvisual simulator), a training device, or a static airplane as indicated by the appropriate symbol in the respective column opposite the maneuver or procedure. Whenever a maneuver or procedure is authorized to be performed in a nonvisual simulator, it may be performed in a visual simulator; when authorized in a training device, it may be performed in a visual or nonvisual simulator, and in some cases, a static airplane. Whenever the requirement may be performed in either a training device or a static airplane, the appropriate symbols are entered in the respective columns. For the purpose of this appendix, the following symbols mean-- P=Pilot in Command (PIC). S=Second in Command (SIC). B=PIC and SIC. F=Flight Engineer. PJ=PIC transition Jet to Jet. PP=PIC transition Prop. to Prop. SJ=SIC transition Jet to Jet. SP=SIC transition Prop. to Prop. AT=All transition categories (PJ, PP, SJ, SP). PS=SIC upgrading to PIC (same airplane). SF=Flight Engineer upgrading to SIC (same airplane). BU=Both SIC and Flight Engineer upgrading (same airplane). Flight Training Requirements Initial training A/P Simulator Visual Nonvisual Training Maneuvers/Procedures Inflight Static simulator simulator device As appropriate to the airplane and the operation involved, flight training for pilots must include the following maneuvers and procedures. I. Preflight: (a) Visual inspection of the exterior and interior of the airplane, the location of each item to be inspected, and the purpose for inspecting it. If a flight engineer is a required crewmember for the particular type of airplane, the visual inspection may be replaced by using an approved pictorial means that realistically portrays the location and detain of preflight inspection items. B (b) Use of the prestart check list, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight B (c) Taxiing, sailing, and docking procedures in compliance with instructions issued by the appropriate Traffic Control Authority or by the person conducting the training B (d) Pretakeoff checks that include power-plant checks B II. Takeoffs: (a) Normal takeoffs which, for the purpose of this maneuver, begin when the airplane is taxied into position on the runway to be used B (b) Takeoffs with instrument conditions simulated at or before reaching an altitude of 100' above the airport elevation B (c) Crosswind takeoffs B (d) Takeoffs with a simulated failure of the most critical powerplant-- B (1) At a point after V1 and before V2 that in the judgment of the person conducting the training is appropriate to the airplane type under the prevailing conditions; or (2) At a point as close as possible afare V1 when V1 and V2 or V1 and VR tre identical; or (3) At the appropriate speed for nontransport category airplanes For transition training in an airplane group with engines mounted in similar positions, or from wing- mounted engines to aft fuselage-mounted engines, the maneuver may be performed in a nonvisual simulator (e) Rejected takeoffs accomplished during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane B Training in at least one of the above takeoffs must be accomplished at night. For transitioning pilots this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal takeoff at night when a check airman serving as pilot-in-command is occupying a pilot station III. Flight Maneuvers and Procedures: (a) Turns with and without spoilers B (b) Tuck and Mach buffet B (c) Maximum endurance and maximum range procedures B (d) Operation of systems and controls at the flight engineer station B (e) Runway and jammed stabilizer B (f) Normal and abnormal or alternate operation of the following systems and procedures: (1) Pressurization B (2) Pneumatic B (3) Air conditioning B (4) Fuel and oil B B (5) Electrical B B (6) Hydraulic B B (7) Flight control B B (8) Anti-icing and deicing B (9) Auto-pilot B (10) Automatic or other approach aids B B (11) Stall warning devices, stall avoidance devices, and stability augmentation devices B B (12) Airborne radar devices B (13) Any other systems, devices, or aids available B (14) Electrical, hydraulic, flight control, and flight instrument system malfunctioning or failure B B (15) Landing gear and flap systems failure or malfunction B B (16) Failure of navigation or communications equipment B (g) Flight emergency procedures that include at least the following: (1) Powerplant, heater, cargo compartment, cabin, flight deck, wing, and electrical fires B B (2) Smoke control B B (3) Powerplant failures B (4) Fuel jettisoning B B (5) Any other emergency procedures outlined in the appropriate flight manual B (h) Steep turns in each direction. Each steep turn must involve a bank angle of 45 deg. with a heading change of at least 180 deg. but not more than 360 deg. P (i) Approaches to stalls in the takeoff configuration (except where the airplane uses only a zero-flap configuration), in the clean configuration, and in the landing configuration B Training in at least one of the above configurations must be accomplished while in a turn with a bank angle between 15 deg. and 30 deg. (j) Recovery from specific flight characteristics that are peculiar to the airplane type B (k) Instrument procedures that include the following: (1) Area departure and arrival B (2) Use of navigation systems including adherence to assigned radials B (3) Holding B (l) ILS instrument approaches that include the following: (1) Normal ILS approaches B (2) Manually controlled ILS approaches with a simulated failure of one powerplane which occurs before initiating the final approach course and continues to touchdown or through the missed approach procedure B (m) Instrument approaches and missed approaches other than ILS which include the following: (1) Nonprecision approaches that the trainee is likely to use B (2) In addition to subparagraph (1) of this paragraph, at least one other nonprecision approach and missed approach procedure that the trainee is likely to use B In connection with paragraphs III(k) and III(l), each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed (n) Circling approaches which include the following: B (1) That portion of the circling approach to the authorized minimum altitude for the procedure being used must be made under simulated instrument conditions (2) The circling approach must be made to the authorized minimum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90 deg. from the final approach course of the simulated instrument portion of the approach (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30 deg. Training in the circling approach maneuver is not required for a pilot employed by a certificate holder subject to the operating rules of Part 121 of this chapter if the certificate holder's manual prohibits a circling approach in weather conditions below 1000-3 (ceiling and visibility); for a SIC if the certificate holder's manual prohibits the SIC from performing a circling approach in operations under this part (o) Zero-flap approaches. Training in this maneuver is not required for a particular airplane type if the Administrator has determined that the probability of flap extension failure on that type airplane is extremely remote due to system design. In making this determination, the Administrator determines whether training on slats only and partial flap approaches is necessary P (p) Missed approaches which include the following: (1) Missed approaches from ILS approaches B (2) Other missed approaches B (3) Missed approaches that include a complete approved missed approach procedure B (4) Missed approaches that include a powerplant failure B IV. Landings and Approaches to Landings: (a) Normal landings B (b) Landing and go around with the horizontal stabilizer out of trim P (c) Landing in sequence from an ILS instrument approach B (d) Cross wind landing B (e) Maneuvering to a landing with simulated powerplant failure, as follows: (1) Except as provided in subparagraph (3) of this paragraph in the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one out-board engine) P (2) Except as provided in subparagraph (3) of this paragraph, in the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants with the simulated loss of power on one side of the airplane P (3) Notwithstanding the requirements of subparagraphs (1) and (2) of this paragraph, flight crewmembers who satisfy those requirements in a visual simulator must also: (i ) Take inflight training in one-engine inoperative landings; and (ii ) In the case of a second-in-command up- grading to a pilot-in- command and who has not previously performed the maneuvers required by this paragraph in flight, meet the requirements of this paragraph applicable to initial training for pilots-in-command (4) In the case of flight crewmembers other than the pilot-in-command, perform the maneuver with the simulated loss of power of the most critical powerplant only (f) Landing under simulated circling approach conditions (exceptions under III(n) applicable to this requirement) B (g) Rejected landings that include a normal missed approach procedure after the landing is rejected. For the purpose of this maneuver the landing should be rejected at approximately 50 feet and approximately over the runway threshold B (h) Zero-flap landings if the Administrator finds that maneuver appropriate for training in the airplane P (i) Manual reversion (if appropriate) B Training in landings and approaches to landings must include the types and conditions provided in IV(a) through (i) but more than one type may be combined where appropriate Training in one of the above landings must be accomplished at night. For transitioning pilots, this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal landing when a check pilot serving as pilot- in-command is occupying a pilot station B [ ...Table continues... ] Transition training A/P Simulator Visual Nonvisual Training Maneuvers/Procedures Inflight Static simulator simulator device As appropriate to the airplane and the operation involved, flight training for pilots must include the following maneuvers and procedures. I. Preflight: (a) Visual inspection of the exterior and interior of the airplane, the location of each item to be inspected, and the purpose for inspecting it. If a flight engineer is a required crewmember for the particular type of airplane, the visual inspection may be replaced by using an approved pictorial means that realistically portrays the location and detain of preflight inspection items. AT (b) Use of the prestart check list, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight AT (c) Taxiing, sailing, and docking procedures in compliance with instructions issued by the appropriate Traffic Control Authority or by the person conducting the training AT (d) Pretakeoff checks that include power-plant checks AT II. Takeoffs: (a) Normal takeoffs which, for the purpose of this maneuver, begin when the airplane is taxied into position on the runway to be used AT (b) Takeoffs with instrument conditions simulated at or before reaching an altitude of 100' above the airport elevation AT (c) Crosswind takeoffs AT (d) Takeoffs with a simulated failure of the most critical powerplant-- AT (1) At a point after V1 and before V2 that in the judgment of the person conducting the training is appropriate to the airplane type under the prevailing conditions; or (2) At a point as close as possible afare V1 when V1 and V2 or V1 and VR tre identical; or (3) At the appropriate speed for nontransport category airplanes For transition training in an airplane group with engines mounted in similar positions, or from wing- mounted engines to aft fuselage-mounted engines, the maneuver may be performed in a nonvisual simulator (e) Rejected takeoffs accomplished during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane AT Training in at least one of the above takeoffs must be accomplished at night. For transitioning pilots this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal takeoff at night when a check airman serving as pilot-in-command is occupying a pilot station III. Flight Maneuvers and Procedures: (a) Turns with and without spoilers AT (b) Tuck and Mach buffet AT (c) Maximum endurance and maximum range procedures AT (d) Operation of systems and controls at the flight engineer station AT (e) Runway and jammed stabilizer AT (f) Normal and abnormal or alternate operation of the following systems and procedures: (1) Pressurization AT (2) Pneumatic AT (3) Air conditioning AT (4) Fuel and oil AT AT (5) Electrical AT AT (6) Hydraulic AT AT (7) Flight control AT (8) Anti-icing and deicing AT (9) Auto-pilot AT (10) Automatic or other approach aids AT (11) Stall warning devices, stall avoidance devices, and stability augmentation devices AT (12) Airborne radar devices AT (13) Any other systems, devices, or aids available AT (14) Electrical, hydraulic, flight control, and flight instrument system malfunctioning or failure AT AT (15) Landing gear and flap systems failure or malfunction AT AT (16) Failure of navigation or communications equipment AT (g) Flight emergency procedures that include at least the following: (1) Powerplant, heater, cargo compartment, cabin, flight deck, wing, and electrical fires AT AT (2) Smoke control AT AT (3) Powerplant failures AT (4) Fuel jettisoning B B (5) Any other emergency procedures outlined in the appropriate flight manual AT (h) Steep turns in each direction. Each steep turn must involve a bank angle of 45 deg. with a heading change of at least 180 deg. but not more than 360 deg. PJ (i) Approaches to stalls in the takeoff configuration (except where the airplane uses only a zero-flap configuration), in the clean configuration, and in the landing configuration AT Training in at least one of the above configurations must be accomplished while in a turn with a bank angle between 15 deg. and 30 deg. (j) Recovery from specific flight characteristics that are peculiar to the airplane type AT (k) Instrument procedures that include the following: (1) Area departure and arrival AT (2) Use of navigation systems including adherence to assigned radials AT (3) Holding AT (l) ILS instrument approaches that include the following: (1) Normal ILS approaches AT (2) Manually controlled ILS approaches with a simulated failure of one powerplane which occurs before initiating the final approach course and continues to touchdown or through the missed approach procedure AT (m) Instrument approaches and missed approaches other than ILS which include the following: (1) Nonprecision approaches that the trainee is likely to use AT (2) In addition to subparagraph (1) of this paragraph, at least one other nonprecision approach and missed approach procedure that the trainee is likely to use AT In connection with paragraphs III(k) and III(l), each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed (n) Circling approaches which include the following: AT (1) That portion of the circling approach to the authorized minimum altitude for the procedure being used must be made under simulated instrument conditions (2) The circling approach must be made to the authorized minimum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90 deg. from the final approach course of the simulated instrument portion of the approach (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30 deg. Training in the circling approach maneuver is not required for a pilot employed by a certificate holder subject to the operating rules of Part 121 of this chapter if the certificate holder's manual prohibits a circling approach in weather conditions below 1000-3 (ceiling and visibility); for a SIC if the certificate holder's manual prohibits the SIC from performing a circling approach in operations under this part (o) Zero-flap approaches. Training in this maneuver is not required for a particular airplane type if the Administrator has determined that the probability of flap extension failure on that type airplane is extremely remote due to system design. In making this determination, the Administrator determines whether training on slats only and partial flap approaches is necessary PP, PJ (p) Missed approaches which include the following: (1) Missed approaches from ILS approaches AT (2) Other missed approaches AT (3) Missed approaches that include a complete approved missed approach procedure AT (4) Missed approaches that include a powerplant failure AT IV. Landings and Approaches to Landings: (a) Normal landings AT (b) Landing and go around with the horizontal stabilizer out of trim PJ, PP (c) Landing in sequence from an ILS instrument approach AT AT (d) Cross wind landing AT (e) Maneuvering to a landing with simulated powerplant failure, as follows: (1) Except as provided in subparagraph (3) of this paragraph in the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one out-board engine) PJ, PP (2) Except as provided in subparagraph (3) of this paragraph, in the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants with the simulated loss of power on one side of the airplane PJ, PP (3) Notwithstanding the requirements of subparagraphs (1) and (2) of this paragraph, flight crewmembers who satisfy those requirements in a visual simulator must also: (i ) Take inflight training in one-engine inoperative landings; and (ii ) In the case of a second-in-command up- grading to a pilot-in- command and who has not previously performed the maneuvers required by this paragraph in flight, meet the requirements of this paragraph applicable to initial training for pilots-in-command (4) In the case of flight crewmembers other than the pilot-in-command, perform the maneuver with the simulated loss of power of the most critical powerplant only (f) Landing under simulated circling approach conditions (exceptions under III(n) applicable to this requirement) AT (g) Rejected landings that include a normal missed approach procedure after the landing is rejected. For the purpose of this maneuver the landing should be rejected at approximately 50 feet and approximately over the runway threshold AT (h) Zero-flap landings if the Administrator finds that maneuver appropriate for training in the airplane PP, PJ (i) Manual reversion (if appropriate) AT Training in landings and approaches to landings must include the types and conditions provided in IV(a) through (i) but more than one type may be combined where appropriate Training in one of the above landings must be accomplished at night. For transitioning pilots, this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal landing when a check pilot serving as pilot- in-command is occupying a pilot station AT [ ...Table continues... ] Upgrade training A/P Simulator Visual Nonvisual Training Maneuvers/Procedures Inflight Static simulator simulator device As appropriate to the airplane and the operation involved, flight training for pilots must include the following maneuvers and procedures. I. Preflight: (a) Visual inspection of the exterior and interior of the airplane, the location of each item to be inspected, and the purpose for inspecting it. If a flight engineer is a required crewmember for the particular type of airplane, the visual inspection may be replaced by using an approved pictorial means that realistically portrays the location and detain of preflight inspection items. BU (b) Use of the prestart check list, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight BU (c) Taxiing, sailing, and docking procedures in compliance with instructions issued by the appropriate Traffic Control Authority or by the person conducting the training BU (d) Pretakeoff checks that include power-plant checks BU II. Takeoffs: (a) Normal takeoffs which, for the purpose of this maneuver, begin when the airplane is taxied into position on the runway to be used BU (b) Takeoffs with instrument conditions simulated at or before reaching an altitude of 100' above the airport elevation BU (c) Crosswind takeoffs BU (d) Takeoffs with a simulated failure of the most critical powerplant-- BU (1) At a point after V1 and before V2 that in the judgment of the person conducting the training is appropriate to the airplane type under the prevailing conditions; or (2) At a point as close as possible afare V1 when V1 and V2 or V1 and VR tre identical; or (3) At the appropriate speed for nontransport category airplanes For transition training in an airplane group with engines mounted in similar positions, or from wing- mounted engines to aft fuselage-mounted engines, the maneuver may be performed in a nonvisual simulator (e) Rejected takeoffs accomplished during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane BU Training in at least one of the above takeoffs must be accomplished at night. For transitioning pilots this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal takeoff at night when a check airman serving as pilot-in-command is occupying a pilot station III. Flight Maneuvers and Procedures: (a) Turns with and without spoilers BU (b) Tuck and Mach buffet BU (c) Maximum endurance and maximum range procedures BU (d) Operation of systems and controls at the flight engineer station PS (e) Runway and jammed stabilizer BU (f) Normal and abnormal or alternate operation of the following systems and procedures: (1) Pressurization BU (2) Pneumatic BU (3) Air conditioning BU (4) Fuel and oil BU BU (5) Electrical BU BU (6) Hydraulic BU BU (7) Flight control BU BU (8) Anti-icing and deicing BU (9) Auto-pilot BU (10) Automatic or other approach aids SF BU (11) Stall warning devices, stall avoidance devices, and stability augmentation devices SF BU (12) Airborne radar devices BU (13) Any other systems, devices, or aids available BU (14) Electrical, hydraulic, flight control, and flight instrument system malfunctioning or failure BU BU (15) Landing gear and flap systems failure or malfunction BU BU (16) Failure of navigation or communications equipment BU (g) Flight emergency procedures that include at least the following: (1) Powerplant, heater, cargo compartment, cabin, flight deck, wing, and electrical fires BU BU (2) Smoke control BU BU BU (3) Powerplant failures BU (4) Fuel jettisoning BU BU (5) Any other emergency procedures outlined in the appropriate flight manual BU (h) Steep turns in each direction. Each steep turn must involve a bank angle of 45 deg. with a heading change of at least 180 deg. but not more than 360 deg. PS (i) Approaches to stalls in the takeoff configuration (except where the airplane uses only a zero-flap configuration), in the clean configuration, and in the landing configuration BU Training in at least one of the above configurations must be accomplished while in a turn with a bank angle between 15 deg. and 30 deg. (j) Recovery from specific flight characteristics that are peculiar to the airplane type BU (k) Instrument procedures that include the following: (1) Area departure and arrival BU (2) Use of navigation systems including adherence to assigned radials BU (3) Holding BU (l) ILS instrument approaches that include the following: (1) Normal ILS approaches BU (2) Manually controlled ILS approaches with a simulated failure of one powerplane which occurs before initiating the final approach course and continues to touchdown or through the missed approach procedure BU (m) Instrument approaches and missed approaches other than ILS which include the following: (1) Nonprecision approaches that the trainee is likely to use BU (2) In addition to subparagraph (1) of this paragraph, at least one other nonprecision approach and missed approach procedure that the trainee is likely to use BU In connection with paragraphs III(k) and III(l), each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed (n) Circling approaches which include the following: BU (1) That portion of the circling approach to the authorized minimum altitude for the procedure being used must be made under simulated instrument conditions (2) The circling approach must be made to the authorized minimum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90 deg. from the final approach course of the simulated instrument portion of the approach (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30 deg. Training in the circling approach maneuver is not required for a pilot employed by a certificate holder subject to the operating rules of Part 121 of this chapter if the certificate holder's manual prohibits a circling approach in weather conditions below 1000-3 (ceiling and visibility); for a SIC if the certificate holder's manual prohibits the SIC from performing a circling approach in operations under this part (o) Zero-flap approaches. Training in this maneuver is not required for a particular airplane type if the Administrator has determined that the probability of flap extension failure on that type airplane is extremely remote due to system design. In making this determination, the Administrator determines whether training on slats only and partial flap approaches is necessary PS (p) Missed approaches which include the following: (1) Missed approaches from ILS approaches BU (2) Other missed approaches BU (3) Missed approaches that include a complete approved missed approach procedure BU (4) Missed approaches that include a powerplant failure BU IV. Landings and Approaches to Landings: (a) Normal landings BU (b) Landing and go around with the horizontal stabilizer out of trim PS (c) Landing in sequence from an ILS instrument approach BU (d) Cross wind landing BU (e) Maneuvering to a landing with simulated powerplant failure, as follows: (1) Except as provided in subparagraph (3) of this paragraph in the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one out-board engine) PS (2) Except as provided in subparagraph (3) of this paragraph, in the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants with the simulated loss of power on one side of the airplane PS (3) Notwithstanding the requirements of subparagraphs (1) and (2) of this paragraph, flight crewmembers who satisfy those requirements in a visual simulator must also: (i ) Take inflight training in one-engine inoperative landings; and (ii ) In the case of a second-in-command up- grading to a pilot-in- command and who has not previously performed the maneuvers required by this paragraph in flight, meet the requirements of this paragraph applicable to initial training for pilots-in-command (4) In the case of flight crewmembers other than the pilot-in-command, perform the maneuver with the simulated loss of power of the most critical powerplant only (f) Landing under simulated circling approach conditions (exceptions under III(n) applicable to this requirement) BU (g) Rejected landings that include a normal missed approach procedure after the landing is rejected. For the purpose of this maneuver the landing should be rejected at approximately 50 feet and approximately over the runway threshold BU (h) Zero-flap landings if the Administrator finds that maneuver appropriate for training in the airplane PS (i) Manual reversion (if appropriate) BU Training in landings and approaches to landings must include the types and conditions provided in IV(a) through (i) but more than one type may be combined where appropriate Training in one of the above landings must be accomplished at night. For transitioning pilots, this requirement may be met during the operating experience required under Sec. 121.434 of this part by performing a normal landing when a check pilot serving as pilot- in-command is occupying a pilot station BU [Amdt. 121-55, 35 FR 97, Jan. 3, 1970, as amended by Amdt. 121-91, 37 FR 10730, May 27, 1972; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121- 159, 45 FR 41595, June 19, 1980; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988] Appendix F to Part 121--Proficiency Check Requirements The maneuvers and procedures required by Sec. 121.441 for pilot proficiency checks are set forth in this appendix and must be performed inflight except to the extent that certain maneuvers and procedures may be performed in an airplane simulator with a visual system (visual simulator), an airplane simulator without a visual system (nonvisual simulator), or a training device as indicated by the appropriate symbol in the respective column opposite the maneuver or procedure. Whenever a maneuver or procedure is authorized to be performed in a nonvisual simulator, it may also be performed in a visual simulator; when authorized in a training device, it may be performed in a visual or nonvisual simulator. For the purpose of this appendix, the following symbols mean-- P=Pilot in Command. B=Both Pilot in Command and Second in Command. *=A symbol and asterisk (B*) indicates that a particular condition is specified in the maneuvers and procedures column. NZ=When a maneuver is preceded by this symbol it indicates the maneuver may be required in the airplane at the discretion of the person conducting the check. Throughout the maneuvers prescribed in this appendix, good judgment commensurate with a high level of safety must be demonstrated. In determining whether such judgment has been shown, the person conducting the check considers adherence to approved procedures, actions based on analysis of situations for which there is no prescribed procedure or recommended practice, and qualities of prudence and care in selecting a course of action. Required Simulated instrument Maneuvers/Procedures conditions Inflight The procedures and maneuvers set forth in this appendix must be performed in a manner that satisfactorily demonstrates knowledge and skill with respect to-- (1) The airplane, its systems and components; (2) Proper control of airspeed, configuration, direction, altitude, and attitude in accordance with procedures and limitations contained in the approved Airplane Flight Manual, the certificate holder's operations Manual, check lists, or other approved material appropriate to the airplane type; and (3) Compliance with approach, ATC, or other applicable procedures I. Preflight: (a) Equipment examination (oral or written). As part of the practical test the equipment examination must be closely coordinated with, and related to, the flight maneuvers portion but may not be given during the flight maneuvers portion. The equipment examination must cover-- (1) Subjects requiring a practical knowledge of the airplane, its powerplants, systems, components, operational, and performance factors; (2) Normal, abnormal, and emergency procedures, and the operations and limitations relating thereto; and (3) The appropriate provisions of the approved Airplane Flight Manual The person conducting the check may accept, as equal to this equipment test, an equipment test given to the pilot in the certificate holder's ground school within the preceding 6 calendar months (b) Preflight inspection. The pilot must-- (1) Conduct an actual visual inspection of the exterior and interior of the airplane, locating each item and explaining briefly the purpose for inspecting it; and (2) Demonstrate the use of the prestart check list, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight Except for flight checks required by Sec. 121.424(d)(2), an approved pictorial means that realistically portrays the location and detail of preflight inspection items and provides for the portrayal of abnormal conditions may be substituted for the preflight inspection. If a flight engineer is a required flight crewmember for the particular type airplane, the visual inspection may be waived under Sec. 121.441(d) (c) Taxiing. This maneuver includes taxiing (in the case of a second in command proficiency check to the extent practical from the second in command crew position), sailing, or docking procedures in compliance with instructions issued by the appropriate traffic control authority or by the person conducting the checks B (d) Powerplant checks. As appropriate to the airplane type II. Takeoff: (a) Normal. One normal takeoff which, for the purpose of this maneuver, begins when the airplane is taxied into position on the runway to be used B* (b) Instrument. One takeoff with instrument conditions simulated at or before reaching an altitude of 100' above the airport elevation B (c) Crosswind. One crosswind takeoff, if practicable, under the existing meteorological, airport, and traffic conditions B* Requirements (a) and (c) may be combined, and requirements (a), (b), and (c) may be combined if (b) is performed inflight NZ(d) Powerplant failure. One takeoff with a simulated failure of the most critical powerplant-- (1) At a point after V1 and before V2 that in the judgment of the person conducting the check is appropriate to the airplane type under the prevailing conditions; (2) At a point as close as possible after V1 when V1 and V2 or V1 and Vr are identical; or (3) At the appropriate speed for non-transport category airplanes In an airplane group with aft fuselage-mounted engines this maneuver may be performed in a non-visual simulator (e) Rejected. A rejected takeoff may be performed in an airplane during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane III. Instrument procedures: (a) Area departure and area arrival. During each of these maneuvers the applicant must-- B (1) Adhere to actual or simulated ATC clearances (including assigned radials); and (2) Properly use available navigation facilities Either area arrival or area departure, but not both, may be waived under Sec. 121.441(d) (b) Holding. This maneuver includes entering, maintaining, and leaving holding patterns. It may be performed in connection with either area departure or area arrival B (c) ILS and other instrument approaches. There must be the following: (1) At least one normal ILS approach B (2) At least one manually controlled ILS approach with a simulated failure of one powerplant. The simulated failure should occur before initiating the final approach course and must continue to touchdown or through the missed approach procedure B (3) At least one nonprecision approach procedure that is representative of the nonprecision approach procedures that the certificate holder is likely to use B (4) Demonstration of at least one nonprecision approach procedure on a letdown aid other than the approach procedure performed under subparagraph (3) of this paragraph that the certificate holder is approved to use. If performed in a training device, the procedures must be observed by a check pilot or an approved instructor B Each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed. Instrument conditions need not be simulated below 100' above touchdown zone elevation (d) Circling approaches. If the certificate holder is approved for circling minimums below 1000-3, at least one circling approach must be made under the following conditions-- (1) The portion of the approach to the authorized minimum circling approach altitude must be made under simulated instrument conditions B (2) The approach must be made to the authorized minimum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90 deg. from the final approach course of the simulated instrument portion of the approach (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30 deg. If local conditions beyond the control of the pilot prohibit the maneuver or prevent it from being performed as required, it may be waived as provided in Sec. 121.441(d): Provided, however, That the maneuver may not be waived under this provision for two successive proficiency checks. The circling approach maneuver is not required for a second-in-command if the certificate holder's manual prohibits a second-in- command from performing a circling approach in operations under this part (e) Missed approach (1) Each pilot must perform at least one missed approach from an ILS approach (2) Each pilot in command must perform at least one additional missed approach A complete approved missed approach procedure must be accomplished at least once. At the discretion of the person conducting the check a simulated powerplant failure may be required during any of the missed approaches. These maneuvers may be performed either independently or in conjunction with maneuvers required under Sections III or V of this appendix. At least one missed approach must be performed in flight IV. Inflight Maneuvers: (a) Steep turns. At least one steep turn in each direction must be performed. Each steep turn must involve a bank angle of 45 deg. with a heading change of at least 180 deg. but not more than 360 deg. P (b) Approaches to stalls. For the purpose of this maneuver the required approach to a stall is reached when there is a perceptible buffet or other response to the initial stall entry. Except as provided below there must be at least three approaches to stalls as follows: B (1) One must be in the takeoff configuration (except where the airplane uses only a zero-flap takeoff configuration) (2) One in a clean configuration (3) One in a landing configuration At the discretion of the person conducting the check, one approach to a stall must be performed in one of the above configurations while in a turn with the bank angle between 15 deg. and 30 deg.. Two out of the three approaches required by this paragraph may be waived If the certificate holder is authorized to dispatch or flight release the airplane with a stall warning device inoperative the device may not be used during this maneuver (c) Specific flight characteristics. Recovery from specific flight characteristics that are peculiar to the airplane type (d) Powerplant failures. In addition to specific requirements for maneuvers with simulated powerplant failures, the person conducting the check may require a simulated powerplant failure at any time during the check V. Landings and Approaches to Landings: Notwithstanding the authorizations for combining and waiving maneuvers and for the use of a simulator, at least two actual landings (one to a full stop) must be made for all pilot-in-command and initial second-in- command proficiency checks. Landings, and approaches to landings must include the following, but more than one type may be combined where appropriate: Landings and approaches to landings must include the types listed below, but more than one type may be combined where appropriate: (a) Normal landing B (b) Landing in sequence from an ILS instrument approach except that if circumstances beyond the control of the pilot prevent an actual landing, the person conducting the check may accept an approach to a point where in his judgment a landing to a full stop could have been made B* (c) Crosswind landing, if practical under existing meteorological, airport, and traffic conditions B* (d) Maneuvering to a landing with simulated powerplant failure as follows: (1) In the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one outboard engine); or (2) In the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants, with the simulated loss of power on one side of the airplane Notwithstanding the requirements of subparagraphs (d) (1) and (2) of this paragraph, in a proficiency check for other than a pilot-in-command, the simulated loss of power may be only the most critical powerplant. However, if a pilot satisfies the requirements of subparagraphs (d) (1) or (2) of this paragraph in a visual simulator, he also must maneuver in flight to a landing with a simulated failure of the most critical powerplant. In addition, a pilot-in-command may omit the maneuver required by subparagraph (d)(1) or (d)(2) of this paragraph during a required proficiency check or simulator course of training if he satisfactorily performed that maneuver during the preceding proficiency check, or during the preceding approved simulator course of training under the observation of a check airman, whichever was completed later (e) Except as provided in paragraph (f) of this section, if the certificate holder is approved for circling minimums below 1000-3, a landing under simulated circling approach conditions. However, when performed in an airplane, if circumstances beyond the control of the pilot prevent a landing, the person conducting the check may accept an approach to a point where, in his judgment, a landing to a full stop could have been made NZ(f) A rejected landing, including a normal missed approach procedure, that is rejected approximately 50' over the runway and approximately over the runway threshold. This maneuver may be combined with instrument, circling, or missed approach procedures, but instrument conditions need not be simulated below 100 feet above the runway VI. Normal and Abnormal Procedures: Each applicant must demonstrate the proper use of as many of the systems and devices listed below as the person conducting the check finds are necessary to determine that the person being checked has a practical knowledge of the use of the systems and devices appropriate to the airplane type: (a) Anti-icing and de-icing systems (b) Auto-pilot systems (c) Automatic or other approach aid systems (d) Stall warning devices, stall avoidance devices, and stability augmentation devices (e) Airborne radar devices (f) Any other systems, devices, or aids available (g) Hydraulic and electrical system failures and malfunctions (h) Landing gear and flap systems failure or malfunction (i) Failure of navigation or communications equipment VII. Emergency Procedures: Each applicant must demonstrate the proper emergency procedures for as many of the emergency situations listed below as the person conducting the check finds are necessary to determine that the person being checked has an adequate knowledge of, and ability to perform, such procedure: (a) Fire in flight (b) Smoke control (c) Rapid decompression (d) Emergency descent (e) Any other emergency procedures outlined in the appropriate approved Airplane Flight Manual [ ...Table continues... ] Permitted Waiver provisions Visual Nonvisual Training of Sec. Maneuvers/Procedures simulator simulator device 121.441(d) The procedures and maneuvers set forth in this appendix must be performed in a manner that satisfactorily demonstrates knowledge and skill with respect to-- (1) The airplane, its systems and components; (2) Proper control of airspeed, configuration, direction, altitude, and attitude in accordance with procedures and limitations contained in the approved Airplane Flight Manual, the certificate holder's operations Manual, check lists, or other approved material appropriate to the airplane type; and (3) Compliance with approach, ATC, or other applicable procedures I. Preflight: (a) Equipment examination (oral or written). As part of the practical test the equipment examination must be closely coordinated with, and related to, the flight maneuvers portion but may not be given during the flight maneuvers portion. The equipment examination must cover-- B (1) Subjects requiring a practical knowledge of the airplane, its powerplants, systems, components, operational, and performance factors; (2) Normal, abnormal, and emergency procedures, and the operations and limitations relating thereto; and (3) The appropriate provisions of the approved Airplane Flight Manual The person conducting the check may accept, as equal to this equipment test, an equipment test given to the pilot in the certificate holder's ground school within the preceding 6 calendar months (b) Preflight inspection. The pilot must-- B B* (1) Conduct an actual visual inspection of the exterior and interior of the airplane, locating each item and explaining briefly the purpose for inspecting it; and (2) Demonstrate the use of the prestart check list, appropriate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight Except for flight checks required by Sec. 121.424(d)(2), an approved pictorial means that realistically portrays the location and detail of preflight inspection items and provides for the portrayal of abnormal conditions may be substituted for the preflight inspection. If a flight engineer is a required flight crewmember for the particular type airplane, the visual inspection may be waived under Sec. 121.441(d) (c) Taxiing. This maneuver includes taxiing (in the case of a second in command proficiency check to the extent practical from the second in command crew position), sailing, or docking procedures in compliance with instructions issued by the appropriate traffic control authority or by the person conducting the checks (d) Powerplant checks. As appropriate to the airplane type B II. Takeoff: (a) Normal. One normal takeoff which, for the purpose of this maneuver, begins when the airplane is taxied into position on the runway to be used (b) Instrument. One takeoff with instrument conditions simulated at or before reaching an altitude of 100' above the airport elevation B* (c) Crosswind. One crosswind takeoff, if practicable, under the existing meteorological, airport, and traffic conditions Requirements (a) and (c) may be combined, and requirements (a), (b), and (c) may be combined if (b) is performed inflight NZ(d) Powerplant failure. One takeoff with a simulated failure of the most critical powerplant-- B (1) At a point after V1 and before V2 that in the judgment of the person conducting the check is appropriate to the airplane type under the prevailing conditions; (2) At a point as close as possible after V1 when V1 and V2 or V1 and Vr are identical; or (3) At the appropriate speed for non-transport category airplanes In an airplane group with aft fuselage-mounted engines this maneuver may be performed in a non-visual simulator (e) Rejected. A rejected takeoff may be performed in an airplane during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane B* B III. Instrument procedures: (a) Area departure and area arrival. During each of these maneuvers the applicant must-- B B* (1) Adhere to actual or simulated ATC clearances (including assigned radials); and (2) Properly use available navigation facilities Either area arrival or area departure, but not both, may be waived under Sec. 121.441(d) (b) Holding. This maneuver includes entering, maintaining, and leaving holding patterns. It may be performed in connection with either area departure or area arrival B B (c) ILS and other instrument approaches. There must be the following: (1) At least one normal ILS approach B (2) At least one manually controlled ILS approach with a simulated failure of one powerplant. The simulated failure should occur before initiating the final approach course and must continue to touchdown or through the missed approach procedure (3) At least one nonprecision approach procedure that is representative of the nonprecision approach procedures that the certificate holder is likely to use B (4) Demonstration of at least one nonprecision approach procedure on a letdown aid other than the approach procedure performed under subparagraph (3) of this paragraph that the certificate holder is approved to use. If performed in a training device, the procedures must be observed by a check pilot or an approved instructor B Each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed. Instrument conditions need not be simulated below 100' above touchdown zone elevation (d) Circling approaches. If the certificate holder is approved for circling minimums below 1000-3, at least one circling approach must be made under the following conditions-- B* B* (1) The portion of the approach to the authorized minimum circling approach altitude must be made under simulated instrument conditions (2) The approach must be made to the authorized minimum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90 deg. from the final approach course of the simulated instrument portion of the approach (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30 deg. If local conditions beyond the control of the pilot prohibit the maneuver or prevent it from being performed as required, it may be waived as provided in Sec. 121.441(d): Provided, however, That the maneuver may not be waived under this provision for two successive proficiency checks. The circling approach maneuver is not required for a second-in-command if the certificate holder's manual prohibits a second-in- command from performing a circling approach in operations under this part (e) Missed approach (1) Each pilot must perform at least one missed approach from an ILS approach B* (2) Each pilot in command must perform at least one additional missed approach P* A complete approved missed approach procedure must be accomplished at least once. At the discretion of the person conducting the check a simulated powerplant failure may be required during any of the missed approaches. These maneuvers may be performed either independently or in conjunction with maneuvers required under Sections III or V of this appendix. At least one missed approach must be performed in flight IV. Inflight Maneuvers: (a) Steep turns. At least one steep turn in each direction must be performed. Each steep turn must involve a bank angle of 45 deg. with a heading change of at least 180 deg. but not more than 360 deg. P P (b) Approaches to stalls. For the purpose of this maneuver the required approach to a stall is reached when there is a perceptible buffet or other response to the initial stall entry. Except as provided below there must be at least three approaches to stalls as follows: B B* (1) One must be in the takeoff configuration (except where the airplane uses only a zero- flap takeoff configuration) (2) One in a clean configuration (3) One in a landing configuration At the discretion of the person conducting the check, one approach to a stall must be performed in one of the above configurations while in a turn with the bank angle between 15 deg. and 30 deg.. Two out of the three approaches required by this paragraph may be waived If the certificate holder is authorized to dispatch or flight release the airplane with a stall warning device inoperative the device may not be used during this maneuver (c) Specific flight characteristics. Recovery from specific flight characteristics that are peculiar to the airplane type B B (d) Powerplant failures. In addition to specific requirements for maneuvers with simulated powerplant failures, the person conducting the check may require a simulated powerplant failure at any time during the check B V. Landings and Approaches to Landings: Notwithstanding the authorizations for combining and waiving maneuvers and for the use of a simulator, at least two actual landings (one to a full stop) must be made for all pilot-in-command and initial second-in-command proficiency checks. Landings, and approaches to landings must include the following, but more than one type may be combined where appropriate: Landings and approaches to landings must include the types listed below, but more than one type may be combined where appropriate: (a) Normal landing (b) Landing in sequence from an ILS instrument approach except that if circumstances beyond the control of the pilot prevent an actual landing, the person conducting the check may accept an approach to a point where in his judgment a landing to a full stop could have been made (c) Crosswind landing, if practical under existing meteorological, airport, and traffic conditions (d) Maneuvering to a landing with simulated powerplant failure as follows: (1) In the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one outboard engine); or B* (2) In the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants, with the simulated loss of power on one side of the airplane B* Notwithstanding the requirements of subparagraphs (d) (1) and (2) of this paragraph, in a proficiency check for other than a pilot-in-command, the simulated loss of power may be only the most critical powerplant. However, if a pilot satisfies the requirements of subparagraphs (d) (1) or (2) of this paragraph in a visual simulator, he also must maneuver in flight to a landing with a simulated failure of the most critical powerplant. In addition, a pilot-in-command may omit the maneuver required by subparagraph (d)(1) or (d)(2) of this paragraph during a required proficiency check or simulator course of training if he satisfactorily performed that maneuver during the preceding proficiency check, or during the preceding approved simulator course of training under the observation of a check airman, whichever was completed later (e) Except as provided in paragraph (f) of this section, if the certificate holder is approved for circling minimums below 1000-3, a landing under simulated circling approach conditions. However, when performed in an airplane, if circumstances beyond the control of the pilot prevent a landing, the person conducting the check may accept an approach to a point where, in his judgment, a landing to a full stop could have been made B* NZ(f) A rejected landing, including a normal missed approach procedure, that is rejected approximately 50' over the runway and approximately over the runway threshold. This maneuver may be combined with instrument, circling, or missed approach procedures, but instrument conditions need not be simulated below 100 feet above the runway B VI. Normal and Abnormal Procedures: Each applicant must demonstrate the proper use of as many of the systems and devices listed below as the person conducting the check finds are necessary to determine that the person being checked has a practical knowledge of the use of the systems and devices appropriate to the airplane type: (a) Anti-icing and de-icing systems B (b) Auto-pilot systems B (c) Automatic or other approach aid systems B (d) Stall warning devices, stall avoidance devices, and stability augmentation devices B (e) Airborne radar devices B (f) Any other systems, devices, or aids available B (g) Hydraulic and electrical system failures and malfunctions B (h) Landing gear and flap systems failure or malfunction B (i) Failure of navigation or communications equipment B VII. Emergency Procedures: Each applicant must demonstrate the proper emergency procedures for as many of the emergency situations listed below as the person conducting the check finds are necessary to determine that the person being checked has an adequate knowledge of, and ability to perform, such procedure: (a) Fire in flight B (b) Smoke control B (c) Rapid decompression B (d) Emergency descent B (e) Any other emergency procedures outlined in the appropriate approved Airplane Flight Manual B [Amdt. 121-55, 35 FR 99, Jan. 3, 1970; as amended by Amdt. 121-80, 36 FR 19362, Oct. 5, 1971; Amdt. 121-91, 37 FR 10730, May 27, 1972; Amdt. 121-92, 37 FR 12717, June 28, 1972; Amdt. 121-108, 38 FR 35448, Dec. 28, 1973; Amdt. 121-136, 42 FR 43389, Aug. 29, 1977] 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 1. Application authority. (a) An applicant for authority to use a Doppler Radar or Inertial Navigation System must submit a request for evaluation of the system to the Flight Standards District Office or International Field Office charged with the overall inspection of its operations 30 days prior to the start of evaluation flights. (b) The application must contain: (1) A summary of experience with the system showing to the satisfaction of the Administrator a history of the accuracy and reliability of the system proposed to be used. (2) A training program curriculum for initial approval under Sec. 121.405. (3) A maintenance program for compliance with Subpart L of this part. (4) A description of equipment installation. (5) Proposed revisions to the Operations Manual outlining all normal and emergency procedures relative to use of the proposed system, including detailed methods for continuing the navigational function with partial or complete equipment failure, and methods for determining the most accurate system when an unusually large divergence between systems occurs. For the purpose of this appendix, a large divergence is a divergence that results in a track that falls beyond clearance limits. (6) Any proposed revisions to the minimum equipment list with adequate justification therefor. (7) A list of operations to be conducted using the system, containing an analysis of each with respect to length, magnetic compass reliability, availability of en route aids, and adequacy of gateway and terminal radio facilities to support the system. For the purpose of this appendix, a gateway is a specific navigational fix where use of long range navigation commences or terminates. 2. Equipment and equipment installation--Inertial Navigation Systems (INS) orDoppler Radar System. (a) Inertial Navigation and Doppler Radar Systems must be installed in accordance with applicable airworthiness requirements. (b) Cockpit arrangement must be visible and useable by either pilot seated at his duty station. (c) The equipment must provide, by visual, mechanical, or electrical output signals, indications of the invalidity of output data upon the occurrence of probable failures or malfunctions within the system. (d) A probable failure or malfunction within the system must not result in loss of the aircraft's required navigation capability. (e) The alignment, updating, and navigation computer functions of the system must not be invalidated by normal aircraft power interruptions and transients. (f) The system must not be the source of cause of objectionable radio frequency interference, and must not be adversely affected by radio frequency interference from other aircraft systems. (g) The FAA-approved airplane flight manual, or supplement thereto, must include pertinent material as required to define the normal and emergency operating procedures and applicable operating limitations associated with INS and Doppler performance (such as maximum latitude at which ground alignment capability is provided, or deviations between systems). 3. Equipment and equipment installation--Inertial Navigation Systems (INS). (a) If an applicant elects to use an Inertial Navigation System it must be at least a dual system (including navigational computers and reference units). At least two systems must be operational at takeoff. The dual system may consist of either two INS units, or one INS unit and one Doppler Radar unit. (b) Each Inertial Navigation System must incorporate the following: (1) Valid ground alignment capability at all latitudes appropriate for intended use of the installation. (2) A display of alignment status or a ready to navigate light showing completed alignment to the flight crew. (3) The present position of the airplane in suitable coordinates. (4) Information relative to destinations or waypoint positions: (i) The information needed to gain and maintain a desired track and to determine deviations from the desired track. (ii) The information needed to determine distance and time to go to the next waypoint or destination. (c) For INS installations that do not have memory or other inflight alignment means, a separate electrical power source (independent of the main propulsion system) must be provided which can supply, for at least 5 minutes, enough power (as shown by analysis or as demonstrated in the airplane) to maintain the INS in such condition that its full capability is restored upon the reactivation of the normal electrical supply. (d) The equipment must provide such visual, mechanical, or electrical output signals as may be required to permit the flight crew to detect probable failures or malfunctions in the system. 4. Equipment and equipment installation--Doppler Radar Systems. (a) If an applicant elects to use a Doppler Radar System it must be at least a dual system (including dual antennas or a combined antenna designed for multiple operation), except that: (1) A single operating transmitter with a standby capable of operation may be used in lieu of two operating transmitters. (2) Single heading source information to all installations may be utilized, provided a compass comparator system is installed and operational procedures call for frequent cross-checks of all compass heading indicators by crewmembers. The dual system may consist of either two Doppler Radar units or one Doppler Radar unit and one INS unit. (b) At least two systems must be operational at takeoff. (c) As determined by the Administrator and specified in the certificate holder's operations specifications, other navigational aids may be required to update the Doppler Radar for a particular operation. These may include Loran, Consol, DME, VOR, ADF, ground-based radar, and airborne weather radar. When these aids are required, the cockpit arrangement must be such that all controls are accessible to each pilot seated at his duty station. 5. Training programs. The initial training program for Doppler Radar and Inertial Navigation Systems must include the following: (a) Duties and responsibilities of flight crewmembers, dispatchers, and maintenance personnel. (b) For pilots, instruction in the following: (1) Theory and procedures, limitations, detection of malfunctions, preflight and inflight testing, and cross-checking methods. (2) The use of computers, an explanation of all systems, compass limitations at high latitudes, a review of navigation, flight planning, and applicable meteorolgy. (3) The methods for updating by means of reliable fixes. (4) The actual plotting of fixes. (c) Abnormal and emergency procedures. 6. Equipment accuracy and reliability. (a) Each Inertial Navigation System must meet the following accuracy requirements, as appropriate: (1) For flights up to 10 hours' duration, no greater than 2 nautical miles per hour of circular error on 95 percent of system flights completed is permitted. (2) For flights over 10 hours' duration, a tolerance of +/-20 miles cross- track and +/-25 miles along-track on 95 percent of system flights completed is permitted. (b) Compass heading information to the Doppler Radar must be maintained to an accuracy of +/-1 deg. and total system deviations must not exceed 2 deg.. When free gyro techniques are used, procedures shall be utilized to insure that an equivalent level of heading accuracy and total system deviation is attained. (c) Each Doppler Radar System must meet accuracy requirements of +/-20 miles cross-track and +/-25 miles along-track for 95 percent of the system flights completed. Updating is permitted. A system that does not meet the requirements of this section will be considered a failed system. 7. Evaluation program. (a) Approval by evaluation must be requested as a part of the application for operational approval of a Doppler Radar or Inertial Navigation System. (b) The applicant must provide sufficient flights which show to the satisfaction of the Administrator the applicant's ability to use cockpit navigation in his operation. (c) The Administrator bases his evaluation on the following: (1) Adequacy of operational procedures. (2) Operational accuracy and reliability of equipment and feasibility of the system with regard to proposed operations. (3) Availability of terminal, gateway, area, and en route ground-based aids, if required, to support the self-contained system. (4) Acceptability of cockpit workload. (5) Adequacy of flight crew qualifications. (6) Adequacy of maintenance training and availability of spare parts. After successful completion of evaluation demonstrations, FAA approval is indicated by issuance of amended operations specifications and en route flight procedures defining the new operation. Approval is limited to those operations for which the adequacy of the equipment and the feasibility of cockpit navigation has been satisfactorily demonstrated. [Doc. No. 10204, Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989] Appendix H to Part 121--Advanced Simulation Plan This appendix provides guidelines and a means for achieving flightcrew training in advanced airplane simulators. This plan for achieving the goal of advanced simulation consists of three major phases and an interim phase to facilitate the plan's implementation. The three-phase plan is to provide standards for a progressive upgrade of airplane simulators so that the total scope of flightcrew training can be enhanced. Each phase builds on the preceding phase so that the final advanced simulation phase includes all the requirements of preceding phases. This Appendix describes the simulator and visual system requirements which must be achieved to obtain approval of certain types of training in the simulator. The requirements in this Appendix are in addition to the simulator approval requirements in Sec. 121.407. Each simulator which is used under this Appendix must be approved as a Phase I, II, or III simulator, as appropriate. To obtain FAA approval of the simulator for a specific phase, the following must be demonstrated to the satisfaction of the Administrator: 1. Documented proof of compliance with the appropriate simulator, visual system, and additional training requirements of this Appendix for the phase for which approval is requested and preceding phases, if appropriate. 2. An evaluation of the simulator to ensure that its ground, flight, and landing performance matches the type of airplane simulated (Phase I Approval Tests). 3. An evaluation of the appropriate simulator and visual system requirements of the phase for which approval is requested and preceding phases, if appropriate. Changes to Simulator Programing While a need exists for some flexibility in making changes in the software program, strict scrutiny of these changes is essential to ensure that the simulator retains its ability to duplicate the airplane's flight and ground characteristics. Therefore, the following procedure must be followed to allow these changes without affecting the approval of an Appendix H simulator: 1. Twenty-one calendar days before making changes to the software program which might impact flight or ground dynamics of an Appendix H simulator, a complete list of these planned changes, including dynamics related to the motion and visual systems, must be provided in writing to the FAA office responsible for conducting the recurrent evaluation of that simulator. 2. If the FAA does not object to the planned change within 21 calendar days, the operator may make the change. 3. Changes which might affect the approved simulator Phase I test guide must be tested by the operator in the simulator to determine the impact of the change before submission to the FAA. 4. Software changes actually installed must be summarized and provided to the FAA. When the operator's test shows a difference in simulator performance due to a change, an amended copy of the test guide page which includes the new simulator test results will also be provided to update the FAA's copy of the test guide. 5. The FAA may examine supporting data or flight check the simulator, or both, to ensure that the aerodynamic quality of the simulator has not been degraded by any change in software programing. 6. All requests for changes are evaluated on the basis of the same criteria used in the initial approval of the simulator for Phase I, II, or III. Simulator Minimum Equipment List (MEL) Because of the strict tolerances and other approval requirements of Appendix H simulators, the simulator can provide realistic training with certain nonessential items inoperative. Therefore, an operator may operate its simulator under an MEL which has been approved by the Administrator for that simulator. The MEL includes simulator components and indicates the type of training or checking that is authorized if the component becomes inoperative. To accomplish this, the component is placed in one of the following categories along with any remarks applicable to the component's use in the training program: 1. No training or checking. 2. Training in specific maneuvers. 3. Certification and checking. 4. Line Oriented Flight Training (LOFT). Advanced Simulation Training Program For an operator to conduct Phase II, IIA, or III training under this appendix all required simulator instruction and checks must be conducted under an advanced simulation training program which is approved by the Administrator for the operator. This program must also ensure that all instructors and check airmen used in Appendix H training and checking are highly qualified to provide the training required in the training program. The advanced simulation training program shall include the following: 1. The operator's initial, transition, upgrade, and recurrent simulator training programs and its procedures for re-establishing recency of experience in the simulator. 2. How the training program will integrate Phase I, II, and III simulators with other simulators and training devices to maximize the total training, checking, and certification functions. 3. Documentation that each instructor and check airman has been employed by the certificate holder for at least 1 year in that capacity or as a pilot in command or second in command in an airplane of the group in which that pilot is instructing or checking. 4. A procedure to ensure that each instructor and check airman actively participates in either an approved regularly scheduled line flying program as a flight crewmember or an approved line observation program in the same airplane type for which that person is instructing or checking. 5. A procedure to ensure that each instructor and check airman is given a minimum of 4 hours of training each year to become familiar with the operator's advanced simulation training program, or changes to it, and to emphasize their respective roles in the program. Training for simulator instructors and check airmen shall include training policies and procedures, instruction methods and techniques, operation of simulator controls (including environmental and trouble panels), limitations of the simulator, and minimum equipment required for each course of training. 6. A special Line Oriented Flight Training (LOFT) program to facilitate the transition from the simulator to line flying. This LOFT program consists of at least a 4-hour course of training for each flightcrew. It also contains at least two representative flight segments of the operator's route. One of the flight segments contains strictly normal operating procedures from push back at one airport to arrival at another. Another flight segment contains training in appropriate abnormal and emergency flight operations. 7. For operators training under Phase IIA, the additional training requirements of that phase. Phase I Training and Checking Permitted 1. Regency of experience (Sec. 121.439). 2. Night takeoffs and landings (Part 121, Appendix E). 3. Landings in a proficiency check without the landing on the line requirements (Sec. 121.441). Simulator Requirements 1. Aerodynamic programing to include: a. Ground effect--for example, roundout, flare, and touchdown. This requires data on lift, drag, and pitching moment in ground effect. b. Ground reaction--Reaction of the airplane upon contact with the runway during landing to include strut deflections, tire friction, and side forces. c. Ground handling characteristics--steering inputs to include crosswind, braking, thrust reversing, deceleration, and turning radius. 2. Minimum of 3-axis freedom of motion systems. 3. Phase I landing maneuver test guide to verify simulator data with actual airplane flight test data, and provide simulator performance tests for Phase I initial approval. 4. Multichannel recorders capable of recording Phase I performance tests. Visual Requirements 1. Visual system compatibility with aerodynamic programing. 2. Visual system response time from pilot control input to visual system output shall not exceed 300 milliseconds more than the movement of the airplane to a similar input. Visual system response time is defined as the completion of the visual display scan of the first video field containing different information resulting from an abrupt control input. 3. A means of recording the visual response time for comparison with airplane data. 4. Visual cues to assess sink rate and depth perception during landings. 5. Visual scene to instrument correlation to preclude perceptible lags. Phase II Training and Checking Permitted 1. For all pilots, transition training between airplanes in the same group, and for a pilot in command the certification check required by Sec. 61.157 of this chapter. 2. Upgrade to pilot-in-command training and the certification check when-- a. The pilot-- (i) Has previously qualified as second in command in the equipment to which the pilot is upgrading; (ii) Has at least 500 hours of actual flight time while serving as second in command for the operator in an airplane in the same group; and (iii) Is currently serving as second in command with that operator in an airplane in this same group; or b. The pilot is employed by an airplane operator and-- (i) Is currently serving as second in command with that operator in an airplane of the same group; (ii) Has a minimum of 2,500 flight hours as second in command in airplanes of the same group with that operator; and (iii) Has served as second in command on at least two airplanes of the same group with that operator. Pilots qualifying under paragraph 2.b. of this paragraph may upgrade to another airplane in that group in which that pilot has not been previously qualified. Simulator Requirements 1. Representative crosswind and three-dimensional windshear dynamics based on airplane related data. 2. Representative stopping and directional control forces for at least the following runway conditions based on airplane related data: a. Dry. b. Wet. c. Icy. d. Patchy wet. e. Patchy icy. f. Wet on rubber residue in touchdown zone. 3. Representative brake and tire failure dynamics (including antiskid) and decreased brake efficiency due to high brake temperatures based on airplane related data. 4. A motion system which provides motion cues equal to or better than those provided by a six-axis freedom of motion system. 5. Operational principal navigation systems, including electronic flight instrument systems, INS, and OMEGA, if applicable. 6. Means for quickly and effectively testing simulator programing and hardware. 7. Expanded simulator computer capacity, accuracy, resolution, and dynamic response to meet Phase II demands. Resolution equivalent to that of at least a 32-bit word length computer is required for critical aerodynamic programs. 8. Timely permanent update of simulator hardware and programing subsequent to airplane modification. 9. Sound of precipitation and significant airplane noises perceptible to the pilot during normal operations and the sound of a crash when the simulator is landed in excess of landing gear limitations. 10. Aircraft control feel dynamics shall duplicate the airplane simulated. This shall be determined by comparing a recording of the control feel dynamics of the simulator to airplane measurements in the takeoff, cruise, and landing configuration. 11. Relative responses of the motion system, visual system, and cockpit instruments shall be coupled closely to provide integrated sensory cues. These systems shall respond to abrupt pitch, roll, and yaw inputs at the pilot's position within 150 milliseconds of the time, but not before the time, when the airplane would respond under the same conditions. Visual scene changes from steady state disturbance shall not occur before the resultant motion onset but within the system dynamic response tolerance of 150 milliseconds. The test to determine compliance with these requirements shall include simultaneously recording the analog output from the pilot's control column and rudders, the output from an accelerometer attached to the motion system platform located at an acceptable location near the pilots' seats, the output signal to the visual system display (including visual system analog delays), and the output signal to the pilot's attitude indicator or an equivalent test approved by the Administrator. The test results in a comparison of a recording of the simulator's response to actual airplane response data in the takeoff, cruise, and landing configuration. Visual Requirements 1. Dusk and night visual scenes with at least three specific airport representations, including a capability of at least 10 levels of occulting, general terrain characteristics, and significant landmarks. 2. Radio navigation aids properly oriented to the airport runway layout. 3. Test procedures to quickly confirm visual system color, RVR, focus, intensity, level horizon, and attitude as compared to the simulator attitude indicator. 4. For the approach and landing phase of flight, at and below an altitude of 2,000 feet height above the airport (HAA) and within a radius of 10 miles from the airport, weather representations including the following: a. Variable cloud density. b. Partial obscuration of ground scenes; that is, the effect of a scattered to broken cloud deck. c. Gradual break out. d. Patchy fog. e. The effect of fog on airport lighting. f. Category II and III weather conditions. 5. Continuous minimum visual field of view of 75 deg. horizontal and 30 deg. vertical per pilot seat. Visual gaps shall occur only as they would in the airplane simulated or as required by visual system hardware. Both pilot seat visual systems shall be able to be operated simultaneously. 6. Capability to present ground and air hazards such as another airplane crossing the active runway or converging airborne traffic. Phase IIA Interim Simulator Upgrade Plan for Part 121 Operators Under Phase IIA, any Part 121 operator may conduct Phase II training for 3 1/2 years from the date it was approved for Phase I in a simulator approved for the landing maneuver under Phase I. The operator must meet the additional requirements set forth below and submit a plan acceptable to the Administrator to upgrade its simulator(s) to meet Phase II standards. For a carrier's upgrade plan to be acceptable, it must-- 1. Be submitted to the FAA before July 30, 1981; 2. Show which simulators will be upgraded to Phase I requirements and their projected upgrade dates; 3. Show that these simulators will meet Phase I requirements before January 30, 1983; 4. Show that at least 50 percent of the operator's simulators for those airplane types for which Phase IIA training is expected will be upgraded to, or be replaced with, simulators which meet Phase II or III requirements and-- a. Show which simulators will be upgraded to, or replaced with, simulators which meet Phase II or III requirements; and b. Show that each of these simulators will meet Phase II or III requirements within 3 1/2 years after the date it is approved for Phase I; and 5. Include an advanced simulation training program which meets the requirements of this appendix. To conduct Phase IIA training in a Phase I simulator, all required simulator instruction and checks must be conducted in a simulator as part of an advanced simulator training program approved for the operator, including the additional training requirements of this phase. Phase IIA interim approval ends for each Phase I simulator listed in the operator's approved plan 3 1/2 years after that simulator is approved for Phase IIA training. Approval of the plan is withdrawn if any simulator is not upgraded according to the operator's approved simulator upgrade plan. This results in the loss of all Phase IIA training for that operator. Extension of Phase IIA training will not be considered. Training and checking permitted: Same as Phase II. Simulator requirements: Same as Phase I. Visual requirements: Same as Phase I. Additional training requirements: 1. In addition to the simulator training and the simulator certification and proficiency check, and before the line operating experience training, participating flight crewmembers must complete a 4-hour Line Oriented Flight Training Course in the simulator to prepare them to perform line duties. 2. Each participating pilot in command must be given operating experience in the airplane to include 5 landings and 25 flight hours, and each second in command must be given 3 landings and 15 flight hours of line experience at his or her crew station under the supervision of a check airman who meets the qualifications of paragraph 3 and who is seated in the other pilot's position. 3. Each participating line check airman must be given an approved 4-hour training course to familiarize him or her with the Phase IIA program and to emphasize his or her role in the program. He or she shall also be qualified to provide both line and proficiency checks or be a line check airman who has successfully completed an approved simulator check airman course. Phase III Training and Checking Permitted Except for the requirements listed in the next sentence, all pilot flight training and checking required by this part and the certification check requirements of Sec. 61.157 and Appendix A of Part 61 of this chapter. The line check required by Sec. 121.440, the static airplane requirements of Appedix E of this part, and the operating experience requirements of Sec. 121.434 must still be performed in the airplane. Simulator Requirements 1. Characteristic buffet motions that result from operation of the airplane (for example, high-speed buffet, extended landing gear, flaps, nose-wheel scuffing, stall) which can be sensed at the flight deck. The simulator must be programed and instrumented in such a manner that the characteristic buffet modes can be measured and compared to airplane data. Airplane data are also required to define flight deck motions when the airplane is subjected to atmospheric disturbances such as rough air and cobblestone turbulence. General purpose disturbance models that approximate demonstrable flight test data are acceptable. 2. Aerodynamic modeling for aircraft for which an original type certificate is issued after June 1, 1980, including low-altitude, level-flight ground effect, mach effect at high altitude, effects of airframe icing, normal and reverse dynamic thrust effect on control surfaces, aero-elastic representations, and representations of nonlinearities due to side slip based on airplane flight test data provided by the manufacturer. 3. Realistic amplitude and frequency of cockpit noises and sounds, including precipitation static and engine and airframe sounds. The sounds shall be coordinated with the weather representations required in visual requirement No. 3. 4. Self-testing for simulator hardware and programing to determine compliance with Phase I, II, and III simulator requirements. 5. Diagnostic analysis printout of simulator malfunctions sufficient to determine MEL compliance. These printouts shall be retained by the operator between recurring FAA simulator evaluations as part of the daily discrepancy log required under Sec. 121.407(a)(5). Visual Requirements 1. Daylight, dusk, and night visual scenes with sufficient scene content to recognize a specific airport, the terrain, and major landmarks around that airport and to successfully accomplish a visual landing. The daylight visual scene must be part of a total daylight cockpit environment which at least represents the amount of light in the cockpit on an overcast day. For the purpose of this rule, daylight visual system is defined as a visual system capable of producing, as a minimum, full color presentations, scene content comparable in detail to that produced by 4,000 edges or 1,000 surfaces for daylight and 4,000 light points for night and dusk scenes, 6-foot lamberts of light at the pilot's eye (highlight brightness), 3-arc minutes resolution for the field of view at the pilot's eye, and a display which is free of apparent quantization and other distracting visual effects while the simulator is in motion. The simulation of cockpit ambient lighting shall be dynamically consistent with the visual scene displayed. For daylight scenes, such ambient lighting shall neither "washout" the displayed visual scene nor fall below 5- foot lamberts of light as reflected from an approach plate at knee height at the pilot's station and/or 2-foot lamberts of light as reflected from the pilot's face. 2. Visual scenes portraying representative physical relationships which are known to cause landing illusions in some pilots, including short runway, landing over water, runway gradient, visual topographic features, and rising terrain. 3. Special weather representations which include the sound, visual, and motion effects of entering light, medium, and heavy precipitation near a thunderstorm on takeoff, approach, and landings at and below an altitude of 2,000 feet HAA and within a radius of 10 miles from the airport. 4. Phase II visual requirements in daylight as well as dusk and night representations. 5. Wet and, if appropriate for the operator, snow-covered runway representations, including runway lighting effects. 6. Realistic color and directionality of airport lighting. 7. Weather radar presentations in aircraft where radar information is presented on the pilot's navigation instruments. (Secs. 313, 601, 603, 604, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, 1423, 1424); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c))) [Amdt. 121-161, 45 FR 44183, June 30, 1980; 45 FR 48599, July 31, 1980] Appendix I to Part 121--Drug Testing Program This appendix contains the standards and components that must be included in an anti-drug program required by this chapter. I. DOT Procedures. Each employer shall ensure that drug testing programs conducted pursuant to this regulation comply with the requirements of this appendix and the "Procedures for Transportation Workplace Drug Testing Programs" published by the Department of Transportation (DOT) (49 CFR Part 40). An employer may not use or contract with any drug testing laboratory that is not certified by the Department of Health and Human Services (DHHS) pursuant to the DHHS "Mandatory Guidelines for Federal Workplace Drug Testing Programs" (53 FR 11970; April 11, 1988). II. Definitions. For the purpose of this appendix, the following definitions apply: Accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage (49 CFR 830.2). Annualized rate for the purposes of unannounced testing of employees based on random selection means the percentage of specimen collection and testing of employees performing a function listed in section III of this appendix during a calendar year. The employer shall determine the annualized percentage rate by referring to the total number of employees performing a sensitive safety- or security-related function for the employer at the beginning of a calendar year or by an alternative method specified in the employer's drug testing plan approved by the FAA. Employee is a person who performs, either directly or by contract, a function listed in section III of this appendix for a part 121 certificate holder, a part 135 certificate holder, an operator as defined in Sec. 135.1(c) of this chapter, or an air traffic control facility not operated by, or under contract with, the FAA or the U.S. military. Provided, however, that an employee who works for an employer who holds a part 135 certificate and who holds a part 121 certificate is considered to be an employee of the part 121 certificate holder for the purposes of this appendix. Employer is a part 121 certificate holder, a part 135 certificate holder, an operator as defined in Sec. 135.1(c) of this chapter, or an air traffic control facility not operated by, or under contract with, the FAA or the U.S. military. Provided, however, that an employer may use a person to perform a function listed in section III of this appendix, who is not included under that employer's drug program, if that person is subject to the requirements of another employer's FAA-approved anti-drug program. Failing a drug test means that the test result shows positive evidence of the presence of a prohibited drug or drug metabolite in an employee's system. Passing a drug test means that the test result does not show positive evidence of the presence of a prohibited drug or drug metabolite in an employee's system. Positive evidence means the presence of a drug or drug metabolite in a urine sample at or above the test levels listed in the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR Part 40). Prohibited drug means marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines, or a substance specified in Schedule I or Schedule II of the Controlled Substances Act, 21 U.S.C. 811, 812 (1981 & 1987 Cum.P.P.), unless the drug is being used as authorized by a legal prescription or other exemption under Federal, state, or local law. Refusal to submit means refusal by an individual to provide a urine sample after he or she has received notice of the requirement to be tested in accordance with this appendix. III. Employees Who Must Be Tested. Each person who performs a function listed in this section must be tested pursuant to an FAA-approved anti-drug program conducted in accordance with this appendix: a. Flight crewmember duties. b. Flight attendant duties. c. Flight instruction or ground instruction duties. d. Flight testing duties. e. Aircraft dispatcher duties. f. Aircraft maintenance or preventive maintenance duties. g. Aviation security or screening duties. h. Air traffic control duties. IV. Substances For Which Testing Must Be Conducted. Each employer shall test each employee who performs a function listed in section III of this appendix for evidence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines during each test required by section V of this appendix. As part of reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the FAA under 49 CFR Part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshhold. V. Types of Drug Testing Required. Each employer shall conduct the following types of testing in accordance with the procedures set forth in this appendix and the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR Part 40): A. Preemployment testing. No employer may hire any person to perform a function listed in section III of this appendix unless the applicant passes a drug test for that employer. The employer shall advise an applicant at the time of application that preemployment testing will be conducted to determine the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of those drugs in the applicant's system. B. Periodic testing. Each employee who performs a function listed in section III of this appendix for an employer and who is required to undergo a medical examination under part 67 of this chapter shall submit to a periodic drug test. The employee shall be tested for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of those drugs during the first calendar year of implementation of the employer's anti-drug program. The test shall be conducted in conjunction with the first medical evaluation of the employee or in accordance with an alternative method for collecting periodic test specimens detailed in an employer's approved anti-drug program. An employer may discontinue periodic testing of its employees after the first calendar year of implementation of the employer's anti-drug program when the employer has implemented an unannounced testing program based on random selection of employees. C. Random testing. Each employer shall randomly select employees who perform a function listed in section III of this appendix for the employer for unannounced drug testing. The employer shall randomly select employees for unannounced testing for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of those drugs in an employee's system using a random number table or a computer-based, number generator that is matched with an employee's social security number, payroll identification number, or any other alternative method approved by the FAA. (1) During the first 12 months following implementation of unannounced testing based on random selection pursuant to this appendix, an employer shall meet the following conditions: (a) The unannounced testing based on random selection of employees shall be spread reasonably throughout the 12-month period. (b) The last collection of specimens for random testing during the year shall be conducted at an annualized rate equal to not less than 50 percent of employees performing a function listed in section III of this appendix. (c) The total number of unannounced tests based on random selection during the 12-months shall be equal to not less than 25 percent of the employees performing a function listed in section III of this appendix. (2) Following the first 12 months, an employer shall achieve and maintain an annualized rate equal to not less than 50 percent of employees performing a function listed in section III of this appendix. D. Postaccident testing. Each employer shall test each employee who performs a function listed in section III of this appendix for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of those drugs in the employee's system if that employee's performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. The employee shall be tested as soon as possible but not later than 32 hours after the accident. The decision not to administer a test under this section must be based on a determination, using the best information available at the time of the accident, that the employee's performance could not have contributed to the accident. The employee shall submit to postaccident testing under this section. E. Testing based on reasonable cause. Each employer shall test each employee who performs a function listed in section III of this appendix and who is reasonably suspected of using a prohibited drug. Each employer shall test an employee's specimen for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of those drugs. An employer may test an employee's specimen for the presence of other prohibited drugs or drug metabolites only in accordance with this appendix and the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR Part 40). At least two of the employee's supervisors, one of whom is trained in detection of the possible symptoms of drug use, shall substantiate and concur in the decision to test an employee who is reasonably suspected of drug use. In the case of an employer holding a Part 135 certificate who employs 50 or fewer employees who perform a function listed in section III of this appendix or an operator as defined in Sec. 135.1(c) of this chapter, one supervisor, who is trained in detection of possible symptoms of drug use, shall substantiate the decision to test an employee who is reasonably suspected of drug use. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. F. Testing after return to duty. Each employer shall implement a reasonable program of unannounced testing of each individual who has been hired and each employee who has returned to duty to perform a function listed in section III of this appendix after failing a drug test conducted in accordance with this appendix or after refusing to submit to a drug test required by this appendix. The individual or employee shall be subject to unannounced testing for not more than 60 months after the individual has been hired or the employee has returned to duty to perform a function listed in section III of this appendix. VI. Administrative Matters.--A. Collection, testing, and rehabilitation records. Each employer shall maintain all records related to the collection process, including all logbooks and certification statements, for two years. Each employer shall maintain records of employee confirmed positive drug test results and employee rehabilitation for five years. The employer shall maintain records of negative test results for 12 months. The employer shall permit the Administrator or the Administrator's representative to examine these records. B. Laboratory inspections. The employer shall contract only with a laboratory that permits pre-award inspections by the employer before the laboratory is awarded a testing contract and unannounced inspections, including examination of any and all records at any time by the employer, the Administrator, or the Administrator's representative. C. Employee request to retest a specimen. Not later than 60 days after receipt of a confirmed positive test result, an employee may submit a written request to the MRO for retesting of the specimen producing the positive test result. Each employee may make one written request that a sample of the specimen be provided to the original or another DHHS-certified laboratory for testing. The laboratories shall follow chain-of-custody procedures. The employee shall pay the costs of the additional test and all handling and shipping costs associated with the transfer of the specimen to the laboratory. D. Release of Drug Testing Information. An employer may release information regarding an employee's drug testing results or rehabilitation to a third party only with the specific, written consent of the employee authorizing release of the information to an identified person. Information regarding an employee's drug testing results or rehabilitation may be released to the National Transportation Safety Board as part of an accident investigation, to the FAA upon request, or as required by section VII.C.5 of this appendix. VII. Review of Drug Testing Results. The employer shall designate or appoint a medical review officer (MRO). If the employer does not have a qualified individual on staff to serve as MRO, the employer may contract for the provision of MRO services as part of its drug testing program. A. MRO qualifications. The MRO must be a licensed physician with knowledge of drug abuse disorders. B. MRO duties. The MRO shall perform the following functions for the employer: 1. Review the results of the employer's drug testing program before the results are reported to the employer and summarized for the FAA. 2. Within a reasonable time, notify an employee of a confirmed positive test result. 3. Review and interpret each confirmed positive test result in order to determine if there is an alternative medical explanation for the confirmed positive test result. The MRO shall perform the following functions as part of the review of a confirmed positive test result: a. Provide an opportunity for the employee to discuss a positive test result with the MRO. b. Review the employee's medical history and any relevant biomedical factors. c. Review all medical records made available by the employee to determine if a confirmed positive test resulted from legally prescribed medication. d. Verify that the laboratory report and assessment are correct. The MRO shall be authorized to request that the original specimen be reanalyzed to determine the accuracy of the reported test result. 4. Process employee requests to retest a specimen in accordance with section VI.C of this appendix. 5. Determine whether and when, consistent with an employer's anti-drug program, a return-to-duty recommendation for a current employee or a decision to hire an individual to perform a function listed in section III of this appendix after failing a test conducted in accordance with this appendix or after refusing to submit to a test required by this appendix, including review of any rehabilitation program in which the individual or employee participated, may be made. 6. Ensure that an individual or employee has been tested in accordance with the procedures of this appendix and the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR Part 40) before the individual is hired or the employee returns to duty. 7. Determine a schedule of unannounced testing for an individual who has been hired or an employee who has returned to duty to perform a function listed in section III of this appendix after the individual or employee has failed a drug test conducted in accordance with this appendix or has refused to submit to a drug test required by this appendix. C. MRO determinations. 1. If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result that is consistent with legal drug use, the MRO shall conclude that the test result is negative and shall report the test as a negative test result. 2. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result that is consistent with legal drug use, the MRO shall refer the employee to an employer's rehabilitation program if available or to a personnel or administrative officer for further proceedings in accordance with the employer's anti-drug program. 3. Based on a review of laboratory inspection reports, quality assurance and quality control data, and other drug test results, the MRO may conclude that a particular drug test result is scientifically insufficient for futher action. Under these circumstances, the MRO shall conclude that the test is negative for the presence of drugs or drug metabolites in an employee's system. 4. In order to make a recommendation to hire an individual to perform a function listed in section III of this appendix or to return an employee to duty to perform a function listed in section III of this appendix after the individual or employee has failed a drug test conducted in accordance with this appendix or refused to submit to a drug test required by this appendix, the MRO shall-- a. Ensure that the individual or employee is drug free based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the person's system; b. Ensure that the individual or employee has been evaluated by a rehabilitation program counselor for drug use or abuse; and c. Ensure that the individual or employee demonstrates compliance with any conditions or requirements of a rehabilitation program in which the person participated. 5. Notwithstanding any other section in this appendix, the MRO shall make the following determinations in the case of an employee or applicant who holds, or is required to hold, a medical certificate issued pursuant to Part 67 of this chapter in order to perform a function listed in section III of this appendix for an employer: a. The MRO shall make a determination of probable drug dependence or nondependence as specified in Part 67 of this chapter. If the MRO makes a determination of nondependence, the MRO has authority to recommend that the employee return to duty in a position that requires the employee to hold a certificate issued under Part 67 of this chapter. The MRO shall forward the determination of nondependence, the return-to-duty decision, and any supporting documentation to the Federal Air Surgeon for review. b. If the MRO makes a determination of probable drug dependence at any time, the MRO shall report the name of the individual and identifying information, the determination of probable drug dependence, and any supporting documentation to the Federal Air Surgeon. The MRO does not have the authority to recommend that the employee return to duty in a position that requires the employee to hold a certificate issued under Part 67 of this chapter. The Federal Air Surgeon shall determine if the individual may retain or may be issued a medical certificate consistent with the requirements of Part 67 of this chapter. c. The MRO shall report to the Federal Air Surgeon the name of any employee who is required to hold a medical certificate issued pursuant to Part 67 of this chapter and who fails a drug test. The MRO shall report to the Federal Air Surgeon the name of any person who applies for a position that requires the person to hold a medical certificate issued pursuant to Part 67 of this chapter and who fails a preemployment drug test. d. The MRO shall forward the information specified in paragraphs (a), (b), and (c) of this section to the Federal Air Surgeon, Federal Aviation Administration, Drug Abatement Branch (AAM-220), 800 Independence Avenue, SW., Washington, DC 20591. VIII. Employee Assistance Program (EAP). The employer shall provide an EAP for employees. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to an employee. Each EAP must include education and training on drug use for employees and training for supervisors making determinations for testing of employees based on reasonable cause. A. EAP education program. Each EAP education program must include at least the following elements: display and distribution of informational material; display and distribution of a community service hot-line telephone number for employee assistance; and display and distribution of the employer's policy regarding drug use in the workplace. B. EAP training program. Each employer shall implement a reasonable program of initial training for employees. The employee training program must include at least the following elements: The effects and consequences of drug use on personal health, safety, and work environment; the manifestations and behavioral cues that may indicate drug use and abuse; and documentation of training given to employees and employer's supervisory personnel. The employer's supervisory personnel who will determine when an employee is subject to testing based on reasonable cause shall receive specific training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use in addition to the training specified above. The employer shall ensure that supervisors who will make reasonable cause determinations receive at least 60 minutes of initial training. The employer shall implement a reasonable recurrent training program for supervisory personnel making reasonable cause determinations during subsequent years. The employer shall identify the employee and supervisor EAP training in the employer's drug testing plan submitted to the FAA for approval. IX. Employer's Drug Testing Plan.-- A. Schedule for submission of plans and implementation. (1) Each employer shall submit a drug testing plan to the Federal Aviation Administration, Office of Aviation Medicine, Drug Abatement Branch (AAM-220), 800 Independence Avenue, SW., Washington, DC 20591. (2) Each employer who holds a Part 121 certificate and each employer who holds a Part 135 certificate and employs more than 50 employees who perform a function listed in section III of this appendix shall submit an anti-drug program to the FAA (specifying the procedures for all testing required by this appendix) not later than 240 days after December 21, 1988. Each employer shall implement the employer's anti-drug program for its direct employees not later than 60 days after approval of the anti-drug program by the FAA. Each employer shall implement the employer's approved anti-drug program for its contractor employees not later than 360 days after initial implementation of the employer's approved anti-drug program for its direct employees. However, notwithstanding the preceding sentence, an employer may continue to use contractor employees who are not subject to drug testing under an FAA- approved anti-drug program to perform a function listed in section III of this appendix for 90 days after the compliance date specified in this paragraph for implementation of the employer's anti-drug program for its contractor employees, provided that each such contractor employee or contractor employee's company has submitted, in accordance with the provisions of either paragraph A(6) or A(7) of this section IX, an anti-drug plan to the FAA for approval not later than such compliance date. (3) Each employer who holds a Part 135 certificate and employs from 11 to 50 employees who perform a function listed in section III of this appendix shall submit an interim anti-drug program to the FAA (specifying the procedures for preemployment testing, periodic testing, postaccident testing, testing based on reasonable cause, and testing after return to duty) not later than 300 days after December 21, 1988. Each employer shall implement the employer's interim anti-drug program for its direct employees not later than 60 days after approval of the anti-drug program by the FAA. Each employer shall submit an amendment to its interim anti-drug program to the FAA (specifying the procedures for unannounced testing based on random selection) not later than 120 days after approval of the employer's interim anti-drug program by the FAA. Each employer shall implement the random testing provision of the employer's amended anti-drug program for its direct employees not later than 60 days after approval of the amended program by the FAA. Each employer shall implement the employer's approved anti-drug program for its contractor employees, including unannounced testing based on random selection, not later than 360 days after initial implementation of the employer's interim anti-drug program for its direct employees. However, notwithstanding the preceding sentence, an employer may continue to use contractor employees who are not subject to drug testing under an FAA- approved anti-drug program to perform a function listed in section III of this appendix for 90 days after the compliance date specified in this paragraph for implementation of the employer's anti-drug program for its contractor employees, provided that each such contractor employee or contractor employee's company has submitted, in accordance with the provisions of either paragraph A(6) or A(7) of this section IX, an anti-drug plan to the FAA for approval not later than such compliance date. (4)a. Each employer who holds a part 135 certificate and employs 10 or fewer employees who perform a function listed in section III of this appendix and each air traffic control facility not operated by, or under contract with, the FAA or the U.S. military, shall submit an anti-drug program to the FAA (specifying the procedures for all testing required by this appendix) not later than 480 days after December 21, 1988. Each employer shall implement its anti-drug program for its direct employees not later than 60 days after approval of the anti-drug program by the FAA. Each employer shall implement its approved anti-drug program for its contractor employees not later than 360 days after initial implementation of the employer's approved anti-drug program for its direct employees. However, notwithstanding the preceding sentence, an employer may continue to use contractor employees who are not subject to drug testing under an FAA- approved anti-drug program to perform a function listed in section III of this appendix for 90 days after the compliance date specified in this paragraph for implementation of the employer's anti-drug program for its contractor employees, provided that each such contractor employee or contractor employee's company has submitted, in accordance with the provisions of either paragraph A(6) or A(7) of this section IX, an anti-drug plan to the FAA for approval not later than such compliance date. b. Each operator as defined in Sec. 135.1(c) of this chapter shall submit an anti-drug program to the FAA (specifying the procedures for all testing required by this appendix) not later than October 7, 1991. Each operator shall implement its anti-drug program for its direct employees not later than 60 days after approval of the anti-drug program by the FAA. Each operator shall implement its approved anti-drug program for its contractor employees not later than 360 days after initial implementation of the operator's approved anti-drug program for its direct employees. (5) Each employer or operator, who becomes subject to the rule as a result of the FAA's issuance of a part 121 or part 135 certificate or as the result of beginning operations listed in Sec. 135.1(c) shall submit an anti-drug plan to the FAA for approval, within the timeframes of paragraph (2), (3), or (4) of this section, according to the type and size of the category of operations. For the purposes of applicability of the timeframes, the date that an employer or operator becomes subject to the requirements of this bppendix is substituted for "December 21, 1988." (6) In accordance with this appendix, an entity or individual that holds a repair station certificate issued by the FAA pursuant to Part 145 of this chapter and employs individuals who perform a function listed in section III of this appendix pursuant to a primary or direct contract with an employer or an operator may submit an anti-drug program (specifying the procedures for complying with this appendix) to the FAA for approval. Each certificated repair station shall implement its approved anti-drug program in accordance with its terms. (7) An entity or individual whose employees perform a function listed in section III of this appendix pursuant to a contract with an employer or an operator or a consortium of contractors or employers subject to the requirements of this appendix may submit an anti-drug program (specifying the procedures for complying with this appendix) to the FAA for approval on a form and in a manner prescribed by the Administrator. Each contractor or consortium shall implement its approved anti-drug program in accordance with its terms. B. An employer's anti-drug plan must specify the methods by which the employer will comply with the testing requirements of this appendix. The plan must provide the name and address of the laboratory which has been selected by the employer for analysis of the specimens collected during the employer's anti-drug testing program. C. An employer's anti-drug plan must specify the procedures and personnel the employer will use to ensure that a determination is made as to the veracity of test results and possible legitimate explanations for an employee failing a test. D. The employer shall consider its anti-drug program to be approved by the Administrator, unless notified to the contrary by the FAA, within 60 days after submission of the plan to the FAA. X. Reporting of antidrug program results. A. Annual reports of antidrug program results shall be submitted to the FAA in the form and manner prescribed by the Administrator by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the provisions below. 1. Each part 121 certificate holder shall submit an annual report each year. 2. Each entity conducting an antidrug program under an FAA-approved antidrug plan, other than a part 121 certificate holder, that has 50 or more employees performing a function specified in this appendix on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year. 3. The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA. B. Each report shall be submitted in the form and manner prescribed by the Administrator. No other form, including another DOT Operating Administration's form, is acceptable for submission to the FAA. C. Each report shall be signed by the employer's antidrug program manager or other designated representative. D. Each report with verified positive test results shall include all of the following informational elements: 1. Number of covered employees by employee category. 2. Number of covered employees affected by the antidrug rule of another operating administration identified and reported by number and employee category. 3. Number of specimens collected by type of test and employee category. 4. Number of positive test results verified by a Medical Review Officer (MRO) by type of test, type of drug, and employee category. 5. Number of negative tests reported by an MRO by type of test and employee category. 6. Number of persons denied a position as a covered employee based on a verified positive preemployment drug test reported by an MRO. 7. Action taken following a verified positive test result(s), by type of action. 8. Number of employees returned to duty during the reporting period after having failed or refused to submit to a drug test required under the FAA rule. 9. Number of employees by employee category with tests verified positive for multiple drugs by an MRO. 10. Number of employees who refused to submit to a drug test and the action taken in response to the refusal(s). 11. Number of covered employees who have received required initial training. 12. Number of supervisory personnel who have received required initial training. 13. Number of supervisors who have received required recurrent training. E. Each report with only negative test results shall include all of the following informational elements. (This report may only be submitted by employers with no verified positive test results during the reporting year.) 1. Number of covered employees by employee category. 2. Number of covered employees affected by the antidrug rule of another operating administration identified and reported by number and employee category. 3. Number of specimens collected by type of test and employee category. 4. Number of negative tests reported by an MRO by type of test and employee category. 5. Number of employees who refused to submit to a drug test and the action taken in response to the refusal(s). 6. Number of employees returned to duty during the reporting period after having failed or refused to submit to a drug test required under the FAA rule. 7. Number of covered employees who have received required initial training. 8. Number of supervisory personnel who have received required initial training. 9. Number of supervisors who have received required recurrent training. F. An FAA-approved consortium may prepare reports on behalf of individual aviation employers for purposes of compliance with this reporting requirement. However, the aviation employer shall sign and submit such a report and shall remain responsible for ensuring the accuracy and timeliness of each report prepared on its behalf by a consortium. XI. Preemption. A. The issuance of these regulations by the FAA preempts any State or local law, rule, regulation, order, or standard covering the subject matter of this rule, including but not limited to, drug testing of aviation personnel performing sensitive safety- or security-related functions. B. The issuance of these regulations does not preempt provisions of State criminal law that impose sanctions for reckless conduct of an individual that leads to actual loss of life, injury, or damage to property whether such provisions apply specifically to aviation employees or generally to the public. XII. Conflict with foreign laws or international law. A. This appendix shall not apply to any person for whom compliance with this appendix would violate the domestic laws or policies of another country. B. This appendix is effective with respect to any employee located outside the territory of the United States on January 2, 1995. [Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988; 54 FR 1289, Jan. 12, 1989, as amended by Amdt. 121-203, 54 FR 15153, Apr. 14, 1989; 54 FR 53283, Dec. 27, 1989; Amdt. No. 121-211, 55 FR 3701, Feb. 2, 1990; Amdt. 121- 215, 55 FR 10758, Mar. 22, 1990; Amdt. 121-221, 55 FR 51672, Dec. 14, 1990; 55 FR 53101, Dec. 26, 1990; Amdt. 121-224, 56 FR 13747, Apr. 3, 1991; Amdt. 121-223, 56 FR 18979, Apr. 24, 1991; Amdt. 121-225, 56 FR 43976, Sept. 5, 1991; Amdt. 121-229, 57 FR 31277, July 14, 1992; Amdt. 121-235, 58 FR 68201, Dec. 23, 1993; 59 FR 3990, Jan. 28, 1994] ***************************************************************************** 58 FR 68198, No. 245, Dec. 23, 1993 SUMMARY: On November 21, 1988, the Federal Aviation Administration (FAA) issued a final rule requiring specified aviation employers to implement antidrug programs for personnel performing safety-sensitive functions. This final rule modifies that rule by changing the existing employer reporting requirements to conform to a Department of Transportation (DOT) Management Information System (MIS), to provide the FAA with additional data for use in monitoring the antidrug program, and to minimize the reports that must be submitted by small aviation entities. The DOT has published a common preamble elsewhere in today's Federal Register, which summarizes public comments to the DOT notice of proposed rulemaking (NPRM) which was published on December 15, 1992. EFFECTIVE DATE: This rule is effective on January 1, 1994. ***************************************************************************** Appendix J to Part 121--Alcohol Misuse Prevention Program This appendix contains the standards and components that must be included in an alcohol misuse prevention program required by this chapter. I. General. A. Purpose. The purpose of this appendix is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform safety-sensitive functions in aviation. B. Alcohol testing procedures. Each employer shall ensure that all alcohol testing conducted pursuant to this appendix complies with the procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address alcohol testing are made applicable to employers by this appendix. C. Definitions. As used in this appendix-- Accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and the time all such persons have disembarked, and in which any person suffers death or serious injury or in which the aircraft receives substantial damage. Administrator means the Administrator of the Federal Aviation Administration or his or her designated representative. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this appendix. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Confirmation test means a second test, following a screening test with a result 0.02 or greater, that provides quantitative data of alcohol concentration. Consortium means an entity, including a group or association of employers or contractors, that provides alcohol testing as required by this appendix and that acts on behalf of such employers or contractors, provided that it has submitted an alcohol misuse prevention program certification statement to the FAA in accordance with this appendix. Contractor company means a company that has employees who perform safety- sensitive functions by contract for an employer. Covered employee means a person who performs, either directly or by contract, a safety-sensitive function listed in section II of this appendix for an employer (as defined below). For purposes of pre-employment testing only, the term "covered employee" includes a person applying to perform a safety-sensitive function. DOT agency means an agency (or "operating administration") of the United States Department of Transportation administering regulations requiring alcohol testing (14 CFR parts 65, 121, and 135; 49 CFR parts 199, 219, and 382) in accordance with 49 CFR part 40. Employer means a part 121 certificate holder; a part 135 certificate holder; an air traffic control facility not operated by the FAA or by or under contract to the U.S. military; and an operator as defined in 14 CFR 135.1(c). Performing (a safety-sensitive function): an employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. Refuse to submit (to an alcohol test) means that a covered employee fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement to be tested in accordance with this appendix, or engages in conduct that clearly obstructs the testing process. Safety-sensitive function means a function listed in section II of this appendix. Screening test means an analytical procedure to determine whether a covered employee may have a prohibited concentration of alcohol in his or her system. Substance abuse professional means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or an addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders. Violation rate means the number of covered employees (as reported under section IV of this appendix) found during random tests given under this appendix to have an alcohol concentration of 0.04 or greater plus the number of employees who refused a random test required by this appendix, divided by the total reported number of employees in the industry given random alcohol tests under this appendix plus the total reported number of employees in the industry who refuse a random test required by this appendix. D. Preemption of State and local laws. 1. Except as provided in subparagraph 2 of this paragraph, these regulations preempt any State or local law, rule, regulation, or order to the extent that: (a) Compliance with both the State or local requirement and this appendix is not possible; or (b) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this appendix. 2. The alcohol misuse requirements of this title shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. E. Other requirements imposed by employers. Except as expressly provided in these alcohol misuse requirements, nothing in these requirements shall be construed to affect the authority of employers, or the rights of employees, with respect to the use or possession of alcohol, including any authority and rights with respect to alcohol testing and rehabilitation. F. Requirement for notice. Before performing an alcohol test under this appendix, each employer shall notify a covered employee that the alcohol test is required by this appendix. No employer shall falsely represent that a test is administered under this appendix. II. Covered Employees Each employee who performs a function listed in this section directly or by contract for an employer as defined in this appendix must be subject to alcohol testing under an FAA-approved alcohol misuse prevention program implemented in accordance with this appendix. The covered safety-sensitive functions are: 1. Flight crewmember duties. 2. Flight attendant duties. 3. Flight instruction duties. 4. Aircraft dispatcher duties. 5. Aircraft maintenance or preventive maintenance duties. 6. Ground security coordinator duties. 7. Aviation screening duties. 8. Air traffic control duties. III. Tests Required A. Pre-employment 1. Prior to the first time a covered employee performs safety-sensitive functions for an employer, the employee shall undergo testing for alcohol. No employer shall allow a covered employee to perform safety-sensitive functions unless the employee has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04. If a pre-employment test result under this paragraph indicates an alcohol concentration of 0.02 or greater but less than 0.04, the provisions of paragraph F of section V of this appendix apply. 2. An employer is not required to administer an alcohol test as required by this paragraph if: (a) The employee has undergone an alcohol test required by this appendix or the alcohol misuse rule of another DOT agency under 49 CFR part 40 within the previous 6 months, with a result indicating an alcohol concentration less than 0.04; and (b) The employer ensures that no prior employer of the covered employee of whom the employer has knowledge has records of a violation of Sec. 65.46a, 121.458, or 135.253 of this chapter or the alcohol misuse rule of another DOT agency within the previous 6 months. B. Post-accident 1. As soon as practicable following an accident, each employer shall test each surviving covered employee for alcohol if that employee's performance of a safety-sensitive function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. The decision not to administer a test under this section shall be based on the employer's determination, using the best available information at the time of the determination, that the covered employee's performance could not have contributed to the accident. 2. If a test required by this section is not administered within 2 hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FAA upon request of the Administrator or his or her designee. 3. A covered employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. C. Random testing 1. Except as provided in paragraphs 2-4 of this section, the minimum annual percentage rate for random alcohol testing will be 25 percent of the covered employees. 2. The Administrator's decision to increase or decrease the minimum annual percentage rate for random alcohol testing is based on the violation rate for the entire industry. All information used for this determination is drawn from alcohol MIS reports required by this appendix. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing of covered employees. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication. 3. (a) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the Administrator may lower this rate to 10 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this appendix for two consecutive calendar years indicate that the violation rate is less than 0.5 percent. (b) When the minimum annual percentage rate for random alcohol testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this appendix for two consecutive calendar years indicate that the violation rate is less than 1.0 percent but equal to or greater than 0.5 percent. 4. (a) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received under the reporting requirements of this appendix for that calendar year indicate that the violation rate is equal to or greater than 0.5 percent but less than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 25 percent of all covered employees. (b) When the minimum annual percentage rate for random alcohol testing is 25 percent or less, and the data received under the reporting requirements of this appendix for that calendar year indicate that the violation rate is equal to or greater than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 50 percent of all covered employees. 5. The selection of employees for random alcohol testing shall be made by a scientifically valid method, such as a random-number table or a computer- based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. 6. The employer shall randomly select a sufficient number of covered employees for testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate for random alcohol testing determined by the Administrator. If the employer conducts random testing through a consortium, the number of employees to be tested may be calculated for each individual employer or may be based on the total number of covered employees who are subject to random alcohol testing at the same minimum annual percentage rate under this appendix or any DOT alcohol testing rule. 7. Each employer shall ensure that random alcohol tests conducted under this appendix are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year. 8. Each employer shall require that each covered employee who is notified of selection for random testing proceeds to the testing site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. 9. A covered employee shall only be randomly tested while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. 10. If a given covered employee is subject to random alcohol testing under the alcohol testing rules of more than one DOT agency, the employee shall be subject to random alcohol testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee's functions. 11. If an employer is required to conduct random alcohol testing under the alcohol testing rules of more than one DOT agency, the employer may-- (a) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or (b) Randomly select such employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject. D. Reasonable Suspicion Testing 1. An employer shall require a covered employee to submit to an alcohol test when the employer has reasonable suspicion to believe that the employee has violated the alcohol misuse prohibitions in Sec. 65.46a, 121.458, or 135.253 of this chapter. 2. The employer's determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee. 3. Alcohol testing is authorized by this section only if the observations required by paragraph 2 are made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this rule. An employee may be directed by the employer to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. 4. (a) If a test required by this section is not administered within 2 hours following the determination made under paragraph 2 of this section, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the determination made under paragraph 2 of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (b) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until: (1) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or (2) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph 2 of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in Sec. 65.46a, 121.458, or 135.253 of this chapter. (c) Except as provided in paragraph 4(b), no employer shall take any action under this appendix against a covered employee based solely on the employee's behavior and appearance in the absence of an alcohol test. This does not prohibit an employer with authority independent of this appendix from taking any action otherwise consistent with law. E. Return to Duty Testing Each employer shall ensure that before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited in Sec. 65.46a, 121.458, or 135.253 of this chapter, the employee shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02. F. Follow-up Testing Following a determination under section VI, paragraph C.2 of this appendix that a covered employee is in need of assistance in resolving problems associated with alcohol misuse, each employer shall ensure that the employee is subject to unannounced follow-up alcohol testing as directed by a substance abuse professional in accordance with the provisions of section VI, paragraph C.3(b)(2) of this appendix. A covered employee shall be tested under this paragraph only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. G. Retesting of Covered Employees With an Alcohol Concentration of 0.02 or Greater but Less Than 0.04 Each employer shall retest a covered employee to ensure compliance with the provisions of section V, paragraph F of this appendix, if the employer chooses to permit the employee to perform a safety-sensitive function within 8 hours following the administration of an alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04. IV. Handling of Test Results, Record Retention, and Confidentiality A. Retention of Records 1. General Requirement. Each employer shall maintain records of its alcohol misuse prevention program as provided in this section. The records shall be maintained in a secure location with controlled access. 2. Period of Retention. Each employer shall maintain the records in accordance with the following schedule: (a) Five years. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, calibration documentation, employee evaluations and referrals, and copies of any annual reports submitted to the FAA under this appendix shall be maintained for a minimum of 5 years. (b) Two years. Records related to the collection process (except calibration of evidential breath testing devices) and training shall be maintained for a minimum of 2 years. (c) One year. Records of all test results below 0.02 shall be maintained for a minimum of 1 year. 3. Types of Records. The following specific records shall be maintained. (a) Records related to the collection process: (1) Collection logbooks, if used. (2) Documents relating to the random selection process. (3) Calibration documentation for evidential breath testing devices. (4) Documentation of breath alcohol technician training. (5) Documents generated in connection with decisions to administer reasonable suspicion alcohol tests. (6) Documents generated in connection with decisions on post-accident tests. (7) Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing. (b) Records related to test results: (1) The employer's copy of the alcohol test form, including the results of the test; (2) Documents related to the refusal of any covered employee to submit to an alcohol test required by this appendix. (3) Documents presented by a covered employee to dispute the result of an alcohol test administered under this appendix. (c) Records related to other violations of Secs. 65.46a, 121.248, or 135.253 of this chapter. (d) Records related to evaluations: (1) Records pertaining to a determination by a substance abuse professional concerning a covered employee's need for assistance. (2) Records concerning a covered employee's compliance with the recommendations of the substance abuse professional. (3) Records of notifications to the Federal Air Surgeon of violations of the alcohol misuse prohibitions in this chapter by covered employees who hold medical certificates issued under part 67 of this chapter. (e) Records related to education and training: (1) Materials on alcohol misuse awareness, including a copy of the employer's policy on alcohol misuse. (2) Documentation of compliance with the requirements of section VI, paragraph A of this appendix. (3) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion. (4) Certification that any training conducted under this appendix complies with the requirements for such training. B. Reporting of Results in a Management Information System 1. Annual reports summarizing the results of alcohol misuse prevention programs shall be submitted to the FAA in the form and manner prescribed by the Administrator by March 15 of each year covering the previous calendar year (January 1 through December 31) in accordance with the provisions below. (a) Each part 121 certificate holder shall submit an annual report each year. (b) Each entity conducting an alcohol misuse prevention program under the provisions of this appendix, other than a part 121 certificate holder, that has 50 or more covered employees on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year. (c) The Administrator reserves the right to require employers not otherwise required to submit annual reports to prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA. 2. Each employer that is subject to more than one DOT agency alcohol rule shall identify each employee covered by the regulations of more than one DOT agency. The identification will be by the total number and category of covered function. Prior to conducting any alcohol test on a covered employee subject to the rules of more than one DOT agency, the employer shall determine which DOT agency rule or rules authorizes or requires the test. The test result information shall be directed to the appropriate DOT agency or agencies. 3. Each employer shall ensure the accuracy and timeliness of each report submitted. 4. Each report shall be submitted in the form and manner prescribed by the Administrator. 5. Each report shall be signed by the employer's alcohol misuse prevention program manager or other designated representative. 6. Each report that contains information on an alcohol screening test result of 0.02 or greater or a violation of the alcohol misuse provisions of Sec. 65.46a, 121.458, or 135.253 of this chapter shall include the following informational elements: (a) Number of covered employees by employee category. (b) Number of covered employees in each category subject to alcohol testing under the alcohol misuse rule of another DOT agency, identified by each agency. (c)(1) Number of screening tests by type of test and employee category. (2) Number of confirmation tests, by type of test and employee category. (d) Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04 by type of test and employee category. (e) Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater, by type of test and employee category. (f) Number of persons denied a position as a covered employee following a pre-employment alcohol test indicating an alcohol concentration of 0.04 or greater. (g) Number of covered employees with a confirmation alcohol test indicating an alcohol concentration of 0.04 or greater who were returned to duty in covered positions (having complied with the recommendations of a substance abuse professional as described in section V, paragraph E, and section VI, paragraph C of this appendix). (h) Number of covered employees who were administered alcohol and drug tests at the same time, with both a positive drug test result and an alcohol test result indicating an alcohol concentration of 0.04 or greater. (i) Number of covered employees who were found to have violated other alcohol misuse provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter, and the action taken in response to the violation. (j) Number of covered employees who refused to submit to an alcohol test required under this appendix, the number of such refusals that were for random tests, and the action taken in response to each refusal. (k) Number of supervisors who have received required training during the reporting period in determining the existence of reasonable suspicion of alcohol misuse. 7. Each report with no screening test results of 0.02 or greater or violations of the alcohol misuse provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter shall include the following informational elements. (This report may only be submitted if the program results meet these criteria.) (a) Number of covered employees by employee category. (b) Number of covered employees in each category subject to alcohol testing under the alcohol misuse rule of another DOT agency, identified by each agency. (c) Number of screening tests by type of test and employee category. (d) Number of covered employees who engaged in alcohol misuse who were returned to duty in covered positions (having complied with the recommendations of a substance abuse professional as described in section V, paragraph E, and section VI, paragraph C of this appendix). (e) Number of covered employees who refused to submit to an alcohol test required under this appendix, and the action taken in response to each refusal. (f) Number of supervisors who have received required training during the reporting period in determining the existence of reasonable suspicion of alcohol misuse. 8. An FAA-approved consortium may prepare reports on behalf of individual aviation employers for purposes of compliance with this reporting requirement. However, the aviation employer shall sign and submit such a report and shall remain responsible for ensuring the accuracy and timeliness of each report prepared on its behalf by a consortium. C. Access to Records and Facilities 1. Except as required by law or expressly authorized or required in this appendix, no employer shall release covered employee information that is contained in records required to be maintained under this appendix. 2. A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests. The employer shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested. 3. Each employer shall make available copies of all results of alcohol testing conducted under this appendix and any other information pertaining to the employer's alcohol misuse prevention program, when requested by the Secretary of Transportation or any DOT agency with regulatory authority over the employer or covered employee. 4. When requested by the National Transportation Safety Board as part of an accident investigation, each employer shall disclose information related to the employer's administration of a post-accident alcohol test administered following the accident under investigation. 5. Records shall be made available to a subsequent employer upon receipt of written request from the covered employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee's request. 6. An employer may disclose information required to be maintained under this appendix pertaining to a covered employee to the employee or to the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from the results of an alcohol test administered under this appendix or from the employer's determination that the employee engaged in conduct prohibited under Secs. 65.46a, 121.458, or 135.253 of this chapter (including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the employee). 7. An employer shall release information regarding a covered employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee's consent. 8. Each employer shall permit access to all facilities utilized in complying with the requirements of this appendix to the Secretary of Transportation or any DOT agency with regulatory authority over the employer or any of its covered employees. V. Consequences for Employees Engaging in Alcohol-Related Conduct A. Removal From Safety-sensitive Function 1. Except as provided in section VI of this appendix, no covered employee shall perform safety-sensitive functions if the employee has engaged in conduct prohibited by Secs. 65.46a, 121.458, or 135.253 of this chapter or an alcohol misuse rule of another DOT agency. 2. No employer shall permit any covered employee to perform safety- sensitive functions if the employer has determined that the employee has violated this paragraph. B. Permanent Disqualification From Service An employee who violates Secs. 65.46a(c), 121.458(c), or 135.253(c) or who violates other alcohol misuse provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter and had previously engaged in conduct that violated the provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter after March 18, 1994 is permanently precluded from performing for an employer the safety- sensitive duties the employee performed before such violation. C. Notice to the Federal Air Surgeon 1. An employer who determines that a covered employee who holds an airman medical certificate issued under part 67 of this chapter has violated the provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter shall notify the Federal Air Surgeon within 2 working days. 2. Each such employer shall forward to the Federal Air Surgeon a copy of the report of any evaluation performed under the provisions of section VI of this appendix within 2 working days of the employer's receipt of the report. 3. All documents shall be sent to the Federal Air Surgeon, Office of Aviation Medicine, Drug Abatement Division (AAM-800), 400 7th Street SW., Washington, DC 20590. 4. No covered employee who holds a part 67 airman medical certificate shall perform safety-sensitive duties for an employer following a violation until and unless the Federal Air Surgeon has recommended that the employee be permitted to perform such duties. D. Notice of Refusals 1. Except as provided in subparagraph 2 of this paragraph, each employer shall notify the FAA of any covered employee who holds a certificate issued under part 61, part 63, or part 65 who has refused to submit to an alcohol test required under this appendix. Notifications should be sent to: Federal Aviation Administration, Aviation Standards National Field Office, Airmen Certification Branch, AVN-460, P.O Box 25082, Oklahoma City, OK 73125. 2. An employer is not required to notify the FAA of refusals to submit to pre-employment alcohol tests or refusals to submit to return to duty tests. E. Required Evaluation and Testing No covered employee who has engaged in conduct prohibited by Secs. 65.46a, 121.458, or 135.253 of this chapter shall perform safety-sensitive functions unless the employee has met the requirements of section VI, paragraph C of this appendix. No employer shall permit a covered employee who has engaged in such conduct to perform safety-sensitive functions unless the employee has met the requirements of section VI, paragraph C of this appendix. F. Other Alcohol-Related Conduct 1. No covered employee tested under the provisions of section III of this appendix who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, nor shall an employer permit the employee to perform or continue to perform safety-sensitive functions, until: (a) The employee's alcohol concentration measures less than 0.02; or (b) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following administration of the test. 2. Except as provided in subparagraph 1 of this paragraph, no employer shall take any action under this rule against an employee based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this rule from taking any action otherwise consistent with law. VI. Alcohol Misuse Information, Training, and Referral A. Employer Obligation to Promulgate a Policy on the Misuse of Alcohol 1. General requirements. Each employer shall provide educational materials that explain these alcohol misuse requirements and the employer's policies and procedures with respect to meeting those requirements. (a) The employer shall ensure that a copy of these materials is distributed to each covered employee prior to the start of alcohol testing under the employer's FAA-mandated alcohol misuse prevention program and to each person subsequently hired for or transferred to a covered position. (b) Each employer shall provide written notice to representatives of employee organizations of the availability of this information. 2. Required content. The materials to be made available to employees shall include detailed discussion of at least the following: (a) The identity of the person designated by the employer to answer employee questions about the materials. (b) The categories of employees who are subject to the provisions of these alcohol misuse requirements. (c) Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with these alcohol misuse requirements. (d) Specific information concerning employee conduct that is prohibited by this chapter. (e) The circumstances under which a covered employee will be tested for alcohol under this appendix. (f) The procedures that will be used to test for the presence of alcohol, protect the employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee. (g) The requirement that a covered employee submit to alcohol tests administered in accordance with this appendix. (h) An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences. (i) The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the procedures under section VI of this appendix. (j) The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04. (k) Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem; and available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management. (l) Optional provisions. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the employer's authority independent of this appendix. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority. B. Training for Supervisors Each employer shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under section II of this appendix receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. C. Referral, Evaluation, and Treatment 1. Each covered employee who has engaged in conduct prohibited by Secs. 65.46a, 121.458, or 135.253 of this chapter shall be advised by the employer of the resources available to the employee in evaluating and resolving problems associated with the misuse of alcohol, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. 2. Each covered employee who engages in conduct prohibited under Secs. 65.46a, 121.458, or 135.253 of this chapter shall be evaluated by a substance abuse professional who must determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse. 3. (a) Before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Secs. 65.46a, 121.458, or 135.253 of this chapter, the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. (b) In addition, each covered employee identified as needing assistance in resolving problems associated with alcohol misuse-- (i) Shall be evaluated by a substance abuse professional to determine whether the employee has properly followed any rehabilitation program prescribed under subparagraph 2 of this paragraph, and, (ii) Shall be subject to unannounced follow-up alcohol tests administered by the employer following the employee's return to duty. The number and frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist of at least six tests in the first 12 months following the employee's return to duty. The employer may direct the employee to undergo testing for drugs (both return to duty and follow-up), in addition to alcohol testing, if the substance abuse professional determines that drug testing is necessary for the particular employee. Any such drug testing shall be conducted in accordance with the requirements of 49 CFR part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. 4. Evaluation and rehabilitation may be provided by the employer, by a substance abuse professional under contract with the employer, or by a substance abuse professional not affiliated with the employer. The choice of substance abuse professional and assignment of costs shall be made in accordance with employer/employee agreements and employer policies. 5. Each employer shall ensure that a substance abuse professional who determines that a covered employee requires assistance in resolving problems with alcohol misuse does not refer the employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring an employee for assistance provided through-- (a) A public agency, such as a State, county, or municipality; (b) The employer or a person under contract to provide treatment for alcohol problems on behalf of the employer; (c) The sole source of therapeutically appropriate treatment under the employee's health insurance program; or (d) The sole source of therapeutically appropriate treatment reasonably accessible to the employee. 6. The requirements of this paragraph with respect to referral, evaluation, and rehabilitation do not apply to applicants who refuse to submit to pre- employment testing or have a pre-employment test with a result indicating an alcohol concentration of 0.04 or greater. VII. Employer's Alcohol Misuse Prevention Program A. Schedule for Submission of Certification Statements and Implementation 1. Each employer shall submit an alcohol misuse prevention program (AMPP) certification statement as prescribed in paragraph B of section VII of this appendix, in duplicate, to the FAA, Office of Aviation Medicine, Drug Abatement Division (AAM-800), 400 7th Street SW., Washington, DC 20590, in accordance with the schedule below. (a) Each employer that holds a part 121 certificate, each employer that holds a part 135 certificate and directly employs more than 50 covered employees, and each air traffic control facility affected by this rule shall submit a certification statement to the FAA by July 1, 1994. Each employer must implement an AMPP meeting the requirements of this appendix on January 1, 1995. Contractor employees to these employers must be subject to an AMPP meeting the requirements of this appendix by July 1, 1995. (b) Each employer that holds a part 135 certificate and directly employs from 11 to 50 covered employees shall submit a certification statement to the FAA by January 1, 1995. Each employer must implement an AMPP meeting the requirements of this appendix on July 1, 1995. Contractor employees to these employers must be subject to an AMPP meeting the requirements of this appendix by January 1, 1996. (c) Each employer that holds a part 135 certificate and directly employs ten or fewer covered employees, and each operator as defined in 14 CFR 135.1(c) shall submit a certification statement to the FAA by July 1, 1995. Each employer must implement an AMPP meeting the requirements of this appendix on January 1, 1996. Contractor employees to these employers must be subject to an AMPP meeting the requirements of this appendix by July 1, 1996. 2. A company providing covered employees by contract to employers may be authorized by the FAA to establish an AMPP under the auspices of this appendix by submitting a certification statement meeting the requirements of paragraph B of section VII of this appendix directly to the FAA. Each contractor company that establishes an AMPP shall implement its AMPP in accordance with the provisions of this appendix. (a) The FAA may revoke its authorization in the case of any contractor company that fails to properly implement its AMPP. (b) No employer shall use a contractor company's employee who is not subject to the employer's AMPP unless the employer has first determined that the employee is subject to another FAA-mandated AMPP. 3. A consortium may be authorized to establish a consortium AMPP under the auspices of this appendix by submitting a certification statement meeting the requirements of paragraph B of section VII of this appendix directly to the FAA. Each consortium that so certifies shall implement the AMPP on behalf of the consortium members in accordance with the provisions of this appendix. (a) The FAA may revoke its authorization in the case of any consortium that fails to properly implement the AMPP. (b) Each employer that participates in an FAA-approved consortium remains individually responsible for ensuring compliance with the provisions of these alcohol misuse requirements and must maintain all records required under section IV of this appendix. (c) Each consortium shall notify the FAA of any membership termination within 10 days of such termination. 4. Any person who applies for a certificate under the provisions of parts 121 or 135 of this chapter after the effective date of the final rule shall submit an alcohol misuse prevention program (AMPP) certification statement to the FAA prior to beginning operations pursuant to the certificate. The AMPP shall be implemented concurrently with beginning such operations or on the date specified in paragraph A.1. of this section, whichever is later. Contractor employees to a new certificate holder must be subject to an FAA- mandated AMPP within 180 days of the implementation of the employer's AMPP. 5. Any person who intends to begin air traffic control operations as an employer as defined in 14 CFR 65.46(a)(2) (air traffic control facilities not operated by the FAA or by or under contract to the U.S. military) after March 18, 1994 shall, not later than 60 days prior to the proposed initiation of such operations, submit an alcohol misuse prevention program certification statement to the FAA. The AMPP shall be implemented concurrently with the inception of operations or on the date specified in paragraph A.1 of this section, whichever is later. Contractor employees to a new air traffic control facility must be subject to an FAA-approved program within 180 days of the implementation of the facility's program. 6. Any person who intends to begin sightseeing operations as an operator under 14 CFR 135.1(c) after March 18, 1994 shall, not later than 60 days prior to the proposed initiation of such operations, submit an alcohol misuse prevention program (AMPP) certification statement to the FAA. The AMPP shall be implemented concurrently with the inception of operations or on the date specified in paragraph A.1 of this section, whichever is later. Contractor employees to a new operator must be subject to an FAA-mandated AMPP within 180 days of the implementation of the employer's AMPP. 7. The duplicate certification statement shall be annotated indicating receipt by the FAA and returned to the employer, contractor company, or consortium. 8. Each consortium that submits an AMPP certification statement to the FAA must receive actual notice of the FAA's receipt of the statement prior to performing services as an FAA-approved consortium under this appendix on behalf of employers or contractor companies. 9. Each employer, and each contractor company that submits a certification statement directly to the FAA, shall notify the FAA of any proposed change in status (e.g., join a consortium or another carrier's program, change consortium, etc.) prior to the effective date of such change. The employer or contractor company must ensure that it is continuously covered by an FAA- mandated alcohol misuse prevention program. B. Required Content of AMPP Certification Statements 1. Each AMPP certification statement submitted by an employer or a contractor company shall provide the following information: (a) The name, address, and telephone number of the employer/contractor company and for the employer/contractor company AMPP manager; (b) FAA operating certificate number (if applicable); (c) The date on which the employer or contractor company will implement its AMPP; (d) If the submitter is a consortium member, the identity of the consortium; and (e) A statement signed by an authorized representative of the employer or contractor company certifying an understanding of and agreement to comply with the provisions of the FAA's alcohol misuse prevention regulations. 2. Each consortium certification statement shall provide the following information. (a) The name, address, and telephone number of the consortium's AMPP manager; (b) A list of the specific services the consortium will be providing in implementation of FAA-mandated AMPPs (e.g., random testing, SAP). (c) A statement signed by an authorized representative of the consortium certifying an understanding of and agreement to comply with the provisions of the FAA's alcohol misuse prevention regulations. VIII. Employees Located Outside the U.S. A. No covered employee shall be tested for alcohol misuse while located outside the territory of the United States. 1. Each covered employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment. 2. Each covered employee who is removed from the random testing pool under this paragraph shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States. B. The provisions of this appendix shall not apply to any person who performs a safety-sensitive function by contract for an employer outside the territory of the United States. [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. *****************************************************************************