[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    14


          Parts 60 to 139

                         Revised as of January 1, 2004

Aeronautics and Space





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2004
          With Ancillaries
          Published by:
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register

[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 14:
          Chapter I--Federal Aviation Administration, 
          Department of Transportation (Continued)                   3
  Finding Aids:
      Material Approved for Incorporation by Reference........     851
      Table of CFR Titles and Chapters........................     853
      Alphabetical List of Agencies Appearing in the CFR......     871
      List of CFR Sections Affected...........................     881

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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  14 CFR 61.1 refers 
                       to title 14, part 61, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16as of January 1...........
Title 17 through Title 27as of April 1............
Title 28 through Title 41as of July 1.............
Title 42 through Title 50as of October 1..........

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2004), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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info@fedreg.nara.gov.

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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2004.

[[Page ix]]



                               THIS TITLE

    Title 14--Aeronautics and Space is composed of five volumes. The 
parts in these volumes are arranged in the following order: parts 1-59, 
60-139, 140-199, 200-1199, and part 1200-End. The first three volumes 
containing parts 1-199 are comprised of chapter I--Federal Aviation 
Administration, Department of Transportation (DOT). The fourth volume 
containing parts 200-1199 is comprised of chapter II--Office of the 
Secretary, DOT (Aviation Proceedings) and chapter III--Commercial Space 
Transportation, Federal Aviation Administration, DOT. The fifth volume 
containing part 1200-End is comprised of chapter V--National Aeronautics 
and Space Administration and chapter VI--Office of Management and 
Budget. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of January 1, 2004.

[[Page x]]




[[Page 1]]



                     TITLE 14--AERONAUTICS AND SPACE




                  (This book contains parts 60 to 139)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Federal Aviation Administration, Department of 
  Transportation (Continued)................................          61

[[Page 3]]



CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)




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

                          SUBCHAPTER D--AIRMEN
Part                                                                Page
60              [Reserved]
61              Certification: Pilots, flight instructors, 
                    and ground instructors..................           5
63              Certification: Flight crewmembers other than 
                    pilots..................................          98
65              Certification: Airmen other than flight 
                    crewmembers.............................         117
67              Medical standards and certification.........         138
                         SUBCHAPTER E--AIRSPACE
71              Designation of class A, B, C, D, and E 
                    airspace areas; Air traffic service; 
                    routes; and reporting points............         151
73              Special use airspace........................         155

75              [Reserved]
77              Objects affecting navigable airspace........         157
          SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES
91              General operating and flight rules..........         171
93              Special air traffic rules...................         305
95              IFR altitudes...............................         331
97              Standard instrument approach procedures.....         339
99              Security control of air traffic.............         342
101             Moored balloons, kites, unmanned rockets and 
                    unmanned free balloons..................         346
103             Ultralight vehicles.........................         350

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105             Parachute Operations........................         352
   SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS
119             Certification: Air carriers and commercial 
                    operators...............................         360
121             Operating requirements: Domestic, flag, and 
                    supplemental operations.................         380
125             Certification and operations: Airplanes 
                    having a seating capacity of 20 or more 
                    passengers or a maximum payload capacity 
                    of 6,000 pounds or more; and rules 
                    governing persons on board such aircraft         618
129             Operations: Foreign air carriers and foreign 
                    operators of U.S.-registered aircraft 
                    engaged in common carriage..............         682
133             Rotorcraft external-load operations.........         692
135             Operating requirements: Commuter and on 
                    demand operations and rules governing 
                    persons on board such aircraft..........         699
136             National parks air tour management..........         818
137             Agricultural aircraft operations............         822
139             Certification and operations: Land airports 
                    serving certain air carriers............         829

[[Page 5]]



                           SUBCHAPTER D_AIRMEN



                           PART 60 [RESERVED]



PART 61_CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS--Table of Contents




Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 73
Special Federal Aviation Regulation No. 93
Special Federal Aviation Regulation No. 100

                            Subpart A_General

Sec.
61.1 Applicability and definitions.
61.3 Requirement for certificates, ratings, and authorizations.
61.4 Qualification and approval of flight simulators and flight training 
          devices.
61.5 Certificates and ratings issued under this part.
61.7 Obsolete certificates and ratings.
61.9 [Reserved]
61.11 Expired pilot certificates and reissuance.
61.13 Issuance of airman certificates, ratings, and authorizations.
61.14 Refusal to submit to a drug or alcohol test.
61.15 Offenses involving alcohol or drugs.
61.16 Refusal to submit to an alcohol test or to furnish test results.
61.17 Temporary certificate.
61.18 Security disqualification.
61.19 Duration of pilot and instructor certificates.
61.21 Duration of a Category II and a Category III pilot authorization 
          (for other than part 121 and part 135 use).
61.23 Medical certificates: Requirement and duration.
61.25 Change of name.
61.27 Voluntary surrender or exchange of certificate.
61.29 Replacement of a lost or destroyed airman or medical certificate 
          or knowledge test report.
61.31 Type rating requirements, additional training, and authorization 
          requirements.
61.33 Tests: General procedure.
61.35 Knowledge test: Prerequisites and passing grades.
61.37 Knowledge tests: Cheating or other unauthorized conduct.
61.39 Prerequisites for practical tests.
61.41 Flight training received from flight instructors not certificated 
          by the FAA.
61.43 Practical tests: General procedures.
61.45 Practical tests: Required aircraft and equipment.
61.47 Status of an examiner who is authorized by the Administrator to 
          conduct practical tests.
61.49 Retesting after failure.
61.51 Pilot logbooks.
61.53 Prohibition on operations during medical deficiency.
61.55 Second-in-command qualifications.
61.56 Flight review.
61.57 Recent flight experience: Pilot in command.
61.58 Pilot-in-command proficiency check: Operation of aircraft 
          requiring more than one pilot flight crewmember.
61.59 Falsification, reproduction, or alteration of applications, 
          certificates, logbooks, reports, or records.
61.60 Change of address.

           Subpart B_Aircraft Ratings and Pilot Authorizations

61.61 Applicability.
61.63 Additional aircraft ratings (other than on an airline transport 
          pilot certificate).
61.64 [Reserved]
61.65 Instrument rating requirements.
61.67 Category II pilot authorization requirements.
61.68 Category III pilot authorization requirements.
61.69 Glider towing: Experience and training requirements.
61.71 Graduates of an approved training program other than under this 
          part: Special rules.
61.73 Military pilots or former military pilots: Special rules.
61.75 Private pilot certificate issued on the basis of a foreign pilot 
          license.
61.77 Special purpose pilot authorization: Operation of U.S.-registered 
          civil aircraft leased by a person who is not a U.S. citizen.

                        Subpart C_Student Pilots

61.81 Applicability.
61.83 Eligibility requirements for student pilots.
61.85 Application.
61.87 Solo requirements for student pilots.
61.89 General limitations.
61.91 [Reserved]
61.93 Solo cross-country flight requirements.
61.95 Operations in Class B airspace and at airports located within 
          Class B airspace.

[[Page 6]]

                      Subpart D_Recreational Pilots

61.96 Applicability and eligibility requirements: General.
61.97 Aeronautical knowledge.
61.98 Flight proficiency.
61.99 Aeronautical experience.
61.100 Pilots based on small islands.
61.101 Recreational pilot privileges and limitations.

                        Subpart E_Private Pilots

61.102 Applicability.
61.103 Eligibility requirements: General.
61.105 Aeronautical knowledge.
61.107 Flight proficiency.
61.109 Aeronautical experience.
61.110 Night flying exceptions.
61.111 Cross-country flights: Pilots based on small islands.
61.113 Private pilot privileges and limitations: Pilot in command.
61.115 Balloon rating: Limitations.
61.117 Private pilot privileges and limitations: Second in command of 
          aircraft requiring more than one pilot.
61.118-61.120 [Reserved]

                       Subpart F_Commercial Pilots

61.121 Applicability.
61.123 Eligibility requirements: General.
61.125 Aeronautical knowledge.
61.127 Flight proficiency.
61.129 Aeronautical experience.
61.131 Exceptions to the night flying requirements.
61.133 Commercial pilot privileges and limitations.
61.135-61.141 [Reserved]

                   Subpart G_Airline Transport Pilots

61.151 Applicability.
61.153 Eligibility requirements: General.
61.155 Aeronautical knowledge.
61.157 Flight proficiency.
61.158 [Reserved]
61.159 Aeronautical experience: Airplane category rating.
61.161 Aeronautical experience: Rotorcraft category and helicopter class 
          rating.
61.163 Aeronautical experience: Powered-lift category rating.
61.165 Additional aircraft category and class ratings.
61.167 Privileges.
61.169-61.171 [Reserved]

                      Subpart H_Flight Instructors

61.181 Applicability.
61.183 Eligibility requirements.
61.185 Aeronautical knowledge.
61.187 Flight proficiency.
61.189 Flight instructor records.
61.191 Additional flight instructor ratings.
61.193 Flight instructor privileges.
61.195 Flight instructor limitations and qualifications.
61.197 Renewal of flight instructor certificates.
61.199 Expired flight instructor certificates and ratings.
61.201 [Reserved]

                      Subpart I_Ground Instructors

61.211 Applicability.
61.213 Eligibility requirements.
61.215 Ground instructor privileges.
61.217 Recent experience requirements.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

    Source: Docket No. 25910, 62 FR 16298, Apr. 4, 1997, unless 
otherwise noted.

               Special Federal Aviation Regulation No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

 Special Federal Aviation Regulation No. 73--Robinson R-22/R-44 Special 
                  Training and Experience Requirements

                                Sections

    1. Applicability.
    2. Required training, aeronautical experience, endorsements, and 
flight review.
    3. Expiration date.
    1. Applicability. Under the procedures prescribed herein, this SFAR 
applies to all persons who seek to manipulate the controls or act as 
pilot in command of a Robinson model R-22 or R-44 helicopter. The 
requirements stated in this SFAR are in addition to the current 
requirements of part 61.
    2. Required training, aeronautical experience, endorsements, and 
flight review.
    (a) Awareness Training:
    (1) Except as provided in paragraph (a)(2) of this section, no 
person may manipulate the controls of a Robinson model R-22 or R-44 
helicopter after March 27, 1995, for the purpose of flight unless the 
awareness training specified in paragraph (a)(3) of this section is 
completed and the person's logbook has been endorsed by a certified 
flight instructor authorized under paragraph (b)(5) of this section.
    (2) A person who holds a rotorcraft category and helicopter class 
rating on that person's pilot certificate and meets the experience 
requirements of paragraph (b)(1) or paragraph (b)(2) of this section may 
not manipulate the controls of a Robinson model R-22 or R-44 helicopter 
for the purpose of flight after April 26, 1995, unless the awareness

[[Page 7]]

training specified in paragraph (a)(3) of this section is completed and 
the person's logbook has been endorsed by a certified flight instructor 
authorized under paragraph (b)(5) of this section.
    (3) Awareness training must be conducted by a certified flight 
instructor who has been endorsed under paragraph (b)(5) of this section 
and consists of instruction in the following general subject areas:
    (i) Energy management;
    (ii) Mast bumping;
    (iii) Low rotor RPM (blade stall);
    (iv) Low G hazards; and
    (v) Rotor RPM decay.
    (4) A person who can show satisfactory completion of the 
manufacturer's safety course after January 1, 1994, may obtain an 
endorsement from an FAA aviation safety inspector in lieu of completing 
the awareness training required in paragraphs (a)(1) and (a)(2) of this 
section.
    (b) Aeronautical Experience:
    (1) No person may act as pilot in command of a Robinson model R-22 
unless that person:
    (i) Has had at least 200 flight hours in helicopters, at least 50 
flight hours of which were in the Robinson R-22; or
    (ii) Has had at least 10 hours dual instruction in the Robinson R-22 
and has received an endorsement from a certified flight instructor 
authorized under paragraph (b)(5) of this section that the individual 
has been given the training required by this paragraph and is proficient 
to act as pilot in command of an R-22. Beginning 12 calendar months 
after the date of the endorsement, the individual may not act as pilot 
in command unless the individual has completed a flight review in an R-
22 within the preceding 12 calendar months and obtained an endorsement 
for that flight review. The dual instruction must include at least the 
following abnormal and emergency procedures flight training:
    (A) Enhanced training in autorotation procedures,
    (B) Engine rotor RPM control without the use of the governor,
    (C) Low rotor RPM recognition and recovery, and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (2) No person may act as pilot in command of a Robinson R-44 unless 
that person--
    (i) Has had at least 200 flight hours in helicopters, at least 50 
flight hours of which were in the Robinson R-44. The pilot in command 
may credit up to 25 flight hours in the Robinson R-22 toward the 50 hour 
requirement in the Robinson R-44; or
    (ii) Has had at least 10 hours dual instruction in a Robinson 
helicopter, at least 5 hours of which must have been accomplished in the 
Robinson R-44 helicopter and has received an endorsement from a 
certified flight instructor authorized under paragraph (b)(5) of this 
section that the individual has been given the training required by this 
paragraph and is proficient to act as pilot in command of an R-44. 
Beginning 12 calendar months after the date of the endorsement, the 
individual may not act as pilot in command unless the individual has 
completed a flight review in a Robinson R-44 within the preceding 12 
calendar months and obtained an endorsement for that flight review. The 
dual instruction must include at least the following abnormal and 
emergency procedures flight training--
    (A) Enhanced training in autorotation procedures;
    (B) Engine rotor RPM control without the use of the governor;
    (C) Low rotor RPM recognition and recovery; and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (3) A person who does not hold a rotorcraft category and helicopter 
class rating must have had at least 20 hours of dual instruction in a 
Robinson R-22 helicopter prior to operating it in solo flight. In 
addition, the person must obtain an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
instruction has been given in those maneuvers and procedures, and the 
instructor has found the applicant proficient to solo a Robinson R-22. 
This endorsement is valid for a period of 90 days. The dual instruction 
must include at least the following abnormal and emergency procedures 
flight training:
    (i) Enhanced training in autorotation procedures,
    (ii) Engine rotor RPM control without the use of the governor,
    (iii) Low rotor RPM recognition and recovery, and
    (iv) Effects of low G maneuvers and proper recovery procedures.
    (4) A person who does not hold a rotorcraft category and helicopter 
class rating must have had at least 20 hours of dual instruction in a 
Robinson R-44 helicopter prior to operating it in solo flight. In 
addition, the person must obtain an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
instruction has been given in those maneuvers and procedures, and the 
instructor has found the applicant proficient to solo a Robinson R-44. 
This endorsement is valid for a period of 90 days. The dual instruction 
must include at least the following abnormal and emergency procedures 
flight training:
    (i) Enhanced training in autorotation procedures,
    (ii) Engine rotor RPM control without the use of the governor,
    (iii) Low rotor RPM recognition and recovery, and
    (iv) Effects of low G maneuvers and proper recovery procedures.

[[Page 8]]

    (5) No certificated flight instructor may provide instruction or 
conduct a flight review in a Robinson R-22 or R-44 unless that 
instructor--
    (i) Completes the awareness training in paragraph 2(a) of this SFAR.
    (ii) For the Robinson R-22, has had at least 200 flight hours in 
helicopters, at least 50 flight hours of which were in the Robinson R-
22, or for the Robinson R-44, has had at least 200 flight hours in 
helicopters, 50 flight hours of which were in Robinson helicopters. Up 
to 25 flight hours of Robinson R-22 flight time may be credited toward 
the 50 hour requirement.
    (iii) Has completed flight training in a Robinson R-22, R-44, or 
both, on the following abnormal and emergency procedures--
    (A) Enhanced training in autorotation procedures;
    (B) Engine rotor RPM control without the use of the governor;
    (C) Low rotor RPM recognition and recovery; and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (iv) Has been authorized by endorsement from an FAA aviation safety 
inspector or authorized designated examiner that the instructor has 
completed the appropriate training, meets the experience requirements 
and has satisfactorily demonstrated an ability to provide instruction on 
the general subject areas of paragraph 2(a)(3) of this SFAR, and the 
flight training identified in paragraph 2(b)(5)(iii) of this SFAR.
    (c) Flight Review:
    (1) No flight review completed to satisfy Sec.  61.56 by an 
individual after becoming eligible to function as pilot in command in a 
Robinson R-22 helicopter shall be valid for the operation of R-22 
helicopter unless that flight review was taken in an R-22.
    (2) No flight review completed to satisfy Sec.  61.56 by individual 
after becoming eligible to function as pilot in command in a Robinson R-
44 helicopter shall be valid for the operation of R-44 helicopter unless 
that flight review was taken in the R-44.
    (3) The flight review will include a review of the awareness 
training subject areas of paragraph 2(a)(3) of this SFAR and the flight 
training identified in paragraph 2(b) of this SFAR.
    (d) Currency Requirements: No person may act as pilot in command of 
a Robinson model R-22 or R-44 helicopter carrying passengers unless the 
pilot in command has met the recency of flight experience requirements 
of Sec.  61.57 in an R-22 or R-44, as appropriate.
    3. Expiration date. This SFAR terminates on March 31, 2008, unless 
sooner superceded or rescinded.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by SFAR 73-1, 63 
FR 666, Jan. 7, 1998; 68 FR 43, Jan. 2, 2003]

Special Federal Aviation Regulation No. 93--Temporary Extension of Time 
                To Allow for Certain Training and Testing

    1. Applicability. This SFAR applies to all part 121 and 135 check 
airmen (simulator) and flight instructors (simulator), part 121 aircraft 
dispatchers, and part 142 training center instructors who were required 
to complete qualification requirements, an inflight line observation 
program, or operating familiarization in September 2001 to become 
qualified, or remain qualified, to perform their assigned duties. It 
also applies to persons who have satisfactorily accomplished the part 61 
aeronautical knowledge test or the part 63 written test, either one of 
which has an expiration date of September 2001 for pilot, flight 
instructor, or flight engineer certification.
    2. Special Qualification Requirements. The sections of 14 CFR that 
prescribes these requirements are sections 61.39(a)(1); 63.35(d); 
121.411(f); 121.412(f); 121.463(a)(2); 121.463(c); 135.337(f); 
135.338(f); 142.53(b)(2) and (b)(3).
    3. Extension of Time to Fulfill Certain Qualification Requirements. 
Persons identified in paragraph 1 of this SFAR who had until the end of 
September 2001 to complete the specified qualification requirements in 
September 2001 will be deemed to have completed those requirements in 
September 2001 provided they satisfactorily complete those requirements 
by November 30, 2001. For those persons identified in paragraph 1, who 
are qualifying for the first time to be a check airmen (simulator), 
flight instructor (simulator), aircraft dispatcher, or training center 
instructor, they must fulfill the applicable qualification requirements 
before they may serve as a check airmen (simulator), flight instructor 
(simulator), aircraft dispatcher, or training center instructor, as 
appropriate. This extension does not change the 12-calendar-month 
requirement for aircraft dispatchers or the anniversary month for check 
airmen, flight instructors and training center instructors. Therefore, 
if you were due for qualification in September 2001 you will be due for 
qualification September 2002, regardless of this extension for 2001.
    4. Termination Date. This Special Federal Aviation Regulation 
expires November 30, 2001.

[Doc. No. FAA-2001-10797, 66 FR 52279, Oct. 12, 2001]

[[Page 9]]

 Special Federal Aviation Regulation No. 100--Relief for U.S. Military 
  and Civilian Personnel Who Are Assigned Outside the United States in 
                 Support of U.S. Armed Forces Operations

    1. Applicability. Flight Standards District Offices are authorized 
to accept from an eligible person, as described in paragraph 2 of this 
SFAR, the following:
    (a) An expired flight instructor certificate to show eligibility for 
renewal of a flight instructor certificate under Sec.  61.197, or an 
expired written test report to show eligibility under part 61 to take a 
practical test;
    (b) An expired written test report to show eligibility under 
Sec. Sec.  63.33 and 63.57 to take a practical test; and
    (c) An expired written test report to show eligibility to take a 
practical test required under part 65 or an expired inspection 
authorization to show eligibility for renewal under Sec.  65.93.
    2. Eligibility. A person is eligible for the relief described in 
paragraph 1 of this SFAR if:
    (a) The person served in a U.S. military or civilian capacity 
outside the United States in support of the U.S. Armed Forces' operation 
during some period of time from September 11, 2001, to June 20, 2005;
    (b) The person's flight instructor certificate, airman written test 
report, or inspection authorization expired some time between September 
11, 2001, and 6 calendar months after returning to the United States, or 
June 20, 2005, whichever is earlier; and
    (c) The person complies with Sec.  61.197 or Sec.  65.93 of this 
chapter, as appropriate, or completes the appropriate practical test 
within 6 calendar months after returning to the United States, or June 
20, 2005, whichever is earlier.
    3. Required documents. The person must send the Airman Certificate 
and/or Rating Application (FAA Form 8710-1) to the appropriate Flight 
Standards District Office. The person must include with the application 
one of the following documents, which must show the date of assignment 
outside the United States and the date of return to the United States:
    (a) An official U.S. Government notification of personnel action, or 
equivalent document, showing the person was a civilian on official duty 
for the U.S. Government outside the United States and was assigned to a 
U.S. Armed Forces' operation some time between September 11, 2001, and 
June 20, 2005;
    (b) Military orders showing the person was assigned to duty outside 
the United States and was assigned to a U.S. Armed Forces' operation 
some time between September 11, 2001, and June 20, 2005; or
    (c) A letter from the person's military commander or civilian 
supervisor providing the dates during which the person served outside 
the United States and was assigned to a U.S. Armed Forces' operation 
some time between September 11, 2001, and June 20, 2005.
    4. Expiration date. This Special Federal Aviation Regulation No. 100 
expires June 20, 2005, unless sooner superseded or rescinded.

[Doc. No. FAA-2003-15431, 68 FR 36905, June 20, 2003]

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36905, June 
20, 2003, SFAR No. 100 was added, effective June 20, 2003, through June 
20, 2005.



                            Subpart A_General



Sec.  61.1  Applicability and definitions.

    (a) This part prescribes:
    (1) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings; the conditions under which 
those certificates and ratings are necessary; and the privileges and 
limitations of those certificates and ratings.
    (2) The requirements for issuing pilot, flight instructor, and 
ground instructor authorizations; the conditions under which those 
authorizations are necessary; and the privileges and limitations of 
those authorizations.
    (3) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings for persons who have taken 
courses approved by the Administrator under other parts of this chapter.
    (b) For the purpose of this part:
    (1) Aeronautical experience means pilot time obtained in an 
aircraft, flight simulator, or flight training device for meeting the 
appropriate training and flight time requirements for an airman 
certificate, rating, flight review, or recency of flight experience 
requirements of this part.
    (2) Authorized instructor means--
    (i) A person who holds a valid ground instructor certificate issued 
under part 61 or part 143 of this chapter when conducting ground 
training in accordance with the privileges and limitations of his or her 
ground instructor certificate;
    (ii) A person who holds a current flight instructor certificate 
issued under part 61 of this chapter when conducting ground training or 
flight training in accordance with the privileges

[[Page 10]]

and limitations of his or her flight instructor certificate; or
    (iii) A person authorized by the Administrator to provide ground 
training or flight training under SFAR No. 58, or part 61, 121, 135, or 
142 of this chapter when conducting ground training or flight training 
in accordance with that authority.
    (3) Cross-country time means--
    (i) Except as provided in paragraphs (b)(3) (ii), (iii), (iv), and 
(v) of this section, time acquired during a flight--
    (A) Conducted by a person who holds a pilot certificate;
    (B) Conducted in an aircraft;
    (C) That includes a landing at a point other than the point of 
departure; and
    (D) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (ii) For the purpose of meeting the aeronautical experience 
requirements (except for a rotorcraft category rating), for a private 
pilot certificate, a commercial pilot certificate, or an instrument 
rating, or for the purpose of exercising recreational pilot privileges 
(except in a rotorcraft) under Sec.  61.101(c), time acquired during a 
flight--
    (A) Conducted in an appropriate aircraft;
    (B) That includes a point of landing that was at least a straight-
line distance of more than 50 nautical miles from the original point of 
departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (iii) For the purpose of meeting the aeronautical experience 
requirements for any pilot certificate with a rotorcraft category rating 
or an instrument-helicopter rating, or for the purpose of exercising 
recreational pilot privileges, in a rotorcraft, under Sec.  61.101(c), 
time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That includes a point of landing that was at least a straight-
line distance of more than 25 nautical miles from the original point of 
departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.
    (iv) For the purpose of meeting the aeronautical experience 
requirements for an airline transport pilot certificate (except with a 
rotorcraft category rating), time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That is at least a straight-line distance of more than 50 
nautical miles from the original point of departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems.
    (v) For a military pilot who qualifies for a commercial pilot 
certificate (except with a rotorcraft category rating) under Sec.  61.73 
of this part, time acquired during a flight--
    (A) Conducted in an appropriate aircraft;
    (B) That is at least a straight-line distance of more than 50 
nautical miles from the original point of departure; and
    (C) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems.
    (4) Examiner means any person who is authorized by the Administrator 
to conduct a pilot proficiency test or a practical test for an airman 
certificate or rating issued under this part, or a person who is 
authorized to conduct a knowledge test under this part.
    (5) Flight simulator means a device that--
    (i) Is a full-size aircraft cockpit replica of a specific type of 
aircraft, or make, model, and series of aircraft;
    (ii) Includes the hardware and software necessary to represent the 
aircraft in ground operations and flight operations;
    (iii) Uses a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (iv) Uses a visual system that provides at least a 45 degree 
horizontal field of view and a 30 degree vertical

[[Page 11]]

field of view simultaneously for each pilot; and
    (v) Has been evaluated, qualified, and approved by the 
Administrator.
    (6) Flight training means that training, other than ground training, 
received from an authorized instructor in flight in an aircraft.
    (7) Flight training device means a device that--
    (i) Is a full-size replica of the instruments, equipment, panels, 
and controls of an aircraft, or set of aircraft, in an open flight deck 
area or in an enclosed cockpit, including the hardware and software for 
the systems installed, that is necessary to simulate the aircraft in 
ground and flight operations;
    (ii) Need not have a force (motion) cueing or visual system; and
    (iii) Has been evaluated, qualified, and approved by the 
Administrator.
    (8) Ground training means that training, other than flight training, 
received from an authorized instructor.
    (9) Instrument approach means an approach procedure defined in part 
97 of this chapter.
    (10) Instrument training means that time in which instrument 
training is received from an authorized instructor under actual or 
simulated instrument conditions.
    (11) Knowledge test means a test on the aeronautical knowledge areas 
required for an airman certificate or rating that can be administered in 
written form or by a computer.
    (12) Pilot time means that time in which a person--
    (i) Serves as a required pilot flight crewmember;
    (ii) Receives training from an authorized instructor in an aircraft, 
flight simulator, or flight training device; or
    (iii) Gives training as an authorized instructor in an aircraft, 
flight simulator, or flight training device.
    (13) Practical test means a test on the areas of operations for an 
airman certificate, rating, or authorization that is conducted by having 
the applicant respond to questions and demonstrate maneuvers in flight, 
in a flight simulator, or in a flight training device.
    (14) Set of aircraft means aircraft that share similar performance 
characteristics, such as similar airspeed and altitude operating 
envelopes, similar handling characteristics, and the same number and 
type of propulsion systems.
    (15) Training time means training received--
    (i) In flight from an authorized instructor;
    (ii) On the ground from an authorized instructor; or
    (iii) In a flight simulator or flight training device from an 
authorized instructor.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40893, 
July 30, 1997]



Sec.  61.3  Requirement for certificates, ratings, and authorizations.

    (a) Pilot certificate. A person may not act as pilot in command or 
in any other capacity as a required pilot flight crewmember of a civil 
aircraft of U.S. registry, unless that person--
    (1) Has a valid pilot certificate or special purpose pilot 
authorization issued under this part in that person's physical 
possession or readily accessible in the aircraft when exercising the 
privileges of that pilot certificate or authorization. However, when the 
aircraft is operated within a foreign country, a current pilot license 
issued by the country in which the aircraft is operated may be used; and
    (2) Has a photo identification that is in that person's physical 
possession or readily accessible in the aircraft when exercising the 
privileges of that pilot certificate or authorization. The photo 
identification must be a:
    (i) Valid driver's license issued by a State, the District of 
Columbia, or territory or possession of the United States;
    (ii) Government identification card issued by the Federal 
government, a State, the District of Columbia, or a territory or 
possession of the United States;
    (iii) U.S. Armed Forces' identification card;
    (iv) Official passport;
    (v) Credential that authorizes unescorted access to a security 
identification display area at an airport regulated under 49 CFR part 
1542; or
    (vi) Other form of identification that the Administrator finds 
acceptable.

[[Page 12]]

    (b) Required pilot certificate for operating a foreign-registered 
aircraft. A person may not act as pilot in command or in any other 
capacity as a required pilot flight crewmember of a civil aircraft of 
foreign registry within the United States, unless that person's pilot 
certificate:
    (1) Is valid and in that person's physical possession, or readily 
accessible in the aircraft when exercising the privileges of that pilot 
certificate; and
    (2) Has been issued under this part, or has been issued or validated 
by the country in which the aircraft is registered.
    (c) Medical certificate. (1) Except as provided for in paragraph 
(c)(2) of this section, a person may not act as pilot in command or in 
any other capacity as a required pilot flight crewmember of an aircraft, 
under a certificate issued to that person under this part, unless that 
person has a current and appropriate medical certificate that has been 
issued under part 67 of this chapter, or other documentation acceptable 
to the Administrator, which is in that person's physical possession or 
readily accessible in the aircraft.
    (2) A person is not required to meet the requirements of paragraph 
(c)(1) of this section if that person--
    (i) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a glider category rating or 
balloon class rating;
    (ii) Is holding a pilot certificate with a balloon class rating and 
is piloting or providing training in a balloon as appropriate;
    (iii) Is holding a pilot certificate or a flight instructor 
certificate with a glider category rating, and is piloting or providing 
training in a glider, as appropriate;
    (iv) Except as provided in paragraph (c)(2)(iii) of this section, is 
exercising the privileges of a flight instructor certificate, provided 
the person is not acting as pilot in command or as a required pilot 
flight crewmember;
    (v) Is exercising the privileges of a ground instructor certificate;
    (vi) Is operating an aircraft within a foreign country using a pilot 
license issued by that country and possesses evidence of current medical 
qualification for that license; or
    (vii) Is operating an aircraft with a U.S. pilot certificate, issued 
on the basis of a foreign pilot license, issued under Sec.  61.75 of 
this part, and holds a current medical certificate issued by the foreign 
country that issued the foreign pilot license, which is in that person's 
physical possession or readily accessible in the aircraft when 
exercising the privileges of that airman certificate.
    (d) Flight instructor certificate. (1) A person who holds a flight 
instructor certificate issued under this part must have that 
certificate, or other documentation acceptable to the Administrator, in 
that person's physical possession or readily accessible in the aircraft 
when exercising the privileges of that flight instructor certificate.
    (2) Except as provided in paragraph (d)(3) of this section, no 
person other than the holder of a flight instructor certificate issued 
under this part with the appropriate rating on that certificate may--
    (i) Give training required to qualify a person for solo flight and 
solo cross-country flight;
    (ii) Endorse an applicant for a--
    (A) Pilot certificate or rating issued under this part;
    (B) Flight instructor certificate or rating issued under this part; 
or
    (C) Ground instructor certificate or rating issued under this part;
    (iii) Endorse a pilot logbook to show training given; or
    (iv) Endorse a student pilot certificate and logbook for solo 
operating privileges.
    (3) A flight instructor certificate issued under this part is not 
necessary--
    (i) Under paragraph (d)(2) of this section, if the training is given 
by the holder of a commercial pilot certificate with a lighter-than-air 
rating, provided the training is given in accordance with the privileges 
of the certificate in a lighter-than-air aircraft;
    (ii) Under paragraph (d)(2) of this section, if the training is 
given by the holder of an airline transport pilot certificate with a 
rating appropriate to the aircraft in which the training is given, 
provided the training is given in accordance with the privileges of the

[[Page 13]]

certificate and conducted in accordance with an approved air carrier 
training program approved under part 121 or part 135 of this chapter;
    (iii) Under paragraph (d)(2) of this section, if the training is 
given by a person who is qualified in accordance with subpart C of part 
142 of this chapter, provided the training is conducted in accordance 
with an approved part 142 training program;
    (iv) Under paragraphs (d)(2)(i), (d)(2)(ii)(C), and (d)(2)(iii) of 
this section, if the training is given by the holder of a ground 
instructor certificate in accordance with the privileges of the 
certificate; or
    (v) Under paragraph (d)(2)(iii) of this section, if the training is 
given by an authorized flight instructor under Sec.  61.41 of this part.
    (e) Instrument rating. No person may act as pilot in command of a 
civil aircraft under IFR or in weather conditions less than the minimums 
prescribed for VFR flight unless that person holds:
    (1) The appropriate aircraft category, class, type (if required), 
and instrument rating on that person's pilot certificate for any 
airplane, helicopter, or powered-lift being flown;
    (2) An airline transport pilot certificate with the appropriate 
aircraft category, class, and type rating (if required) for the aircraft 
being flown;
    (3) For a glider, a pilot certificate with a glider category rating 
and an airplane instrument rating; or
    (4) For an airship, a commercial pilot certificate with a lighter-
than-air category rating and airship class rating.
    (f) Category II pilot authorization. Except for a pilot conducting 
Category II operations under part 121 or part 135, a person may not:
    (1) Act as pilot in command of a civil aircraft during Category II 
operations unless that person--
    (i) Holds a current Category II pilot authorization for that 
category or class of aircraft, and the type of aircraft, if applicable; 
or
    (ii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as pilot in command of that 
aircraft in Category II operations.
    (2) Act as second in command of a civil aircraft during Category II 
operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category II operations.
    (g) Category III pilot authorization. Except for a pilot conducting 
Category III operations under part 121 or part 135, a person may not:
    (1) Act as pilot in command of a civil aircraft during Category III 
operations unless that person--
    (i) Holds a current Category III pilot authorization for that 
category or class of aircraft, and the type of aircraft, if applicable; 
or
    (ii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as pilot in command of that 
aircraft in Category III operations.
    (2) Act as second in command of a civil aircraft during Category III 
operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category III operations.
    (h) Category A aircraft pilot authorization. The Administrator may 
issue a certificate of authorization for a Category II or Category III 
operation to the pilot of a small aircraft that is a Category A 
aircraft, as identified in Sec.  97.3(b)(1) of this chapter if:
    (1) The Administrator determines that the Category II or Category 
III operation can be performed safely by that pilot under the terms of 
the certificate of authorization; and

[[Page 14]]

    (2) The Category II or Category III operation does not involve the 
carriage of persons or property for compensation or hire.
    (i) Ground instructor certificate. (1) Each person who holds a 
ground instructor certificate issued under this part or part 143 must 
have that certificate in that person's physical possession or 
immediately accessible when exercising the privileges of that 
certificate.
    (2) Except as provided in paragraph (i)(3) of this section, no 
person other than the holder of a ground instructor certificate, issued 
under this part or part 143, with the appropriate rating on that 
certificate may--
    (i) Give ground training required to qualify a person for solo 
flight and solo cross-country flight;
    (ii) Endorse an applicant for a knowledge test required for a pilot, 
flight instructor, or ground instructor certificate or rating issued 
under this part; or
    (iii) Endorse a pilot logbook to show ground training given.
    (3) A ground instructor certificate issued under this part is not 
necessary--
    (i) Under paragraph (i)(2) of this section, if the training is given 
by the holder of a flight instructor certificate issued under this part 
in accordance with the privileges of that certificate;
    (ii) Under paragraph (i)(2) of this section, if the training is 
given by the holder of a commercial pilot certificate with a lighter-
than-air rating, provided the training is given in accordance with the 
privileges of the certificate in a lighter-than-air aircraft;
    (iii) Under paragraph (i)(2) of this section, if the training is 
given by the holder of an airline transport pilot certificate with a 
rating appropriate to the aircraft in which the training is given, 
provided the training is given in accordance with the privileges of the 
certificate and conducted in accordance with an approved air carrier 
training program approved under part 121 or part 135 of this chapter;
    (iv) Under paragraph (i)(2) of this section, if the training is 
given by a person who is qualified in accordance with subpart C of part 
142 of this chapter, provided the training is conducted in accordance 
with an approved part 142 training program; or
    (v) Under paragraph (i)(2)(iii) of this section, if the training is 
given by an authorized flight instructor under Sec.  61.41 of this part.
    (j) Age limitation for certain operations.
    (1) Age limitation. Except as provided in paragraph (j)(3) of this 
section, no person who holds a pilot certificate issued under this part 
shall serve as a pilot on a civil airplane of U.S. registry in the 
following operations if the person has reached his or her 60th 
birthday--
    (i) Scheduled international air services carrying passengers in 
turbojet-powered airplanes;
    (ii) Scheduled international air services carrying passengers in 
airplanes having a passenger-seat configuration of more than nine 
passenger seats, excluding each crewmember seat;
    (iii) Nonscheduled international air transportation for compensation 
or hire in airplanes having a passenger-seat configuration of more than 
30 passenger seats, excluding each crewmember seat; or
    (iv) Scheduled international air services, or nonscheduled 
international air transportation for compensation or hire, in airplanes 
having a payload capacity of more than 7,500 pounds.
    (2) Definitions. (i) ``International air service,'' as used in 
paragraph (j) of this section, means scheduled air service performed in 
airplanes for the public transport of passengers, mail, or cargo, in 
which the service passes through the airspace over the territory of more 
than one country.
    (ii) ``International air transportation,'' as used in paragraph (j) 
of this section, means air transportation performed in airplanes for the 
public transport of passengers, mail, or cargo, in which the service 
passes through the airspace over the territory of more than one country.
    (3) Delayed pilot age limitation. Until December 20, 1999, a person 
may serve as a pilot in operations covered by this paragraph after that 
person has reached his or her 60th birthday if, on March 20, 1997, that 
person was employed as a pilot in operations covered by this paragraph.

[[Page 15]]

    (k) Special purpose pilot authorization. Any person that is required 
to hold a special purpose pilot authorization, issued in accordance with 
Sec.  61.77 of this part, must have that authorization and the person's 
foreign pilot license in that person's physical possession or have it 
readily accessible in the aircraft when exercising the privileges of 
that authorization.
    (l) Inspection of certificate. Each person who holds an airman 
certificate, medical certificate, authorization, or license required by 
this part must present it and their photo identification as described in 
paragraph (a)(2) of this section for inspection upon a request from:
    (1) The Administrator;
    (2) An authorized representative of the National Transportation 
Safety Board;
    (3) Any Federal, State, or local law enforcement officer; or
    (4) An authorized representative of the Transportation Security 
Administration.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40894, 
July 30, 1997; Amdt. 61-107, 67 FR 65861, Oct. 28, 2002]



Sec.  61.4  Qualification and approval of flight simulators and flight 
training devices.

    (a) Except as specified in paragraph (b) or (c) of this section, 
each flight simulator and flight training device used for training, and 
for which an airman is to receive credit to satisfy any training, 
testing, or checking requirement under this chapter, must be qualified 
and approved by the Administrator for--
    (1) The training, testing, and checking for which it is used;
    (2) Each particular maneuver, procedure, or crewmember function 
performed; and
    (3) The representation of the specific category and class of 
aircraft, type of aircraft, particular variation within the type of 
aircraft, or set of aircraft for certain flight training devices.
    (b) Any device used for flight training, testing, or checking that 
has been determined to be acceptable to or approved by the Administrator 
prior to August 1, 1996, which can be shown to function as originally 
designed, is considered to be a flight training device, provided it is 
used for the same purposes for which it was originally accepted or 
approved and only to the extent of such acceptance or approval.
    (c) The Administrator may approve a device other than a flight 
simulator or flight training device for specific purposes.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997]



Sec.  61.5  Certificates and ratings issued under this part.

    (a) The following certificates are issued under this part to an 
applicant who satisfactorily accomplishes the training and certification 
requirements for the certificate sought:
    (1) Pilot certificates--
    (i) Student pilot.
    (ii) Recreational pilot.
    (iii) Private pilot.
    (iv) Commercial pilot.
    (v) Airline transport pilot.
    (2) Flight instructor certificates.
    (3) Ground instructor certificates.
    (b) The following ratings are placed on a pilot certificate (other 
than student pilot) when an applicant satisfactorily accomplishes the 
training and certification requirements for the rating sought:
    (1) Aircraft category ratings--
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.
    (iv) Lighter-than-air.
    (v) Powered-lift.
    (2) Airplane class ratings--
    (i) Single-engine land.
    (ii) Multiengine land.
    (iii) Single-engine sea.
    (iv) Multiengine sea.
    (3) Rotorcraft class ratings--
    (i) Helicopter.
    (ii) Gyroplane.
    (4) Lighter-than-air class ratings--
    (i) Airship.
    (ii) Balloon.
    (5) Aircraft type ratings--
    (i) Large aircraft other than lighter-than-air.
    (ii) Turbojet-powered airplanes.
    (iii) Other aircraft type ratings specified by the Administrator 
through the aircraft type certification procedures.

[[Page 16]]

    (6) Instrument ratings (on private and commercial pilot certificates 
only)--
    (i) Instrument--Airplane.
    (ii) Instrument--Helicopter.
    (iii) Instrument--Powered-lift.
    (c) The following ratings are placed on a flight instructor 
certificate when an applicant satisfactorily accomplishes the training 
and certification requirements for the rating sought:
    (1) Aircraft category ratings--
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.
    (iv) Powered-lift.
    (2) Airplane class ratings--
    (i) Single-engine.
    (ii) Multiengine.
    (3) Rotorcraft class ratings--
    (i) Helicopter.
    (ii) Gyroplane.
    (4) Instrument ratings--
    (i) Instrument--Airplane.
    (ii) Instrument--Helicopter.
    (iii) Instrument--Powered-lift.
    (d) The following ratings are placed on a ground instructor 
certificate when an applicant satisfactorily accomplishes the training 
and certification requirements for the rating sought:
    (1) Basic.
    (2) Advanced.
    (3) Instrument.



Sec.  61.7  Obsolete certificates and ratings.

    (a) The holder of a free-balloon pilot certificate issued before 
November 1, 1973, may not exercise the privileges of that certificate.
    (b) The holder of a pilot certificate that bears any of the 
following category ratings without an associated class rating may not 
exercise the privileges of that category rating:
    (1) Rotorcraft.
    (2) Lighter-than-air.
    (3) Helicopter.
    (4) Autogyro.



Sec.  61.9  [Reserved]



Sec.  61.11   Expired pilot certificates and reissuance.

    (a) No person who holds an expired pilot certificate or rating may:
    (1) Exercise the privileges of that pilot certificate or rating; or
    (2) Act as pilot in command or as a required pilot flight crewmember 
of an aircraft of the same category and class specified on the expired 
pilot certificate or rating.
    (b) The following pilot certificates and ratings have expired and 
will not be reissued:
    (1) An airline transport pilot certificate issued before May 1, 
1949, or an airline transport pilot certificate that contains a 
horsepower limitation;
    (2) A private or commercial pilot certificate issued before July 1, 
1945; and
    (3) A pilot certificate with a lighter-than-air or free-balloon 
rating issued before July 1, 1945.
    (c) A pilot certificate issued on the basis of a foreign pilot 
license will expire on the date the foreign license expires unless 
otherwise specified on the U.S. pilot certificate. A certificate without 
an expiration date is issued to the holder of the expired certificate 
only if that person meets the requirements of Sec.  61.75 for the 
issuance of a pilot certificate based on a foreign pilot license.
    (d) An airline transport pilot certificate issued after April 30, 
1949, that bears an expiration date but does not contain a horsepower 
limitation may be reissued without an expiration date.
    (e) A private or commercial pilot certificate issued after June 30, 
1945, that bears an expiration date may be reissued without an 
expiration date.
    (f) A pilot certificate with a lighter-than-air or free-balloon 
rating issued after June 30, 1945, that bears an expiration date may be 
reissued without an expiration date.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997]



Sec.  61.13  Issuance of airman certificates, ratings, and authorizations.

    (a) Application. (1) An applicant for an airman certificate, rating, 
or authorization under this part must make that application on a form 
and in a manner acceptable to the Administrator.
    (2) An applicant who is neither a citizen of the United States nor a 
resident alien of the United States--
    (i) Must show evidence that the appropriate fee prescribed in 
appendix A

[[Page 17]]

to part 187 of this chapter has been paid when that person applies for 
a--
    (A) Student pilot certificate that is issued outside the United 
States; or
    (B) Knowledge test or practical test for an airman certificate or 
rating issued under this part, if the test is administered outside the 
United States.
    (ii) May be refused issuance of any U.S. airman certificate, rating, 
or authorization by the Administrator.
    (3) Except as provided in paragraph (a)(2)(ii) of this section, an 
applicant who satisfactorily accomplishes the training and certification 
requirements for the certificate, rating, or authorization sought is 
entitled to receive that airman certificate, rating, or authorization.
    (b) Limitations. (1) An applicant who cannot comply with certain 
areas of operation required on the practical test because of physical 
limitations may be issued an airman certificate, rating, or 
authorization with the appropriate limitation placed on the applicant's 
airman certificate provided the--
    (i) Applicant is able to meet all other certification requirements 
for the airman certificate, rating, or authorization sought;
    (ii) Physical limitation has been recorded with the FAA on the 
applicant's medical records; and
    (iii) Administrator determines that the applicant's inability to 
perform the particular area of operation will not adversely affect 
safety.
    (2) A limitation placed on a person's airman certificate may be 
removed, provided that person demonstrates for an examiner satisfactory 
proficiency in the area of operation appropriate to the airman 
certificate, rating, or authorization sought.
    (c) Additional requirements for Category II and Category III pilot 
authorizations. (1) A Category II or Category III pilot authorization is 
issued by a letter of authorization as part of an applicant's instrument 
rating or airline transport pilot certificate.
    (2) Upon original issue, the authorization contains the following 
limitations:
    (i) For Category II operations, the limitation is 1,600 feet RVR and 
a 150-foot decision height; and
    (ii) For Category III operations, each initial limitation is 
specified in the authorization document.
    (3) The limitations on a Category II or Category III pilot 
authorization may be removed as follows:
    (i) In the case of Category II limitations, a limitation is removed 
when the holder shows that, since the beginning of the sixth preceding 
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument 
conditions.
    (ii) In the case of Category III limitations, a limitation is 
removed as specified in the authorization.
    (4) To meet the experience requirements of paragraph (c)(3) of this 
section, and for the practical test required by this part for a Category 
II or a Category III pilot authorization, a flight simulator or flight 
training device may be used if it is approved by the Administrator for 
such use.
    (d) Application during suspension or revocation. (1) Unless 
otherwise authorized by the Administrator, a person whose pilot, flight 
instructor, or ground instructor certificate has been suspended may not 
apply for any certificate, rating, or authorization during the period of 
suspension.
    (2) Unless otherwise authorized by the Administrator, a person whose 
pilot, flight instructor, or ground instructor certificate has been 
revoked may not apply for any certificate, rating, or authorization for 
1 year after the date of revocation.

[Doc. No. 25910, 62 FR 40895, July 30, 1997]



Sec.  61.14  Refusal to submit to a drug or alcohol test.

    (a) This section applies to an employee who performs a function 
listed in appendix I to part 121 or appendix J to part 121 of this 
chapter directly or by contract for a part 121 air carrier, a part 135 
air carrier, or for a person conducting operations as specified in Sec.  
135.1(a)(5) of this chapter.
    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for:

[[Page 18]]

    (1) Denial of an application for any certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of such refusal; and
    (2) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.



Sec.  61.15  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or State statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marijuana, 
or depressant or stimulant drugs or substances is grounds for:
    (1) Denial of an application for any certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of final conviction; or
    (2) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.
    (b) Committing an act prohibited by Sec.  91.17(a) or Sec.  91.19(a) 
of this chapter is grounds for:
    (1) Denial of an application for a certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of that act; or
    (2) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.
    (c) For the purposes of paragraphs (d), (e), and (f) of this 
section, a motor vehicle action means:
    (1) A conviction after November 29, 1990, for the violation of any 
Federal or State statute relating to the operation of a motor vehicle 
while intoxicated by alcohol or a drug, while impaired by alcohol or a 
drug, or while under the influence of alcohol or a drug;
    (2) The cancellation, suspension, or revocation of a license to 
operate a motor vehicle after November 29, 1990, for a cause related to 
the operation of a motor vehicle while intoxicated by alcohol or a drug, 
while impaired by alcohol or a drug, or while under the influence of 
alcohol or a drug; or
    (3) The denial after November 29, 1990, of an application for a 
license to operate a motor vehicle for a cause related to the operation 
of a motor vehicle while intoxicated by alcohol or a drug, while 
impaired by alcohol or a drug, or while under the influence of alcohol 
or a drug.
    (d) Except for a motor vehicle action that results from the same 
incident or arises out of the same factual circumstances, a motor 
vehicle action occurring within 3 years of a previous motor vehicle 
action is grounds for:
    (1) Denial of an application for any certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of the last motor vehicle action; or
    (2) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.
    (e) Each person holding a certificate issued under this part shall 
provide a written report of each motor vehicle action to the FAA, Civil 
Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 
73125, not later than 60 days after the motor vehicle action. The report 
must include:
    (1) The person's name, address, date of birth, and airman 
certificate number;
    (2) The type of violation that resulted in the conviction or the 
administrative action;
    (3) The date of the conviction or administrative action;
    (4) The State that holds the record of conviction or administrative 
action; and
    (5) A statement of whether the motor vehicle action resulted from 
the same incident or arose out of the same factual circumstances related 
to a previously reported motor vehicle action.
    (f) Failure to comply with paragraph (e) of this section is grounds 
for:
    (1) Denial of an application for any certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of the motor vehicle action; or
    (2) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.



Sec.  61.16  Refusal to submit to an alcohol test or to furnish test results.

    A refusal to submit to a test to indicate the percentage by weight 
of alcohol in the blood, when requested by a law enforcement officer in 
accordance

[[Page 19]]

with Sec.  91.17(c) of this chapter, or a refusal to furnish or 
authorize the release of the test results requested by the Administrator 
in accordance with Sec.  91.17(c) or (d) of this chapter, is grounds 
for:
    (a) Denial of an application for any certificate, rating, or 
authorization issued under this part for a period of up to 1 year after 
the date of that refusal; or
    (b) Suspension or revocation of any certificate, rating, or 
authorization issued under this part.



Sec.  61.17  Temporary certificate.

    (a) A temporary pilot, flight instructor, or ground instructor 
certificate or rating is issued for up to 120 days, at which time a 
permanent certificate will be issued to a person whom the Administrator 
finds qualified under this part.
    (b) A temporary pilot, flight instructor, or ground instructor 
certificate or rating expires:
    (1) On the expiration date shown on the certificate;
    (2) Upon receipt of the permanent certificate; or
    (3) Upon receipt of a notice that the certificate or rating sought 
is denied or revoked.



Sec.  61.18  Security disqualification.

    (a)Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's final threat assessment review an application for any 
certificate, rating, or authorization under this part by any person who 
has been issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. FAA-2003-14293, 68 FR 3774, Jan. 24, 2003]



Sec.  61.19  Duration of pilot and instructor certificates.

    (a) General. The holder of a certificate with an expiration date may 
not, after that date, exercise the privileges of that certificate.
    (b) Student pilot certificate. A student pilot certificate expires 
24 calendar months from the month in which it is issued.
    (c) Other pilot certificates. A pilot certificate (other than a 
student pilot certificate) issued under this part is issued without a 
specific expiration date. The holder of a pilot certificate issued on 
the basis of a foreign pilot license may exercise the privileges of that 
certificate only while that person's foreign pilot license is effective.
    (d) Flight instructor certificate. A flight instructor certificate:
    (1) Is effective only while the holder has a current pilot 
certificate; and
    (2) Except as specified in Sec.  61.197(b) of this part, expires 24 
calendar months from the month in which it was issued or renewed.
    (e) Ground instructor certificate. A ground instructor certificate 
issued under this part is issued without a specific expiration date.
    (f) Surrender, suspension, or revocation. Any certificate issued 
under this part ceases to be effective if it is surrendered, suspended, 
or revoked.
    (g) Return of certificates. The holder of any certificate issued 
under this part that has been suspended or revoked must return that 
certificate to the FAA when requested to do so by the Administrator.

[[Page 20]]



Sec.  61.21  Duration of a Category II and a Category III pilot 
authorization (for other than part 121 and part 135 use).

    (a) A Category II pilot authorization or a Category III pilot 
authorization expires at the end of the sixth calendar month after the 
month in which it was issued or renewed.
    (b) Upon passing a practical test for a Category II or Category III 
pilot authorization, the authorization may be renewed for each type of 
aircraft for which the authorization is held.
    (c) A Category II or Category III pilot authorization for a specific 
type aircraft for which an authorization is held will not be renewed 
beyond 12 calendar months from the month the practical test was 
accomplished in that type aircraft.
    (d) If the holder of a Category II or Category III pilot 
authorization passes the practical test for a renewal in the month 
before the authorization expires, the holder is considered to have 
passed it during the month the authorization expired.



Sec.  61.23  Medical certificates: Requirement and duration.

    (a) Operations requiring a medical certificate. Except as provided 
in paragraph (b) of this section, a person:
    (1) Must hold a first-class medical certificate when exercising the 
privileges of an airline transport pilot certificate;
    (2) Must hold at least a second-class medical certificate when 
exercising the privileges of a commercial pilot certificate; or
    (3) Must hold at least a third-class medical certificate--
    (i) When exercising the privileges of a private pilot certificate;
    (ii) When exercising the privileges of a recreational pilot 
certificate;
    (iii) Except as specified in paragraph (b)(3) of this section, when 
exercising the privileges of a student pilot certificate;
    (iv) When exercising the privileges of a flight instructor 
certificate, except for a flight instructor certificate with a glider 
category rating, if the person is acting as the pilot in command or is 
serving as a required pilot flight crewmember; or
    (v) Except for a glider category rating or a balloon class rating, 
prior to taking a practical test that is performed in an aircraft for a 
certificate or rating at the recreational, private, commercial, or 
airline transport pilot certificate level.
    (b) Operations not requiring a medical certificate. A person is not 
required to hold a medical certificate:
    (1) When exercising the privileges of a pilot certificate with a 
glider category rating;
    (2) When exercising the privileges of a pilot certificate with a 
balloon class rating;
    (3) When exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a glider category rating or 
balloon class rating;
    (4) When exercising the privileges of a flight instructor 
certificate with a glider category rating;
    (5) When exercising the privileges of a flight instructor 
certificate if the person is not acting as pilot in command or serving 
as a required pilot flight crewmember;
    (6) When exercising the privileges of a ground instructor 
certificate;
    (7) When serving as an examiner or check airman during the 
administration of a test or check for a certificate, rating, or 
authorization conducted in a flight simulator or flight training device; 
or
    (8) When taking a test or check for a certificate, rating, or 
authorization conducted in a flight simulator or flight training device.
    (c) Duration of a medical certificate. (1) A first-class medical 
certificate expires at the end of the last day of--
    (i) The sixth month after the month of the date of examination shown 
on the certificate for operations requiring an airline transport pilot 
certificate;
    (ii) The 12th month after the month of the date of examination shown 
on the certificate for operations requiring a commercial pilot 
certificate or an air traffic control tower operator certificate; and
    (iii) The period specified in paragraph (c)(3) of this section for 
operations requiring a recreational pilot certificate, a private pilot 
certificate, a flight instructor certificate (when acting as pilot in 
command or a required pilot

[[Page 21]]

flight crewmember in operations other than glider or balloon), or a 
student pilot certificate.
    (2) A second-class medical certificate expires at the end of the 
last day of--
    (i) The 12th month after the month of the date of examination shown 
on the certificate for operations requiring a commercial pilot 
certificate or an air traffic control tower operator certificate; and
    (ii) The period specified in paragraph (c)(3) of this section for 
operations requiring a recreational pilot certificate, a private pilot 
certificate, a flight instructor certificate (when acting as pilot in 
command or a required pilot flight crewmember in operations other than 
glider or balloon), or a student pilot certificate.
    (3) A third-class medical certificate for operations requiring a 
recreational pilot certificate, a private pilot certificate, a flight 
instructor certificate (when acting as pilot in command or a required 
pilot flight crewmember in operations other than glider or balloon), or 
a student pilot certificate issued--
    (i) Before September 16, 1996, expires at the end of the 24th month 
after the month of the date of examination shown on the certificate; or
    (ii) On or after September 16, 1996, expires at the end of:
    (A) The 36th month after the month of the date of the examination 
shown on the certificate if the person has not reached his or her 40th 
birthday on or before the date of examination; or
    (B) The 24th month after the month of the date of the examination 
shown on the certificate if the person has reached his or her 40th 
birthday on or before the date of the examination.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, 
July 30, 1997]



Sec.  61.25  Change of name.

    (a) An application to change the name on a certificate issued under 
this part must be accompanied by the applicant's:
    (1) Current airman certificate; and
    (2) A copy of the marriage license, court order, or other document 
verifying the name change.
    (b) The documents in paragraph (a) of this section will be returned 
to the applicant after inspection.



Sec.  61.27  Voluntary surrender or exchange of certificate.

    (a) The holder of a certificate issued under this part may 
voluntarily surrender it for:
    (1) Cancellation;
    (2) Issuance of a lower grade certificate; or
    (3) Another certificate with specific ratings deleted.
    (b) Any request made under paragraph (a) of this section must 
include the following signed statement or its equivalent: ``This request 
is made for my own reasons, with full knowledge that my (insert name of 
certificate or rating, as appropriate) may not be reissued to me unless 
I again pass the tests prescribed for its issuance.''



Sec.  61.29  Replacement of a lost or destroyed airman or medical 
certificate or knowledge test report.

    (a) A request for the replacement of a lost or destroyed airman 
certificate issued under this part must be made by letter to the 
Department of Transportation, FAA, Airman Certification Branch, P.O. Box 
25082, Oklahoma City, OK 73125, and must be accompanied by a check or 
money order for the appropriate fee payable to the FAA.
    (b) A request for the replacement of a lost or destroyed medical 
certificate must be made by letter to the Department of Transportation, 
FAA, Aeromedical Certification Branch, P.O. Box 25082, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA.
    (c) A request for the replacement of a lost or destroyed knowledge 
test report must be made by letter to the Department of Transportation, 
FAA, Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA.
    (d) The letter requesting replacement of a lost or destroyed airman 
certificate, medical certificate, or knowledge test report must state:
    (1) The name of the person;

[[Page 22]]

    (2) The permanent mailing address (including ZIP code), or if the 
permanent mailing address includes a post office box number, then the 
person's current residential address;
    (3) The social security number;
    (4) The date and place of birth of the certificate holder; and
    (5) Any available information regarding the--
    (i) Grade, number, and date of issuance of the certificate, and the 
ratings, if applicable;
    (ii) Date of the medical examination, if applicable; and
    (iii) Date the knowledge test was taken, if applicable.
    (e) A person who has lost an airman certificate, medical 
certificate, or knowledge test report may obtain a facsimile from the 
FAA Aeromedical Certification Branch or the Airman Certification Branch, 
as appropriate, confirming that it was issued and the:
    (1) Facsimile may be carried as an airman certificate, medical 
certificate, or knowledge test report, as appropriate, for up to 60 days 
pending the person's receipt of a duplicate under paragraph (a), (b), or 
(c) of this section, unless the person has been notified that the 
certificate has been suspended or revoked.
    (2) Request for such a facsimile must include the date on which a 
duplicate certificate or knowledge test report was previously requested.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40896, 
July 30, 1997]



Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

    (a) Type ratings required. A person who acts as a pilot in command 
of any of the following aircraft must hold a type rating for that 
aircraft:
    (1) Large aircraft (except lighter-than-air).
    (2) Turbojet-powered airplanes.
    (3) Other aircraft specified by the Administrator through aircraft 
type certificate procedures.
    (b) Authorization in lieu of a type rating. A person may be 
authorized to operate without a type rating for up to 60 days an 
aircraft requiring a type rating, provided--
    (1) The Administrator has authorized the flight or series of 
flights;
    (2) The Administrator has determined that an equivalent level of 
safety can be achieved through the operating limitations on the 
authorization;
    (3) The person shows that compliance with paragraph (a) of this 
section is impracticable for the flight or series of flights; and
    (4) The flight--
    (i) Involves only a ferry flight, training flight, test flight, or 
practical test for a pilot certificate or rating;
    (ii) Is within the United States;
    (iii) Does not involve operations for compensation or hire unless 
the compensation or hire involves payment for the use of the aircraft 
for training or taking a practical test; and
    (iv) Involves only the carriage of flight crewmembers considered 
essential for the flight.
    (5) If the flight or series of flights cannot be accomplished within 
the time limit of the authorization, the Administrator may authorize an 
additional period of up to 60 days to accomplish the flight or series of 
flights.
    (c) Aircraft category, class, and type ratings: Limitations on the 
carriage of persons, or operating for compensation or hire. Unless a 
person holds a category, class, and type rating (if a class and type 
rating is required) that applies to the aircraft, that person may not 
act as pilot in command of an aircraft that is carrying another person, 
or is operated for compensation or hire. That person also may not act as 
pilot in command of that aircraft for compensation or hire.
    (d) Aircraft category, class, and type ratings: Limitations on 
operating an aircraft as the pilot in command. To serve as the pilot in 
command of an aircraft, a person must--
    (1) Hold the appropriate category, class, and type rating (if a 
class rating and type rating are required) for the aircraft to be flown;
    (2) Be receiving training for the purpose of obtaining an additional 
pilot certificate and rating that are appropriate to that aircraft, and 
be under the supervision of an authorized instructor; or

[[Page 23]]

    (3) Have received training required by this part that is appropriate 
to the aircraft category, class, and type rating (if a class or type 
rating is required) for the aircraft to be flown, and have received the 
required endorsements from an instructor who is authorized to provide 
the required endorsements for solo flight in that aircraft.
    (e) Additional training required for operating complex airplanes. 
(1) Except as provided in paragraph (e)(2) of this section, no person 
may act as pilot in command of a complex airplane (an airplane that has 
a retractable landing gear, flaps, and a controllable pitch propeller; 
or, in the case of a seaplane, flaps and a controllable pitch 
propeller), unless the person has--
    (i) Received and logged ground and flight training from an 
authorized instructor in a complex airplane, or in a flight simulator or 
flight training device that is representative of a complex airplane, and 
has been found proficient in the operation and systems of the airplane; 
and
    (ii) Received a one-time endorsement in the pilot's logbook from an 
authorized instructor who certifies the person is proficient to operate 
a complex airplane.
    (2) The training and endorsement required by paragraph (e)(1) of 
this section is not required if the person has logged flight time as 
pilot in command of a complex airplane, or in a flight simulator or 
flight training device that is representative of a complex airplane 
prior to August 4, 1997.
    (f) Additional training required for operating high-performance 
airplanes. (1) Except as provided in paragraph (f)(2) of this section, 
no person may act as pilot in command of a high-performance airplane (an 
airplane with an engine of more than 200 horsepower), unless the person 
has--
    (i) Received and logged ground and flight training from an 
authorized instructor in a high-performance airplane, or in a flight 
simulator or flight training device that is representative of a high-
performance airplane, and has been found proficient in the operation and 
systems of the airplane; and
    (ii) Received a one-time endorsement in the pilot's logbook from an 
authorized instructor who certifies the person is proficient to operate 
a high-performance airplane.
    (2) The training and endorsement required by paragraph (f)(1) of 
this section is not required if the person has logged flight time as 
pilot in command of a high-performance airplane, or in a flight 
simulator or flight training device that is representative of a high-
performance airplane prior to August 4, 1997.
    (g) Additional training required for operating pressurized aircraft 
capable of operating at high altitudes. (1) Except as provided in 
paragraph (g)(3) of this section, no person may act as pilot in command 
of a pressurized aircraft (an aircraft that has a service ceiling or 
maximum operating altitude, whichever is lower, above 25,000 feet MSL), 
unless that person has received and logged ground training from an 
authorized instructor and obtained an endorsement in the person's 
logbook or training record from an authorized instructor who certifies 
the person has satisfactorily accomplished the ground training. The 
ground training must include at least the following subjects:
    (i) High-altitude aerodynamics and meteorology;
    (ii) Respiration;
    (iii) Effects, symptoms, and causes of hypoxia and any other high-
altitude sickness;
    (iv) Duration of consciousness without supplemental oxygen;
    (v) Effects of prolonged usage of supplemental oxygen;
    (vi) Causes and effects of gas expansion and gas bubble formation;
    (vii) Preventive measures for eliminating gas expansion, gas bubble 
formation, and high-altitude sickness;
    (viii) Physical phenomena and incidents of decompression; and
    (ix) Any other physiological aspects of high-altitude flight.
    (2) Except as provided in paragraph (g)(3) of this section, no 
person may act as pilot in command of a pressurized aircraft unless that 
person has received and logged training from an authorized instructor in 
a pressurized aircraft, or in a flight simulator or flight training 
device that is representative of a pressurized aircraft, and obtained an 
endorsement in the person's logbook or

[[Page 24]]

training record from an authorized instructor who found the person 
proficient in the operation of a pressurized aircraft. The flight 
training must include at least the following subjects:
    (i) Normal cruise flight operations while operating above 25,000 
feet MSL;
    (ii) Proper emergency procedures for simulated rapid decompression 
without actually depressurizing the aircraft; and
    (iii) Emergency descent procedures.
    (3) The training and endorsement required by paragraphs (g)(1) and 
(g)(2) of this section are not required if that person can document 
satisfactory accomplishment of any of the following in a pressurized 
aircraft, or in a flight simulator or flight training device that is 
representative of a pressurized aircraft:
    (i) Serving as pilot in command before April 15, 1991;
    (ii) Completing a pilot proficiency check for a pilot certificate or 
rating before April 15, 1991;
    (iii) Completing an official pilot-in-command check conducted by the 
military services of the United States; or
    (iv) Completing a pilot-in-command proficiency check under part 121, 
125, or 135 of this chapter conducted by the Administrator or by an 
approved pilot check airman.
    (h) Additional aircraft type-specific training. No person may serve 
as pilot in command of an aircraft that the Administrator has determined 
requires aircraft type-specific training unless that person has--
    (1) Received and logged type-specific training in the aircraft, or 
in a flight simulator or flight training device that is representative 
of that type of aircraft; and
    (2) Received a logbook endorsement from an authorized instructor who 
has found the person proficient in the operation of the aircraft and its 
systems.
    (i) Additional training required for operating tailwheel airplanes. 
(1) Except as provided in paragraph (i)(2) of this section, no person 
may act as pilot in command of a tailwheel airplane unless that person 
has received and logged flight training from an authorized instructor in 
a tailwheel airplane and received an endorsement in the person's logbook 
from an authorized instructor who found the person proficient in the 
operation of a tailwheel airplane. The flight training must include at 
least the following maneuvers and procedures:
    (i) Normal and crosswind takeoffs and landings;
    (ii) Wheel landings (unless the manufacturer has recommended against 
such landings); and
    (iii) Go-around procedures.
    (2) The training and endorsement required by paragraph (i)(1) of 
this section is not required if the person logged pilot-in-command time 
in a tailwheel airplane before April 15, 1991.
    (j) Additional training required for operating a glider. (1) No 
person may act as pilot in command of a glider--
    (i) Using ground-tow procedures, unless that person has 
satisfactorily accomplished ground and flight training on ground-tow 
procedures and operations, and has received an endorsement from an 
authorized instructor who certifies in that pilot's logbook that the 
pilot has been found proficient in ground-tow procedures and operations;
    (ii) Using aerotow procedures, unless that person has satisfactorily 
accomplished ground and flight training on aerotow procedures and 
operations, and has received an endorsement from an authorized 
instructor who certifies in that pilot's logbook that the pilot has been 
found proficient in aerotow procedures and operations; or
    (iii) Using self-launch procedures, unless that person has 
satisfactorily accomplished ground and flight training on self-launch 
procedures and operations, and has received an endorsement from an 
authorized instructor who certifies in that pilot's logbook that the 
pilot has been found proficient in self-launch procedures and 
operations.
    (2) The holder of a glider rating issued prior to August 4, 1997, is 
considered to be in compliance with the training and logbook endorsement 
requirements of this paragraph for the specific operating privilege for 
which the holder is already qualified.
    (k) Exceptions. (1) This section does not require a category and 
class rating for aircraft not type certificated as airplanes, 
rotorcraft, or lighter-than-air

[[Page 25]]

aircraft, or a class rating for gliders or powered-lifts.
    (2) The rating limitations of this section do not apply to--
    (i) An applicant when taking a practical test given by an examiner;
    (ii) The holder of a student pilot certificate;
    (iii) The holder of a pilot certificate when operating an aircraft 
under the authority of an experimental or provisional aircraft type 
certificate;
    (iv) The holder of a pilot certificate with a lighter-than-air 
category rating when operating a balloon; or
    (v) The holder of a recreational pilot certificate operating under 
the provisions of Sec.  61.101(h).

[Doc. No. 25910, 62 FR 40896, July 30, 1997, as amended by Amdt. 61-104, 
63 FR 20286, Apr. 23, 1998]



Sec.  61.33  Tests: General procedure.

    Tests prescribed by or under this part are given at times and 
places, and by persons designated by the Administrator.



Sec.  61.35  Knowledge test: Prerequisites and passing grades.

    (a) An applicant for a knowledge test must have:
    (1) Received an endorsement, if required by this part, from an 
authorized instructor certifying that the applicant accomplished the 
appropriate ground-training or a home-study course required by this part 
for the certificate or rating sought and is prepared for the knowledge 
test; and
    (2) Proper identification at the time of application that contains 
the applicant's--
    (i) Photograph;
    (ii) Signature;
    (iii) Date of birth, which shows the applicant meets or will meet 
the age requirements of this part for the certificate sought before the 
expiration date of the airman knowledge test report; and
    (iv) Actual residential address, if different from the applicant's 
mailing address.
    (b) The Administrator shall specify the minimum passing grade for 
the knowledge test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-104, 
63 FR 20286, Apr. 23, 1998]



Sec.  61.37  Knowledge tests: Cheating or other unauthorized conduct.

    (a) An applicant for a knowledge test may not:
    (1) Copy or intentionally remove any knowledge test;
    (2) Give to another applicant or receive from another applicant any 
part or copy of a knowledge test;
    (3) Give assistance on, or receive assistance on, a knowledge test 
during the period that test is being given;
    (4) Take any part of a knowledge test on behalf of another person;
    (5) Be represented by, or represent, another person for a knowledge 
test;
    (6) Use any material or aid during the period that the test is being 
given, unless specifically authorized to do so by the Administrator; and
    (7) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) An applicant who the Administrator finds has committed an act 
prohibited by paragraph (a) of this section is prohibited, for 1 year 
after the date of committing that act, from:
    (1) Applying for any certificate, rating, or authorization issued 
under this chapter; and
    (2) Applying for and taking any test under this chapter.
    (c) Any certificate or rating held by an applicant may be suspended 
or revoked if the Administrator finds that person has committed an act 
prohibited by paragraph (a) of this section.



Sec.  61.39  Prerequisites for practical tests.

    (a) Except as provided in paragraphs (b) and (c) of this section, to 
be eligible for a practical test for a certificate or rating issued 
under this part, an applicant must:
    (1) Pass the required knowledge test within the 24-calendar-month 
period preceding the month the applicant

[[Page 26]]

completes the practical test, if a knowledge test is required;
    (2) Present the knowledge test report at the time of application for 
the practical test, if a knowledge test is required;
    (3) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought;
    (4) Hold at least a current third-class medical certificate, if a 
medical certificate is required;
    (5) Meet the prescribed age requirement of this part for the 
issuance of the certificate or rating sought;
    (6) Have an endorsement, if required by this part, in the 
applicant's logbook or training record that has been signed by an 
authorized instructor who certifies that the applicant--
    (i) Has received and logged training time within 60 days preceding 
the date of application in preparation for the practical test;
    (ii) Is prepared for the required practical test; and
    (iii) Has demonstrated satisfactory knowledge of the subject areas 
in which the applicant was deficient on the airman knowledge test; and
    (7) Have a completed and signed application form.
    (b) Notwithstanding the provisions of paragraphs (a)(1) and (2) of 
this section, an applicant for an airline transport pilot certificate or 
an additional rating to an airline transport certificate may take the 
practical test for that certificate or rating with an expired knowledge 
test report, provided that the applicant:
    (1) Is employed as a flight crewmember by a certificate holder under 
part 121, 125, or 135 of this chapter at the time of the practical test 
and has satisfactorily accomplished that operator's approved--
    (i) Pilot in command aircraft qualification training program that is 
appropriate to the certificate and rating sought; and
    (ii) Qualification training requirements appropriate to the 
certificate and rating sought; or
    (2) Is employed as a flight crewmember in scheduled U.S. military 
air transport operations at the time of the practical test, and has 
accomplished the pilot in command aircraft qualification training 
program that is appropriate to the certificate and rating sought.
    (c) A person is not required to comply with the provisions of 
paragraph (a)(6) of this section if that person:
    (1) Holds a foreign-pilot license issued by a contracting State to 
the Convention on International Civil Aviation that authorizes at least 
the pilot privileges of the airman certificate sought;
    (2) Is applying for a type rating only, or a class rating with an 
associated type rating; or
    (3) Is applying for an airline transport pilot certificate or an 
additional rating to an airline transport pilot certificate in an 
aircraft that does not require an aircraft type rating practical test.
    (d) If all increments of the practical test for a certificate or 
rating are not completed on one date, all remaining increments of the 
test must be satisfactorily completed not more than 60 calendar days 
after the date on which the applicant began the test.
    (e) If all increments of the practical test for a certificate or a 
rating are not satisfactorily completed within 60 calendar days after 
the date on which the applicant began the test, the applicant must 
retake the entire practical test, including those increments 
satisfactorily completed.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997, as amended by Amdt. 61-104, 63 FR 20286, Apr. 23, 1998]



Sec.  61.41  Flight training received from flight instructors not 
certificated by the FAA.

    (a) A person may credit flight training toward the requirements of a 
pilot certificate or rating issued under this part, if that person 
received the training from:
    (1) A flight instructor of an Armed Force in a program for training 
military pilots of either--
    (i) The United States; or
    (ii) A foreign contracting State to the Convention on International 
Civil Aviation.

[[Page 27]]

    (2) A flight instructor who is authorized to give such training by 
the licensing authority of a foreign contracting State to the Convention 
on International Civil Aviation, and the flight training is given 
outside the United States.
    (b) A flight instructor described in paragraph (a) of this section 
is only authorized to give endorsements to show training given.



Sec.  61.43  Practical tests: General procedures.

    (a) Except as provided in paragraph (b) of this section, the ability 
of an applicant for a certificate or rating issued under this part to 
perform the required tasks on the practical test is based on that 
applicant's ability to safely:
    (1) Perform the tasks specified in the areas of operation for the 
certificate or rating sought within the approved standards;
    (2) Demonstrate mastery of the aircraft with the successful outcome 
of each task performed never seriously in doubt;
    (3) Demonstrate satisfactory proficiency and competency within the 
approved standards;
    (4) Demonstrate sound judgment; and
    (5) Demonstrate single-pilot competence if the aircraft is type 
certificated for single-pilot operations.
    (b) If an applicant does not demonstrate single pilot proficiency, 
as required in paragraph (a)(5) of this section, a limitation of 
``Second in Command Required'' will be placed on the applicant's airman 
certificate. The limitation may be removed if the applicant passes the 
appropriate practical test by demonstrating single-pilot competency in 
the aircraft in which single-pilot privileges are sought.
    (c) If an applicant fails any area of operation, that applicant 
fails the practical test.
    (d) An applicant is not eligible for a certificate or rating sought 
until all the areas of operation are passed.
    (e) The examiner or the applicant may discontinue a practical test 
at any time:
    (1) When the applicant fails one or more of the areas of operation; 
or
    (2) Due to inclement weather conditions, aircraft airworthiness, or 
any other safety-of-flight concern.
    (f) If a practical test is discontinued, the applicant is entitled 
credit for those areas of operation that were passed, but only if the 
applicant:
    (1) Passes the remainder of the practical test within the 60-day 
period after the date the practical test was discontinued;
    (2) Presents to the examiner for the retest the original notice of 
disapproval form or the letter of discontinuance form, as appropriate;
    (3) Satisfactorily accomplishes any additional training needed and 
obtains the appropriate instructor endorsements, if additional training 
is required; and
    (4) Presents to the examiner for the retest a properly completed and 
signed application.



Sec.  61.45  Practical tests: Required aircraft and equipment.

    (a) General. Except as provided in paragraph (a)(2) of this section 
or when permitted to accomplish the entire flight increment of the 
practical test in a flight simulator or a flight training device, an 
applicant for a certificate or rating issued under this part must 
furnish:
    (1) An aircraft of U.S. registry for each required test that--
    (i) Is of the category, class, and type, if applicable, for which 
the applicant is applying for a certificate or rating; and
    (ii) Has a current standard, limited, or primary airworthiness 
certificate.
    (2) At the discretion of the examiner who administers the practical 
test, the applicant may furnish--
    (i) An aircraft that has a current airworthiness certificate other 
than standard, limited, or primary, but that otherwise meets the 
requirement of paragraph (a)(1) of this section;
    (ii) An aircraft of the same category, class, and type, if 
applicable, of foreign registry that is properly certificated by the 
country of registry; or
    (iii) A military aircraft of the same category, class, and type, if 
applicable, for which the applicant is applying for a certificate or 
rating.

[[Page 28]]

    (b) Required equipment (other than controls). (1) Except as provided 
in paragraph (b)(2) of this section, an aircraft used for a practical 
test must have--
    (i) The equipment for each area of operation required for the 
practical test;
    (ii) No prescribed operating limitations that prohibit its use in 
any of the areas of operation required for the practical test;
    (iii) Except as provided in paragraph (e) of this section, at least 
two pilot stations with adequate visibility for each person to operate 
the aircraft safely; and
    (iv) Cockpit and outside visibility adequate to evaluate the 
performance of the applicant when an additional jump seat is provided 
for the examiner.
    (2) An applicant for a certificate or rating may use an aircraft 
with operating characteristics that preclude the applicant from 
performing all of the tasks required for the practical test. However, 
the applicant's certificate or rating, as appropriate, will be issued 
with an appropriate limitation.
    (c) Required controls. An aircraft (other than a lighter-than-air 
aircraft) used for a practical test must have engine power controls and 
flight controls that are easily reached and operable in a conventional 
manner by both pilots, unless the examiner determines that the practical 
test can be conducted safely in the aircraft without the controls being 
easily reached.
    (d) Simulated instrument flight equipment. An applicant for a 
practical test that involves maneuvering an aircraft solely by reference 
to instruments must furnish:
    (1) Equipment on board the aircraft that permits the applicant to 
pass the areas of operation that apply to the rating sought; and
    (2) A device that prevents the applicant from having visual 
reference outside the aircraft, but does not prevent the examiner from 
having visual reference outside the aircraft, and is otherwise 
acceptable to the Administrator.
    (e) Aircraft with single controls. A practical test may be conducted 
in an aircraft having a single set of controls, provided the:
    (1) Examiner agrees to conduct the test;
    (2) Test does not involve a demonstration of instrument skills; and
    (3) Proficiency of the applicant can be observed by an examiner who 
is in a position to observe the applicant.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998]



Sec.  61.47  Status of an examiner who is authorized by the Administrator 
to conduct practical tests.

    (a) An examiner represents the Administrator for the purpose of 
conducting practical tests for certificates and ratings issued under 
this part and to observe an applicant's ability to perform the areas of 
operation on the practical test.
    (b) The examiner is not the pilot in command of the aircraft during 
the practical test unless the examiner agrees to act in that capacity 
for the flight or for a portion of the flight by prior arrangement with:
    (1) The applicant; or
    (2) A person who would otherwise act as pilot in command of the 
flight or for a portion of the flight.
    (c) Notwithstanding the type of aircraft used during the practical 
test, the applicant and the examiner (and any other occupants authorized 
to be on board by the examiner) are not subject to the requirements or 
limitations for the carriage of passengers that are specified in this 
chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997]



Sec.  61.49  Retesting after failure.

    (a) An applicant for a knowledge or practical test who fails that 
test may reapply for the test only after the applicant has received:
    (1) The necessary training from an authorized instructor who has 
determined that the applicant is proficient to pass the test; and
    (2) An endorsement from an authorized instructor who gave the 
applicant the additional training.
    (b) An applicant for a flight instructor certificate with an 
airplane category rating or, for a flight instructor certificate with a 
glider category rating, who has failed the practical test

[[Page 29]]

due to deficiencies in instructional proficiency on stall awareness, 
spin entry, spins, or spin recovery must:
    (1) Comply with the requirements of paragraph (a) of this section 
before being retested;
    (2) Bring an aircraft to the retest that is of the appropriate 
aircraft category for the rating sought and is certificated for spins; 
and
    (3) Demonstrate satisfactory instructional proficiency on stall 
awareness, spin entry, spins, and spin recovery to an examiner during 
the retest.



Sec.  61.51  Pilot logbooks.

    (a) Training time and aeronautical experience. Each person must 
document and record the following time in a manner acceptable to the 
Administrator:
    (1) Training and aeronautical experience used to meet the 
requirements for a certificate, rating, or flight review of this part.
    (2) The aeronautical experience required for meeting the recent 
flight experience requirements of this part.
    (b) Logbook entries. For the purposes of meeting the requirements of 
paragraph (a) of this section, each person must enter the following 
information for each flight or lesson logged:
    (1) General--
    (i) Date.
    (ii) Total flight time or lesson time.
    (iii) Location where the aircraft departed and arrived, or for 
lessons in a flight simulator or flight training device, the location 
where the lesson occurred.
    (iv) Type and identification of aircraft, flight simulator, or 
flight training device, as appropriate.
    (v) The name of a safety pilot, if required by Sec.  91.109(b) of 
this chapter.
    (2) Type of pilot experience or training--
    (i) Solo.
    (ii) Pilot in command.
    (iii) Second in command.
    (iv) Flight and ground training received from an authorized 
instructor.
    (v) Training received in a flight simulator or flight training 
device from an authorized instructor.
    (3) Conditions of flight--
    (i) Day or night.
    (ii) Actual instrument.
    (iii) Simulated instrument conditions in flight, a flight simulator, 
or a flight training device.
    (c) Logging of pilot time. The pilot time described in this section 
may be used to:
    (1) Apply for a certificate or rating issued under this part; or
    (2) Satisfy the recent flight experience requirements of this part.
    (d) Logging of solo flight time. Except for a student pilot 
performing the duties of pilot in command of an airship requiring more 
than one pilot flight crewmember, a pilot may log as solo flight time 
only that flight time when the pilot is the sole occupant of the 
aircraft.
    (e) Logging pilot-in-command flight time. (1) A recreational, 
private, or commercial pilot may log pilot-in- command time only for 
that flight time during which that person--
    (i) Is the sole manipulator of the controls of an aircraft for which 
the pilot is rated;
    (ii) Is the sole occupant of the aircraft; or
    (iii) Except for a recreational pilot, is acting as pilot in command 
of an aircraft on which more than one pilot is required under the type 
certification of the aircraft or the regulations under which the flight 
is conducted.
    (2) An airline transport pilot may log as pilot-in-command time all 
of the flight time while acting as pilot-in-command of an operation 
requiring an airline transport pilot certificate.
    (3) An authorized instructor may log as pilot-in-command time all 
flight time while acting as an authorized instructor.
    (4) A student pilot may log pilot-in-command time only when the 
student pilot--
    (i) Is the sole occupant of the aircraft or is performing the duties 
of pilot of command of an airship requiring more than one pilot flight 
crewmember;
    (ii) Has a current solo flight endorsement as required under Sec.  
61.87 of this part; and
    (iii) Is undergoing training for a pilot certificate or rating.
    (f) Logging second-in-command flight time. A person may log second-
in-command time only for that flight time during which that person:

[[Page 30]]

    (1) Is qualified in accordance with the second-in-command 
requirements of Sec.  61.55 of this part, and occupies a crewmember 
station in an aircraft that requires more than one pilot by the 
aircraft's type certificate; or
    (2) Holds the appropriate category, class, and instrument rating (if 
an instrument rating is required for the flight) for the aircraft being 
flown, and more than one pilot is required under the type certification 
of the aircraft or the regulations under which the flight is being 
conducted.
    (g) Logging instrument flight time. (1) A person may log instrument 
time only for that flight time when the person operates the aircraft 
solely by reference to instruments under actual or simulated instrument 
flight conditions.
    (2) An authorized instructor may log instrument time when conducting 
instrument flight instruction in actual instrument flight conditions.
    (3) For the purposes of logging instrument time to meet the recent 
instrument experience requirements of Sec.  61.57(c) of this part, the 
following information must be recorded in the person's logbook--
    (i) The location and type of each instrument approach accomplished; 
and
    (ii) The name of the safety pilot, if required.
    (4) A flight simulator or approved flight training device may be 
used by a person to log instrument time, provided an authorized 
instructor is present during the simulated flight.
    (h) Logging training time. (1) A person may log training time when 
that person receives training from an authorized instructor in an 
aircraft, flight simulator, or flight training device.
    (2) The training time must be logged in a logbook and must:
    (i) Be endorsed in a legible manner by the authorized instructor; 
and
    (ii) Include a description of the training given, the length of the 
training lesson, and the authorized instructor's signature, certificate 
number, and certificate expiration date.
    (i) Presentation of required documents. (1) Persons must present 
their pilot certificate, medical certificate, logbook, or any other 
record required by this part for inspection upon a reasonable request 
by--
    (i) The Administrator;
    (ii) An authorized representative from the National Transportation 
Safety Board; or
    (iii) Any Federal, State, or local law enforcement officer.
    (2) A student pilot must carry the following items in the aircraft 
on all solo cross-country flights as evidence of the required authorized 
instructor clearances and endorsements--
    (i) Pilot logbook;
    (ii) Student pilot certificate; and
    (iii) Any other record required by this section.
    (3) A recreational pilot must carry his or her logbook with the 
required authorized instructor endorsements on all solo flights--
    (i) That exceed 50 nautical miles from the airport at which training 
was received;
    (ii) Within airspace that requires communication with air traffic 
control;
    (iii) Conducted between sunset and sunrise; or
    (iv) In an aircraft for which the pilot does not hold an appropriate 
category or class rating.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, 
July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998]



Sec.  61.53  Prohibition on operations during medical deficiency.

    (a) Operations that require a medical certificate. Except as 
provided for in paragraph (b) of this section, a person who holds a 
current medical certificate issued under part 67 of this chapter shall 
not act as pilot in command, or in any other capacity as a required 
pilot flight crewmember, while that person:
    (1) Knows or has reason to know of any medical condition that would 
make the person unable to meet the requirements for the medical 
certificate necessary for the pilot operation; or
    (2) Is taking medication or receiving other treatment for a medical 
condition that results in the person being unable to meet the 
requirements for the medical certificate necessary for the pilot 
operation.

[[Page 31]]

    (b) Operations that do not require a medical certificate. For 
operations provided for in Sec.  61.23(b) of this part, a person shall 
not act as pilot in command, or in any other capacity as a required 
pilot flight crewmember, while that person knows or has reason to know 
of any medical condition that would make the person unable to operate 
the aircraft in a safe manner.



Sec.  61.55  Second-in-command qualifications.

    (a) Except as provided in paragraph (d) of this section, no person 
may serve as a second in command of an aircraft type certificated for 
more than one required pilot flight crewmember or in operations 
requiring a second in command unless that person holds:
    (1) At least a current private pilot certificate with the 
appropriate category and class rating; and
    (2) An instrument rating that applies to the aircraft being flown if 
the flight is under IFR.
    (b) Except as provided in paragraph (d) of this section, no person 
may serve as a second in command of an aircraft type certificated for 
more than one required pilot flight crewmember or in operations 
requiring a second in command unless that person has within the previous 
12 calendar months:
    (1) Become familiar with the following information for the specific 
type aircraft for which second-in-command privileges are requested--
    (i) Operational procedures applicable to the powerplant, equipment, 
and systems.
    (ii) Performance specifications and limitations.
    (iii) Normal, abnormal, and emergency operating procedures.
    (iv) Flight manual.
    (v) Placards and markings.
    (2) Except as provided in paragraph (e) of this section, performed 
and logged pilot time in the type of aircraft or in a flight simulator 
that represents the type of aircraft for which second-in-command 
privileges are requested, which includes--
    (i) Three takeoffs and three landings to a full stop as the sole 
manipulator of the flight controls;
    (ii) Engine-out procedures and maneuvering with an engine out while 
executing the duties of pilot in command; and
    (iii) Crew resource management training.
    (c) If a person complies with the requirements in paragraph (b) of 
this section in the calendar month before or the calendar month after 
the month in which compliance with this section is required, then that 
person is considered to have accomplished the training and practice in 
the month it is due.
    (d) This section does not apply to a person who is:
    (1) Designated and qualified as pilot in command under subpart K of 
part 91, part 121, 125, or 135 of this chapter in that specific type of 
aircraft;
    (2) Designated as the second in command under subpart K of part 91, 
part 121, 125, or 135 of this chapter in that specific type of aircraft;
    (3) Designated as the second in command in that specific type of 
aircraft for the purpose of receiving flight training required by this 
section, and no passengers or cargo are carried on the aircraft; or
    (4) Designated as a safety pilot for purposes required by Sec.  
91.109(b) of this chapter.
    (e) The holder of a commercial or airline transport pilot 
certificate with the appropriate category and class rating is not 
required to meet the requirements of paragraph (b)(2) of this section, 
provided the pilot:
    (1) Is conducting a ferry flight, aircraft flight test, or 
evaluation flight of an aircraft's equipment; and
    (2) Is not carrying any person or property on board the aircraft, 
other than necessary for conduct of the flight.
    (f) For the purpose of meeting the requirements of paragraph (b) of 
this section, a person may serve as second in command in that specific 
type aircraft, provided:
    (1) The flight is conducted under day VFR or day IFR; and
    (2) No person or property is carried on board the aircraft, other 
than necessary for conduct of the flight.
    (g) Except as provided in paragraph (h) of this section, the 
requirements of paragraph (b) of this section may be accomplished in a 
flight simulator that is used in accordance with an approved

[[Page 32]]

course conducted by a training center certificated under part 142 of 
this chapter.
    (h) An applicant for an initial second-in-command qualification for 
a particular type of aircraft who is qualifying under the terms of 
paragraph (g) of this section must satisfactorily complete a minimum of 
one takeoff and one landing in an aircraft of the same type for which 
the qualification is sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-109, 68 FR 54559, Sept. 17, 2003]



Sec.  61.56  Flight review.

    (a) Except as provided in paragraphs (b) and (f) of this section, a 
flight review consists of a minimum of 1 hour of flight training and 1 
hour of ground training. The review must include:
    (1) A review of the current general operating and flight rules of 
part 91 of this chapter; and
    (2) A review of those maneuvers and procedures that, at the 
discretion of the person giving the review, are necessary for the pilot 
to demonstrate the safe exercise of the privileges of the pilot 
certificate.
    (b) Glider pilots may substitute a minimum of three instructional 
flights in a glider, each of which includes a flight to traffic pattern 
altitude, in lieu of the 1 hour of flight training required in paragraph 
(a) of this section.
    (c) Except as provided in paragraphs (d), (e), and (g) of this 
section, no person may act as pilot in command of an aircraft unless, 
since the beginning of the 24th calendar month before the month in which 
that pilot acts as pilot in command, that person has--
    (1) Accomplished a flight review given in an aircraft for which that 
pilot is rated by an authorized instructor and
    (2) A logbook endorsed from an authorized instructor who gave the 
review certifying that the person has satisfactorily completed the 
review.
    (d) A person who has, within the period specified in paragraph (c) 
of this section, passed a pilot proficiency check conducted by an 
examiner, an approved pilot check airman, or a U.S. Armed Force, for a 
pilot certificate, rating, or operating privilege need not accomplish 
the flight review required by this section.
    (e) A person who has, within the period specified in paragraph (c) 
of this section, satisfactorily accomplished one or more phases of an 
FAA-sponsored pilot proficiency award program need not accomplish the 
flight review required by this section.
    (f) A person who holds a current flight instructor certificate who 
has, within the period specified in paragraph (c) of this section, 
satisfactorily completed a renewal of a flight instructor certificate 
under the provisions in Sec.  61.197 need not accomplish the 1 hour of 
ground training specified in paragraph (a) of this section.
    (g) A student pilot need not accomplish the flight review required 
by this section provided the student pilot is undergoing training for a 
certificate and has a current solo flight endorsement as required under 
Sec.  61.87 of this part.
    (h) The requirements of this section may be accomplished in 
combination with the requirements of Sec.  61.57 and other applicable 
recent experience requirements at the discretion of the authorized 
instructor conducting the flight review.
    (i) A flight simulator or flight training device may be used to meet 
the flight review requirements of this section subject to the following 
conditions:
    (1) The flight simulator or flight training device must be used in 
accordance with an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (2) Unless the flight review is undertaken in a flight simulator 
that is approved for landings, the applicant must meet the takeoff and 
landing requirements of Sec.  61.57(a) or Sec.  61.57(b) of this part.
    (3) The flight simulator or flight training device used must 
represent an aircraft or set of aircraft for which the pilot is rated.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998]

[[Page 33]]



Sec.  61.57  Recent flight experience: Pilot in command.

    (a) General experience. (1) Except as provided in paragraph (e) of 
this section, no person may act as a pilot in command of an aircraft 
carrying passengers or of an aircraft certificated for more than one 
pilot flight crewmember unless that person has made at least three 
takeoffs and three landings within the preceding 90 days, and--
    (i) The person acted as the sole manipulator of the flight controls; 
and
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a type rating is 
required), and, if the aircraft to be flown is an airplane with a 
tailwheel, the takeoffs and landings must have been made to a full stop 
in an airplane with a tailwheel.
    (2) For the purpose of meeting the requirements of paragraph (a)(1) 
of this section, a person may act as a pilot in command of an aircraft 
under day VFR or day IFR, provided no persons or property are carried on 
board the aircraft, other than those necessary for the conduct of the 
flight.
    (3) The takeoffs and landings required by paragraph (a)(1) of this 
section may be accomplished in a flight simulator or flight training 
device that is--
    (i) Approved by the Administrator for landings; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (b) Night takeoff and landing experience. (1) Except as provided in 
paragraph (e) of this section, no person may act as pilot in command of 
an aircraft carrying passengers during the period beginning 1 hour after 
sunset and ending 1 hour before sunrise, unless within the preceding 90 
days that person has made at least three takeoffs and three landings to 
a full stop during the period beginning 1 hour after sunset and ending 1 
hour before sunrise, and--
    (i) That person acted as sole manipulator of the flight controls; 
and
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a type rating is 
required).
    (2) The takeoffs and landings required by paragraph (b)(1) of this 
section may be accomplished in a flight simulator that is--
    (i) Approved by the Administrator for takeoffs and landings, if the 
visual system is adjusted to represent the period described in paragraph 
(b)(1) of this section; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (c) Instrument experience. Except as provided in paragraph (e) of 
this section, no person may act as pilot in command under IFR or in 
weather conditions less than the minimums prescribed for VFR, unless 
within the preceding 6 calendar months, that person has:
    (1) For the purpose of obtaining instrument experience in an 
aircraft (other than a glider), performed and logged under actual or 
simulated instrument conditions, either in flight in the appropriate 
category of aircraft for the instrument privileges sought or in a flight 
simulator or flight training device that is representative of the 
aircraft category for the instrument privileges sought--
    (i) At least six instrument approaches;
    (ii) Holding procedures; and
    (iii) Intercepting and tracking courses through the use of 
navigation systems.
    (2) For the purpose of obtaining instrument experience in a glider, 
performed and logged under actual or simulated instrument conditions--
    (i) At least 3 hours of instrument time in flight, of which 1\1/2\ 
hours may be acquired in an airplane or a glider if no passengers are to 
be carried; or
    (ii) 3 hours of instrument time in flight in a glider if a passenger 
is to be carried.
    (d) Instrument proficiency check. Except as provided in paragraph 
(e) of this section, a person who does not meet the instrument 
experience requirements of paragraph (c) of this section within the 
prescribed time, or within 6 calendar months after the prescribed time, 
may not serve as pilot in

[[Page 34]]

command under IFR or in weather conditions less than the minimums 
prescribed for VFR until that person passes an instrument proficiency 
check consisting of a representative number of tasks required by the 
instrument rating practical test.
    (1) The instrument proficiency check must be--
    (i) In an aircraft that is appropriate to the aircraft category;
    (ii) For other than a glider, in a flight simulator or flight 
training device that is representative of the aircraft category; or
    (iii) For a glider, in a single-engine airplane or a glider.
    (2) The instrument proficiency check must be given by--
    (i) An examiner;
    (ii) A person authorized by the U.S. Armed Forces to conduct 
instrument flight tests, provided the person being tested is a member of 
the U.S. Armed Forces;
    (iii) A company check pilot who is authorized to conduct instrument 
flight tests under part 121, 125, or 135 of this chapter or subpart K of 
part 91 of this chapter, and provided that both the check pilot and the 
pilot being tested are employees of that operator or fractional 
ownership program manager, as applicable;
    (iv) An authorized instructor; or
    (v) A person approved by the Administrator to conduct instrument 
practical tests.
    (e) Exceptions. (1) Paragraphs (a) and (b) of this section do not 
apply to a pilot in command who is employed by a certificate holder 
under part 125 and engaged in a flight operation for that certificate 
holder if the pilot is in compliance with Sec. Sec.  125.281 and 125.285 
of this chapter.
    (2) This section does not apply to a pilot in command who is 
employed by an air carrier certificated under part 121 or 135 and is 
engaged in a flight operation under part 91, 121, or 135 for that air 
carrier if the pilot is in compliance with Sec. Sec.  121.437 and 
121.439, or Sec. Sec.  135.243 and 135.247 of this chapter, as 
appropriate.
    (3) Paragraph (b) of this section does not apply to a pilot in 
command of a turbine-powered airplane that is type certificated for more 
than one pilot crewmember, provided that pilot has complied with the 
requirements of paragraph (e)(3)(i) or (ii) of this section:
    (i) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:
    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight experience of paragraph (a) of this section, as 
the sole manipulator of the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) That pilot has accomplished and logged at least 3 takeoffs and 3 
landings to a full stop, as the sole manipulator of the flight controls, 
in a turbine-powered airplane that requires more than one pilot 
crewmember. The pilot must have performed the takeoffs and landings 
during the period beginning 1 hour after sunset and ending 1 hour before 
sunrise within the preceding 6 months prior to the month of the flight.
    (ii) The pilot in command must hold at least a commercial pilot 
certificate with the appropriate category, class, and type rating for 
each airplane that is type certificated for more than one pilot 
crewmember that the pilot seeks to operate under this alternative, and:
    (A) That pilot must have logged at least 1,500 hours of aeronautical 
experience as a pilot;
    (B) In each airplane that is type certificated for more than one 
pilot crewmember that the pilot seeks to operate under this alternative, 
that pilot must have accomplished and logged the daytime takeoff and 
landing recent flight

[[Page 35]]

experience of paragraph (a) of this section, as the sole manipulator of 
the flight controls;
    (C) Within the preceding 90 days prior to the operation of that 
airplane that is type certificated for more than one pilot crewmember, 
the pilot must have accomplished and logged at least 15 hours of flight 
time in the type of airplane that the pilot seeks to operate under this 
alternative; and
    (D) Within the preceding 12 months prior to the month of the flight, 
the pilot must have completed a training program that is approved under 
part 142 of this chapter. The approved training program must have 
required and the pilot must have performed, at least 6 takeoffs and 6 
landings to a full stop as the sole manipulator of the controls in a 
flight simulator that is representative of a turbine-powered airplane 
that requires more than one pilot crewmember. The flight simulator's 
visual system must have been adjusted to represent the period beginning 
1 hour after sunset and ending 1 hour before sunrise.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, 
July 30, 1997; Amdt. 61-106, 64 FR 23529, Apr. 30, 1999; Amdt. 61-109, 
68 FR 54559, Sept. 17, 2003]



Sec.  61.58  Pilot-in-command proficiency check: Operation of aircraft 
requiring more than one pilot flight crewmember.

    (a) Except as otherwise provided in this section, to serve as pilot 
in command of an aircraft that is type certificated for more than one 
required pilot flight crewmember, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command proficiency check in an aircraft that is type certificated for 
more than one required pilot flight crewmember; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command proficiency check in the particular type of aircraft in which 
that person will serve as pilot in command.
    (b) This section does not apply to persons conducting operations 
under subpart K of part 91, part 121, 125, 133, 135, or 137 of this 
chapter, or persons maintaining continuing qualification under an 
Advanced Qualification program approved under SFAR 58.
    (c) The pilot-in-command proficiency check given in accordance with 
the provisions of subpart K of part 91, part 121, 125, or 135 of this 
chapter may be used to satisfy the requirements of this section.
    (d) The pilot-in-command proficiency check required by paragraph (a) 
of this section may be accomplished by satisfactory completion of one of 
the following:
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the maneuvers and 
procedures required for a type rating, in an aircraft type certificated 
for more than one required pilot flight crewmember;
    (2) The practical test required for a type rating, in an aircraft 
type certificated for more than one required pilot flight crewmember;
    (3) The initial or periodic practical test required for the issuance 
of a pilot examiner or check airman designation, in an aircraft type 
certificated for more than one required pilot flight crewmember; or
    (4) A military flight check required for a pilot in command with 
instrument privileges, in an aircraft that the military requires to be 
operated by more than one pilot flight crewmember.
    (e) A check or test described in paragraphs (d)(1) through (d)(4) of 
this section may be accomplished in a flight simulator under part 142 of 
this chapter, subject to the following:
    (1) Except as provided for in paragraphs (e)(2) and (e)(3) of this 
section, if an otherwise qualified and approved flight simulator used 
for a pilot-in-command proficiency check is not qualified and approved 
for a specific required maneuver--
    (i) The training center must annotate, in the applicant's training 
record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as pilot in command, the pilot must demonstrate 
proficiency in each omitted maneuver in an aircraft or flight simulator 
qualified and approved for each omitted maneuver.
    (2) If the flight simulator used pursuant to paragraph (e) of this 
section is

[[Page 36]]

not qualified and approved for circling approaches--
    (i) The applicant's record must include the statement, ``Proficiency 
in circling approaches not demonstrated''; and
    (ii) The applicant may not perform circling approaches as pilot in 
command when weather conditions are less than the basic VFR conditions 
described in Sec.  91.155 of this chapter, until proficiency in circling 
approaches has been successfully demonstrated in a flight simulator 
qualified and approved for circling approaches or in an aircraft to a 
person authorized by the Administrator to conduct the check required by 
this section.
    (3) If the flight simulator used pursuant to paragraph (e) of this 
section is not qualified and approved for landings, the applicant must--
    (i) Hold a type rating in the airplane represented by the simulator; 
and
    (ii) Have completed within the preceding 90 days at least three 
takeoffs and three landings (one to a full stop) as the sole manipulator 
of the flight controls in the type airplane for which the pilot-in-
command proficiency check is sought.
    (f) For the purpose of meeting the pilot-in-command proficiency 
check requirements of paragraph (a) of this section, a person may act as 
pilot in command of a flight under day VFR conditions or day IFR 
conditions if no person or property is carried, other than as necessary 
to demonstrate compliance with this part.
    (g) If a pilot takes the pilot-in-command proficiency check required 
by this section in the calendar month before or the calendar month after 
the month in which it is due, the pilot is considered to have taken it 
in the month in which it was due for the purpose of computing when the 
next pilot-in-command proficiency check is due.

[Doc. No. 25910, 62 FR 40899, July 30, 1997, as amended by Amdt. 61-109, 
68 FR 54559, Sept. 17, 2003]



Sec.  61.59  Falsification, reproduction, or alteration of applications, 
certificates, logbooks, reports, or records.

    (a) No person may make or cause to be made:
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate, rating, authorization, or duplicate 
thereof, issued under this part;
    (2) Any fraudulent or intentionally false entry in any logbook, 
record, or report that is required to be kept, made, or used to show 
compliance with any requirement for the issuance or exercise of the 
privileges of any certificate, rating, or authorization under this part;
    (3) Any reproduction for fraudulent purpose of any certificate, 
rating, or authorization, under this part; or
    (4) Any alteration of any certificate, rating, or authorization 
under this part.
    (b) The commission of an act prohibited under paragraph (a) of this 
section is a basis for suspending or revoking any airman certificate, 
rating, or authorization held by that person.



Sec.  61.60  Change of address.

    The holder of a pilot, flight instructor, or ground instructor 
certificate who has made a change in permanent mailing address may not, 
after 30 days from that date, exercise the privileges of the certificate 
unless the holder has notified in writing the FAA, Airman Certification 
Branch, P.O. Box 25082, Oklahoma City, OK 73125, of the new permanent 
mailing address, or if the permanent mailing address includes a post 
office box number, then the holder's current residential address.



           Subpart B_Aircraft Ratings and Pilot Authorizations



Sec.  61.61  Applicability.

    This subpart prescribes the requirements for the issuance of 
additional aircraft ratings after a pilot certificate is issued, and the 
requirements for and limitations of pilot authorizations issued by the 
Administrator.



Sec.  61.63  Additional aircraft ratings (other than on an airline 
transport pilot certificate).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, for other than an airline transport pilot 
certificate, an applicant

[[Page 37]]

must meet the appropriate requirements of this section for the 
additional aircraft rating sought.
    (b) Additional category rating. An applicant who holds a pilot 
certificate and applies to add a category rating to that pilot 
certificate:
    (1) Must have received the required training and possess the 
aeronautical experience prescribed by this part that applies to the 
pilot certificate for the aircraft category and, if applicable, class 
rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
category and, if applicable, class rating sought;
    (3) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient on the areas of operation 
that are appropriate to the pilot certificate for the aircraft category 
and, if applicable, class rating sought;
    (4) Must pass the required practical test that is appropriate to the 
pilot certificate for the aircraft category and, if applicable, class 
rating sought; and
    (5) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
at that pilot certificate level.
    (c) Additional class rating. Any person who applies for an 
additional class rating to be added on a pilot certificate:
    (1) Must have an endorsement in his or her logbook or training 
record from an authorized instructor and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
class rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient in the areas of operation 
appropriate to the pilot certificate for the aircraft class rating 
sought;
    (3) Must pass the required practical test that is appropriate to the 
pilot certificate for the aircraft class rating sought;
    (4) Need not meet the specified training time requirements 
prescribed by this part that apply to the pilot certificate for the 
aircraft class rating sought unless the person holds a a lighter-than-
air category rating with a balloon class rating and is seeking an 
airship class rating and
    (5) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
at that pilot certificate level.
    (d) Additional type rating. Except as specified in paragraph (d)(7) 
of this section, a person who applies for an additional aircraft type 
rating to be added on a pilot certificate, or the addition of an 
aircraft type rating that is accomplished concurrently with an 
additional aircraft category or class rating:
    (1) Must hold or concurrently obtain an instrument rating that is 
appropriate to the aircraft category, class, or type rating sought;
    (2) Must have an endorsement in his or her logbook or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found competent in the aeronautical 
knowledge areas appropriate to the pilot certificate for the aircraft 
category, class, or type rating sought;
    (3) Must have an endorsement in his or her logbook, or training 
record from an authorized instructor, and that endorsement must attest 
that the applicant has been found proficient in the areas of operation 
required for the issuance of an airline transport pilot certificate for 
the aircraft category, class, and type rating sought;
    (4) Must pass the required practical test appropriate to the airline 
transport pilot certificate for the aircraft category, class, and type 
rating sought;
    (5) Must perform the practical test in actual or simulated 
instrument conditions, unless the aircraft's type certificate makes the 
aircraft incapable of operating under instrument flight rules. If the 
practical test cannot be

[[Page 38]]

accomplished for this reason, the person may obtain a type rating 
limited to ``VFR only.'' The ``VFR only'' limitation may be removed for 
that aircraft type when the person passes the practical test in actual 
or simulated instrument conditions. When an instrument rating is issued 
to a person who holds one or more type ratings, the type ratings on the 
amended pilot certificate shall bear the ``VFR only'' limitation for 
each aircraft type rating for which the person has not demonstrated 
instrument competency;
    (6) Need not take an additional knowledge test, provided the 
applicant holds an airplane, rotorcraft, powered-lift, or airship rating 
on their pilot certificate; and
    (7) In the case of a pilot employee of a certificate holder 
operating under part 121 or 135 of this chapter or of a fractional 
ownership program manager under subpart K of part 91 of this chapter, 
must have--
    (i) Met the appropriate requirements of paragraphs (d)(1), (d)(4), 
and (d)(5) of this section for the aircraft type rating sought; and
    (ii) Received an endorsement in his or her flight training record 
from the certificate holder or program manager attesting that the 
applicant has completed the certificate holder's or program manager's 
approved ground and flight training program appropriate to the aircraft 
type rating sought.
    (e) Use of a flight simulator or flight training device for an 
additional rating in an airplane. The areas of operation required to be 
performed by paragraphs (b), (c), and (d) of this section shall be 
performed as follows:
    (1) Except as provided in paragraph (e)(2) of this section, the 
areas of operation must be performed in an airplane of the same 
category, class, and type, if applicable, as the airplane for which the 
additional rating is sought.
    (2) Subject to the limitations of paragraph (e)(3) through (e)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents the airplane for 
which the additional rating is sought.
    (3) The use of a flight simulator or flight training device 
permitted by paragraph (e)(2) of this section shall be conducted in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (4) To complete all training and testing (except preflight 
inspection) for an additional airplane rating without limitations when 
using a flight simulator--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet at least one of the following:
    (A) Hold a type rating for a turbojet airplane of the same class of 
airplane for which the type rating is sought, or have been appointed by 
a military service as a pilot in command of an airplane of the same 
class of airplane for which the type rating is sought, if a type rating 
in a turbojet airplane is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
class of airplane for which the type rating is sought, or have been 
designated by a military service as a pilot in command of an airplane of 
the same class of airplane for which the type rating is sought, if a 
type rating in a turbopropeller airplane is sought.
    (C) Have at least 2,000 hours of flight time, of which 500 hours is 
in turbine-powered airplanes of the same class of airplane for which the 
type rating is sought.
    (D) Have at least 500 hours of flight time in the same type airplane 
as the airplane for which the rating is sought.
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (5) Subject to the limitation of paragraph (e)(6) of this section, 
an applicant who does not meet the requirements of paragraph (e)(4) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as a Level C or 
Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a

[[Page 39]]

type rating in a propeller-driven airplane is sought; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
airplane rating, has logged:
    (1) At least 100 hours of flight time in airplanes of the same class 
for which the type rating is sought and which requires a type rating; 
and
    (2) At least 25 hours of flight time in airplanes of the same type 
for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (e)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (e)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (e)(7) of this section--
    (i) May not act as pilot in command of that airplane for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in the same type of airplane 
to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(e)(4) or paragraph (e)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (e)(2) and (e)(3) of this section and 
the following tasks, which must be successfully completed on a static 
airplane or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) Compliance with paragraphs (e)(2), (e)(3), and (e)(10) through 
(e)(12) of this section.
    (10) An applicant meeting only the requirements of paragraph 
(e)(9)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (e)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (e)(11) of this section--
    (i) May not act as pilot in command of that airplane for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in that airplane of the same 
type to which the limitation applies.
    (f) Use of a flight simulator or flight training device for an 
additional rating in a helicopter. The areas of operation required to be 
performed by paragraphs (b), (c), and (d) of this section shall be 
performed as follows:
    (1) Except as provided in paragraph (f)(2) of this section, the 
areas of operation must be performed in a helicopter of the same type 
for the additional rating sought.
    (2) Subject to the limitations of paragraph (f)(3) through (f)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents that helicopter for 
the additional rating sought.
    (3) The use of a flight simulator or flight training device 
permitted by paragraph (f)(2) of this section shall be conducted in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (4) To complete all training and testing (except preflight 
inspection) for an additional helicopter rating without

[[Page 40]]

limitations when using a flight simulator--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet at least one of the following if a type 
rating is sought in a turbine-powered helicopter:
    (A) Hold a type rating in a turbine-powered helicopter or have been 
appointed by a military service as a pilot in command of a turbine-
powered helicopter.
    (B) Have at least 2,000 hours of flight time that includes at least 
500 hours in turbine-powered helicopters.
    (C) Have at least 500 hours of flight time in turbine-powered 
helicopters.
    (D) Have at least 1,000 hours of flight time in at least two 
different turbine-powered helicopters.
    (5) Subject to the limitation of paragraph (f)(6) of this section, 
an applicant who does not meet the requirements of paragraph (f)(4) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a turbine-powered helicopter if a type 
rating in a turbine-powered helicopter is sought; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
helicopter rating, has logged at least 25 hours of flight time in 
helicopters of the same type for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (f)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (f)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who is issued a pilot certificate with the 
limitation specified in paragraph (f)(7) of this section--
    (i) May not act as pilot in command of that helicopter for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in the same type of 
helicopter to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(f)(4) or paragraph (f)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (f)(2) and (f)(3) of this section and 
the following tasks, which must be successfully completed on a static 
helicopter or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) Compliance with paragraphs (f)(2), (f)(3), and (f)(10) through 
(f)(12) of this section.
    (10) A applicant meeting only the requirements of paragraph 
(f)(9)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (f)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (f)(11) of this section--
    (i) May not act as pilot in command of that helicopter for which the 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a

[[Page 41]]

qualified and current pilot in command, in the seat normally occupied by 
the pilot in command, in that helicopter of the same type as to which 
the limitation applies.
    (g) Use of a flight simulator or flight training device for an 
additional rating in a powered-lift. The areas of operation required to 
be performed by paragraphs (b), (c), and (d) of this section shall be 
performed as follows:
    (1) Except as provided in paragraph (g)(2) of this section, the 
areas of operation must be performed in a powered-lift of the same type 
for the additional rating sought.
    (2) Subject to the limitations of paragraphs (g)(3) through (g)(12) 
of this section, the areas of operation may be performed in a flight 
simulator or flight training device that represents that powered-lift 
for the additional rating sought.
    (3) The use of a flight simulator or flight training device 
permitted by paragraph (g)(2) of this section shall be conducted in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (4) To complete all training and testing (except preflight 
inspection) for an additional powered-lift rating without limitations 
when using a flight simulator--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet at least one of the following if a type 
rating is sought in a turbine powered-lift:
    (A) Hold a type rating in a turbine powered-lift or have been 
appointed by a military service as a pilot in command of a turbine 
powered-lift.
    (B) Have at least 2,000 hours of flight time that includes at least 
500 hours in turbine powered-lifts.
    (C) Have at least 500 hours of flight time in turbine powered-lifts.
    (D) Have at least 1,000 hours of flight time in at least two 
different turbine powered-lifts.
    (5) Subject to the limitation of paragraph (g)(6) of this section, 
an applicant who does not meet the requirements of paragraph (g)(4) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating when using a flight simulator if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a turbine powered-lift if a type rating 
in a turbine powered-lift is sought; or
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for an additional 
powered-lift rating, has logged at least 25 hours of flight time in 
powered-lifts of the same type for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (g)(5) 
of this section will be issued an additional rating with a limitation.
    (7) The limitation on a certificate issued under the provisions of 
paragraph (g)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (8) An applicant who is issued a pilot certificate with the 
limitation specified in paragraph (g)(7) of this section--
    (i) May not act as pilot in command of that powered-lift for which 
the additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in the same type of powered-
lift to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(g)(4) or paragraph (g)(5) of this section may be issued an additional 
rating after successful completion of one of the following requirements:
    (i) Compliance with paragraphs (g)(2) and (g)(3) of this section and 
the following tasks, which must be successfully completed on a static 
powered-lift or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;

[[Page 42]]

    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) Compliance with paragraphs (g)(2), (g)(3), and (g)(10) through 
(g)(12) of this section.
    (10) An applicant meeting only the requirements of paragraph 
(g)(9)(ii) of this section will be issued an additional rating with a 
limitation.
    (11) The limitation on a certificate issued under the provisions of 
paragraph (g)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the additional rating.''
    (12) An applicant who has been issued a pilot certificate with the 
limitation specified in paragraph (g)(11) of this section--
    (i) May not act as pilot in command of that powered-lift for which 
the additional rating was obtained under the provisions of this section 
until the limitation is removed from the pilot certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in that powered-lift of the 
same type as to which the limitation applies.
    (h) Aircraft not capable of instrument maneuvers and procedures. An 
applicant for a type rating who provides an aircraft not capable of the 
instrument maneuvers and procedures required by the appropriate 
requirements contained in Sec.  61.157 of this part for the practical 
test may--
    (1) Obtain a type rating limited to ``VFR only''; and
    (2) Remove the ``VFR only'' limitation for each aircraft type in 
which the applicant demonstrates compliance with the appropriate 
instrument requirements contained in Sec.  61.157 or Sec.  61.73 of this 
part.
    (i) Multiengine, single-pilot station airplane. An applicant for a 
type rating in a multiengine, single-pilot station airplane may meet the 
requirements of this part in a multiseat version of that multiengine 
airplane.
    (j) Single-engine, single-pilot station airplane. An applicant for a 
type rating in a single-engine, single-pilot station airplane may meet 
the requirements of this part in a multiseat version of that single-
engine airplane.
    (k) Waivers. Unless the Administrator requires certain or all tasks 
to be performed, the examiner who conducts the practical test may waive 
any of the tasks for which the Administrator approves waiver authority.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40899, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998; Amdt. 61-109, 
68 FR 54559, Sept. 17, 2003]



Sec.  61.64  [Reserved]



Sec.  61.65  Instrument rating requirements.

    (a) General. A person who applies for an instrument rating must:
    (1) Hold at least a current private pilot certificate with an 
airplane, helicopter, or powered-lift rating appropriate to the 
instrument rating sought;
    (2) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet any of these requirements 
due to a medical condition, the Administrator may place such operating 
limitations on the applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (3) Receive and log ground training from an authorized instructor or 
accomplish a home-study course of training on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the instrument 
rating sought;
    (4) Receive a logbook or training record endorsement from an 
authorized instructor certifying that the person is prepared to take the 
required knowledge test;
    (5) Receive and log training on the areas of operation of paragraph 
(c) of this section from an authorized instructor in an aircraft, flight 
simulator, or flight training device that represents an airplane, 
helicopter, or powered-lift appropriate to the instrument rating sought;
    (6) Receive a logbook or training record endorsement from an 
authorized instructor certifying that the person is prepared to take the 
required practical test;

[[Page 43]]

    (7) Pass the required knowledge test on the aeronautical knowledge 
areas of paragraph (b) of this section; however, an applicant is not 
required to take another knowledge test when that person already holds 
an instrument rating; and
    (8) Pass the required practical test on the areas of operation in 
paragraph (c) of this section in--
    (i) An airplane, helicopter, or powered-lift appropriate to the 
rating sought; or
    (ii) A flight simulator or a flight training device appropriate to 
the rating sought and for the specific maneuver or instrument approach 
procedure performed. If an approved flight training device is used for 
the practical test, the instrument approach procedures conducted in that 
flight training device are limited to one precision and one nonprecision 
approach, provided the flight training device is approved for the 
procedure performed.
    (b) Aeronautical knowledge. A person who applies for an instrument 
rating must have received and logged ground training from an authorized 
instructor or accomplished a home-study course on the following 
aeronautical knowledge areas that apply to the instrument rating sought:
    (1) Federal Aviation Regulations of this chapter that apply to 
flight operations under IFR;
    (2) Appropriate information that applies to flight operations under 
IFR in the ``Aeronautical Information Manual;''
    (3) Air traffic control system and procedures for instrument flight 
operations;
    (4) IFR navigation and approaches by use of navigation systems;
    (5) Use of IFR en route and instrument approach procedure charts;
    (6) Procurement and use of aviation weather reports and forecasts 
and the elements of forecasting weather trends based on that information 
and personal observation of weather conditions;
    (7) Safe and efficient operation of aircraft under instrument flight 
rules and conditions;
    (8) Recognition of critical weather situations and windshear 
avoidance;
    (9) Aeronautical decision making and judgment; and
    (10) Crew resource management, including crew communication and 
coordination.
    (c) Flight proficiency. A person who applies for an instrument 
rating must receive and log training from an authorized instructor in an 
aircraft, or in a flight simulator or flight training device, in 
accordance with paragraph (e) of this section, that includes the 
following areas of operation:
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Air traffic control clearances and procedures;
    (4) Flight by reference to instruments;
    (5) Navigation systems;
    (6) Instrument approach procedures;
    (7) Emergency operations; and
    (8) Postflight procedures.
    (d) Aeronautical experience. A person who applies for an instrument 
rating must have logged the following:
    (1) At least 50 hours of cross-country flight time as pilot in 
command, of which at least 10 hours must be in airplanes for an 
instrument--airplane rating; and
    (2) A total of 40 hours of actual or simulated instrument time on 
the areas of operation of this section, to include--
    (i) At least 15 hours of instrument flight training from an 
authorized instructor in the aircraft category for which the instrument 
rating is sought;
    (ii) At least 3 hours of instrument training that is appropriate to 
the instrument rating sought from an authorized instructor in 
preparation for the practical test within the 60 days preceding the date 
of the test;
    (iii) For an instrument--airplane rating, instrument training on 
cross- country flight procedures specific to airplanes that includes at 
least one cross-country flight in an airplane that is performed under 
IFR, and consists of--
    (A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems;

[[Page 44]]

    (iv) For an instrument--helicopter rating, instrument training 
specific to helicopters on cross-country flight procedures that includes 
at least one cross-country flight in a helicopter that is performed 
under IFR, and consists of--
    (A) A distance of at least 100 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems; and
    (v) For an instrument--powered-lift rating, instrument training 
specific to a powered-lift on cross-country flight procedures that 
includes at least one cross-country flight in a powered-lift that is 
performed under IFR and consists of--
    (A) A distance of at least 250 nautical miles along airways or ATC-
directed routing;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems.
    (e) Use of flight simulators or flight training devices. If the 
instrument training was provided by an authorized instructor in a flight 
simulator or flight training device--
    (1) A maximum of 30 hours may be performed in that flight simulator 
or flight training device if the training was accomplished in accordance 
with part 142 of this chapter; or
    (2) A maximum of 20 hours may be performed in that flight simulator 
or flight training device if the training was not accomplished in 
accordance with part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec.  61.67  Category II pilot authorization requirements.

    (a) General. A person who applies for a Category II pilot 
authorization must hold:
    (1) At least a private or commercial pilot certificate with an 
instrument rating or an airline transport pilot certificate;
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating; and
    (3) A category and class rating for the aircraft for which the 
authorization is sought.
    (b) Experience requirements. An applicant for a Category II pilot 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command.
    (2) 75 hours of instrument time under actual or simulated instrument 
conditions that may include not more than--
    (i) A combination of 25 hours of simulated instrument flight time in 
a flight simulator or flight training device; or
    (ii) 40 hours of simulated instrument flight time if accomplished in 
an approved course conducted by an appropriately rated training center 
certificated under part 142 of this chapter.
    (3) 250 hours of cross-country flight time as pilot in command.
    (c) Practical test requirements. (1) A practical test must be passed 
by a person who applies for--
    (i) Issuance or renewal of a Category II pilot authorization; and
    (ii) The addition of another type aircraft to the applicant's 
Category II pilot authorization.
    (2) To be eligible for the practical test for an authorization under 
this section, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this section; 
and
    (ii) If the applicant has not passed a practical test for this 
authorization during the 12 calendar months preceding the month of the 
test, then that person must--
    (A) Meet the requirements of Sec.  61.57(c); and
    (B) Have performed at least six ILS approaches during the 6 calendar 
months preceding the month of the test, of which at least three of the 
approaches must have been conducted without the use of an approach 
coupler.
    (3) The approaches specified in paragraph (c)(2)(ii)(B) of this 
section--
    (i) Must be conducted under actual or simulated instrument flight 
conditions;
    (ii) Must be conducted to the decision height for the ILS approach 
in the type aircraft in which the practical test is to be conducted;

[[Page 45]]

    (iii) Need not be conducted to the decision height authorized for 
Category II operations;
    (iv) Must be conducted to the decision height authorized for 
Category II operations only if conducted in a flight simulator or flight 
training device; and
    (v) Must be accomplished in an aircraft of the same category and 
class, and type, as applicable, as the aircraft in which the practical 
test is to be conducted or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (4) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(ii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(ii)(A) of this section.
    (d) Practical test procedures. The practical test consists of an 
oral increment and a flight increment.
    (1) Oral increment. In the oral increment of the practical test an 
applicant must demonstrate knowledge of the following:
    (i) Required landing distance;
    (ii) Recognition of the decision height;
    (iii) Missed approach procedures and techniques using computed or 
fixed attitude guidance displays;
    (iv) Use and limitations of RVR;
    (v) Use of visual clues, their availability or limitations, and 
altitude at which they are normally discernible at reduced RVR readings;
    (vi) Procedures and techniques related to transition from nonvisual 
to visual flight during a final approach under reduced RVR;
    (vii) Effects of vertical and horizontal windshear;
    (viii) Characteristics and limitations of the ILS and runway 
lighting system;
    (ix) Characteristics and limitations of the flight director system, 
auto approach coupler (including split axis type if equipped), auto 
throttle system (if equipped), and other required Category II equipment;
    (x) Assigned duties of the second in command during Category II 
approaches, unless the aircraft for which authorization is sought does 
not require a second in command; and
    (xi) Instrument and equipment failure warning systems.
    (2) Flight increment. The following requirements apply to the flight 
increment of the practical test:
    (i) The flight increment must be conducted in an aircraft of the 
same category, class, and type, as applicable, as the aircraft in which 
the authorization is sought or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) The flight increment must consist of at least two ILS 
approaches to 100 feet AGL including at least one landing and one missed 
approach.
    (iii) All approaches performed during the flight increment must be 
made with the use of an approved flight control guidance system, except 
if an approved auto approach coupler is installed, at least one approach 
must be hand flown using flight director commands.
    (iv) If a multiengine airplane with the performance capability to 
execute a missed approach with one engine inoperative is used for the 
practical test, the flight increment must include the performance of one 
missed approach with an engine, which shall be the most critical engine, 
if applicable, set at idle or zero thrust before reaching the middle 
marker.
    (v) If a multiengine flight simulator or multiengine flight training 
device is used for the practical test, the applicant must execute a 
missed approach with the most critical engine, if applicable, failed.
    (vi) For an authorization for an aircraft that requires a type 
rating, the practical test must be performed in coordination with a 
second in command who holds a type rating in the aircraft in which the 
authorization is sought.

[[Page 46]]

    (vii) Oral questioning may be conducted at any time during a 
practical test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec.  61.68  Category III pilot authorization requirements.

    (a) General. A person who applies for a Category III pilot 
authorization must hold:
    (1) At least a private pilot certificate or commercial pilot 
certificate with an instrument rating or an airline transport pilot 
certificate;
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating; and
    (3) A category and class rating for the aircraft for which the 
authorization is sought.
    (b) Experience requirements. An applicant for a Category III pilot 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command.
    (2) 75 hours of instrument flight time during actual or simulated 
instrument conditions that may include not more than--
    (i) A combination of 25 hours of simulated instrument flight time in 
a flight simulator or flight training device; or
    (ii) 40 hours of simulated instrument flight time if accomplished in 
an approved course conducted by an appropriately rated training center 
certificated under part 142 of this chapter.
    (3) 250 hours of cross-country flight time as pilot in command.
    (c) Practical test requirements. (1) A practical test must be passed 
by a person who applies for--
    (i) Issuance or renewal of a Category III pilot authorization; and
    (ii) The addition of another type of aircraft to the applicant's 
Category III pilot authorization.
    (2) To be eligible for the practical test for an authorization under 
this section, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this section; 
and
    (ii) If the applicant has not passed a practical test for this 
authorization during the 12 calendar months preceding the month of the 
test, then that person must--
    (A) Meet the requirements of Sec.  61.57(c); and
    (B) Have performed at least six ILS approaches during the 6 calendar 
months preceding the month of the test, of which at least three of the 
approaches must have been conducted without the use of an approach 
coupler.
    (3) The approaches specified in paragraph (c)(2)(ii)(B) of this 
section--
    (i) Must be conducted under actual or simulated instrument flight 
conditions;
    (ii) Must be conducted to the alert height or decision height for 
the ILS approach in the type aircraft in which the practical test is to 
be conducted;
    (iii) Need not be conducted to the decision height authorized for 
Category III operations;
    (iv) Must be conducted to the alert height or decision height, as 
applicable, authorized for Category III operations only if conducted in 
a flight simulator or flight training device; and
    (v) Must be accomplished in an aircraft of the same category and 
class, and type, as applicable, as the aircraft in which the practical 
test is to be conducted or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft for which the authorization is sought; 
and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (4) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(ii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(ii)(A) of this section.
    (d) Practical test procedures. The practical test consists of an 
oral increment and a flight increment.
    (1) Oral increment. In the oral increment of the practical test an 
applicant must demonstrate knowledge of the following:
    (i) Required landing distance;
    (ii) Determination and recognition of the alert height or decision 
height, as applicable, including use of a radar altimeter;
    (iii) Recognition of and proper reaction to significant failures 
encountered prior to and after reaching the alert

[[Page 47]]

height or decision height, as applicable;
    (iv) Missed approach procedures and techniques using computed or 
fixed attitude guidance displays and expected height loss as they relate 
to manual go-around or automatic go-around, and initiation altitude, as 
applicable;
    (v) Use and limitations of RVR, including determination of 
controlling RVR and required transmissometers;
    (vi) Use, availability, or limitations of visual cues and the 
altitude at which they are normally discernible at reduced RVR readings 
including--
    (A) Unexpected deterioration of conditions to less than minimum RVR 
during approach, flare, and rollout;
    (B) Demonstration of expected visual references with weather at 
minimum conditions;
    (C) The expected sequence of visual cues during an approach in which 
visibility is at or above landing minima; and
    (D) Procedures and techniques for making a transition from 
instrument reference flight to visual flight during a final approach 
under reduced RVR.
    (vii) Effects of vertical and horizontal windshear;
    (viii) Characteristics and limitations of the ILS and runway 
lighting system;
    (ix) Characteristics and limitations of the flight director system 
auto approach coupler (including split axis type if equipped), auto 
throttle system (if equipped), and other Category III equipment;
    (x) Assigned duties of the second in command during Category III 
operations, unless the aircraft for which authorization is sought does 
not require a second in command;
    (xi) Recognition of the limits of acceptable aircraft position and 
flight path tracking during approach, flare, and, if applicable, 
rollout; and
    (xii) Recognition of, and reaction to, airborne or ground system 
faults or abnormalities, particularly after passing alert height or 
decision height, as applicable.
    (2) Flight increment. The following requirements apply to the flight 
increment of the practical test--
    (i) The flight increment may be conducted in an aircraft of the same 
category and class, and type, as applicable, as the aircraft for which 
the authorization is sought, or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) The flight increment must consist of at least two ILS 
approaches to 100 feet AGL, including one landing and one missed 
approach initiated from a very low altitude that may result in a 
touchdown during the go-around maneuver;
    (iii) All approaches performed during the flight increment must be 
made with the approved automatic landing system or an equivalent landing 
system approved by the Administrator;
    (iv) If a multiengine aircraft with the performance capability to 
execute a missed approach with one engine inoperative is used for the 
practical test, the flight increment must include the performance of one 
missed approach with the most critical engine, if applicable, set at 
idle or zero thrust before reaching the middle or outer marker;
    (v) If a multiengine flight simulator or multiengine flight training 
device is used, a missed approach must be executed with an engine, which 
shall be the most critical engine, if applicable, failed;
    (vi) For an authorization for an aircraft that requires a type 
rating, the practical test must be performed in coordination with a 
second in command who holds a type rating in the aircraft in which the 
authorization is sought;
    (vii) Oral questioning may be conducted at any time during the 
practical test;
    (viii) Subject to the limitations of this paragraph, for Category 
IIIb operations predicated on the use of a fail-passive rollout control 
system, at least one manual rollout using visual reference or a 
combination of visual and instrument references must be executed. The 
maneuver required by this paragraph shall be initiated by a fail-passive 
disconnect of the rollout control system--
    (A) After main gear touchdown;

[[Page 48]]

    (B) Prior to nose gear touchdown;
    (C) In conditions representative of the most adverse lateral 
touchdown displacement allowing a safe landing on the runway; and
    (D) In weather conditions anticipated in Category IIIb operations.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40900, 
July 30, 1997]



Sec.  61.69  Glider towing: Experience and training requirements.

    (a) No person may act as pilot in command for towing a glider unless 
that person:
    (1) Holds at least a private pilot certificate with a category 
rating for powered aircraft;
    (2) Has logged at least 100 hours of pilot-in-command time in the 
aircraft category, class, and type, if required, that the pilot is using 
to tow a glider;
    (3) Has a logbook endorsement from an authorized instructor who 
certifies that the person has received ground and flight training in 
gliders and is proficient in--
    (i) The techniques and procedures essential to the safe towing of 
gliders, including airspeed limitations;
    (ii) Emergency procedures;
    (iii) Signals used; and
    (iv) Maximum angles of bank.
    (4) Except as provided in paragraph (b) of this section, has logged 
at least three flights as the sole manipulator of the controls of an 
aircraft towing a glider or simulating glider-towing flight procedures 
while accompanied by a pilot who meets the requirements of paragraphs 
(c) and (d) of this section;
    (5) Except as provided in paragraph (b) of this section, has 
received a logbook endorsement from the pilot, described in paragraph 
(a)(4) of this section, certifying that the person has accomplished at 
least 3 flights in an aircraft while towing a glider, or while 
simulating glider-towing flight procedures; and
    (6) Within the preceding 12 months has--
    (i) Made at least three actual or simulated glider tows while 
accompanied by a qualified pilot who meets the requirements of this 
section; or
    (ii) Made at least three flights as pilot in command of a glider 
towed by an aircraft.
    (b) Any person who before May 17, 1967, has made and logged 10 or 
more flights as pilot in command of an aircraft towing a glider in 
accordance with a certificate of waiver need not comply with paragraphs 
(a)(4) and (a)(5) of this section.
    (c) The pilot, described in paragraph (a)(4) of this section, who 
endorses the logbook of a person seeking glider-towing privileges must 
have:
    (1) Met the requirements of this section prior to endorsing the 
logbook of the person seeking glider-towing privileges; and
    (2) Logged at least 10 flights as pilot in command of an aircraft 
while towing a glider.
    (d) If the pilot described in paragraph (a)(4) of this section holds 
only a private pilot certificate, then that pilot must have:
    (1) Logged at least 100 hours of pilot-in-command time in airplanes, 
or 200 hours of pilot-in-command time in a combination of powered and 
other-than-powered aircraft; and
    (2) Performed and logged at least three flights within the 12 
calendar months preceding the month that pilot accompanies or endorses 
the logbook of a person seeking glider-towing privileges--
    (i) In an aircraft while towing a glider accompanied by another 
pilot who meets the requirements of this section; or
    (ii) As pilot in command of a glider being towed by an aircraft.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, 
July 30, 1997]



Sec.  61.71  Graduates of an approved training program other than 
under this part: Special rules.

    (a) A person who graduates from an approved training program under 
part 141 or part 142 of this chapter is considered to have met the 
applicable aeronautical experience, aeronautical knowledge, and areas of 
operation requirements of this part if that person presents the 
graduation certificate and passes the required practical test within the 
60-day period after the date of graduation.
    (b) A person may apply for an airline transport pilot certificate, 
type rating, or both under this part, and will be

[[Page 49]]

considered to have met the applicable requirements under Sec.  61.157 of 
this part for that certificate and rating, if that person has:
    (1) Satisfactorily accomplished an approved training program and the 
pilot-in-command proficiency check for that airplane type, in accordance 
with the pilot-in-command requirements under subparts N and O of part 
121 of this chapter; and
    (2) Applied for the airline transport pilot certificate, type 
rating, or both within the 60-day period from the date the person 
satisfactorily accomplished the approved training program and pilot-in-
command proficiency check for that airplane type.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, 
July 30, 1997]



Sec.  61.73  Military pilots or former military pilots: Special rules.

    (a) General. Except for a rated military pilot or former rated 
military pilot who has been removed from flying status for lack of 
proficiency, or because of disciplinary action involving aircraft 
operations, a rated military pilot or former rated military pilot who 
meets the applicable requirements of this section may apply, on the 
basis of his or her military training, for:
    (1) A commercial pilot certificate;
    (2) An aircraft rating in the category and class of aircraft for 
which that military pilot is qualified;
    (3) An instrument rating with the appropriate aircraft rating for 
which that military pilot is qualified; or
    (4) A type rating, if appropriate.
    (b) Military pilots on active flying status within the past 12 
months. A rated military pilot or former rated military pilot who has 
been on active flying status within the 12 months before applying must:
    (1) Pass a knowledge test on the appropriate parts of this chapter 
that apply to pilot privileges and limitations, air traffic and general 
operating rules, and accident reporting rules;
    (2) Present documentation showing compliance with the requirements 
of paragraph (d) of this section for at least one aircraft category 
rating; and
    (3) Present documentation showing that the applicant is or was, at 
any time during the 12 calendar months before the month of application--
    (i) A rated military pilot on active flying status in an armed force 
of the United States; or
    (ii) A rated military pilot of an armed force of a foreign 
contracting State to the Convention on International Civil Aviation, 
assigned to pilot duties (other than flight training) with an armed 
force of the United States and holds, at the time of application, a 
current civil pilot license issued by that contracting State authorizing 
at least the privileges of the pilot certificate sought.
    (c) Military pilots not on active flying status during the 12 
calendar months before the month of application. A rated military pilot 
or former rated military pilot who has not been on active flying status 
within the 12 calendar months before the month of application must:
    (1) Pass the appropriate knowledge and practical tests prescribed in 
this part for the certificate or rating sought; and
    (2) Present documentation showing that the applicant was, before the 
beginning of the 12th calendar month before the month of application, a 
rated military pilot as prescribed by paragraph (b)(3)(i) or paragraph 
(b)(3)(ii) of this section.
    (d) Aircraft category, class, and type ratings. A rated military 
pilot or former rated military pilot who applies for an aircraft 
category, class, or type rating, if applicable, is issued that rating at 
the commercial pilot certificate level if the pilot presents documentary 
evidence that shows satisfactory accomplishment of:
    (1) An official U.S. military pilot check and instrument proficiency 
check in that aircraft category, class, or type, if applicable, as pilot 
in command during the 12 calendar months before the month of 
application;
    (2) At least 10 hours of pilot-in-command time in that aircraft 
category, class, or type, if applicable, during the 12 calendar months 
before the month of application; or
    (3) An FAA practical test in that aircraft after--
    (i) Meeting the requirements of paragraphs (b)(1) and (b)(2) of this 
section; and

[[Page 50]]

    (ii) Having received an endorsement from an authorized instructor 
who certifies that the pilot is proficient to take the required 
practical test, and that endorsement is made within the 60-day period 
preceding the date of the practical test.
    (e) Instrument rating. A rated military pilot or former rated 
military pilot who applies for an airplane instrument rating, a 
helicopter instrument rating, or a powered-lift instrument rating to be 
added to his or her commercial pilot certificate may apply for an 
instrument rating if the pilot has, within the 12 calendar months 
preceding the month of application:
    (1) Passed an instrument proficiency check by a U.S. Armed Force in 
the aircraft category for the instrument rating sought; and
    (2) Received authorization from a U.S. Armed Force to conduct IFR 
flights on Federal airways in that aircraft category and class for the 
instrument rating sought.
    (f) Aircraft type rating. An aircraft type rating is issued only for 
aircraft types that the Administrator has certificated for civil 
operations.
    (g) Aircraft type rating placed on an airline transport pilot 
certificate. A rated military pilot or former rated military pilot who 
holds an airline transport pilot certificate and who requests an 
aircraft type rating to be placed on that person's airline transport 
pilot certificate may be issued that aircraft type rating at the airline 
transport pilot certificate level, provided that person:
    (1) Holds a category and class rating for that type of aircraft at 
the airline transport pilot certificate level; and
    (2) Passed an official U.S. military pilot check and instrument 
proficiency check in that type of aircraft as pilot in command during 
the 12 calendar months before the month of application.
    (h) Evidentiary documents. The following documents are satisfactory 
evidence for the purposes indicated:
    (1) An official identification card issued to the pilot by an armed 
force may be used to demonstrate membership in the armed forces.
    (2) An original or a copy of a certificate of discharge or release 
may be used to demonstrate discharge or release from an armed force or 
former membership in an armed force.
    (3) Current or previous status as a rated military pilot with a U.S. 
Armed Force may be demonstrated by--
    (i) An official U.S. Armed Force order to flight status as a 
military pilot;
    (ii) An official U.S. Armed Force form or logbook showing military 
pilot status; or
    (iii) An official order showing that the rated military pilot 
graduated from a U.S. military pilot school and received a rating as a 
military pilot.
    (4) A certified U.S. Armed Force logbook or an appropriate official 
U.S. Armed Force form or summary may be used to demonstrate flight time 
in military aircraft as a member of a U.S. Armed Force.
    (5) An official U.S. Armed Force record of a military checkout as 
pilot in command may be used to demonstrate pilot in command status.
    (6) A current instrument grade slip that is issued by a U.S. Armed 
Force, or an official record of satisfactory accomplishment of an 
instrument proficiency check during the 12 calendar months preceding the 
month of the application may be used to demonstrate instrument pilot 
qualification.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, 
July 30, 1997]



Sec.  61.75  Private pilot certificate issued on the basis of a foreign 
pilot license.

    (a) General. A person who holds a current foreign pilot license 
issued by a contracting State to the Convention on International Civil 
Aviation may apply for and be issued a private pilot certificate with 
the appropriate ratings when the application is based on the foreign 
pilot license that meets the requirements of this section.
    (b) Certificate issued. A U.S. private pilot certificate that is 
issued under this section shall specify the person's foreign license 
number and country of issuance. A person who holds a current foreign 
pilot license issued by a contracting State to the Convention on 
International Civil Aviation may be issued a private pilot certificate 
based on the foreign pilot license without

[[Page 51]]

any further showing of proficiency, provided the applicant:
    (1) Meets the requirements of this section;
    (2) Holds a foreign pilot license that--
    (i) Is not under an order of revocation or suspension by the foreign 
country that issued the foreign pilot license; and
    (ii) Does not contain an endorsement stating that the applicant has 
not met all of the standards of ICAO for that license;
    (3) Does not currently hold a U.S. pilot certificate;
    (4) Holds a current medical certificate issued under part 67 of this 
chapter or a current medical certificate issued by the country that 
issued the person's foreign pilot license; and
    (5) Is able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (c) Aircraft ratings issued. Aircraft ratings listed on a person's 
foreign pilot license, in addition to any issued after testing under the 
provisions of this part, may be placed on that person's U.S. pilot 
certificate.
    (d) Instrument ratings issued. A person who holds an instrument 
rating on the foreign pilot license issued by a contracting State to the 
Convention on International Civil Aviation may be issued an instrument 
rating on a U.S. private pilot certificate provided:
    (1) The person's foreign pilot license authorizes instrument 
privileges;
    (2) Within 24 months preceding the month in which the person applies 
for the instrument rating, the person passes the appropriate knowledge 
test; and
    (3) The person is able to read, speak, write, and understand the 
English language. If the applicant is unable to meet one of these 
requirements due to medical reasons, then the Administrator may place 
such operating limitations on that applicant's pilot certificate as are 
necessary for the safe operation of the aircraft.
    (e) Operating privileges and limitations. A person who receives a 
U.S. private pilot certificate that has been issued under the provisions 
of this section:
    (1) May act as a pilot of a civil aircraft of U.S. registry in 
accordance with the private pilot privileges authorized by this part;
    (2) Is limited to the privileges placed on the certificate by the 
Administrator;
    (3) Is subject to the limitations and restrictions on the person's 
U.S. certificate and foreign pilot license when exercising the 
privileges of that U.S. pilot certificate in an aircraft of U.S. 
registry operating within or outside the United States; and
    (4) Shall not exercise the privileges of that U.S. private pilot 
certificate when the person's foreign pilot license has been revoked or 
suspended.
    (f) Limitation on licenses used as the basis for a U.S. certificate. 
Only one foreign pilot license may be used as a basis for issuing a U.S. 
private pilot certificate. The foreign pilot license and medical 
certification used as a basis for issuing a U.S. private pilot 
certificate under this section must be in the English language or 
accompanied by an English language transcription that has been signed by 
an official or representative of the foreign aviation authority that 
issued the foreign pilot license.
    (g) Limitation placed on a U.S. private pilot certificate. A U.S. 
private pilot certificate issued under this section is valid only when 
the holder has the foreign pilot license upon which the issuance of the 
U.S. private pilot certificate was based in the holder's personal 
possession or readily accessible in the aircraft.



Sec.  61.77  Special purpose pilot authorization: Operation of U.S.-registered 
civil aircraft leased by a person who is not a U.S. citizen.

    (a) General. The holder of a foreign pilot license issued by a 
contracting State to the Convention on International Civil Aviation who 
meets the requirements of this section may be issued a special purpose 
pilot authorization by the Administrator for the purpose of performing 
pilot duties--

[[Page 52]]

    (1) On a civil aircraft of U.S. registry that is leased to a person 
who is not a citizen of the United States, and
    (2) For carrying persons or property for compensation or hire on 
that aircraft.
    (b) Eligibility. To be eligible for the issuance or renewal of a 
special purpose pilot authorization, an applicant must present the 
following to an FAA Flight Standards District Office:
    (1) A current foreign pilot license that has been issued by the 
aeronautical authority of a contracting State to the Convention on 
International Civil Aviation from which the person holds citizenship or 
resident status and that contains the appropriate aircraft category, 
class, instrument rating, and type rating, if appropriate, for the 
aircraft to be flown;
    (2) A current certification by the lessee of the aircraft--
    (i) Stating that the applicant is employed by the lessee;
    (ii) Specifying the aircraft type on which the applicant will 
perform pilot duties; and
    (iii) Stating that the applicant has received ground and flight 
instruction that qualifies the applicant to perform the duties to be 
assigned on the aircraft.
    (3) Documentation showing when the applicant will reach the age of 
60 years (an official copy of the applicant's birth certificate or other 
official documentation);
    (4) Documentation that the applicant meets the medical standards for 
the issuance of the foreign pilot license from the aeronautical 
authority of the contracting State to the Convention on International 
Civil Aviation where the applicant holds citizenship or resident status;
    (5) Documentation that the applicant meets the recent flight 
experience requirements of this part (a logbook or flight record); and
    (6) A statement that the applicant does not already hold a special 
purpose pilot authorization; however, if the applicant already holds a 
special purpose pilot authorization, then that special purpose pilot 
authorization must be surrendered to either the FAA Flight Standards 
District Office that issued it, or the FAA Flight Standards District 
Office processing the application for the authorization, prior to being 
issued another special purpose pilot authorization.
    (c) Privileges. A person issued a special purpose pilot 
authorization under this section--
    (1) May exercise the privileges prescribed on the special purpose 
pilot authorization; and
    (2) Must comply with the limitations specified in this section and 
any additional limitations specified on the special purpose pilot 
authorization.
    (d) General limitations. A special purpose pilot authorization is 
valid only--
    (1) For flights between foreign countries or for flights in foreign 
air commerce within the time period allotted on the authorization;
    (2) If the foreign pilot license required by paragraph (b)(1) of 
this section, the medical documentation required by paragraph (b)(4) of 
this section, and the special purpose pilot authorization issued under 
this section are in the holder's physical possession or immediately 
accessible in the aircraft;
    (3) While the holder is employed by the person to whom the aircraft 
described in the certification required by paragraph (b)(2) of this 
section is leased;
    (4) While the holder is performing pilot duties on the U.S.-
registered aircraft described in the certification required by paragraph 
(b)(2) of this section; and
    (5) If the holder has only one special purpose pilot authorization 
as provided in paragraph (b)(6) of this section.
    (e) Age limitation. Except as provided in paragraph (g) of this 
section, no person who holds a special purpose pilot authorization 
issued under this part, and no person who holds a special purpose pilot 
certificate issued under this part before August 4, 1997, shall serve as 
a pilot on a civil airplane of U.S. registry if the person has reached 
his or her 60th birthday, in the following operations:
    (1) Scheduled international air services carrying passengers in 
turbojet-powered airplanes;
    (2) Scheduled international air services carrying passengers in 
airplanes having a passenger-seat configuration

[[Page 53]]

of more than nine passenger seats, excluding each crewmember seat;
    (3) Nonscheduled international air transportation for compensation 
or hire in airplanes having a passenger-seat configuration of more than 
30 passenger seats, excluding each crewmember seat; or
    (4) Scheduled international air services, or nonscheduled 
international air transportation for compensation or hire, in airplanes 
having a payload capacity of more than 7,500 pounds.
    (f) Definitions. (1) International air service, as used in paragraph 
(e) of this section, means scheduled air service performed in airplanes 
for the public transport of passengers, mail, or cargo, in which the 
service passes through the air space over the territory of more than one 
country.
    (2) International air transportation, as used in paragraph (e) of 
this section, means air transportation performed in airplanes for the 
public transport of passengers, mail, or cargo, in which service passes 
through the air space over the territory of more than one country.
    (g) Delayed pilot age limitations for certain operations. Until 
December 20, 1999, a person may serve as a pilot in the operations 
specified in paragraph (e) of this section after that person has reached 
his or her 60th birthday, if, on March 20, 1997, that person was 
employed as a pilot in any of the following operations:
    (1) Scheduled international air services carrying passengers in 
nontransport category turbopropeller-powered airplanes type certificated 
after December 31, 1964, that have a passenger-seat configuration of 10 
to 19 seats;
    (2) Scheduled international air services carrying passengers in 
transport category turbopropeller-powered airplanes that have a 
passenger-seat configuration of 20 to 30 seats; or
    (3) Scheduled international air services carrying passengers in 
turbojet-powered airplanes having a passenger-seat configuration of 1 to 
30 seats.
    (h) Expiration date. Each special purpose pilot authorization issued 
under this section expires--
    (1) 60 calendar months from the month it was issued, unless sooner 
suspended or revoked;
    (2) When the lease agreement for the aircraft expires or the lessee 
terminates the employment of the person who holds the special purpose 
pilot authorization;
    (3) Whenever the person's foreign pilot license has been suspended, 
revoked, or is no longer valid; or
    (4) When the person no longer meets the medical standards for the 
issuance of the foreign pilot license.
    (i) Renewal. A person exercising the privileges of a special purpose 
pilot authorization may apply for a 60-calendar-month extension of that 
authorization, provided the person--
    (1) Continues to meet the requirements of this section; and
    (2) Surrenders the expired special purpose pilot authorization upon 
receipt of the new authorization.
    (j) Surrender. The holder of a special purpose pilot authorization 
must surrender the authorization to the Administrator within 7 days 
after the date the authorization terminates.

[Doc. No. 25910, 62 FR 40901, July 30, 1997]



                        Subpart C_Student Pilots



Sec.  61.81  Applicability.

    This subpart prescribes the requirements for the issuance of student 
pilot certificates, the conditions under which those certificates are 
necessary, and the general operating rules and limitations for the 
holders of those certificates.



Sec.  61.83  Eligibility requirements for student pilots.

    To be eligible for a student pilot certificate, an applicant must:
    (a) Be at least 16 years of age for other than the operation of a 
glider or balloon.
    (b) Be at least 14 years of age for the operation of a glider or 
balloon.
    (c) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are

[[Page 54]]

necessary for the safe operation of the aircraft.



Sec.  61.85  Application.

    An application for a student pilot certificate is made on a form and 
in a manner provided by the Administrator and is submitted to:
    (a) A designated aviation medical examiner if applying for an FAA 
medical certificate under part 67 of this chapter;
    (b) An examiner; or
    (c) A Flight Standards District Office.



Sec.  61.87  Solo requirements for student pilots.

    (a) General. A student pilot may not operate an aircraft in solo 
flight unless that student has met the requirements of this section. The 
term ``solo flight'' as used in this subpart means that flight time 
during which a student pilot is the sole occupant of the aircraft or 
that flight time during which the student performs the duties of a pilot 
in command of a gas balloon or an airship requiring more than one pilot 
flight crewmember.
    (b) Aeronautical knowledge. A student pilot must demonstrate 
satisfactory aeronautical knowledge on a knowledge test that meets the 
requirements of this paragraph:
    (1) The test must address the student pilot's knowledge of--
    (i) Applicable sections of parts 61 and 91 of this chapter;
    (ii) Airspace rules and procedures for the airport where the solo 
flight will be performed; and
    (iii) Flight characteristics and operational limitations for the 
make and model of aircraft to be flown.
    (2) The student's authorized instructor must--
    (i) Administer the test; and
    (ii) At the conclusion of the test, review all incorrect answers 
with the student before authorizing that student to conduct a solo 
flight.
    (c) Pre-solo flight training. Prior to conducting a solo flight, a 
student pilot must have:
    (1) Received and logged flight training for the maneuvers and 
procedures of this section that are appropriate to the make and model of 
aircraft to be flown; and
    (2) Demonstrated satisfactory proficiency and safety, as judged by 
an authorized instructor, on the maneuvers and procedures required by 
this section in the make and model of aircraft or similar make and model 
of aircraft to be flown.
    (d) Maneuvers and procedures for pre-solo flight training in a 
single-engine airplane. A student pilot who is receiving training for a 
single-engine airplane rating must receive and log flight training for 
the following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents, with and without turns, using high and low drag 
configurations;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) Stall entries from various flight attitudes and power 
combinations with recovery initiated at the first indication of a stall, 
and recovery from a full stall;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing area with simulated engine 
malfunctions;
    (14) Slips to a landing; and
    (15) Go-arounds.
    (e) Maneuvers and procedures for pre-solo flight training in a 
multiengine airplane. A student pilot who is receiving training for a 
multiengine airplane rating must receive and log flight training for the 
following maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;

[[Page 55]]

    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents, with and without turns, using high and low drag 
configurations;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) Stall entries from various flight attitudes and power 
combinations with recovery initiated at the first indication of a stall, 
and recovery from a full stall;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing area with simulated engine 
malfunctions; and
    (14) Go-arounds.
    (f) Maneuvers and procedures for pre-solo flight training in a 
helicopter. A student pilot who is receiving training for a helicopter 
rating must receive and log flight training for the following maneuvers 
and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Approaches to the landing area;
    (13) Hovering and hovering turns;
    (14) Go-arounds;
    (15) Simulated emergency procedures, including autorotational 
descents with a power recovery and power recovery to a hover;
    (16) Rapid decelerations; and
    (17) Simulated one-engine-inoperative approaches and landings for 
multiengine helicopters.
    (g) Maneuvers and procedures for pre-solo flight training in a 
gyroplane. A student pilot who is receiving training for a gyroplane 
rating must receive and log flight training for the following maneuvers 
and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Approaches to the landing area;
    (13) High rates of descent with power on and with simulated power 
off, and recovery from those flight configurations;
    (14) Go-arounds; and
    (15) Simulated emergency procedures, including simulated power-off 
landings and simulated power failure during departures.
    (h) Maneuvers and procedures for pre-solo flight training in a 
powered-lift. A student pilot who is receiving training for a powered-
lift rating must receive and log flight training in the following 
maneuvers and procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;

[[Page 56]]

    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) Stall entries from various flight attitudes and power 
combinations with recovery initiated at the first indication of a stall, 
and recovery from a full stall;
    (11) Emergency procedures and equipment malfunctions;
    (12) Ground reference maneuvers;
    (13) Approaches to a landing with simulated engine malfunctions;
    (14) Go-arounds;
    (15) Approaches to the landing area;
    (16) Hovering and hovering turns; and
    (17) For multiengine powered-lifts, simulated one-engine-inoperative 
approaches and landings.
    (i) Maneuvers and procedures for pre-solo flight training in a 
glider. A student pilot who is receiving training for a glider rating 
must receive and log flight training for the following maneuvers and 
procedures:
    (1) Proper flight preparation procedures, including preflight 
planning, preparation, aircraft systems, and, if appropriate, powerplant 
operations;
    (2) Taxiing or surface operations, including runups, if applicable;
    (3) Launches, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions, if 
applicable;
    (5) Airport traffic patterns, including entry procedures;
    (6) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (7) Descents with and without turns using high and low drag 
configurations;
    (8) Flight at various airspeeds;
    (9) Emergency procedures and equipment malfunctions;
    (10) Ground reference maneuvers, if applicable;
    (11) Inspection of towline rigging and review of signals and release 
procedures, if applicable;
    (12) Aerotow, ground tow, or self-launch procedures;
    (13) Procedures for disassembly and assembly of the glider;
    (14) Stall entry, stall, and stall recovery;
    (15) Straight glides, turns, and spirals;
    (16) Landings, including normal and crosswind;
    (17) Slips to a landing;
    (18) Procedures and techniques for thermalling; and
    (19) Emergency operations, including towline break procedures.
    (j) Maneuvers and procedures for pre-solo flight training in an 
airship. A student pilot who is receiving training for an airship rating 
must receive and log flight training for the following maneuvers and 
procedures:
    (1) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, and turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns, including entry and departure 
procedures;
    (7) Collision avoidance, windshear avoidance, and wake turbulence 
avoidance;
    (8) Descents with and without turns;
    (9) Flight at various airspeeds from cruise to slow flight;
    (10) Emergency procedures and equipment malfunctions;
    (11) Ground reference maneuvers;
    (12) Rigging, ballasting, and controlling pressure in the ballonets, 
and superheating; and
    (13) Landings with positive and with negative static trim.
    (k) Maneuvers and procedures for pre-solo flight training in a 
balloon. A student pilot who is receiving training in a balloon must 
receive and log flight training for the following maneuvers and 
procedures:
    (1) Layout and assembly procedures;
    (2) Proper flight preparation procedures, including preflight 
planning and preparation, and aircraft systems;
    (3) Ascents and descents;

[[Page 57]]

    (4) Landing and recovery procedures;
    (5) Emergency procedures and equipment malfunctions;
    (6) Operation of hot air or gas source, ballast, valves, vents, and 
rip panels, as appropriate;
    (7) Use of deflation valves or rip panels for simulating an 
emergency;
    (8) The effects of wind on climb and approach angles; and
    (9) Obstruction detection and avoidance techniques.
    (l) Limitations on student pilots operating an aircraft in solo 
flight. A student pilot may not operate an aircraft in solo flight 
unless that student pilot has received:
    (1) An endorsement from an authorized instructor on his or her 
student pilot certificate for the specific make and model aircraft to be 
flown; and
    (2) An endorsement in the student's logbook for the specific make 
and model aircraft to be flown by an authorized instructor, who gave the 
training within the 90 days preceding the date of the flight.
    (m) Limitations on student pilots operating an aircraft in solo 
flight at night. A student pilot may not operate an aircraft in solo 
flight at night unless that student pilot has received:
    (1) Flight training at night on night flying procedures that 
includes takeoffs, approaches, landings, and go-arounds at night at the 
airport where the solo flight will be conducted;
    (2) Navigation training at night in the vicinity of the airport 
where the solo flight will be conducted; and
    (3) An endorsement in the student's logbook for the specific make 
and model aircraft to be flown for night solo flight by an authorized 
instructor who gave the training within the 90-day period preceding the 
date of the flight.
    (n) Limitations on flight instructors authorizing solo flight. (1) 
No instructor may authorize a student pilot to perform a solo flight 
unless that instructor has--
    (i) Given that student pilot training in the make and model of 
aircraft or a similar make and model of aircraft in which the solo 
flight is to be flown;
    (ii) Determined the student pilot is proficient in the maneuvers and 
procedures prescribed in this section;
    (iii) Determined the student pilot is proficient in the make and 
model of aircraft to be flown;
    (iv) Ensured that the student pilot's certificate has been endorsed 
by an instructor authorized to provide flight training for the specific 
make and model aircraft to be flown; and
    (v) Endorsed the student pilot's logbook for the specific make and 
model aircraft to be flown, and that endorsement remains current for 
solo flight privileges, provided an authorized instructor updates the 
student's logbook every 90 days thereafter.
    (2) The flight training required by this section must be given by an 
instructor authorized to provide flight training who is appropriately 
rated and current.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998]



Sec.  61.89  General limitations.

    (a) A student pilot may not act as pilot in command of an aircraft:
    (1) That is carrying a passenger;
    (2) That is carrying property for compensation or hire;
    (3) For compensation or hire;
    (4) In furtherance of a business;
    (5) On an international flight, except that a student pilot may make 
solo training flights from Haines, Gustavus, or Juneau, Alaska, to White 
Horse, Yukon, Canada, and return over the province of British Columbia;
    (6) With a flight or surface visibility of less than 3 statute miles 
during daylight hours or 5 statute miles at night;
    (7) When the flight cannot be made with visual reference to the 
surface; or
    (8) In a manner contrary to any limitations placed in the pilot's 
logbook by an authorized instructor.
    (b) A student pilot may not act as a required pilot flight 
crewmember on any aircraft for which more than one pilot is required by 
the type certificate of the aircraft or regulations under which the 
flight is conducted, except when receiving flight training from an 
authorized instructor on board an airship, and no person other than a 
required flight crewmember is carried on the aircraft.

[[Page 58]]



Sec.  61.91  [Reserved]



Sec.  61.93  Solo cross-country flight requirements.

    (a) General. (1) Except as provided in paragraph (b) of this 
section, a student pilot must meet the requirements of this section 
before--
    (i) Conducting a solo cross-country flight, or any flight greater 
than 25 nautical miles from the airport from where the flight 
originated.
    (ii) Making a solo flight and landing at any location other than the 
airport of origination.
    (2) Except as provided in paragraph (b) of this section, a student 
pilot who seeks solo cross-country flight privileges must:
    (i) Have received flight training from an instructor authorized to 
provide flight training on the maneuvers and procedures of this section 
that are appropriate to the make and model of aircraft for which solo 
cross-country privileges are sought;
    (ii) Have demonstrated cross-country proficiency on the appropriate 
maneuvers and procedures of this section to an authorized instructor;
    (iii) Have satisfactorily accomplished the pre-solo flight maneuvers 
and procedures required by Sec.  61.87 of this part in the make and 
model of aircraft or similar make and model of aircraft for which solo 
cross-country privileges are sought; and
    (iv) Comply with any limitations included in the authorized 
instructor's endorsement that are required by paragraph (c) of this 
section.
    (3) A student pilot who seeks solo cross-country flight privileges 
must have received ground and flight training from an authorized 
instructor on the cross-country maneuvers and procedures listed in this 
section that are appropriate to the aircraft to be flown.
    (b) Authorization to perform certain solo flights and cross-country 
flights. A student pilot must obtain an endorsement from an authorized 
instructor to make solo flights from the airport where the student pilot 
normally receives training to another location. A student pilot who 
receives this endorsement must comply with the requirements of this 
paragraph.
    (1) Solo flights may be made to another airport that is within 25 
nautical miles from the airport where the student pilot normally 
receives training, provided--
    (i) An authorized instructor has given the student pilot flight 
training at the other airport, and that training includes flight in both 
directions over the route, entering and exiting the traffic pattern, and 
takeoffs and landings at the other airport;
    (ii) The authorized instructor who gave the training endorses the 
student pilot's logbook authorizing the flight;
    (iii) The student pilot has current solo flight endorsements in 
accordance with Sec.  61.87 of this part;
    (iv) The authorized instructor has determined that the student pilot 
is proficient to make the flight; and
    (v) The purpose of the flight is to practice takeoffs and landings 
at that other airport.
    (2) Repeated specific solo cross-country flights may be made to 
another airport that is within 50 nautical miles of the airport from 
which the flight originated, provided--
    (i) The authorized instructor has given the student flight training 
in both directions over the route, including entering and exiting the 
traffic patterns, takeoffs, and landings at the airports to be used;
    (ii) The authorized instructor who gave the training has endorsed 
the student's logbook certifying that the student is proficient to make 
such flights;
    (iii) The student has current solo flight endorsements in accordance 
with Sec.  61.87 of this part; and
    (iv) The student has current solo cross-country flight endorsements 
in accordance with paragraph (c) of this section; however, for repeated 
solo cross-country flights to another airport within 50 nautical miles 
from which the flight originated, separate endorsements are not required 
to be made for each flight.
    (c) Endorsements for solo cross-country flights. Except as specified 
in paragraph (b)(2) of this section, a student pilot must have the 
endorsements prescribed in this paragraph for each cross-country flight:
    (1) Student pilot certificate endorsement. A student pilot must have 
a solo

[[Page 59]]

cross-country endorsement from the authorized instructor who conducted 
the training, and that endorsement must be placed on that person's 
student pilot certificate for the specific category of aircraft to be 
flown.
    (2) Logbook endorsement. (i) A student pilot must have a solo cross-
country endorsement from an authorized instructor that is placed in the 
student pilot's logbook for the specific make and model of aircraft to 
be flown.
    (ii) For each cross-country flight, the authorized instructor who 
reviews the cross-country planning must make an endorsement in the 
person's logbook after reviewing that person's cross-country planning, 
as specified in paragraph (d) of this section. The endorsement must--
    (A) Specify the make and model of aircraft to be flown;
    (B) State that the student's preflight planning and preparation is 
correct and that the student is prepared to make the flight safely under 
the known conditions; and
    (C) State that any limitations required by the student's authorized 
instructor are met.
    (d) Limitations on authorized instructors to permit solo cross-
country flights. An authorized instructor may not permit a student pilot 
to conduct a solo cross-country flight unless that instructor has:
    (1) Determined that the student's cross-country planning is correct 
for the flight;
    (2) Reviewed the current and forecast weather conditions and has 
determined that the flight can be completed under VFR;
    (3) Determined that the student is proficient to conduct the flight 
safely;
    (4) Determined that the student has the appropriate solo cross-
country endorsement for the make and model of aircraft to be flown; and
    (5) Determined that the student's solo flight endorsement is current 
for the make and model aircraft to be flown.
    (e) Maneuvers and procedures for cross-country flight training in a 
single-engine airplane. A student pilot who is receiving training for 
cross-country flight in a single-engine airplane must receive and log 
flight training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
    (11) Climbs at best angle and best rate; and
    (12) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (f) Maneuvers and procedures for cross-country flight training in a 
multiengine airplane. A student pilot who is receiving training for 
cross-country flight in a multiengine airplane must receive and log 
flight training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;

[[Page 60]]

    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures, including short-
field, soft-field, and crosswind takeoffs, approaches, and landings;
    (11) Climbs at best angle and best rate; and
    (12) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (g) Maneuvers and procedures for cross-country flight training in a 
helicopter. A student pilot who is receiving training for cross-country 
flight in a helicopter must receive and log flight training for the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications; and
    (10) Takeoff, approach, and landing procedures.
    (h) Maneuvers and procedures for cross-country flight training in a 
gyroplane. A student pilot who is receiving training for cross-country 
flight in a gyroplane must receive and log flight training in the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications; and

[[Page 61]]

    (10) Takeoff, approach, and landing procedures, including short-
field and soft-field takeoffs, approaches, and landings.
    (i) Maneuvers and procedures for cross-country flight training in a 
powered-lift. A student pilot who is receiving training for cross-
country flight training in a powered-lift must receive and log flight 
training in the following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Takeoff, approach, and landing procedures that include high-
altitude, steep, and shallow takeoffs, approaches, and landings; and
    (11) Control and maneuvering solely by reference to flight 
instruments, including straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
    (j) Maneuvers and procedures for cross-country flight training in a 
glider. A student pilot who is receiving training for cross-country 
flight in a glider must receive and log flight training in the following 
maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival, entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Landings accomplished without the use of the altimeter from at 
least 2,000 feet above the surface; and
    (10) Recognition of weather and upper air conditions favorable for 
cross-country soaring, ascending and descending flight, and altitude 
control.
    (k) Maneuvers and procedures for cross-country flight training in an 
airship. A student pilot who is receiving training for cross-country 
flight in an airship must receive and log flight training for the 
following maneuvers and procedures:
    (1) Use of aeronautical charts for VFR navigation using pilotage and 
dead reckoning with the aid of a magnetic compass;
    (2) Use of aircraft performance charts pertaining to cross-country 
flight;
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognition of critical weather situations and 
estimating visibility while in flight;
    (4) Emergency procedures;
    (5) Traffic pattern procedures that include area departure, area 
arrival,

[[Page 62]]

entry into the traffic pattern, and approach;
    (6) Procedures and operating practices for collision avoidance, wake 
turbulence precautions, and windshear avoidance;
    (7) Recognition, avoidance, and operational restrictions of 
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
    (8) Procedures for operating the instruments and equipment installed 
in the aircraft to be flown, including recognition and use of the proper 
operational procedures and indications;
    (9) Use of radios for VFR navigation and two-way communications;
    (10) Control of air pressure with regard to ascending and descending 
flight and altitude control;
    (11) Control of the airship solely by reference to flight 
instruments; and
    (12) Recognition of weather and upper air conditions conducive for 
the direction of cross-country flight.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec.  61.95  Operations in Class B airspace and at airports located 
within Class B airspace.

    (a) A student pilot may not operate an aircraft on a solo flight in 
Class B airspace unless:
    (1) The student pilot has received both ground and flight training 
from an authorized instructor on that Class B airspace area, and the 
flight training was received in the specific Class B airspace area for 
which solo flight is authorized;
    (2) The logbook of that student pilot has been endorsed by the 
authorized instructor who gave the student pilot flight training, and 
the endorsement is dated within the 90-day period preceding the date of 
the flight in that Class B airspace area; and
    (3) The logbook endorsement specifies that the student pilot has 
received the required ground and flight training, and has been found 
proficient to conduct solo flight in that specific Class B airspace 
area.
    (b) A student pilot may not operate an aircraft on a solo flight to, 
from, or at an airport located within Class B airspace pursuant to Sec.  
91.131(b) of this chapter unless:
    (1) The student pilot has received both ground and flight training 
from an instructor authorized to provide training to operate at that 
airport, and the flight and ground training has been received at the 
specific airport for which the solo flight is authorized;
    (2) The logbook of that student pilot has been endorsed by an 
authorized instructor who gave the student pilot flight training, and 
the endorsement is dated within the 90-day period preceding the date of 
the flight at that airport; and
    (3) The logbook endorsement specifies that the student pilot has 
received the required ground and flight training, and has been found 
proficient to conduct solo flight operations at that specific airport.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



                      Subpart D_Recreational Pilots



Sec.  61.96  Applicability and eligibility requirements: General.

    (a) This subpart prescribes the requirement for the issuance of 
recreational pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the general operating 
rules for persons who hold those certificates and ratings.
    (b) To be eligible for a recreational pilot certificate, a person 
who applies for that certificate must:
    (1) Be at least 17 years of age;
    (2) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (3) Receive a logbook endorsement from an authorized instructor 
who--
    (i) Conducted the training or reviewed the applicant's home study on 
the aeronautical knowledge areas listed in Sec.  61.97(b) of this part 
that apply to the aircraft category and class rating sought; and

[[Page 63]]

    (ii) Certified that the applicant is prepared for the required 
knowledge test.
    (4) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec.  61.97(b) of this part;
    (5) Receive flight training and a logbook endorsement from an 
authorized instructor who--
    (i) Conducted the training on the areas of operation listed in Sec.  
61.98(b) of this part that apply to the aircraft category and class 
rating sought; and
    (ii) Certified that the applicant is prepared for the required 
practical test.
    (6) Meet the aeronautical experience requirements of Sec.  61.99 of 
this part that apply to the aircraft category and class rating sought 
before applying for the practical test;
    (7) Pass the required practical test on the areas of operation 
listed in Sec.  61.98(b) of this part that apply to the aircraft 
category and class rating sought; and
    (8) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec.  61.97  Aeronautical knowledge.

    (a) General. A person who applies for a recreational pilot 
certificate must receive and log ground training from an authorized 
instructor or complete a home-study course on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the aircraft 
category and class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to recreational pilot 
privileges, limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Use of the applicable portions of the ``Aeronautical Information 
Manual'' and FAA advisory circulars;
    (4) Use of aeronautical charts for VFR navigation using pilotage 
with the aid of a magnetic compass;
    (5) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (6) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (7) Effects of density altitude on takeoff and climb performance;
    (8) Weight and balance computations;
    (9) Principles of aerodynamics, powerplants, and aircraft systems;
    (10) Stall awareness, spin entry, spins, and spin recovery 
techniques, if applying for an airplane single-engine rating;
    (11) Aeronautical decision making and judgment; and
    (12) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (ii) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec.  61.98  Flight proficiency.

    (a) General. A person who applies for a recreational pilot 
certificate must receive and log ground and flight training from an 
authorized instructor on the areas of operation of this section that 
apply to the aircraft category and class rating sought.
    (b) Areas of operation. (1) For a single-engine airplane rating: (i) 
Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (2) For a helicopter rating: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Emergency operations; and

[[Page 64]]

    (x) Postflight procedures.
    (3) For a gyroplane rating: (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations; and
    (x) Postflight procedures.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec.  61.99  Aeronautical experience.

    A person who applies for a recreational pilot certificate must 
receive and log at least 30 hours of flight training time that includes 
at least:
    (a) 15 hours of flight training from an authorized instructor on the 
areas of operation listed in Sec.  61.98 of this part that consists of 
at least:
    (1) Except as provided in Sec.  61.100 of this part, 2 hours of 
flight training en route to an airport that is located more than 25 
nautical miles from the airport where the applicant normally trains, 
which includes at least three takeoffs and three landings at the airport 
located more than 25 nautical miles from the airport where the applicant 
normally trains; and
    (2) 3 hours of flight training in the aircraft for the rating sought 
in preparation for the practical test within the 60 days preceding the 
date of the practical test.
    (b) 3 hours of solo flying in the aircraft for the rating sought, on 
the areas of operation listed in Sec.  61.98 of this part that apply to 
the aircraft category and class rating sought.



Sec.  61.100  Pilots based on small islands.

    (a) An applicant located on an island from which the flight training 
required in Sec.  61.99(a)(1) of this part cannot be accomplished 
without flying over water for more than 10 nautical miles from the 
nearest shoreline need not comply with the requirements of that section. 
However, if other airports that permit civil operations are available to 
which a flight may be made without flying over water for more than 10 
nautical miles from the nearest shoreline, the applicant must show 
completion of a dual flight between two airports, which must include 
three landings at the other airport.
    (b) An applicant who complies with paragraph (a) of this section and 
meets all requirements for the issuance of a recreational pilot 
certificate, except the requirements of Sec.  61.99(a)(1) of this part, 
will be issued a pilot certificate with an endorsement containing the 
following limitation, ``Passenger carrying prohibited on flights more 
than 10 nautical miles from (the appropriate island).'' The limitation 
may be subsequently amended to include another island if the applicant 
complies with the requirements of paragraph (a) of this section for 
another island.
    (c) Upon meeting the requirements of Sec.  61.99(a)(1) of this part, 
the applicant may have the limitation(s) in paragraph (b) of this 
section removed.



Sec.  61.101  Recreational pilot privileges and limitations.

    (a) A person who holds a recreational pilot certificate may:
    (1) Carry no more than one passenger; and
    (2) Not pay less than the pro rata share of the operating expenses 
of a flight with a passenger, provided the expenses involve only fuel, 
oil, airport expenses, or aircraft rental fees.
    (b) A person who holds a recreational pilot certificate may act as 
pilot in command of an aircraft on a flight that is within 50 nautical 
miles from the departure airport, provided that person has:
    (1) Received ground and flight training for takeoff, departure, 
arrival, and landing procedures at the departure airport;
    (2) Received ground and flight training for the area, terrain, and 
aids to navigation that are in the vicinity of the departure airport;
    (3) Been found proficient to operate the aircraft at the departure 
airport and the area within 50 nautical miles from that airport; and
    (4) Received from an authorized instructor a logbook endorsement, 
which is carried in the person's possession in the aircraft, that 
permits flight within 50 nautical miles from the departure airport.

[[Page 65]]

    (c) A person who holds a recreational pilot certificate may act as 
pilot in command of an aircraft on a flight that exceeds 50 nautical 
miles from the departure airport, provided that person has:
    (1) Received ground and flight training from an authorized 
instructor on the cross-country training requirements of subpart E of 
this part that apply to the aircraft rating held;
    (2) Been found proficient in cross-country flying; and
    (3) Received from an authorized instructor a logbook endorsement, 
which is carried on the person's possession in the aircraft, that 
certifies the person has received and been found proficient in the 
cross-country training requirements of subpart E of this part that apply 
to the aircraft rating held.
    (d) Except as provided in paragraph (h) of this section, a 
recreational pilot may not act as pilot in command of an aircraft:
    (1) That is certificated for more than four occupants, with more 
than one powerplant, with a powerplant of more than 180 horsepower, or 
with retractable landing gear.
    (2) That is classified as a multiengine airplane, powered-lift, 
glider, airship, or balloon;
    (3) That is carrying a passenger or property for compensation or 
hire;
    (4) For compensation or hire;
    (5) In furtherance of a business;
    (6) Between sunset and sunrise;
    (7) In airspace in which communication with air traffic control is 
required;
    (8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, 
whichever is higher;
    (9) When the flight or surface visibility is less than 3 statute 
miles;
    (10) Without visual reference to the surface;
    (11) On a flight outside the United States;
    (12) To demonstrate that aircraft in flight to a prospective buyer;
    (13) That is used in a passenger-carrying airlift and sponsored by a 
charitable organization; and
    (14) That is towing any object.
    (e) A recreational pilot may not act as a pilot flight crewmember on 
any aircraft for which more than one pilot is required by the type 
certificate of the aircraft or the regulations under which the flight is 
conducted, except when:
    (1) Receiving flight training from a person authorized to provide 
flight training on board an airship; and
    (2) No person other than a required flight crewmember is carried on 
the aircraft.
    (f) A person who holds a recreational pilot certificate, has logged 
fewer than 400 flight hours, and has not logged pilot-in-command time in 
an aircraft within the 180 days preceding the flight shall not act as 
pilot in command of an aircraft until the pilot receives flight training 
and a logbook endorsement from an authorized instructor, and the 
instructor certifies that the person is proficient to act as pilot in 
command of the aircraft. This requirement can be met in combination with 
the requirements of Sec. Sec.  61.56 and 61.57 of this part, at the 
discretion of the authorized instructor.
    (g) A recreational pilot certificate issued under this subpart 
carries the notation, ``Holder does not meet ICAO requirements.''
    (h) For the purpose of obtaining additional certificates or ratings 
while under the supervision of an authorized instructor, a recreational 
pilot may fly as the sole occupant of an aircraft:
    (1) For which the pilot does not hold an appropriate category or 
class rating;
    (2) Within airspace that requires communication with air traffic 
control; or
    (3) Between sunset and sunrise, provided the flight or surface 
visibility is at least 5 statute miles.
    (i) In order to fly solo as provided in paragraph (h) of this 
section, the recreational pilot must meet the appropriate aeronautical 
knowledge and flight training requirements of Sec.  61.87 for that 
aircraft. When operating an aircraft under the conditions specified in 
paragraph (h) of this section, the recreational pilot shall carry the 
logbook that has been endorsed for each flight by an authorized 
instructor who:
    (1) Has given the recreational pilot training in the make and model 
of aircraft in which the solo flight is to be made;

[[Page 66]]

    (2) Has found that the recreational pilot has met the applicable 
requirements of Sec.  61.87; and
    (3) Has found that the recreational pilot is competent to make solo 
flights in accordance with the logbook endorsement.



                        Subpart E_Private Pilots



Sec.  61.102  Applicability.

    This subpart prescribes the requirements for the issuance of private 
pilot certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the general operating rules 
for persons who hold those certificates and ratings.



Sec.  61.103  Eligibility requirements: General.

    To be eligible for a private pilot certificate, a person must:
    (a) Be at least 17 years of age for a rating in other than a glider 
or balloon.
    (b) Be at least 16 years of age for a rating in a glider or balloon.
    (c) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (d) Receive a logbook endorsement from an authorized instructor who:
    (1) Conducted the training or reviewed the person's home study on 
the aeronautical knowledge areas listed in Sec.  61.105(b) of this part 
that apply to the aircraft rating sought; and
    (2) Certified that the person is prepared for the required knowledge 
test.
    (e) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec.  61.105(b) of this part.
    (f) Receive flight training and a logbook endorsement from an 
authorized instructor who:
    (1) Conducted the training in the areas of operation listed in Sec.  
61.107(b) of this part that apply to the aircraft rating sought; and
    (2) Certified that the person is prepared for the required practical 
test.
    (g) Meet the aeronautical experience requirements of this part that 
apply to the aircraft rating sought before applying for the practical 
test.
    (h) Pass a practical test on the areas of operation listed in Sec.  
61.107(b) of this part that apply to the aircraft rating sought.
    (i) Comply with the appropriate sections of this part that apply to 
the aircraft category and class rating sought.



Sec.  61.105  Aeronautical knowledge.

    (a) General. A person who is applying for a private pilot 
certificate must receive and log ground training from an authorized 
instructor or complete a home-study course on the aeronautical knowledge 
areas of paragraph (b) of this section that apply to the aircraft 
category and class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to private pilot privileges, 
limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Use of the applicable portions of the ``Aeronautical Information 
Manual'' and FAA advisory circulars;
    (4) Use of aeronautical charts for VFR navigation using pilotage, 
dead reckoning, and navigation systems;
    (5) Radio communication procedures;
    (6) Recognition of critical weather situations from the ground and 
in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts;
    (7) Safe and efficient operation of aircraft, including collision 
avoidance, and recognition and avoidance of wake turbulence;
    (8) Effects of density altitude on takeoff and climb performance;
    (9) Weight and balance computations;
    (10) Principles of aerodynamics, powerplants, and aircraft systems;
    (11) Stall awareness, spin entry, spins, and spin recovery 
techniques for the airplane and glider category ratings;
    (12) Aeronautical decision making and judgment; and
    (13) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended

[[Page 67]]

use, data on takeoff and landing distances, weather reports and 
forecasts, and fuel requirements; and
    (ii) How to plan for alternatives if the planned flight cannot be 
completed or delays are encountered.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40902, 
July 30, 1997]



Sec.  61.107  Flight proficiency.

    (a) General. A person who applies for a private pilot certificate 
must receive and log ground and flight training from an authorized 
instructor on the areas of operation of this section that apply to the 
aircraft category and class rating sought.
    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Night operations, except as provided in Sec.  61.110 of this 
part; and
    (xii) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Basic instrument maneuvers;
    (x) Emergency operations;
    (xi) Multiengine operations;
    (xii) Night operations, except as provided in Sec.  61.110 of this 
part; and
    (xiii) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Night operations, except as provided in Sec.  61.110 of this 
part; and
    (x) Postflight procedures.
    (4) For a rotorcraft category rating with a gyroplane class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Flight at slow airspeeds;
    (ix) Emergency operations;
    (x) Night operations, except as provided in Sec.  61.110 of this 
part; and
    (xi) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Basic instrument maneuvers;
    (xi) Emergency operations;
    (xii) Night operations, except as provided in Sec.  61.110 of this 
part; and
    (xiii) Postflight procedures.
    (6) For a glider category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air category rating with an airship class 
rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;

[[Page 68]]

    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (8) For a lighter-than-air category rating with a balloon class 
rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Launches and landings;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Emergency operations; and
    (viii) Postflight procedures.



Sec.  61.109  Aeronautical experience.

    (a) For an airplane single-engine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a private pilot 
certificate with an airplane category and single-engine class rating 
must log at least 40 hours of flight time that includes at least 20 
hours of flight training from an authorized instructor and 10 hours of 
solo flight training in the areas of operation listed in Sec.  
61.107(b)(1) of this part, and the training must include at least--
    (1) 3 hours of cross-country flight training in a single-engine 
airplane;
    (2) Except as provided in Sec.  61.110 of this part, 3 hours of 
night flight training in a single-engine airplane that includes--
    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a single-engine airplane on the 
control and maneuvering of an airplane solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual flight 
attitudes, radio communications, and the use of navigation systems/
facilities and radar services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a single-engine airplane, which must have been performed within 60 
days preceding the date of the test; and
    (5) 10 hours of solo flight time in a single-engine airplane, 
consisting of at least--
    (i) 5 hours of solo cross-country time;
    (ii) One solo cross-country flight of at least 150 nautical miles 
total distance, with full-stop landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 50 nautical miles between the takeoff and landing locations; 
and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (b) For an airplane multiengine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a private pilot 
certificate with an airplane category and multiengine class rating must 
log at least 40 hours of flight time that includes at least 20 hours of 
flight training from an authorized instructor and 10 hours of solo 
flight training in the areas of operation listed in Sec.  61.107(b)(2) 
of this part, and the training must include at least--
    (1) 3 hours of cross-country flight training in a multiengine 
airplane;
    (2) Except as provided in Sec.  61.110 of this part, 3 hours of 
night flight training in a multiengine airplane that includes--
    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a multiengine airplane on the 
control and maneuvering of an airplane solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual flight 
attitudes, radio communications, and the use of navigation systems/
facilities and radar services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a multiengine airplane, which must have been performed within the 60-
day period preceding the date of the test; and
    (5) 10 hours of solo flight time in an airplane consisting of at 
least--

[[Page 69]]

    (i) 5 hours of solo cross-country time;
    (ii) One solo cross-country flight of at least 150 nautical miles 
total distance, with full-stop landings at a minimum of three points, 
and one segment of the flight consisting of a straight-line distance of 
at least 50 nautical miles between the takeoff and landing locations; 
and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (c) For a helicopter rating. Except as provided in paragraph (i) of 
this section, a person who applies for a private pilot certificate with 
rotorcraft category and helicopter class rating must log at least 40 
hours of flight time that includes at least 20 hours of flight training 
from an authorized instructor and 10 hours of solo flight training in 
the areas of operation listed in Sec.  61.107(b)(3) of this part, and 
the training must include at least--
    (1) 3 hours of cross-country flight training in a helicopter;
    (2) Except as provided in Sec.  61.110 of this part, 3 hours of 
night flight training in a helicopter that includes--
    (i) One cross-country flight of over 50 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in preparation for the practical test 
in a helicopter, which must have been performed within 60 days preceding 
the date of the test; and
    (4) 10 hours of solo flight time in a helicopter, consisting of at 
least--
    (i) 3 hours cross-country time;
    (ii) One solo cross-country flight of at least 75 nautical miles 
total distance, with landings at a minimum of three points, and one 
segment of the flight being a straight-line distance of at least 25 
nautical miles between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (d) For a gyroplane rating. Except as provided in paragraph (i) of 
this section, a person who applies for a private pilot certificate with 
rotorcraft category and gyroplane class rating must log at least 40 
hours of flight time that includes at least 20 hours of flight training 
from an authorized instructor and 10 hours of solo flight training in 
the areas of operation listed in Sec.  61.107(b)(4) of this part, and 
the training must include at least--
    (1) 3 hours of cross-country flight training in a gyroplane;
    (2) Except as provided in Sec.  61.110 of this part, 3 hours of 
night flight training in a gyroplane that includes--
    (i) One cross-country flight of over 50 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in preparation for the practical test 
in a gyroplane, which must have been performed within the 60-day period 
preceding the date of the test; and
    (4) 10 hours of solo flight time in a gyroplane, consisting of at 
least--
    (i) 3 hours of cross-country time;
    (ii) One solo cross-country flight of over 75 nautical miles total 
distance, with landings at a minimum of three points, and one segment of 
the flight being a straight-line distance of at least 25 nautical miles 
between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (e) For a powered-lift rating. Except as provided in paragraph (i) 
of this section, a person who applies for a private pilot certificate 
with a powered-lift category rating must log at least 40 hours of flight 
time that includes at least 20 hours of flight training from an 
authorized instructor and 10 hours of solo flight training in the areas 
of operation listed in Sec.  61.107(b)(5) of this part, and the training 
must include at least--
    (1) 3 hours of cross-country flight training in a powered-lift;
    (2) Except as provided in Sec.  61.110 of this part, 3 hours of 
night flight training in a powered-lift that includes--

[[Page 70]]

    (i) One cross-country flight of over 100 nautical miles total 
distance; and
    (ii) 10 takeoffs and 10 landings to a full stop (with each landing 
involving a flight in the traffic pattern) at an airport.
    (3) 3 hours of flight training in a powered-lift on the control and 
maneuvering of a powered-lift solely by reference to instruments, 
including straight and level flight, constant airspeed climbs and 
descents, turns to a heading, recovery from unusual flight attitudes, 
radio communications, and the use of navigation systems/facilities and 
radar services appropriate to instrument flight;
    (4) 3 hours of flight training in preparation for the practical test 
in a powered-lift, which must have been performed within the 60-day 
period preceding the date of the test; and
    (5) 10 hours of solo flight time in an airplane or powered-lift 
consisting of at least--
    (i) 5 hours cross-country time;
    (ii) One cross-country flight of at least 150 nautical miles total 
distance, with landings at a minimum of three points, and one segment of 
the flight being a straight-line distance of at least 50 nautical miles 
between the takeoff and landing locations; and
    (iii) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport with an 
operating control tower.
    (f) For a glider category rating. (1) If the applicant for a private 
pilot certificate with a glider category rating has not logged at least 
40 hours of flight time as a pilot in a heavier-than-air aircraft, the 
applicant must log at least 10 hours of flight time in a glider in the 
areas of operation listed in Sec.  61.107(b)(6) of this part, and that 
flight time must include at least--
    (i) 20 flights in a glider in the areas of operations listed in 
Sec.  61.107(b)(6) of this part, including at least 3 training flights 
in a glider with an authorized instructor in preparation for the 
practical test that must have been performed within the 60-day period 
preceding the date of the test; and
    (ii) 2 hours of solo flight time in a glider in the areas of 
operation listed in Sec.  61.107(b)(6) of this part, with not less than 
10 launches and landings being performed.
    (2) If the applicant has logged at least 40 hours of flight time in 
a heavier-than-air aircraft, the applicant must log at least 3 hours of 
flight time in a glider in the areas of operation listed in Sec.  
61.107(b)(6) of this part, and that flight time must include at least--
    (i) 10 solo flights in a glider in the areas of operation listed in 
Sec.  61.107(b)(6) of this part; and
    (ii) 3 training flights in a glider with an authorized instructor in 
preparation for the practical test that must have been performed within 
the 60-day period preceding the date of the test.
    (g) For an airship rating. A person who applies for a private pilot 
certificate with a lighter-than-air category and airship class rating 
must log at least:
    (1) 25 hours of flight training in airships on the areas of 
operation listed in Sec. 61.107(b)(7) of this part, which consists of at 
least:
    (i) 3 hours of cross-country flight training in an airship;
    (ii) Except as provided in Sec. 61.110 of this part, 3 hours of 
night flight training in an airship that includes:
    (A) A cross-country flight of over 25 nautical miles total distance; 
and
    (B) Five takeoffs and five landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (2) 3 hours of flight training in an airship on the control and 
maneuvering of an airship solely by reference to instruments, including 
straight and level flight, constant airspeed climbs and descents, turns 
to a heading, recovery from unusual flight attitudes, radio 
communications, and the use of navigation systems/facilities and radar 
services appropriate to instrument flight;
    (3) 3 hours of flight training in an airship in preparation for the 
practical test within the 60 days preceding the date of the test; and
    (4) 5 hours performing the duties of pilot in command in an airship 
with an authorized instructor.
    (h) For a balloon rating. A person who applies for a private pilot 
certificate with a lighter-than-air category and balloon class rating 
must log at least 10 hours of flight training that includes

[[Page 71]]

at least six training flights with an authorized instructor in the areas 
of operation listed in Sec.  61.107(b)(8) of this part, that includes--
    (1) Gas balloon. If the training is being performed in a gas 
balloon, at least two flights of 2 hours each that consists of--
    (i) At least one training flight with an authorized instructor 
within 60 days prior to application for the rating on the areas of 
operation for a gas balloon;
    (ii) At least one flight performing the duties of pilot in command 
in a gas balloon with an authorized instructor; and
    (iii) At least one flight involving a controlled ascent to 3,000 
feet above the launch site.
    (2) Balloon with an airborne heater. If the training is being 
performed in a balloon with an airborne heater, at least--
    (i) Two flights of 1 hour each within 60 days prior to application 
for the rating on the areas of operation appropriate to a balloon with 
an airborne heater;
    (ii) One solo flight in a balloon with an airborne heater; and
    (iii) At least one flight involving a controlled ascent to 2,000 
feet above the launch site.
    (i) Permitted credit for use of a flight simulator or flight 
training device. (1) Except as provided in paragraphs (i)(2) of this 
section, a maximum of 2.5 hours of training in a flight simulator or 
flight training device representing the category, class, and type, if 
applicable, of aircraft appropriate to the rating sought, may be 
credited toward the flight training time required by this section, if 
received from an authorized instructor.
    (2) A maximum of 5 hours of training in a flight simulator or flight 
training device representing the category, class, and type, if 
applicable, of aircraft appropriate to the rating sought, may be 
credited toward the flight training time required by this section if the 
training is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (3) Except when fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with an airplane, rotorcraft, 
or powered-lift rating, who has satisfactorily completed an approved 
private pilot course conducted by a training center certificated under 
part 142 of this chapter, need only have a total of 35 hours of 
aeronautical experience to meet the requirements of this section.

[Doc. No. 25910, 62 FR 40902, July 30, 1997, as amended by Amdt. 61-104, 
63 FR 20287, Apr. 23, 1998]



Sec.  61.110  Night flying exceptions.

    (a) Subject to the limitations of paragraph (b) of this section, a 
person is not required to comply with the night flight training 
requirements of this subpart if the person receives flight training in 
and resides in the State of Alaska.
    (b) A person who receives flight training in and resides in the 
State of Alaska but does not meet the night flight training requirements 
of this section:
    (1) May be issued a pilot certificate with a limitation ``Night 
flying prohibited''; and
    (2) Must comply with the appropriate night flight training 
requirements of this subpart within the 12-calendar-month period after 
the issuance of the pilot certificate. At the end of that period, the 
certificate will become invalid for use until the person complies with 
the appropriate night training requirements of this subpart. The person 
may have the ``Night flying prohibited'' limitation removed if the 
person--
    (i) Accomplishes the appropriate night flight training requirements 
of this subpart; and
    (ii) Presents to an examiner a logbook or training record 
endorsement from an authorized instructor that verifies accomplishment 
of the appropriate night flight training requirements of this subpart.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997]



Sec.  61.111  Cross-country flights: Pilots based on small islands.

    (a) Except as provided in paragraph (b) of this section, an 
applicant located on an island from which the cross-country flight 
training required in Sec.  61.109 of this part cannot be accomplished 
without flying over water for

[[Page 72]]

more than 10 nautical miles from the nearest shoreline need not comply 
with the requirements of that section.
    (b) If other airports that permit civil operations are available to 
which a flight may be made without flying over water for more than 10 
nautical miles from the nearest shoreline, the applicant must show 
completion of two round-trip solo flights between those two airports 
that are farthest apart, including a landing at each airport on both 
flights.
    (c) An applicant who complies with paragraph (a) or paragraph (b) of 
this section, and meets all requirements for the issuance of a private 
pilot certificate, except the cross-country training requirements of 
Sec.  61.109 of this part, will be issued a pilot certificate with an 
endorsement containing the following limitation, ``Passenger carrying 
prohibited on flights more than 10 nautical miles from (the appropriate 
island).'' The limitation may be subsequently amended to include another 
island if the applicant complies with the requirements of paragraph (b) 
of this section for another island.
    (d) Upon meeting the cross-country training requirements of Sec.  
61.109 of this part, the applicant may have the limitation in paragraph 
(c) of this section removed.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997]



Sec.  61.113  Private pilot privileges and limitations: Pilot in command.

    (a) Except as provided in paragraphs (b) through (g) of this 
section, no person who holds a private pilot certificate may act as 
pilot in command of an aircraft that is carrying passengers or property 
for compensation or hire; nor may that person, for compensation or hire, 
act as pilot in command of an aircraft.
    (b) A private pilot may, for compensation or hire, act as pilot in 
command of an aircraft in connection with any business or employment if:
    (1) The flight is only incidental to that business or employment; 
and
    (2) The aircraft does not carry passengers or property for 
compensation or hire.
    (c) A private pilot may not pay less than the pro rata share of the 
operating expenses of a flight with passengers, provided the expenses 
involve only fuel, oil, airport expenditures, or rental fees.
    (d) A private pilot may act as pilot in command of an aircraft used 
in a passenger-carrying airlift sponsored by a charitable organization 
described in paragraph (d)(7) of this section, and for which the 
passengers make a donation to the organization, when the following 
requirements are met:
    (1) The sponsor of the airlift notifies the FAA Flight Standards 
District Office with jurisdiction over the area concerned at least 7 
days before the event and furnishes--
    (i) A signed letter from the sponsor that shows the name of the 
sponsor, the purpose of the charitable event, the date and time of the 
event, and the location of the event; and
    (ii) A photocopy of each pilot in command's pilot certificate, 
medical certificate, and logbook entries that show the pilot is current 
in accordance with Sec. Sec.  61.56 and 61.57 of this part and has 
logged at least 200 hours of flight time.
    (2) The flight is conducted from a public airport that is adequate 
for the aircraft to be used, or from another airport that has been 
approved by the FAA for the operation.
    (3) No aerobatic or formation flights are conducted.
    (4) Each aircraft used for the charitable event holds a standard 
airworthiness certificate.
    (5) Each aircraft used for the charitable event is airworthy and 
complies with the applicable requirements of subpart E of part 91 of 
this chapter.
    (6) Each flight for the charitable event is made during day VFR 
conditions.
    (7) The charitable organization is an organization identified as 
such by the U.S. Department of Treasury.
    (e) A private pilot may be reimbursed for aircraft operating 
expenses that are directly related to search and location operations, 
provided the expenses involve only fuel, oil, airport expenditures, or 
rental fees, and the operation is sanctioned and under the direction and 
control of:
    (1) A local, State, or Federal agency; or

[[Page 73]]

    (2) An organization that conducts search and location operations.
    (f) A private pilot who is an aircraft salesman and who has at least 
200 hours of logged flight time may demonstrate an aircraft in flight to 
a prospective buyer.
    (g) A private pilot who meets the requirements of Sec.  61.69 of 
this part may act as pilot in command of an aircraft towing a glider.



Sec.  61.115  Balloon rating: Limitations.

    (a) If a person who applies for a private pilot certificate with a 
balloon rating takes a practical test in a balloon with an airborne 
heater:
    (1) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a balloon with an 
airborne heater; and
    (2) The limitation may be removed when the person obtains the 
required aeronautical experience in a gas balloon and receives a logbook 
endorsement from an authorized instructor who attests to the person's 
accomplishment of the required aeronautical experience and ability to 
satisfactorily operate a gas balloon.
    (b) If a person who applies for a private pilot certificate with a 
balloon rating takes a practical test in a gas balloon:
    (1) The pilot certificate will contain a limitation restricting the 
exercise of the privilege of that certificate to a gas balloon; and
    (2) The limitation may be removed when the person obtains the 
required aeronautical experience in a balloon with an airborne heater 
and receives a logbook endorsement from an authorized instructor who 
attests to the person's accomplishment of the required aeronautical 
experience and ability to satisfactorily operate a balloon with an 
airborne heater.



Sec.  61.117  Private pilot privileges and limitations: Second in 
command of aircraft requiring more than one pilot.

    Except as provided in Sec.  61.113 of this part, no private pilot 
may, for compensation or hire, act as second in command of an aircraft 
that is type certificated for more than one pilot, nor may that pilot 
act as second in command of such an aircraft that is carrying passengers 
or property for compensation or hire.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, 
July 30, 1997]



Sec.  61.118-61.120  [Reserved]



                       Subpart F_Commercial Pilots



Sec.  61.121  Applicability.

    This subpart prescribes the requirements for the issuance of 
commercial pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the general operating 
rules for persons who hold those certificates and ratings.



Sec.  61.123  Eligibility requirements: General.

    To be eligible for a commercial pilot certificate, a person must:
    (a) Be at least 18 years of age;
    (b) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft.
    (c) Receive a logbook endorsement from an authorized instructor who:
    (1) Conducted the required ground training or reviewed the person's 
home study on the aeronautical knowledge areas listed in Sec.  61.125 of 
this part that apply to the aircraft category and class rating sought; 
and
    (2) Certified that the person is prepared for the required knowledge 
test that applies to the aircraft category and class rating sought.
    (d) Pass the required knowledge test on the aeronautical knowledge 
areas listed in Sec.  61.125 of this part;
    (e) Receive the required training and a logbook endorsement from an 
authorized instructor who:
    (1) Conducted the training on the areas of operation listed in Sec.  
61.127(b) of this part that apply to the aircraft category and class 
rating sought; and
    (2) Certified that the person is prepared for the required practical 
test.
    (f) Meet the aeronautical experience requirements of this subpart 
that apply

[[Page 74]]

to the aircraft category and class rating sought before applying for the 
practical test;
    (g) Pass the required practical test on the areas of operation 
listed in Sec.  61.127(b) of this part that apply to the aircraft 
category and class rating sought;
    (h) Hold at least a private pilot certificate issued under this part 
or meet the requirements of Sec.  61.73; and
    (i) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.



Sec.  61.125  Aeronautical knowledge.

    (a) General. A person who applies for a commercial pilot certificate 
must receive and log ground training from an authorized instructor, or 
complete a home-study course, on the aeronautical knowledge areas of 
paragraph (b) of this section that apply to the aircraft category and 
class rating sought.
    (b) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to commercial pilot privileges, 
limitations, and flight operations;
    (2) Accident reporting requirements of the National Transportation 
Safety Board;
    (3) Basic aerodynamics and the principles of flight;
    (4) Meteorology to include recognition of critical weather 
situations, windshear recognition and avoidance, and the use of 
aeronautical weather reports and forecasts;
    (5) Safe and efficient operation of aircraft;
    (6) Weight and balance computations;
    (7) Use of performance charts;
    (8) Significance and effects of exceeding aircraft performance 
limitations;
    (9) Use of aeronautical charts and a magnetic compass for pilotage 
and dead reckoning;
    (10) Use of air navigation facilities;
    (11) Aeronautical decision making and judgment;
    (12) Principles and functions of aircraft systems;
    (13) Maneuvers, procedures, and emergency operations appropriate to 
the aircraft;
    (14) Night and high-altitude operations;
    (15) Procedures for operating within the National Airspace System; 
and
    (16) Procedures for flight and ground training for lighter-than-air 
ratings.



Sec.  61.127  Flight proficiency.

    (a) General. A person who applies for a commercial pilot certificate 
must receive and log ground and flight training from an authorized 
instructor on the areas of operation of this section that apply to the 
aircraft category and class rating sought.
    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Slow flight and stalls;
    (ix) Emergency operations;
    (x) High-altitude operations; and
    (xi) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and seaplane base operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Slow flight and stalls;
    (viii) Emergency operations;
    (ix) Multiengine operations;
    (x) High-altitude operations; and
    (xi) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Navigation;
    (viii) Emergency operations;
    (ix) Special operations; and
    (x) Postflight procedures.
    (4) For a rotorcraft category rating with a gyroplane class rating:

[[Page 75]]

    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport operations;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Navigation;
    (vii) Flight at slow airspeeds;
    (viii) Emergency operations; and
    (ix) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and heliport operations;
    (iv) Hovering maneuvers;
    (v) Takeoffs, landings, and go-arounds;
    (vi) Performance maneuvers;
    (vii) Ground reference maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations;
    (xi) High-altitude operations;
    (xii) Special operations; and
    (xiii) Postflight procedures.
    (6) For a glider category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Airport and gliderport operations;
    (iv) Launches and landings;
    (v) Performance speeds;
    (vi) Soaring techniques;
    (vii) Performance maneuvers;
    (viii) Navigation;
    (ix) Slow flight and stalls;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (7) For a lighter-than-air category rating with an airship class 
rating:
    (i) Fundamentals of instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.
    (8) For a lighter-than-air category rating with a balloon class 
rating:
    (i) Fundamentals of instructing;
    (ii) Technical subjects;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Launches and landings;
    (viii) Performance maneuvers;
    (ix) Navigation;
    (x) Emergency operations; and
    (xi) Postflight procedures.



Sec.  61.129  Aeronautical experience.

    (a) For an airplane single-engine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a commercial 
pilot certificate with an airplane category and single-engine class 
rating must log at least 250 hours of flight time as a pilot that 
consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
airplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in airplanes; and
    (ii) 50 hours in cross-country flight of which at least 10 hours 
must be in airplanes.
    (3) 20 hours of training on the areas of operation listed in Sec.  
61.127(b)(1) of this part that includes at least--
    (i) 10 hours of instrument training of which at least 5 hours must 
be in a single-engine airplane;
    (ii) 10 hours of training in an airplane that has a retractable 
landing gear, flaps, and a controllable pitch propeller, or is turbine-
powered, or for an applicant seeking a single-engine seaplane rating, 10 
hours of training in a seaplane that has flaps and a controllable pitch 
propeller;
    (iii) One cross-country flight of at least 2 hours in a single-
engine airplane in day VFR conditions, consisting of a total straight-
line distance of more than 100 nautical miles from the original point of 
departure;
    (iv) One cross-country flight of at least 2 hours in a single-engine 
airplane in night VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
    (v) 3 hours in a single-engine airplane in preparation for the 
practical test within the 60-day period preceding the date of the test.

[[Page 76]]

    (4) 10 hours of solo flight in a single-engine airplane on the areas 
of operation listed in Sec.  61.127(b)(1) of this part, which includes 
at least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance, with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii, the longest segment need only have a straight-line distance of 
at least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern) 
at an airport with an operating control tower.
    (b) For an airplane multiengine rating. Except as provided in 
paragraph (i) of this section, a person who applies for a commercial 
pilot certificate with an airplane category and multiengine class rating 
must log at least 250 hours of flight time as a pilot that consists of 
at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
airplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in airplanes; and
    (ii) 50 hours in cross-country flight of which at least 10 hours 
must be in airplanes.
    (3) 20 hours of training on the areas of operation listed in Sec.  
61.127(b)(2) of this part that includes at least--
    (i) 10 hours of instrument training of which at least 5 hours must 
be in a multiengine airplane;
    (ii) 10 hours of training in a multiengine airplane that has a 
retractable landing gear, flaps, and controllable pitch propellers, or 
is turbine-powered, or for an applicant seeking a multiengine seaplane 
rating, 10 hours of training in a multiengine seaplane that has flaps 
and a controllable pitch propeller;
    (iii) One cross-country flight of at least 2 hours in a multiengine 
airplane in day VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure;
    (iv) One cross-country flight of at least 2 hours in a multiengine 
airplane in night VFR conditions, consisting of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
    (v) 3 hours in a multiengine airplane in preparation for the 
practical test within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight time in a multiengine airplane or 10 
hours of flight time performing the duties of pilot in command in a 
multiengine airplane with an authorized instructor (either of which may 
be credited towards the flight time requirement in paragraph (b)(2) of 
this section), on the areas of operation listed in Sec.  61.127(b)(2) of 
this part that includes at least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii, the longest segment need only have a straight-line distance of 
at least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight with a traffic pattern) 
at an airport with an operating control tower.
    (c) For a helicopter rating. Except as provided in paragraph (i) of 
this section, a person who applies for a commercial pilot certificate 
with a rotorcraft category and helicopter class rating must log at least 
150 hours of flight time as a pilot that consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in 
helicopters.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 35 hours in helicopters; and
    (ii) 10 hours in cross-country flight in helicopters.
    (3) 20 hours of training on the areas of operation listed in Sec.  
61.127(b)(3) of this part that includes at least--
    (i) 10 hours of instrument training in an aircraft;
    (ii) One cross-country flight of at least 2 hours in a helicopter in 
day VFR conditions, consisting of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;

[[Page 77]]

    (iii) One cross-country flight of at least 2 hours in a helicopter 
in night VFR conditions, consisting of a total straight-line distance of 
more than 50 nautical miles from the original point of departure; and
    (iv) 3 hours in a helicopter in preparation for the practical test 
within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight in a helicopter on the areas of 
operation listed in Sec.  61.127(b)(3) of this part, which includes at 
least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 50 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (d) For a gyroplane rating. A person who applies for a commercial 
pilot certificate with a rotorcraft category and gyroplane class rating 
must log at least 150 hours of flight time as a pilot (of which 5 hours 
may have been accomplished in a flight simulator or flight training 
device that is representative of a gyroplane) that consists of at least:
    (1) 100 hours in powered aircraft, of which 25 hours must be in 
gyroplanes.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 10 hours in gyroplanes; and
    (ii) 3 hours in cross-country flight in gyroplanes.
    (3) 20 hours of training on the areas of operation listed in Sec.  
61.127(b)(4) of this part that includes at least--
    (i) 5 hours of instrument training in an aircraft;
    (ii) One cross-country flight of at least 2 hours in a gyroplane in 
day VFR conditions, consisting of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;
    (iii) One cross-country flight of at least 2 hours in a gyroplane in 
night VFR conditions, consisting of a total straight-line distance of 
more than 50 nautical miles from the original point of departure; and
    (iv) 3 hours in a gyroplane in preparation for the practical test 
within the 60-day period preceding the date of the test.
    (4) 10 hours of solo flight in a gyroplane on the areas of operation 
listed in Sec.  61.127(b)(4) of this part, which includes at least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 50 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (e) For a powered-lift rating. Except as provided in paragraph (i) 
of this section, a person who applies for a commercial pilot certificate 
with a powered-lift category rating must log at least 250 hours of 
flight time as a pilot that consists of at least:
    (1) 100 hours in powered aircraft, of which 50 hours must be in a 
powered-lift.
    (2) 100 hours of pilot-in-command flight time, which includes at 
least--
    (i) 50 hours in a powered-lift; and
    (ii) 50 hours in cross-country flight of which 10 hours must be in a 
powered-lift.
    (3) 20 hours of training on the areas of operation listed in Sec.  
61.127(b)(5) of this part that includes at least--
    (i) 10 hours of instrument training, of which at least 5 hours must 
be in a powered-lift;
    (ii) One cross-country flight of at least 2 hours in a powered-lift 
in day VFR conditions, consisting of a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iii) One cross-country flight of at least 2 hours in a powered-lift 
in night VFR conditions, consisting of a total straight-line distance of 
more than 100 nautical miles from the original point of departure; and
    (iv) 3 hours in a powered-lift in preparation for the practical test 
within the 60-day period preceding the date of the test.

[[Page 78]]

    (4) 10 hours of solo flight in a powered-lift on the areas of 
operation listed in Sec.  61.127(b)(5) of this part, which includes at 
least--
    (i) One cross-country flight of not less than 300 nautical miles 
total distance with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point. However, if this requirement is being met in 
Hawaii the longest segment need only have a straight-line distance of at 
least 150 nautical miles; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern) 
at an airport with an operating control tower.
    (f) For a glider rating. A person who applies for a commercial pilot 
certificate with a glider category rating must log at least--
    (1) 25 hours of flight time as a pilot in a glider and that flight 
time must include at least 100 flights in a glider as pilot in command, 
including at least--
    (i) 3 hours of flight training in a glider or 10 training flights in 
a glider with an authorized instructor on the areas of operation listed 
in Sec.  61.127(b)(6) of this part, including at least 3 training 
flights in a glider with an authorized instructor in preparation for the 
practical test within the 60-day period preceding the date of the test; 
and
    (ii) 2 hours of solo flight that include not less than 10 solo 
flights in a glider on the areas of operation listed in Sec.  
61.127(b)(6) of this part; or
    (2) 200 hours of flight time as a pilot in heavier-than-air aircraft 
and at least 20 flights in a glider as pilot in command, including at 
least--
    (i) 3 hours of flight training in a glider or 10 training flights in 
a glider with an authorized instructor on the areas of operation listed 
in Sec.  61.127(b)(6) of this part including at least 3 training flights 
in a glider with an authorized instructor in preparation for the 
practical test within the 60-day period preceding the date of the test; 
and
    (ii) 5 solo flights in a glider on the areas of operation listed in 
Sec.  61.127(b)(6) of this part.
    (g) For an airship rating. A person who applies for a commercial 
pilot certificate with a lighter-than-air category and airship class 
rating must log at least 200 hours of flight time as a pilot, which 
includes at least the following hours:
    (1) 50 hours in airships.
    (2) 30 hours of pilot-in-command time in airships, which consists of 
at least--
    (i) 10 hours of cross-country flight time in airships; and
    (ii) 10 hours of night flight time in airships.
    (3) 40 hours of instrument time, which consists of at least 20 hours 
in flight, of which 10 hours must be in flight in airships.
    (4) 20 hours of flight training in airships on the areas of 
operation listed in Sec.  61.127(b)(7) of this part, which includes at 
least--
    (i) 3 hours in an airship in preparation for the practical test 
within the 60-day period preceding the date of the test;
    (ii) One cross-country flight of at least 1 hour in duration in an 
airship in day VFR conditions, consisting of a total straight-line 
distance of more than 25 nautical miles from the original point of 
departure; and
    (iii) One cross-country flight of at least 1 hour in duration in an 
airship in night VFR conditions, consisting of a total straight-line 
distance of more than 25 nautical miles from the original point of 
departure.
    (5) 10 hours of flight training performing the duties of pilot in 
command with an authorized instructor on the areas of operation listed 
in Sec.  61.127(b)(7) of this part, which includes at least--
    (i) One cross-country flight with landings at a minimum of three 
points, with one segment consisting of a straight-line distance of at 
least 25 nautical miles from the original point of departure; and
    (ii) 5 hours in night VFR conditions with 10 takeoffs and 10 
landings (with each landing involving a flight in the traffic pattern).
    (h) For a balloon rating. A person who applies for a commercial 
pilot certificate with a lighter-than-air category and a balloon class 
rating must log at least 35 hours of flight time as a pilot, which 
includes at least the following requirements:
    (1) 20 hours in balloons;

[[Page 79]]

    (2) 10 flights in balloons;
    (3) Two flights in balloons as the pilot in command; and
    (4) 10 hours of flight training that includes at least 10 training 
flights with an authorized instructor in balloons on the areas of 
operation listed in Sec.  61.127(b)(8) of this part, which consists of 
at least--
    (i) For a gas balloon--
    (A) 2 training flights of 2 hours each with an authorized instructor 
in a gas balloon on the areas of operation appropriate to a gas balloon 
within 60 days prior to application for the rating;
    (B) 2 flights performing the duties of pilot in command in a gas 
balloon with an authorized instructor on the appropriate areas of 
operation; and
    (C) One flight involving a controlled ascent to 5,000 feet above the 
launch site.
    (ii) For a balloon with an airborne heater--
    (A) 2 training flights of 1 hour each with an authorized instructor 
in a balloon with an airborne heater on the areas of operation 
appropriate to a balloon with an airborne heater within 60 days prior to 
application for the rating;
    (B) Two solo flights in a balloon with an airborne heater on the 
appropriate areas of operation; and
    (C) One flight involving a controlled ascent to 3,000 feet above the 
launch site.
    (i) Permitted credit for use of a flight simulator or flight 
training device. (1) Except as provided in paragraph (i)(2) of this 
section, an applicant who has not accomplished the training required by 
this section in a course conducted by a training center certificated 
under part 142 of this chapter may:
    (i) Credit a maximum of 50 hours toward the total aeronautical 
experience requirements for an airplane or powered-lift rating, provided 
the aeronautical experience was obtained from an authorized instructor 
in a flight simulator or flight training device that represents that 
class of airplane or powered-lift category and type, if applicable, 
appropriate to the rating sought; and
    (ii) Credit a maximum of 25 hours toward the total aeronautical 
experience requirements of this section for a helicopter rating, 
provided the aeronautical experience was obtained from an authorized 
instructor in a flight simulator or flight training device that 
represents a helicopter and type, if applicable, appropriate to the 
rating sought.
    (2) An applicant who has accomplished the training required by this 
section in a course conducted by a training center certificated under 
part 142 of this chapter may:
    (i) Credit a maximum of 100 hours toward the total aeronautical 
experience requirements of this section for an airplane and powered-lift 
rating, provided the aeronautical experience was obtained from an 
authorized instructor in a flight simulator or flight training device 
that represents that class of airplane or powered-lift category and 
type, if applicable, appropriate to the rating sought; and
    (ii) Credit a maximum of 50 hours toward the total aeronautical 
experience requirements of this section for a helicopter rating, 
provided the aeronautical experience was obtained from an authorized 
instructor in a flight simulator or flight training device that 
represents a helicopter and type, if applicable, appropriate to the 
rating sought.
    (3) Except when fewer hours are approved by the Administrator, an 
applicant for a commercial pilot certificate with an airplane or a 
powered-lift rating who has satisfactorily completed an approved 
commercial pilot course conducted by a training center certificated 
under part 142 of this chapter need only have 190 hours of total to meet 
the aeronautical experience requirements of this section.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-101, 62 FR 16892, 
Apr. 8, 1997; Amdt. 61-103, 62 FR 40904, July 30, 1997; Amdt. 61-104, 63 
FR 20288, Apr. 23, 1998]



Sec.  61.131  Exceptions to the night flying requirements.

    (a) Subject to the limitations of paragraph (b) of this section, a 
person is not required to comply with the night flight training 
requirements of this subpart if the person receives flight training in 
and resides in the State of Alaska.
    (b) A person who receives flight training in and resides in the 
State of

[[Page 80]]

Alaska but does not meet the night flight training requirements of this 
section:
    (1) May be issued a pilot certificate with the limitation ``night 
flying prohibited.''
    (2) Must comply with the appropriate night flight training 
requirements of this subpart within the 12-calendar-month period after 
the issuance of the pilot certificate. At the end of that period, the 
certificate will become invalid for use until the person complies with 
the appropriate night flight training requirements of this subpart. The 
person may have the ``night flying prohibited'' limitation removed if 
the person--
    (i) Accomplishes the appropriate night flight training requirements 
of this subpart; and
    (ii) Presents to an examiner a logbook or training record 
endorsement from an authorized instructor that verifies accomplishment 
of the appropriate night flight training requirements of this subpart.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec.  61.133  Commercial pilot privileges and limitations.

    (a) Privileges--(1) General. A person who holds a commercial pilot 
certificate may act as pilot in command of an aircraft--
    (i) Carrying persons or property for compensation or hire, provided 
the person is qualified in accordance with this part and with the 
applicable parts of this chapter that apply to the operation; and
    (ii) For compensation or hire, provided the person is qualified in 
accordance with this part and with the applicable parts of this chapter 
that apply to the operation.
    (2) Commercial pilots with lighter-than-air category ratings. A 
person with a commercial pilot certificate with a lighter-than-air 
category rating may--
    (i) For an airship--(A) Give flight and ground training in an 
airship for the issuance of a certificate or rating;
    (B) Give an endorsement for a pilot certificate with an airship 
rating;
    (C) Endorse a student pilot certificate or logbook for solo 
operating privileges in an airship;
    (D) Act as pilot in command of an airship under IFR or in weather 
conditions less than the minimum prescribed for VFR flight; and
    (E) Give flight and ground training and endorsements that are 
required for a flight review, an operating privilege or recency-of-
experience requirements of this part.
    (ii) For a balloon--(A) Give flight and ground training in a balloon 
for the issuance of a certificate or rating;
    (B) Give an endorsement for a pilot certificate with a balloon 
rating;
    (C) Endorse a student pilot certificate or logbook for solo 
operating privileges in a balloon; and
    (D) Give ground and flight training and endorsements that are 
required for a flight review, an operating privilege, or recency-of-
experience requirements of this part.
    (b) Limitations. (1) A person who applies for a commercial pilot 
certificate with an airplane category or powered-lift category rating 
and does not hold an instrument rating in the same category and class 
will be issued a commercial pilot certificate that contains the 
limitation, ``The carriage of passengers for hire in (airplanes) 
(powered-lifts) on cross-country flights in excess of 50 nautical miles 
or at night is prohibited.'' The limitation may be removed when the 
person satisfactorily accomplishes the requirements listed in Sec.  
61.65 of this part for an instrument rating in the same category and 
class of aircraft listed on the person's commercial pilot certificate.
    (2) If a person who applies for a commercial pilot certificate with 
a balloon rating takes a practical test in a balloon with an airborne 
heater--
    (i) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a balloon with an 
airborne heater.
    (ii) The limitation specified in paragraph (b)(2)(i) of this section 
may be removed when the person obtains the required aeronautical 
experience in a gas balloon and receives a logbook endorsement from an 
authorized instructor who attests to the person's accomplishment of the 
required aeronautical experience and ability to satisfactorily operate a 
gas balloon.

[[Page 81]]

    (3) If a person who applies for a commercial pilot certificate with 
a balloon rating takes a practical test in a gas balloon--
    (i) The pilot certificate will contain a limitation restricting the 
exercise of the privileges of that certificate to a gas balloon.
    (ii) The limitation specified in paragraph (b)(3)(i) of this section 
may be removed when the person obtains the required aeronautical 
experience in a balloon with an airborne heater and receives a logbook 
endorsement from an authorized instructor who attests to the person's 
accomplishment of the required aeronautical experience and ability to 
satisfactorily operate a balloon with an airborne heater.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec.  61.135-61.141  [Reserved]



                   Subpart G_Airline Transport Pilots



Sec.  61.151  Applicability.

    This subpart prescribes the requirements for the issuance of airline 
transport pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the general operating 
rules for persons who hold those certificates and ratings.



Sec.  61.153  Eligibility requirements: General.

    To be eligible for an airline transport pilot certificate, a person 
must:
    (a) Be at least 23 years of age;
    (b) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's pilot certificate as are necessary for 
the safe operation of the aircraft;
    (c) Be of good moral character;
    (d) Meet at least one of the following requirements:
    (1) Hold at least a commercial pilot certificate and an instrument 
rating;
    (2) Meet the military experience requirements under Sec.  61.73 of 
this part to qualify for a commercial pilot certificate, and an 
instrument rating if the person is a rated military pilot or former 
rated military pilot of an Armed Force of the United States; or
    (3) Hold either a foreign airline transport pilot or foreign 
commercial pilot license and an instrument rating, without limitations, 
issued by a contracting State to the Convention on International Civil 
Aviation.
    (e) Meet the aeronautical experience requirements of this subpart 
that apply to the aircraft category and class rating sought before 
applying for the practical test;
    (f) Pass a knowledge test on the aeronautical knowledge areas of 
Sec.  61.155(c) of this part that apply to the aircraft category and 
class rating sought;
    (g) Pass the practical test on the areas of operation listed in 
Sec.  61.157(e) of this part that apply to the aircraft category and 
class rating sought; and
    (h) Comply with the sections of this part that apply to the aircraft 
category and class rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997]



Sec.  61.155  Aeronautical knowledge.

    (a) General. The knowledge test for an airline transport pilot 
certificate is based on the aeronautical knowledge areas listed in 
paragraph (c) of this section that are appropriate to the aircraft 
category and class rating sought.
    (b) Aircraft type rating. A person who is applying for an additional 
aircraft type rating to be added to an airline transport pilot 
certificate is not required to pass a knowledge test if that person's 
airline transport pilot certificate lists the aircraft category and 
class rating that is appropriate to the type rating sought.
    (c) Aeronautical knowledge areas. (1) Applicable Federal Aviation 
Regulations of this chapter that relate to airline transport pilot 
privileges, limitations, and flight operations;
    (2) Meteorology, including knowledge of and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air data;
    (3) General system of weather and NOTAM collection, dissemination, 
interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;

[[Page 82]]

    (5) National Weather Service functions as they pertain to operations 
in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to en route operations, terminal area and radar operations, 
and instrument departure and approach procedures;
    (9) Aircraft loading, weight and balance, use of charts, graphs, 
tables, formulas, and computations, and their effect on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight characteristics 
and performance in normal and abnormal flight regimes;
    (11) Human factors;
    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management to include crew communication and 
coordination.



Sec.  61.157  Flight proficiency.

    (a) General. (1) The practical test for an airline transport pilot 
certificate is given for--
    (i) An airplane category and single-engine class rating;
    (ii) An airplane category and multiengine class rating;
    (iii) A rotorcraft category and helicopter class rating;
    (iv) A powered-lift category rating; and
    (v) An aircraft type rating for the category and class ratings 
listed in paragraphs (a)(1)(i) through (a)(1)(iv) of this section.
    (2) A person who is applying for an airline transport pilot 
practical test must meet--
    (i) The eligibility requirements of Sec.  61.153 of this part; and
    (ii) The aeronautical knowledge and aeronautical experience 
requirements of this subpart that apply to the aircraft category and 
class rating sought.
    (b) Aircraft type rating. Except as provided in paragraph (c) of 
this section, a person who is applying for an aircraft type rating to be 
added to an airline transport pilot certificate:
    (1) Must receive and log ground and flight training from an 
authorized instructor on the areas of operation in this section that 
apply to the aircraft type rating sought;
    (2) Must receive a logbook endorsement from an authorized instructor 
certifying that the applicant completed the training on the areas of 
operation listed in paragraph (e) of this section that apply to the 
aircraft type rating sought; and
    (3) Must perform the practical test in actual or simulated 
instrument conditions, unless the aircraft's type certificate makes the 
aircraft incapable of operating under instrument flight rules. If the 
practical test cannot be accomplished for this reason, the person may 
obtain a type rating limited to ``VFR only.'' The ``VFR only'' 
limitation may be removed for that aircraft type when the person passes 
the practical test in actual or simulated instrument conditions.
    (c) Exceptions. A person who is applying for an aircraft type rating 
to be added to an airline transport pilot certificate or an aircraft 
type rating concurrently with an airline transport pilot certificate, 
and who is an employee of a certificate holder operating under part 121 
or 135 of this chapter or of a fractional ownership program manager 
operating under subpart K of part 91 of this chapter, need not comply 
with the requirements of paragraph (b) of this section if the applicant 
presents a training record that shows satisfactory completion of that 
certificate holder's or program manager's approved pilot-in-command 
training program for the aircraft type rating sought.
    (d) Upgrading type ratings. Any type rating(s) on the pilot 
certificate of an applicant who successfully completes an airline 
transport pilot practical test shall be included on the airline 
transport pilot certificate with the privileges and limitations of the 
airline transport pilot certificate, provided the applicant passes the 
practical test in the same category and class of aircraft for which the 
applicant holds the type rating(s). However, if a type rating for that 
category and class of aircraft on the superseded pilot certificate is 
limited to VFR, that limitation shall be

[[Page 83]]

carried forward to the person's airline transport pilot certificate 
level.
    (e) Areas of operation. (1) For an airplane category--single-engine 
class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (4) For a rotorcraft category--helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (f)  Proficiency and competency checks conducted under part 121, 
part 135, or subpart K of part 91. (1) Successful completion of any of 
the following checks satisfy the requirements of this section for the 
appropriate aircraft rating:
    (i) A proficiency check under Sec.  121.441 of this chapter.
    (ii) Both a competency check under Sec.  135.293 of this chapter and 
a pilot-in-command instrument proficiency check under Sec.  135.297 of 
this chapter.
    (iii) Both a competency check under Sec.  91.1065 of this chapter 
and a pilot-in-command instrument proficiency check under Sec.  91.1069 
of this chapter.
    (2) The checks specified in paragraph (f)(1) of this section must be 
conducted by an authorized designated pilot examiner or FAA aviation 
safety inspector.
    (g) Use of a flight simulator or flight training device for an 
airplane rating. If a flight simulator or flight training device is used 
for accomplishing all of the training and the required practical test 
for an airplane transport pilot certificate with an airplane category, 
class, and type rating, if applicable, the applicant, flight simulator, 
and flight training device are subject to the following requirements:
    (1) The flight simulator and flight training device must represent 
that airplane type if the rating involves a type rating in an airplane, 
or is representative of an airplane if the applicant is only seeking an 
airplane class rating and does not require a type rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing (except preflight inspection) must be 
accomplished by the applicant to receive an airplane class rating and 
type rating, if applicable, without limitations and--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec.  61.159 of this part and at least one of the 
following--
    (A) Hold a type rating for a turbojet airplane of the same class of 
airplane for which the type rating is sought, or have been designated by 
a military service as a pilot in command of an airplane of the same 
class of airplane for

[[Page 84]]

which the type rating is sought, if a turbojet type rating is sought;
    (B) Hold a type rating for a turbopropeller airplane of the same 
class as the airplane for which the type rating is sought, or have been 
appointed by a military service as a pilot in command of an airplane of 
the same class of airplane for which the type rating is sought, if a 
turbopropeller airplane type rating is sought;
    (C) Have at least 2,000 hours of flight time, of which 500 hours 
must be in turbine-powered airplanes of the same class as the airplane 
for which the type rating is sought;
    (D) Have at least 500 hours of flight time in the same type of 
airplane as the airplane for which the type rating is sought; or
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (4) Subject to the limitation of paragraph (g)(5) of this section, 
an applicant who does not meet the requirements of paragraph (g)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec.  61.159 of this part and at least one of the following--
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a type rating in a propeller-driven airplane is 
sought;
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for the additional 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same class 
as the airplane for which the type rating is sought and which requires a 
type rating; and
    (2) At least 25 hours of flight time in airplanes of the same type 
for which the type rating is sought.
    (5) An applicant meeting only the requirements of paragraph 
(g)(4)(ii)(A) and (B) of this section will be issued an additional 
rating, or an airline transport pilot certificate with an added rating, 
as applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (g)(5) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(g)(3)(ii)(A) through (E) or (g)(4)(ii)(A) and (B) of this section may 
be issued an airline transport pilot certificate or an additional rating 
to that pilot certificate after successful completion of one of the 
following requirements--
    (i) An approved course at a part 142 training center that includes 
all training and testing for that certificate or rating, followed by 
training and testing on the following tasks, which must be successfully 
completed on a static airplane or in flight, as appropriate--
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) An approved course at a part 142 training center that complies 
with paragraphs (g)(8) and (g)(9) of this section and includes all 
training and testing for a certificate or rating.
    (8) An applicant meeting only the requirements of paragraph 
(g)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''

[[Page 85]]

    (9) An applicant issued a pilot certificate with the limitation 
specified in paragraph (g)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type for which the limitation applies.
    (h) Use of a flight simulator or flight training device for a 
helicopter rating. If a flight simulator or flight training device is 
used for accomplishing all of the training and the required practical 
test for an airline transport pilot certificate with a helicopter class 
rating and type rating, if applicable, the applicant, flight simulator, 
and flight training device are subject to the following requirements:
    (1) The flight simulator and flight training device must represent 
that helicopter type if the rating involves a type rating in a 
helicopter, or is representative of a helicopter if the applicant is 
only seeking a helicopter class rating and does not require a type 
rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing requirements (except preflight 
inspection) must be accomplished by the applicant to receive a 
helicopter class rating and type rating, if applicable, without 
limitations and--
    (i) The flight simulator must be qualified and approved as a Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec.  61.161 of this part and at least one of the 
following--
    (A) Hold a type rating for a turbine-powered helicopter, or have 
been designated by a military service as a pilot in command of a 
turbine-powered helicopter, if a turbine-powered helicopter type rating 
is sought;
    (B) Have at least 1,200 hours of flight time, of which 500 hours 
must be in turbine-powered helicopters;
    (C) Have at least 500 hours of flight time in the same type 
helicopter as the helicopter for which the type rating is sought; or
    (D) Have at least 1,000 hours of flight time in at least two 
different helicopters requiring a type rating.
    (4) Subject to the limitation of paragraph (h)(5) of this section, 
an applicant who does not meet the requirements of paragraph (h)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec.  61.161 of this part and, since the beginning of the 12th calendar 
month before the month in which the applicant completes the practical 
test for the additional rating, has logged--
    (A) At least 100 hours of flight time in helicopters; and
    (B) At least 15 hours of flight time in helicopters of the same type 
of helicopter for which the type rating is sought.
    (5) An applicant meeting only the requirements of paragraph 
(h)(4)(ii) (A) and (B) of this section will be issued an additional 
rating or an airline transport pilot certificate with a limitation. The 
limitation shall state: ``This certificate is subject to pilot-in-
command limitations for the additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (h)(5) of this section--
    (i) May not act as pilot in command of the helicopter for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in a helicopter

[[Page 86]]

of the same type for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(h)(3)(ii) (A) through (D), or (h)(4)(ii) (A) and (B) of this section 
may be issued an airline transport pilot certificate or an additional 
rating to that pilot certificate after successful completion of one of 
the following requirements--
    (i) An approved course at a part 142 training center that includes 
all training and testing for that certificate or rating, followed by 
training and testing on the following tasks, which must be successfully 
completed on a static aircraft or in flight, as appropriate--
    (A) Preflight inspection;
    (B) Normal takeoff from a hover;
    (C) Manually flown precision approach; and
    (D) Steep approach and landing to an off-airport heliport; or
    (ii) An approved course at a training center that includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (h)(8) and (h)(9) of this section.
    (8) An applicant meeting only the requirements of paragraph 
(h)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''
    (9) An applicant issued a certificate with the limitation specified 
in paragraph (h)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type for which the limitation applies.
    (i) Use of a flight simulator or flight training device for a 
powered-lift rating. If a flight simulator or flight training device is 
used for accomplishing all of the training and the required practical 
test for an airline transport pilot certificate with a powered-lift 
category rating and type rating, if applicable, the applicant, flight 
simulator, and flight training device are subject to the following 
requirements:
    (1) The flight simulator and flight training device must represent 
that powered-lift type, if the rating involves a type rating in a 
powered-lift, or is representative of a powered-lift if the applicant is 
only seeking a powered-lift category rating and does not require a type 
rating.
    (2) The flight simulator and flight training device must be used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.
    (3) All training and testing requirements (except preflight 
inspection) must be accomplished by the applicant to receive a powered-
lift category rating and type rating, if applicable, without 
limitations; and--
    (i) The flight simulator must be qualified and approved as Level C 
or Level D; and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec.  61.163 of this part and at least one of the 
following--
    (A) Hold a type rating for a turbine-powered powered-lift, or have 
been designated by a military service as a pilot in command of a 
turbine-powered powered-lift, if a turbine-powered powered-lift type 
rating is sought;
    (B) Have at least 1,200 hours of flight time, of which 500 hours 
must be in turbine-powered powered-lifts;
    (C) Have at least 500 hours of flight time in the same type of 
powered-lift for which the type rating is sought; or
    (D) Have at least 1,000 hours of flight time in at least two 
different powered-lifts requiring a type rating.
    (4) Subject to the limitation of paragraph (i)(5) of this section, 
an applicant who does not meet the requirements of paragraph (i)(3) of 
this section may complete all training and testing (except for preflight 
inspection) for an additional rating if--
    (i) The flight simulator is qualified and approved as Level C or 
Level D; and

[[Page 87]]

    (ii) The applicant meets the aeronautical experience requirements of 
Sec.  61.163 of this part and, since the beginning of the 12th calendar 
month before the month in which the applicant completes the practical 
test for the additional rating, has logged--
    (A) At least 100 hours of flight time in powered-lifts; and
    (B) At least 15 hours of flight time in powered-lifts of the same 
type of powered-lift for the type rating sought.
    (5) An applicant meeting only the requirements of paragraph 
(i)(4)(ii) (A) and (B) of this section will be issued an additional 
rating or an airline transport pilot certificate with a limitation. The 
limitation shall state: ``This certificate is subject to pilot-in-
command limitations for the additional rating.''
    (6) An applicant who has been issued a certificate with the 
limitation specified in paragraph (i)(5) of this section--
    (i) May not act as pilot in command of the powered-lift for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in a powered-lift of the same 
type for which the limitation applies.
    (7) An applicant who does not meet the requirements of paragraph 
(i)(3)(ii) (A) through (D) or (i)(4)(ii) (A) and (B) of this section may 
be issued an airline transport pilot certificate or an additional rating 
to that pilot certificate after successful completion of one of the 
following requirements--
    (i) An approved course at a part 142 training center that includes 
all training and testing for that certificate or rating, followed by 
training and testing on the following tasks, which must be successfully 
completed on a static aircraft or in flight, as appropriate--
    (A) Preflight inspection;
    (B) Normal takeoff from a hover;
    (C) Manually flown precision approach; and
    (D) Steep approach and landing to an off-airport site; or
    (ii) An approved course at a training center that includes all 
training and testing for that certificate or rating and is in compliance 
with paragraphs (i)(8) and (i)(9) of this section.
    (8) An applicant meeting only the requirements of paragraph 
(i)(7)(ii) of this section will be issued an additional rating or an 
airline transport pilot certificate with an additional rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the 
additional rating.''
    (9) An applicant issued a pilot certificate with the limitation 
specified in paragraph (i)(8) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
additional rating was obtained under the provisions of this section 
until the limitation is removed from the certificate; and
    (ii) May have the limitation removed by accomplishing 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in a powered-lift of the same 
type for which the limitation applies.
    (j) Waiver authority. Unless the Administrator requires certain or 
all tasks to be performed, the examiner who conducts the practical test 
for an airline transport pilot certificate may waive any of the tasks 
for which the Administrator approves waiver authority.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, 
July 30, 1997; Amdt. 61-104, 63 FR 20288, Apr. 23, 1998; Amdt. 61-109, 
68 FR 54560, Sept. 17, 2003]



Sec.  61.158  [Reserved]



Sec.  61.159  Aeronautical experience: Airplane category rating.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, a person who is applying for an airline transport pilot 
certificate with an airplane category and class rating must have at 
least 1,500 hours of total time as a pilot that includes at least:
    (1) 500 hours of cross-country flight time.
    (2) 100 hours of night flight time.

[[Page 88]]

    (3) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(3)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(3) of this section if the training was 
accomplished in a course conducted by a training center certificated 
under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device, 
representing an airplane.
    (4) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination thereof, 
which includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (5) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents an airplane, 
provided the aeronautical experience was obtained in an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (b) A person who has performed at least 20 night takeoffs and 
landings to a full stop may substitute each additional night takeoff and 
landing to a full stop for 1 hour of night flight time to satisfy the 
requirements of paragraph (a)(2) of this section; however, not more than 
25 hours of night flight time may be credited in this manner.
    (c) A commercial pilot may credit the following second-in-command 
flight time or flight-engineer flight time toward the 1,500 hours of 
total time as a pilot required by paragraph (a) of this section:
    (1) Second-in-command time, provided the time is acquired in an 
airplane--
    (i) Required to have more than one pilot flight crewmember by the 
airplane's flight manual, type certificate, or the regulations under 
which the flight is being conducted;
    (ii) Engaged in operations under subpart K of part 91, part 121, or 
part 135 of this chapter for which a second in command is required; or
    (iii) That is required by the operating rules of this chapter to 
have more than one pilot flight crewmember.
    (2) Flight-engineer time, provided the time--
    (i) Is acquired in an airplane required to have a flight engineer by 
the airplane's flight manual or type certificate;
    (ii) Is acquired while engaged in operations under part 121 of this 
chapter for which a flight engineer is required;
    (iii) Is acquired while the person is participating in a pilot 
training program approved under part 121 of this chapter; and
    (iv) Does not exceed more than 1 hour for each 3 hours of flight 
engineer flight time for a total credited time of no more than 500 
hours.
    (d) An applicant may be issued an airline transport pilot 
certificate with the endorsement, ``Holder does not meet the pilot in 
command aeronautical experience requirements of ICAO,'' as prescribed by 
Article 39 of the Convention on International Civil Aviation, if the 
applicant:
    (1) Credits second-in-command or flight-engineer time under 
paragraph (c) of this section toward the 1,500 hours total flight time 
requirement of paragraph (a) of this section;
    (2) Does not have at least 1,200 hours of flight time as a pilot, 
including no more than 50 percent of his or her second-in-command time 
and none of his or her flight-engineer time; and
    (3) Otherwise meets the requirements of paragraph (a) of this 
section.
    (e) When the applicant specified in paragraph (d) of this section 
presents satisfactory evidence of the accumulation of 1,200 hours of 
flight time as a pilot including no more than 50 percent of his or her 
second-in-command flight

[[Page 89]]

time and none of his or her flight-engineer time, the applicant is 
entitled to an airline transport pilot certificate without the 
endorsement prescribed in that paragraph.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20288, Apr. 23, 1998; Amdt. 61-109, 
68 FR 54560, Sept. 17, 2003]



Sec.  61.161  Aeronautical experience: Rotorcraft category and helicopter 
class rating.

    (a) A person who is applying for an airline transport pilot 
certificate with a rotorcraft category and helicopter class rating, must 
have at least 1,200 hours of total time as a pilot that includes at 
least:
    (1) 500 hours of cross-country flight time;
    (2) 100 hours of night flight time, of which 15 hours are in 
helicopters;
    (3) 200 hours of flight time in helicopters, which includes at least 
75 hours as a pilot in command, or as second in command performing the 
duties of a pilot in command under the supervision of a pilot in 
command, or any combination thereof; and
    (4) 75 hours of instrument flight time in actual or simulated 
instrument meteorological conditions, of which at least 50 hours are 
obtained in flight with at least 25 hours in helicopters as a pilot in 
command, or as second in command performing the duties of a pilot in 
command under the supervision of a pilot in command, or any combination 
thereof.
    (b) Training in a flight simulator or flight training device may be 
credited toward the instrument flight time requirements of paragraph 
(a)(4) of this section, subject to the following:
    (1) Training in a flight simulator or a flight training device must 
be accomplished in a flight simulator or flight training device that 
represents a rotorcraft.
    (2) Except as provided in paragraph (b)(3) of this section, an 
applicant may receive credit for not more than a total of 25 hours of 
simulated instrument time in a flight simulator and flight training 
device.
    (3) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(4) of this section if the aeronautical 
experience is accomplished in an approved course conducted by a training 
center certificated under part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20289, Apr. 23, 1998]



Sec.  61.163  Aeronautical experience: Powered-lift category rating.

    (a) A person who is applying for an airline transport pilot 
certificate with a powered-lift category rating must have at least 1,500 
hours of total time as a pilot that includes at least:
    (1) 500 hours of cross-country flight time;
    (2) 100 hours of night flight time;
    (3) 250 hours in a powered-lift as a pilot in command, or as a 
second in command performing the duties of a pilot in command under the 
supervision of a pilot in command, or any combination thereof, which 
includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (4) 75 hours of instrument flight time in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(4)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight time 
requirements of paragraph (a)(4) of this section if the training was 
accomplished in a course conducted by a training center certificated 
under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device that 
represents a powered-lift.
    (b) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents a powered-
lift, provided the aeronautical experience was obtained

[[Page 90]]

in an approved course conducted by a training center certificated under 
part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997; Amdt. 61-104, 63 FR 20289, Apr. 23, 1998]



Sec.  61.165  Additional aircraft category and class ratings.

    (a) Rotorcraft category and helicopter class rating. A person 
applying for an airline transport certificate with a rotorcraft category 
and helicopter class rating who holds an airline transport pilot 
certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec.  61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec.  61.155(c) of this part;
    (3) Comply with the requirements in Sec.  61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec.  61.161 of this part; and
    (5) Pass the practical test on the areas of operation of Sec.  
61.157(e)(4) of this part.
    (b) Airplane category rating with a single-engine class rating. A 
person applying for an airline transport certificate with an airplane 
category and single-engine class rating who holds an airline transport 
pilot certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec.  61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec.  61.155(c) of this part;
    (3) Comply with the requirements in Sec.  61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec.  61.159 of this part; and
    (5) Pass the practical test on the areas of operation of Sec.  
61.157(e)(1) of this part.
    (c) Airplane category rating with a multiengine class rating. A 
person applying for an airline transport certificate with an airplane 
category and multiengine class rating who holds an airline transport 
certificate with another aircraft category rating must:
    (1) Meet the eligibility requirements of Sec.  61.153 of this part;
    (2) Pass a knowledge test on the aeronautical knowledge areas of 
Sec.  61.155(c) of this part;
    (3) Comply with the requirements in Sec.  61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec.  61.159 of this part; and
    (5) Pass the practical test on the areas of operation of Sec.  
61.157(e)(2) of this part.
    (d) Powered-lift category. A person applying for an airline 
transport pilot certificate with a powered-lift category rating who 
holds an airline transport certificate with another aircraft category 
rating must:
    (1) Meet the eligibility requirements of Sec.  61.153 of this part;
    (2) Pass a required knowledge test on the aeronautical knowledge 
areas of Sec.  61.155(c) of this part;
    (3) Comply with the requirements in Sec.  61.157(b) of this part, if 
appropriate;
    (4) Meet the applicable aeronautical experience requirements of 
Sec.  61.163 of this part; and
    (5) Pass the required practical test on the areas of operation of 
Sec.  61.157(e)(3) of this part.
    (e) Additional class rating within the same aircraft category. A 
person applying for an airline transport certificate with an additional 
class rating who holds an airline transport certificate in the same 
aircfaft category must--
    (1) Meet the eligibility requirements of Sec.  61.153, except 
paragraph (f) of that section;
    (2) Comply with the requirements in Sec.  61.157(b) of this part, if 
applicable;
    (3) Meet the applicable aeronautical experience requirements of 
subpart G of this part; and
    (4) Pass a practical test on the areas of operation of Sec.  
61.157(e) appropriate to the aircraft rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, 
July 30, 1997]



Sec.  61.167  Privileges.

    (a) A person who holds an airline transport pilot certificate is 
entitled to the same privileges as those afforded a person who holds a 
commercial pilot certificate with an instrument rating.
    (b) An airline transport pilot may instruct--

[[Page 91]]

    (1) Other pilots in air transportation service in aircraft of the 
category, class, and type, as applicable, for which the airline 
transport pilot is rated and endorse the logbook or other training 
record of the person to whom training has been given;
    (2) In flight simulators, and flight training devices representing 
the aircraft referenced in paragraph (b)(1) of this section, when 
instructing under the provisions of this section and endorse the logbook 
or other training record of the person to whom training has been given;
    (3) Only as provided in this section, unless the airline transport 
pilot also holds a flight instructor certificate, in which case the 
holder may exercise the instructor privileges of subpart H of part 61 
for which he or she is rated; and
    (4) In an aircraft, only if the aircraft has functioning dual 
controls, when instructing under the provisions of this section.
    (c) Excluding briefings and debriefings, an airline transport pilot 
may not instruct in aircraft, flight simulators, and flight training 
devices under this section--
    (1) For more than 8 hours in any 24-consecutive-hour period; or
    (2) For more than 36 hours in any 7-consecutive-day period.
    (d) An airline transport pilot may not instruct in Category II or 
Category III operations unless he or she has been trained and 
successfully tested under Category II or Category III operations, as 
applicable.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec. Sec.  61.169-69.171  [Reserved]



                      Subpart H_Flight Instructors



Sec.  61.181  Applicability.

    This subpart prescribes the requirements for the issuance of flight 
instructor certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the limitations on those 
certificates and ratings.



Sec.  61.183  Eligibility requirements.

    To be eligible for a flight instructor certificate or rating a 
person must:
    (a) Be at least 18 years of age;
    (b) Be able to read, speak, write, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's flight instructor certificate as are 
necessary;
    (c) Hold either a commercial pilot certificate or airline transport 
pilot certificate with:
    (1) An aircraft category and class rating that is appropriate to the 
flight instructor rating sought; and
    (2) An instrument rating, or privileges on that person's pilot 
certificate that are appropriate to the flight instructor rating sought, 
if applying for--
    (i) A flight instructor certificate with an airplane category and 
single-engine class rating;
    (ii) A flight instructor certificate with an airplane category and 
multiengine class rating;
    (iii) A flight instructor certificate with a powered-lift rating; or
    (iv) A flight instructor certificate with an instrument rating.
    (d) Receive a logbook endorsement from an authorized instructor on 
the fundamentals of instructing listed in Sec.  61.185 of this part 
appropriate to the required knowledge test;
    (e) Pass a knowledge test on the areas listed in Sec.  61.185(a)(1) 
of this part, unless the applicant:
    (1) Holds a flight instructor certificate or ground instructor 
certificate issued under this part;
    (2) Holds a current teacher's certificate issued by a State, county, 
city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) Is employed as a teacher at an accredited college or university.
    (f) Pass a knowledge test on the aeronautical knowledge areas listed 
in Sec.  61.185(a)(2) and (a)(3) of this part that are appropriate to 
the flight instructor rating sought;
    (g) Receive a logbook endorsement from an authorized instructor on 
the areas of operation listed in Sec.  61.187(b) of this part, 
appropriate to the flight instructor rating sought;

[[Page 92]]

    (h) Pass the required practical test that is appropriate to the 
flight instructor rating sought in an:
    (1) Aircraft that is representative of the category and class of 
aircraft for the aircraft rating sought; or
    (2) Flight simulator or approved flight training device that is 
representative of the category and class of aircraft for the rating 
sought, and used in accordance with a course at a training center 
certificated under part 142 of this chapter.
    (i) Accomplish the following for a flight instructor certificate 
with an airplane or a glider rating:
    (1) Receive a logbook endorsement from an authorized instructor 
indicating that the applicant is competent and possesses instructional 
proficiency in stall awareness, spin entry, spins, and spin recovery 
procedures after providing the applicant with flight training in those 
training areas in an airplane or glider, as appropriate, that is 
certificated for spins; and
    (2) Demonstrate instructional proficiency in stall awareness, spin 
entry, spins, and spin recovery procedures. However, upon presentation 
of the endorsement specified in paragraph (i)(1) of this section an 
examiner may accept that endorsement as satisfactory evidence of 
instructional proficiency in stall awareness, spin entry, spins, and 
spin recovery procedures for the practical test, provided that the 
practical test is not a retest as a result of the applicant failing the 
previous test for deficiencies in the knowledge or skill of stall 
awareness, spin entry, spins, or spin recovery instructional procedures. 
If the retest is a result of deficiencies in the ability of an applicant 
to demonstrate knowledge or skill of stall awareness, spin entry, spins, 
or spin recovery instructional procedures, the examiner must test the 
person on stall awareness, spin entry, spins, and spin recovery 
instructional procedures in an airplane or glider, as appropriate, that 
is certificated for spins;
    (j) Log at least 15 hours as pilot in command in the category and 
class of aircraft that is appropriate to the flight instructor rating 
sought; and
    (k) Comply with the appropriate sections of this part that apply to 
the flight instructor rating sought.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.185  Aeronautical knowledge.

    (a) A person who is applying for a flight instructor certificate 
must receive and log ground training from an authorized instructor on:
    (1) Except as provided in paragraph (b) of this section, the 
fundamentals of instructing, including:
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (2) The aeronautical knowledge areas for a recreational, private, 
and commercial pilot certificate applicable to the aircraft category for 
which flight instructor privileges are sought; and
    (3) The aeronautical knowledge areas for the instrument rating 
applicable to the category for which instrument flight instructor 
privileges are sought.
    (b) The following applicants do not need to comply with paragraph 
(a)(1) of this section:
    (1) The holder of a flight instructor certificate or ground 
instructor certificate issued under this part;
    (2) The holder of a current teacher's certificate issued by a State, 
county, city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) A person employed as a teacher at an accredited college or 
university.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.187  Flight proficiency.

    (a) General. A person who is applying for a flight instructor 
certificate must receive and log flight and ground training from an 
authorized instructor on the areas of operation listed in this section 
that apply to the flight instructor rating sought. The applicant's 
logbook must contain an endorsement from an authorized instructor 
certifying that the person is proficient to pass a practical test on 
those areas of operation.

[[Page 93]]

    (b) Areas of operation. (1) For an airplane category rating with a 
single-engine class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight, stalls, and spins;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    (2) For an airplane category rating with a multiengine class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and seaplane base operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Ground reference maneuvers;
    (xi) Slow flight and stalls;
    (xii) Basic instrument maneuvers;
    (xiii) Emergency operations;
    (xiv) Multiengine operations; and
    (xv) Postflight procedures.
    (3) For a rotorcraft category rating with a helicopter class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;
    (x) Performance maneuvers;
    (xi) Emergency operations;
    (xii) Special operations; and
    (xiii) Postflight procedures.
    (4) For a rotorcraft category rating with a gyroplane class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport operations;
    (vii) Takeoffs, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers;
    (x) Flight at slow airspeeds;
    (xi) Ground reference maneuvers;
    (xii) Emergency operations; and
    (xiii) Postflight procedures.
    (5) For a powered-lift category rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and heliport operations;
    (vii) Hovering maneuvers;
    (viii) Takeoffs, landings, and go-arounds;
    (ix) Fundamentals of flight;
    (x) Performance maneuvers;
    (xi) Ground reference maneuvers;
    (xii) Slow flight and stalls;
    (xiii) Basic instrument maneuvers;
    (xiv) Emergency operations;
    (xv) Special operations; and
    (xvi) Postflight procedures.
    (6) For a glider category rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport and gliderport operations;
    (vii) Launches, landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance speeds;
    (x) Soaring techniques;
    (xi) Performance maneuvers;
    (xii) Slow flight, stalls, and spins;
    (xiii) Emergency operations; and
    (xiv) Postflight procedures.
    (7) For an instrument rating with the appropriate aircraft category 
and class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;

[[Page 94]]

    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Air traffic control clearances and procedures;
    (vi) Flight by reference to instruments;
    (vii) Navigation aids;
    (viii) Instrument approach procedures;
    (ix) Emergency operations; and
    (x) Postflight procedures.
    (c) The flight training required by this section may be 
accomplished:
    (1) In an aircraft that is representative of the category and class 
of aircraft for the rating sought; or
    (2) In a flight simulator or flight training device representative 
of the category and class of aircraft for the rating sought, and used in 
accordance with an approved course at a training center certificated 
under part 142 of this chapter.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.189  Flight instructor records.

    (a) A flight instructor must sign the logbook of each person to whom 
that instructor has given flight training or ground training.
    (b) A flight instructor must maintain a record in a logbook or a 
separate document that contains the following:
    (1) The name of each person whose logbook or student pilot 
certificate that instructor has endorsed for solo flight privileges, and 
the date of the endorsement; and
    (2) The name of each person that instructor has endorsed for a 
knowledge test or practical test, and the record shall also indicate the 
kind of test, the date, and the results.
    (c) Each flight instructor must retain the records required by this 
section for at least 3 years.



Sec.  61.191  Additional flight instructor ratings.

    (a) A person who applies for an additional flight instructor rating 
on a flight instructor certificate must meet the eligibility 
requirements listed in Sec.  61.183 of this part that apply to the 
flight instructor rating sought.
    (b) A person who applies for an additional rating on a flight 
instructor certificate is not required to pass the knowledge test on the 
areas listed in Sec.  61.185(a)(1) of this part.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.193  Flight instructor privileges.

    A person who holds a flight instructor certificate is authorized 
within the limitations of that person's flight instructor certificate 
and ratings to give training and endorsements that are required for, and 
relate to:
    (a) A student pilot certificate;
    (b) A pilot certificate;
    (c) A flight instructor certificate;
    (d) A ground instructor certificate;
    (e) An aircraft rating;
    (f) An instrument rating;
    (g) A flight review, operating privilege, or recency of experience 
requirement of this part;
    (h) A practical test; and
    (i) A knowledge test.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.195  Flight instructor limitations and qualifications.

    A person who holds a flight instructor certificate is subject to the 
following limitations:
    (a) Hours of training. In any 24-consecutive-hour period, a flight 
instructor may not conduct more than 8 hours of flight training.
    (b) Aircraft ratings. A flight instructor may not conduct flight 
training in any aircraft for which the flight instructor does not hold:
    (1) A pilot certificate and flight instructor certificate with the 
applicable category and class rating; and
    (2) If appropriate, a type rating.
    (c) Instrument Rating. A flight instructor who provides instrument 
flight training for the issuance of an instrument rating or a type 
rating not limited to VFR must hold an instrument rating on his or her 
flight instructor certificate and pilot certificate that is appropriate 
to the category and class of aircraft in which instrument training is 
being provided.
    (d) Limitations on endorsements. A flight instructor may not endorse 
a:
    (1) Student pilot's certificate or logbook for solo flight 
privileges, unless that flight instructor has--

[[Page 95]]

    (i) Given that student the flight training required for solo flight 
privileges required by this part; and
    (ii) Determined that the student is prepared to conduct the flight 
safely under known circumstances, subject to any limitations listed in 
the student's logbook that the instructor considers necessary for the 
safety of the flight.
    (2) Student pilot's certificate and logbook for a solo cross-country 
flight, unless that flight instructor has determined the student's 
flight preparation, planning, equipment, and proposed procedures are 
adequate for the proposed flight under the existing conditions and 
within any limitations listed in the logbook that the instructor 
considers necessary for the safety of the flight;
    (3) Student pilot's certificate and logbook for solo flight in a 
Class B airspace area or at an airport within Class B airspace unless 
that flight instructor has--
    (i) Given that student ground and flight training in that Class B 
airspace or at that airport; and
    (ii) Determined that the student is proficient to operate the 
aircraft safely.
    (4) Logbook of a recreational pilot, unless that flight instructor 
has--
    (i) Given that pilot the ground and flight training required by this 
part; and
    (ii) Determined that the recreational pilot is proficient to operate 
the aircraft safely.
    (5) Logbook of a pilot for a flight review, unless that instructor 
has conducted a review of that pilot in accordance with the requirements 
of Sec.  61.56(a) of this part; or
    (6) Logbook of a pilot for an instrument proficiency check, unless 
that instructor has tested that pilot in accordance with the 
requirements of Sec.  61.57(d) of this part.
    (e) Training in an aircraft that requires a type rating. A flight 
instructor may not give flight training in an aircraft that requires the 
pilot in command to hold a type rating unless the flight instructor 
holds a type rating for that aircraft on his or her pilot certificate.
    (f) Training received in a multiengine airplane, a helicopter, or a 
powered-lift. A flight instructor may not give training required for the 
issuance of a certificate or rating in a multiengine airplane, a 
helicopter, or a powered-lift unless that flight instructor has at least 
5 flight hours of pilot-in-command time in the specific make and model 
of multiengine airplane, helicopter, or powered-lift, as appropriate.
    (g) Position in aircraft and required pilot stations for providing 
flight training.
    (1) A flight instructor must perform all training from in an 
aircraft that complies with the requirements of Sec.  91.109 of this 
chapter.
    (2) A flight instructor who provides flight training for a pilot 
certificate or rating issued under this part must provide that flight 
training in an aircraft that meets the following requirements--
    (i) The aircraft must have at least two pilot stations and be of the 
same category, class, and type, if appropriate, that applies to the 
pilot certificate or rating sought.
    (ii) For single-place aircraft, the pre-solo flight training must 
have been provided in an aircraft that has two pilot stations and is of 
the same category, class, and type, if appropriate.
    (h) Qualifications of the flight instructor for training first-time 
flight instructor applicants. (1) The ground training provided to an 
initial applicant for a flight instructor certificate must be given by 
an authorized instructor who--
    (i) Holds a current ground or flight instructor certificate with the 
appropriate rating, has held that certificate for at least 24 months, 
and has given at least 40 hours of ground training; or
    (ii) Holds a current ground or flight instructor certificate with 
the appropriate rating, and has given at least 100 hours of ground 
training in an FAA-approved course.
    (2) Except for an instructor who meets the requirements of paragraph 
(h)(3)(ii) of this section, a flight instructor who provides training to 
an initial applicant for a flight instructor certificate must--
    (i) Meet the eligibility requirements prescribed in Sec.  61.183 of 
this part;
    (ii) Hold the appropriate flight instructor certificate and rating;
    (iii) Have held a flight instructor certificate for at least 24 
months;

[[Page 96]]

    (iv) For training in preparation for an airplane, rotorcraft, or 
powered-lift rating, have given at least 200 hours of flight training as 
a flight instructor; and
    (v) For training in preparation for a glider rating, have given at 
least 80 hours of flight training as a flight instructor.
    (3) A flight instructor who serves as a flight instructor in an FAA-
approved course for the issuance of a flight instructor rating must hold 
a current flight instructor certificate with the appropriate rating and 
pass the required initial and recurrent flight instructor proficiency 
tests, in accordance with the requirements of the part under which the 
FAA-approved course is conducted, and must--
    (i) Meet the requirements of paragraph (h)(2) of this section; or
    (ii) Have trained and endorsed at least five applicants for a 
practical test for a pilot certificate, flight instructor certificate, 
ground instructor certificate, or an additional rating, and at least 80 
percent of those applicants passed that test on their first attempt; and
    (A) Given at least 400 hours of flight training as a flight 
instructor for training in an airplane, a rotorcraft, or for a powered-
lift rating; or
    (B) Given at least 100 hours of flight training as a flight 
instructor, for training in a glider rating.
    (i) Prohibition against self-endorsements. A flight instructor shall 
not make any self-endorsement for a certificate, rating, flight review, 
authorization, operating privilege, practical test, or knowledge test 
that is required by this part.
    (j) Additional qualifications required to give training in Category 
II or Category III operations. A flight instructor may not give training 
in Category II or Category III operations unless the flight instructor 
has been trained and tested in Category II or Category III operations, 
pursuant to Sec.  61.67 or Sec.  61.68 of this part, as applicable.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



Sec.  61.197  Renewal of flight instructor certificates.

    (a) A person who holds a flight instructor certificate that has not 
expired may renew that certificate by--
    (1) Passing a practical test for--
    (i) One of the ratings listed on the current flight instructor 
certificate; or
    (ii) An additional flight instructor rating; or
    (2) Presenting to an authorized FAA Flight Standards Inspector--
    (i) A record of training students showing that, during the preceding 
24 calendar months, the flight instructor has endorsed at least five 
students for a practical test for a certificate or rating and at least 
80 percent of those students passed that test on the first attempt;
    (ii) A record showing that, within the preceding 24 calendar months, 
the flight instructor has served as a company check pilot, chief flight 
instructor, company check airman, or flight instructor in a part 121 or 
part 135 operation, or in a position involving the regular evaluation of 
pilots; or
    (iii) A graduation certificate showing that, within the preceding 3 
calendar months, the person has successfully completed an approved 
flight instructor refresher course consisting of ground training or 
flight training, or a combination of both.
    (b) The expiration month of a renewed flight instructor certificate 
shall be 24 calendar months from--
    (1) The month the renewal requirements of paragraph (a) of this 
section are accomplished; or
    (2) The month of expiration of the current flight instructor 
certificate provided--
    (i) The renewal requirements of paragraph (a) of this section are 
accomplished within the 3 calendar months preceding the expiration month 
of the current flight instructor certificate, and
    (ii) If the renewal is accomplished under paragraph (a)(2)(iii) of 
this section, the approved flight instructor refresher course must be 
completed within the 3 calendar months preceding the expiration month of 
the current flight instructor certificate.
    (c) The practical test required by paragraph (a)(1) of this section 
may be

[[Page 97]]

accomplished in a flight simulator or flight training device if the test 
is accomplished pursuant to an approved course conducted by a training 
center certificated under part 142 of this chapter.

[Doc. No. 25910, 63 FR 20289, Apr. 23, 1998]



Sec.  61.199  Expired flight instructor certificates and ratings.

    (a) Flight instructor certificates. The holder of an expired flight 
instructor certificate may exchange that certificate for a new 
certificate with the same ratings by passing a practical test as 
prescribed in Sec.  61.183(h) of this part for one of the ratings listed 
on the expired flight instructor certificate.
    (b) Flight instructor ratings. (1) A flight instructor rating or a 
limited flight instructor rating on a pilot certificate is no longer 
valid and may not be exchanged for a similar rating or a flight 
instructor certificate.
    (2) The holder of a flight instructor rating or a limited flight 
instructor rating on a pilot certificate may be issued a flight 
instructor certificate with the current ratings, but only if the person 
passes the required knowledge and practical test prescribed in this 
subpart for the issuance of the current flight instructor certificate 
and rating.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-104, 
63 FR 20289, Apr. 23, 1998]



Sec.  61.201  [Reserved]



                      Subpart I_Ground Instructors



Sec.  61.211  Applicability.

    This subpart prescribes the requirements for the issuance of ground 
instructor certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the limitations upon those 
certificates and ratings.



Sec.  61.213  Eligibility requirements.

    (a) To be eligible for a ground instructor certificate or rating a 
person must:
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language. If the applicant is unable to meet one of these requirements 
due to medical reasons, then the Administrator may place such operating 
limitations on that applicant's ground instructor certificate as are 
necessary;
    (3) Except as provided in paragraph (b) of this section, pass a 
knowledge test on the fundamentals of instructing to include--
    (i) The learning process;
    (ii) Elements of effective teaching;
    (iii) Student evaluation and testing;
    (iv) Course development;
    (v) Lesson planning; and
    (vi) Classroom training techniques.
    (4) Pass a knowledge test on the aeronautical knowledge areas in--
    (i) For a basic ground instructor rating, Sec. Sec.  61.97 and 
61.105;
    (ii) For an advanced ground instructor rating, Sec. Sec.  61.97, 
61.105, 61.125, and 61.155; and
    (iii) For an instrument ground instructor rating, Sec.  61.65.
    (b) The knowledge test specified in paragraph (a)(3) of this section 
is not required if the applicant:
    (1) Holds a ground instructor certificate or flight instructor 
certificate issued under this part;
    (2) Holds a current teacher's certificate issued by a State, county, 
city, or municipality that authorizes the person to teach at an 
educational level of the 7th grade or higher; or
    (3) Is employed as a teacher at an accredited college or university.



Sec.  61.215  Ground instructor privileges.

    (a) A person who holds a basic ground instructor rating is 
authorized to provide:
    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of a recreational pilot certificate, private pilot 
certificate, or associated ratings under this part;
    (2) Ground training required for a recreational pilot and private 
pilot flight review; and
    (3) A recommendation for a knowledge test required for the issuance 
of a recreational pilot certificate or private pilot certificate under 
this part.
    (b) A person who holds an advanced ground instructor rating is 
authorized to provide:

[[Page 98]]

    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of any certificate or rating under this part;
    (2) Ground training required for any flight review; and
    (3) A recommendation for a knowledge test required for the issuance 
of any certificate under this part.
    (c) A person who holds an instrument ground instructor rating is 
authorized to provide:
    (1) Ground training in the aeronautical knowledge areas required for 
the issuance of an instrument rating under this part;
    (2) Ground training required for an instrument proficiency check; 
and
    (3) A recommendation for a knowledge test required for the issuance 
of an instrument rating under this part.
    (d) A person who holds a ground instructor certificate is 
authorized, within the limitations of the ratings on the ground 
instructor certificate, to endorse the logbook or other training record 
of a person to whom the holder has provided the training or 
recommendation specified in paragraphs (a) through (c) of this section.



Sec.  61.217  Recent experience requirements.

    The holder of a ground instructor certificate may not perform the 
duties of a ground instructor unless, within the preceding 12 months:
    (a) The person has served for at least 3 months as a ground 
instructor; or
    (b) The person has received an endorsement from an authorized ground 
or flight instructor certifying that the person has demonstrated 
safisfactory proficiency in the subject areas prescribed in Sec.  61.213 
(a)(3) and (a)(4), as applicable.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40907, 
July 30, 1997]



PART 63_CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS--Table of Contents




Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 100 [Note]

                            Subpart A_General

Sec.
63.1 Applicability.
63.2 Certification of foreign flight crewmembers other than pilots.
63.3 Certificates and ratings required.
63.11 Application and issue.
63.12 Offenses involving alcohol or drugs.
63.12a Refusal to submit to an alcohol test or to furnish test results.
63.12b Refusal to submit to a drug or alcohol test.
63.13 Temporary certificate.
63.14 Security disqualification.
63.15 Duration of certificates.
63.15a [Reserved]
63.16 Change of name; replacement of lost or destroyed certificate.
63.17 Tests: General procedure.
63.18 Written tests: Cheating or other unauthorized conduct.
63.19 Operations during physical deficiency.
63.20 Applications, certificates, logbooks, reports, and records; 
          falsification, reproduction, or alteration.
63.21 Change of address.
63.23 Special purpose flight engineer and flight navigator certificates: 
          Operation of U.S.-registered civil airplanes leased by a 
          person not a U.S. citizen.

                       Subpart B_Flight Engineers

63.31 Eligibility requirements; general.
63.33 Aircraft ratings.
63.35 Knowledge requirements.
63.37 Aeronautical experience requirements.
63.39 Skill requirements.
63.41 Retesting after failure.
63.42 Flight engineer certificate issued on basis of a foreign flight 
          engineer license.
63.43 Flight engineer courses.

                       Subpart C_Flight Navigators

63.51 Eligibility requirements; general.
63.53 Knowledge requirements.
63.55 Experience requirements.
63.57 Skill requirements.
63.59 Retesting after failure.
63.61 Flight navigator courses.

Appendix A to Part 63--Test Requirements for Flight Navigator 
          Certificate
Appendix B to Part 63--Flight Navigator Training Course Requirements
Appendix C to Part 63--Flight Engineer Training Course Requirements

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

[[Page 99]]

                  Special Federal Aviation Regulations

               Special Federal Aviation Regulation No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

               Special Federal Aviation Regulation No. 93

    Editorial Note: For the text of SFAR No. 93, see part 61 of this 
chapter.

               Special Federal Aviation Regulation No. 100

    Editorial Note: For the text of SFAR No. 100, see part 61 of this 
chapter.

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36905, June 
20, 2003, SFAR 100 was added, effective June 20, 2003, through June 20, 
2005.



                            Subpart A_General

    Source: Docket No. 1179, 27 FR 7969, Aug. 10, 1962, unless otherwise 
noted.



Sec.  63.1  Applicability.

    This part prescribes the requirements for issuing flight engineer 
and flight navigator certificates and the general operating rules for 
holders of those certificates.



Sec.  63.2  Certification of foreign flight crewmembers other than pilots.

    A person who is neither a United States citizen nor a resident alien 
is issued a certificate under this part (other than under Sec.  63.23 or 
Sec.  63.42) outside the United States only when the Administrator finds 
that the certificate is needed for the operation of a U.S.-registered 
civil aircraft.

(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations Act 
of 1952 (31 U.S.C. 483(a)); sec. 28, International Air Transportation 
Competition Act of 1979 (49 U.S.C. 1159(b)))

[Doc. No. 22052, 47 FR 35693, Aug. 18, 1982]



Sec.  63.3  Certificates and ratings required.

    (a) No person may act as a flight engineer of a civil aircraft of 
U.S. registry unless he has in his personal possession a current flight 
engineer certificate with appropriate ratings issued to him under this 
part and a second-class (or higher) medical certificate issued to him 
under part 67 of this chapter within the preceding 12 months. However, 
when the aircraft is operated within a foreign country, a current flight 
engineer certificate issued by the country in which the aircraft is 
operated, with evidence of current medical qualification for that 
certificate, may be used. Also, in the case of a flight engineer 
certificate issued under Sec.  63.42, evidence of current medical 
qualification accepted for the issue of that certificate is used in 
place of a medical certificate.
    (b) No person may act as a flight navigator of a civil aircraft of 
U.S. registry unless he has in his personal possession a current flight 
navigator certificate issued to him under this part and a second-class 
(or higher) medical certificate issued to him under part 67 of this 
chapter within the preceding 12 months. However, when the aircraft is 
operated within a foreign country, a current flight navigator 
certificate issued by the country in which the aircraft is operated, 
with evidence of current medical qualification for that certificate, may 
be used.
    (c) Each person who holds a flight engineer or flight navigator 
certificate, or medical certificate, shall present either or both for 
inspection upon the request of the Administrator or an authorized 
representative of the National Transportation Safety Board, or of any 
Federal, State, or local law enforcement officer.

(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-1, 27 
FR 10410, Oct. 25, 1962; Amdt. 63-3, 30 FR 14559, Nov. 23, 1965; Amdt. 
63-7, 31 FR 13523, Oct. 20, 1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 
1967; Amdt. 63-9, 33 FR 18613, Dec. 17, 1968; Amdt. 63-11, 35 FR 5320, 
Mar. 31, 1970]

[[Page 100]]



Sec.  63.11  Application and issue.

    (a) An application for a certificate and appropriate class rating, 
or for an additional rating, under this part must be made on a form and 
in a manner prescribed by the Administrator. Each person who is neither 
a United States citizen nor a resident alien and applies for a written 
or practical test to be administered outside the United States for any 
certificate or rating issued under this part must show evidence that the 
fee prescribed in appendix A of part 187 of this chapter has been paid.
    (b) An applicant who meets the requirements of this part is entitled 
to an appropriate certificate and appropriate class ratings.
    (c) Unless authorized by the Administrator, a person whose flight 
engineer certificate is suspended may not apply for any rating to be 
added to that certificate during the period of suspension.
    (d) Unless the order of revocation provides otherwise, a person 
whose flight engineer or flight navigator certificate is revoked may not 
apply for the same kind of certificate for 1 year after the date of 
revocation.

(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations Act 
of 1952 (31 U.S.C. 483(a)); sec. 28, International Air Transportation 
Competition Act of 1979 (49 U.S.C. 1159(b)))

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-3, 30 
FR 14559, Nov. 23, 1965; Amdt. 63-7, 31 FR 13523, Oct. 20, 1966; Amdt. 
63-22, 47 FR 35693, Aug. 16, 1982]



Sec.  63.12  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or state statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marihuana, 
or depressant or stimulant drugs or substances is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of final 
conviction; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (b) The commission of an act prohibited by Sec.  91.17(a) or Sec.  
91.19(a) of this chapter is grounds for--
    (1) Denial of an application for a certificate or rating issued 
under this part for a period of up to 1 year after the date of that act; 
or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 63-27, 
54 FR 34330, Aug. 18, 1989]



Sec.  63.12a  Refusal to submit to an alcohol test or to furnish test results.

    A refusal to submit to a test to indicate the percentage by weight 
of alcohol in the blood, when requested by a law enforcement officer in 
accordance with Sec.  91.11(c) of this chapter, or a refusal to furnish 
or authorize the release of the test results when requested by the 
Administrator in accordance with Sec.  91.17 (c) or (d) of this chapter, 
is grounds for--
    (a) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of that 
refusal; or
    (b) Suspension or revocation of any certificate or rating issued 
under this part.

[Docket No. 21956, 51 FR 1229, Jan. 9, 1986, as amended by Amdt. 63-27, 
54 FR 34330, Aug. 18, 1989]



Sec.  63.12b  Refusal to submit to a drug or alcohol test.

    (a) This section applies to an employee who performs a function 
listed in appendix I or appendix J to part 121 of this chapter directly 
or by contract for a part 121 certificate holder, a part 135 certificate 
holder, or an operator as defined in Sec.  135.1(c) of this chapter.
    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of such 
refusal; and

[[Page 101]]

    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Amdt. 63-29, 59 FR 7389, Feb. 15, 1994]



Sec.  63.13  Temporary certificate.

    A certificate effective for a period of not more than 120 days may 
be issued to a qualified applicant, pending review of his application 
and supplementary documents and the issue of the certificate for which 
he applied.

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec.  63.14  Security disqualification.

    (a) Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's final threat assessment review an application for any 
certificate, rating, or authorization under this part by any person who 
has been issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. No. FAA-2003-14293, 68 FR 3774, Jan. 24, 2003]



Sec.  63.15  Duration of certificates.

    (a) Except as provided in Sec.  63.23 and paragraph (b) of this 
section, a certificate or rating issued under this part is effective 
until it is surrendered, suspended, or revoked.
    (b) A flight engineer certificate (with any amendment thereto) 
issued under Sec.  63.42 expires at the end of the 24th month after the 
month in which the certificate was issued or renewed. However, the 
holder may exercise the privileges of that certificate only while the 
foreign flight engineer license on which that certificate is based is 
effective.
    (c) Any certificate issued under this part ceases to be effective if 
it is surrendered, suspended, or revoked. The holder of any certificate 
issued under this part that is suspended or revoked shall, upon the 
Administrator's request, return it to the Administrator.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313, 601, 602, Federal 
Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, and 1422); sec. 
6(c), Department of Transportation Act (49 U.S.C. 1655(c)); Title V, 
Independent Offices Appropriations Act of 1952 (31 U.S.C. 483(a)); sec. 
28, International Air Transportation Competition Act of 1979 (49 U.S.C. 
1159(b)))

[Doc. No. 8846, 33 FR 18613, Dec. 17, 1968, as amended by Amdt. 63-22, 
47 FR 35693, Aug. 16, 1982]



Sec.  63.15a  [Reserved]



Sec.  63.16  Change of name; replacement of lost or destroyed certificate.

    (a) An application for a change of name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and the marriage license, court order, or other document 
verifying the change. The documents are returned to the applicant after 
inspection.
    (b) An application for a replacement of a lost or destroyed 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Airman Certification Branch, Post 
Office Box 25082, Oklahoma City, OK 73125. The letter must--
    (1) Contain the name in which the certificate was issued, the 
permanent mailing address (including zip code), social security number 
(if any), and date and place of birth of the certificate holder, and any 
available information regarding the grade, number, and date of issue of 
the certificate, and the ratings on it; and

[[Page 102]]

    (2) Be accompanied by a check or money order for $2, payable to the 
Federal Aviation Administration.
    (c) An application for a replacement of a lost or destroyed medical 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Civil Aeromedical Institute, 
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, 
OK 73125, accompanied by a check or money order for $2.00.
    (d) A person whose certificate issued under this part or medical 
certificate, or both, has been lost may obtain a telegram from the 
Federal Aviation Administration confirming that it was issued. The 
telegram may be carried as a certificate for a period not to exceed 60 
days pending his receiving a duplicate under paragraph (b) or (c) of 
this section, unless he has been notified that the certificate has been 
suspended or revoked. The request for such a telegram may be made by 
prepaid telegram, stating the date upon which a duplicate certificate 
was requested, or including the request for a duplicate and a money 
order for the necessary amount. The request for a telegraphic 
certificate should be sent to the office prescribed in paragraph (b) or 
(c) of this section, as appropriate. However, a request for both at the 
same time should be sent to the office prescribed in paragraph (b) of 
this section.

[Doc. No. 7258, 31 FR 13523, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 63-12, 35 FR 14075, Sept. 4, 1970; 
Amdt. 63-13, 36 FR 28654, Feb. 11, 1971]



Sec.  63.17  Tests: General procedure.

    (a) Tests prescribed by or under this part are given at times and 
places, and by persons, designated by the Administrator.
    (b) The minimum passing grade for each test is 70 percent.



Sec.  63.18  Written tests: Cheating or other unauthorized conduct.

    (a) Except as authorized by the Administrator, no person may--
    (1) Copy, or intentionally remove, a written test under this part;
    (2) Give to another, or receive from another, any part or copy of 
that test;
    (3) Give help on that test to, or receive help on that test from, 
any person during the period that test is being given.
    (4) Take any part of that test in behalf of another person;
    (5) Use any material or aid during the period that test is being 
given; or
    (6) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) No person who commits an act prohibited by paragraph (a) of this 
section is eligible for any airman or ground instructor certificate or 
rating under this chapter for a period of 1 year after the date of that 
act. In addition, the commission of that act is a basis for suspending 
or revoking any airman or ground instructor certificate or rating held 
by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec.  63.19  Operations during physical deficiency.

    No person may serve as a flight engineer or flight navigator during 
a period of known physical deficiency, or increase in physical 
deficiency, that would make him unable to meet the physical requirements 
for his current medical certificate.



Sec.  63.20  Applications, certificates, logbooks, reports, and records; 
falsification, reproduction, or alteration.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate or rating under this part;
    (2) Any fraudulent or intentionally false entry in any logbook, 
record, or report that is required to be kept, made, or used, to show 
compliance with any requirement for any certificate or rating under this 
part;
    (3) Any reproduction, for fraudulent purpose, of any certificate or 
rating under this part; or
    (4) Any alteration of any certificate or rating under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a) of this section is a basis for suspending or revoking any 
airman or ground instructor certificate or rating held by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]

[[Page 103]]



Sec.  63.21  Change of address.

    Within 30 days after any change in his permanent mailing address, 
the holder of a certificate issued under this part shall notify the 
Department of Transportation, Federal Aviation Administration, Airman 
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in 
writing, of his new address.

[Doc. No. 10536, 35 FR 14075, Sept. 4, 1970]



Sec.  63.23  Special purpose flight engineer and flight navigator 
certificates: Operation of U.S.-registered civil airplanes leased by a person not a U.S. 
          citizen.

    (a) General. The holder of a current foreign flight engineer or 
flight navigator certificate, license, or authorization issued by a 
foreign contracting State to the Convention on International Civil 
Aviation, who meets the requirements of this section, may hold a special 
purpose flight engineer or flight navigator certificate, as appropriate, 
authorizing the holder to perform flight engineer or flight navigator 
duties on a civil airplane of U.S. registry, leased to a person not a 
citizen of the United States, carrying persons or property for 
compensation or hire. Special purpose flight engineer and flight 
navigator certificates are issued under this section only for airplane 
types that can have a maximum passenger seating configuration, excluding 
any flight crewmember seat, of more than 30 seats or a maximum payload 
capacity (as defined in Sec.  135.2(e) of this chapter) of more than 
7,500 pounds.
    (b) Eligibility. To be eligible for the issuance, or renewal, of a 
certificate under this section, an applicant must present the following 
to the Administrator:
    (1) A current foreign flight engineer or flight navigator 
certificate, license, or authorization issued by the aeronautical 
authority of a foreign contracting State to the Convention on 
International Civil Aviation or a facsimile acceptable to the 
Administrator. The certificate or license must authorize the applicant 
to perform the flight engineer or flight navigator duties to be 
authorized by a certificate issued under this section on the same 
airplane type as the leased airplane.
    (2) A current certification by the lessee of the airplane--
    (i) Stating that the applicant is employed by the lessee;
    (ii) Specifying the airplane type on which the applicant will 
perform flight engineer or flight navigator duties; and
    (iii) Stating that the applicant has received ground and flight 
instruction which qualifies the applicant to perform the duties to be 
assigned on the airplane.
    (3) Documentation showing that the applicant currently meets the 
medical standards for the foreign flight engineer or flight navigator 
certificate, license, or authorization required by paragraph (b)(1) of 
this section, except that a U.S. medical certificate issued under part 
67 of this chapter is not evidence that the applicant meets those 
standards unless the State which issued the applicant's foreign flight 
engineer or flight navigator certificate, license, or authorization 
accepts a U.S. medical certificate as evidence of medical fitness for a 
flight engineer or flight navigator certificate, license, or 
authorization.
    (c) Privileges. The holder of a special purpose flight engineer or 
flight navigator certificate issued under this section may exercise the 
same privileges as those shown on the certificate, license, or 
authorization specified in paragraph (b)(1) of this section, subject to 
the limitations specified in this section.
    (d) Limitations. Each certificate issued under this section is 
subject to the following limitations:
    (1) It is valid only--
    (i) For flights between foreign countries and for flights in foreign 
air commerce;
    (ii) While it and the certificate, license, or authorization 
required by paragraph (b)(1) of this section are in the certificate 
holder's personal possession and are current;
    (iii) While the certificate holder is employed by the person to whom 
the airplane described in the certification required by paragraph (b)(2) 
of this section is leased;
    (iv) While the certificate holder is performing flight engineer or 
flight navigator duties on the U.S.-registered

[[Page 104]]

civil airplane described in the certification required by paragraph 
(b)(2) of this section; and
    (v) While the medical documentation required by paragraph (b)(3) of 
this section is in the certificate holder's personal possession and is 
currently valid.
    (2) Each certificate issued under this section contains the 
following:
    (i) The name of the person to whom the U.S.-registered civil 
airplane is leased.
    (ii) The type of airplane.
    (iii) The limitation: ``Issued under, and subject to, Sec.  63.23 of 
the Federal Aviation Regulations.''
    (iv) The limitation: ``Subject to the privileges and limitations 
shown on the holder's foreign flight (engineer or navigator) 
certificate, license, or authorization.''
    (3) Any additional limitations placed on the certificate which the 
Administrator considers necessary.
    (e) Termination. Each special purpose flight engineer or flight 
navigator certificate issued under this section terminates--
    (1) When the lease agreement for the airplane described in the 
certification required by paragraph (b)(2) of this section terminates;
    (2) When the foreign flight engineer or flight navigator 
certificate, license, or authorization, or the medical documentation 
required by paragraph (b) of this section is suspended, revoked, or no 
longer valid; or
    (3) After 24 months after the month in which the special purpose 
flight engineer or flight navigator certificate was issued.
    (f) Surrender of certificate. The certificate holder shall surrender 
the special purpose flight engineer or flight navigator certificate to 
the Administrator within 7 days after the date it terminates.
    (g) Renewal. The certificate holder may have the certificate renewed 
by complying with the requirements of paragraph (b) of this section at 
the time of application for renewal.

(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; as amended 
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 19300, 45 FR 5672, Jan. 24, 1980]



                       Subpart B_Flight Engineers

    Authority: Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; 
49 U.S.C. 1354, 1421, 1422.

    Source: Docket No. 6458, 30 FR 14559, Nov. 23, 1965, unless 
otherwise noted.



Sec.  63.31  Eligibility requirements; general.

    To be eligible for a flight engineer certificate, a person must--
    (a) Be at least 21 years of age;
    (b) Be able to read, speak, and understand the English language, or 
have an appropriate limitation placed on his flight engineer 
certificate;
    (c) Hold at least a second-class medical certificate issued under 
part 67 of this chapter within the 12 months before the date he applies, 
or other evidence of medical qualification accepted for the issue of a 
flight engineer certificate under Sec.  63.42; and
    (d) Comply with the requirements of this subpart that apply to the 
rating he seeks.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 6458, 30 FR 14559, Nov. 23, 1965, as amended by Amdt. 63-9, 33 
FR 18614, Dec. 17, 1968]



Sec.  63.33  Aircraft ratings.

    (a) The aircraft class ratings to be placed on flight engineer 
certificates are--
    (1) Reciprocating engine powered;
    (2) Turbopropeller powered; and
    (3) Turbojet powered.
    (b) To be eligible for an additional aircraft class rating after his 
flight engineer certificate with a class rating is issued to him, an 
applicant must pass the written test that is appropriate to the class of 
airplane for which an additional rating is sought, and--
    (1) Pass the flight test for that class of aircraft; or
    (2) Satisfactorily complete an approved flight engineer training 
program that is appropriate to the additional class rating sought.



Sec.  63.35  Knowledge requirements.

    (a) An applicant for a flight engineer certificate must pass a 
written test on the following:

[[Page 105]]

    (1) The regulations of this chapter that apply to the duties of a 
flight engineer.
    (2) The theory of flight and aerodynamics.
    (3) Basic meteorology with respect to engine operations.
    (4) Center of gravity computations.
    (b) An applicant for the original or additional issue of a flight 
engineer class rating must pass a written test for that airplane class 
on the following:
    (1) Preflight.
    (2) Airplane equipment.
    (3) Airplane systems.
    (4) Airplane loading.
    (5) Airplane procedures and engine operations with respect to 
limitations.
    (6) Normal operating procedures.
    (7) Emergency procedures.
    (8) Mathematical computation of engine operations and fuel 
consumption.
    (c) Before taking the written tests prescribed in paragraphs (a) and 
(b) of this section, an applicant for a flight engineer certificate must 
present satisfactory evidence of having completed one of the experience 
requirements of Sec.  63.37. However, he may take the written tests 
before acquiring the flight training required by Sec.  63.37.
    (d) An applicant for a flight engineer certificate or rating must 
have passed the written tests required by paragraphs (a) and (b) of this 
section since the beginning of the 24th calendar month before the month 
in which the flight is taken. However, this limitation does not apply to 
an applicant for a flight engineer certificate or rating if--
    (1) The applicant--
    (i) Within the period ending 24 calendar months after the month in 
which the applicant passed the written test, is employed as a flight 
crewmember or mechanic by a U.S. air carrier or commercial operator 
operating either under part 121 or as a commuter air carrier under part 
135 (as defined in part 298 of this title) and is employed by such a 
certificate holder at the time of the flight test;
    (ii) If employed as a flight crewmember, has completed initial 
training, and, if appropriate, transition or upgrade training; and
    (iii) Meets the recurrent training requirements of the applicable 
part or, for mechanics, meets the recency of experience requirements of 
part 65; or
    (2) Within the period ending 24 calendar months after the month in 
which the applicant passed the written test, the applicant participated 
in a flight engineer or maintenance training program of a U.S. scheduled 
military air transportation service and is currently participating in 
that program.
    (e) An air carrier or commercial operator with an approved training 
program under part 121 of this chapter may, when authorized by the 
Administrator, provide as part of that program a written test that it 
may administer to satisfy the test required for an additional rating 
under paragraph (b) of this section.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313(a), 601 through 605 of 
the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421 through 1425); 
sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); and 14 
CFR 11.49)

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-17, 40 
FR 32830, Aug. 5, 1975; Doc. 63-21, 47 FR 13316, Mar. 29, 1982]



Sec.  63.37  Aeronautical experience requirements.

    (a) Except as otherwise specified therein, the flight time used to 
satisfy the aeronautical experience requirements of paragraph (b) of 
this section must have been obtained on an airplane--
    (1) On which a flight engineer is required by this chapter; or
    (2) That has at least three engines that are rated at least 800 
horsepower each or the equivalent in turbine-powered engines.
    (b) An applicant for a flight engineer certificate with a class 
rating must present, for the class rating sought, satisfactory evidence 
of one of the following:
    (1) At least 3 years of diversified practical experience in aircraft 
and aircraft engine maintenance (of which at least 1 year was in 
maintaining multiengine aircraft with engines rated at least 800 
horsepower each, or the equivalent in turbine engine powered aircraft), 
and at least 5 hours of flight training in the duties of a flight 
engineer.

[[Page 106]]

    (2) Graduation from at least a 2-year specialized aeronautical 
training course in maintaining aircraft and aircraft engines (of which 
at least 6 calendar months were in maintaining multiengine aircraft with 
engines rated at least 800 horsepower each or the equivalent in turbine 
engine powered aircraft), and at least 5 hours of flight training in the 
duties of a flight engineer.
    (3) A degree in aeronautical, electrical, or mechanical engineering 
from a recognized college, university, or engineering school; at least 6 
calendar months of practical experience in maintaining multiengine 
aircraft with engines rated at least 800 horsepower each, or the 
equivalent in turbine engine powered aircraft; and at least 5 hours of 
flight training in the duties of a flight engineer.
    (4) At least a commercial pilot certificate with an instrument 
rating and at least 5 hours of flight training in the duties of a flight 
engineer.
    (5) At least 200 hours of flight time in a transport category 
airplane (or in a military airplane with at least two engines and at 
least equivalent weight and horsepower) as pilot in command or second in 
command performing the functions of a pilot in command under the 
supervision of a pilot in command.
    (6) At least 100 hours of flight time as a flight engineer.
    (7) Within the 90-day period before he applies, successful 
completion of an approved flight engineer ground and flight course of 
instruction as provided in appendix C of this part.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 6458, 30 FR 14559, Nov. 23, 1965, as amended by Amdt. 63-5, 31 
FR 9047, July 1, 1966; Amdt. 63-17, 40 FR 32830, Aug. 5, 1975]



Sec.  63.39  Skill requirements.

    (a) An applicant for a flight engineer certificate with a class 
rating must pass a practical test on the duties of a flight engineer in 
the class of airplane for which a rating is sought. The test may only be 
given on an airplane specified in Sec.  63.37(a).
    (b) The applicant must--
    (1) Show that he can satisfactorily perform preflight inspection, 
servicing, starting, pretakeoff, and postlanding procedures;
    (2) In flight, show that he can satisfactorily perform the normal 
duties and procedures relating to the airplane, airplane engines, 
propellers (if appropriate), systems, and appliances; and
    (3) In flight, in an airplane simulator, or in an approved flight 
engineer training device, show that he can satisfactorily perform 
emergency duties and procedures and recognize and take appropriate 
action for malfunctions of the airplane, engines, propellers (if 
appropriate), systems and appliances.



Sec.  63.41  Retesting after failure.

    An applicant for a flight engineer certificate who fails a written 
test or practical test for that certificate may apply for retesting--
    (a) After 30 days after the date he failed that test; or
    (b) After he has received additional practice or instruction 
(flight, synthetic trainer, or ground training, or any combination 
thereof) that is necessary, in the opinion of the Administrator or the 
applicant's instructor (if the Administrator has authorized him to 
determine the additional instruction necessary) to prepare the applicant 
for retesting.



Sec.  63.42  Flight engineer certificate issued on basis of a foreign 
flight engineer license.

    (a) Certificates issued. The holder of a current foreign flight 
engineer license issued by a contracting State to the Convention on 
International Civil Aviation, who meets the requirements of this 
section, may have a flight engineer certificate issued to him for the 
operation of civil aircraft of U.S. registry. Each flight engineer 
certificate issued under this section specifies the number and State of 
issuance of the foreign flight engineer license on which it is based. If 
the holder of the certificate cannot read, speak, or understand the 
English language, the Administrator may place any limitation on the 
certificate that he considers necessary for safety.
    (b) Medical standards and certification. An applicant must submit 
evidence that he currently meets the medical standards for the foreign 
flight engineer license on which the application

[[Page 107]]

for a certificate under this section is based. A current medical 
certificate issued under part 67 of this chapter will be excepted as 
evidence that the applicant meets those standards. However, a medical 
certificate issued under part 67 of this chapter is not evidence that 
the applicant meets those standards outside the United States unless the 
State that issued the applicant's foreign flight engineer license also 
accepts that medical certificate as evidence of the applicant's physical 
fitness for his foreign flight engineer license.
    (c) Ratings issued. Aircraft class ratings listed on the applicant's 
foreign flight engineer license, in addition to any issued to him after 
testing under the provisions of this part, are placed on the applicant's 
flight engineer certificate. An applicant without an aircraft class 
rating on his foreign flight engineer license may be issued a class 
rating if he shows that he currently meets the requirements for 
exercising the privileges of his foreign flight engineer license on that 
class of aircraft.
    (d) Privileges and limitations. The holder of a flight engineer 
certificate issued under this section may act as a flight engineer of a 
civil aircraft of U.S. registry subject to the limitations of this part 
and any additional limitations placed on his certificate by the 
Administrator. He is subject to these limitations while he is acting as 
a flight engineer of the aircraft within or outside the United States. 
However, he may not act as flight engineer or in any other capacity as a 
required flight crewmember, of a civil aircraft of U.S. registry that is 
carrying persons or property for compensation or hire.
    (e) Renewal of certificate and ratings. The holder of a certificate 
issued under this section may have that certificate and the ratings 
placed thereon renewed if, at the time of application for renewal, the 
foreign flight engineer license on which that certificate is based is in 
effect. Application for the renewal of the certificate and ratings 
thereon must be made before the expiration of the certificate.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 8846, 33 FR 18614, Dec. 17, 1968, as amended by Amdt. 63-20, 
45 FR 5673, Jan. 24, 1980]



Sec.  63.43  Flight engineer courses.

    An applicant for approval of a flight engineer course must submit a 
letter to the Administrator requesting approval, and must also submit 
three copies of each course outline, a description of the facilities and 
equipment, and a list of the instructors and their qualifications. An 
air carrier or commercial operator with an approved flight engineer 
training course under part 121 of this chapter may apply for approval of 
a training course under this part by letter without submitting the 
additional information required by this paragraph. Minimum requirements 
for obtaining approval of a flight engineer course are set forth in 
appendix C of this part.



                       Subpart C_Flight Navigators

    Authority: Secs. 313(a), 314, 601, and 607; 49 U.S.C. 1354(a), 1355, 
1421, and 1427.

    Source: Docket No. 1179, 27 FR 7970, Aug. 10, 1962, unless otherwise 
noted.



Sec.  63.51  Eligibility requirements; general.

    To be eligible for a flight navigator certificate, a person must--
    (a) Be at least 21 years of age;
    (b) Be able to read, write, speak, and understand the English 
language;
    (c) Hold at least a second-class medical certificate issued under 
part 67 of this chapter within the 12 months before the date he applies; 
and
    (d) Comply with Sec. Sec.  63.53, 63.55, and 63.57.



Sec.  63.53  Knowledge requirements.

    (a) An applicant for a flight navigator certificate must pass a 
written test on--
    (1) The regulations of this chapter that apply to the duties of a 
flight navigator;
    (2) The fundamentals of flight navigation, including flight planning 
and cruise control;
    (3) Practical meteorology, including analysis of weather maps, 
weather reports, and weather forecasts; and weather sequence 
abbreviations, symbols, and nomenclature;
    (4) The types of air navigation facilities and procedures in general 
use;

[[Page 108]]

    (5) Calibrating and using air navigation instruments;
    (6) Navigation by dead reckoning;
    (7) Navigation by celestial means;
    (8) Navigation by radio aids;
    (9) Pilotage and map reading; and
    (10) Interpretation of navigation aid identification signals.
    (b) A report of the test is mailed to the applicant. A passing grade 
is evidence, for a period of 24 months after the test, that the 
applicant has complied with this section.

[Doc. No. 1179, 27 FR 7970, Aug. 10 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec.  63.55  Experience requirements.

    (a) An applicant for a flight navigator certificate must be a 
graduate of a flight navigator course approved by the Administrator or 
present satisfactory documentary evidence of--
    (1) Satisfactory determination of his position in flight at least 25 
times by night by celestial observations and at least 25 times by day by 
celestial observations in conjunction with other aids; and
    (2) At least 200 hours of satisfactory flight navigation including 
celestial and radio navigation and dead reckoning.

A pilot who has logged 500 hours of cross-country flight time, of which 
at least 100 hours were at night, may be credited with not more than 100 
hours for the purposes of paragraph (a)(2) of this section.
    (b) Flight time used exclusively for practicing long-range 
navigation methods, with emphasis on celestial navigation and dead 
reckoning, is considered to be satisfactory navigation experience for 
the purposes of paragraph (a) of this section. It must be substantiated 
by a logbook, by records of an armed force or a certificated air 
carrier, or by a letter signed by a certificated flight navigator and 
attached to the application.



Sec.  63.57  Skill requirements.

    (a) An applicant for a flight navigator certificate must pass a 
practical test in navigating aircraft by--
    (1) Dead reckoning;
    (2) Celestial means; and
    (3) Radio aids to navigation.
    (b) An applicant must pass the written test prescribed by Sec.  
63.53 before taking the test under this section. However, if a delay in 
taking the test under this section would inconven ience the applicant or 
an air carrier, he may take it before he receives the result of the 
written test, or after he has failed the written test.
    (c) The test requirements for this section are set forth in appendix 
A of this part.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec.  63.59  Retesting after failure.

    (a) An applicant for a flight navigator certificate who fails a 
written or practical test for that certificate may apply for retesting--
    (1) After 30 days after the date he failed that test; or
    (2) Before the 30 days have expired if the applicant presents a 
signed statement from a certificated flight navigator, certificated 
ground instructor, or any other qualified person approved by the 
Administrator, certifying that that person has given the applicant 
additional instruction in each of the subjects failed and that person 
considers the applicant ready for retesting.
    (b) A statement from a certificated flight navigator, or from an 
operations official of an approved navigator course, is acceptable, for 
the purposes of paragraph (a)(2) of this section, for the written test 
and for the flight test. A statement from a person approved by the 
Administrator is acceptable for the written tests. A statement from a 
supervising or check navigator with the United States Armed Forces is 
acceptable for the written test and for the practical test.
    (c) If the applicant failed the flight test, the additional 
instruction must have been administered in flight.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22640, May 25, 1978]



Sec.  63.61  Flight navigator courses.

    An applicant for approval of a flight navigator course must submit a 
letter to the Administrator requesting approval, and must also submit 
three

[[Page 109]]

copies of the course outline, a description of his facilities and 
equipment, and a list of the instructors and their qualifications. 
Requirements for the course are set forth in appendix B to this part.

     Appendix A to Part 63--Test Requirements for Flight Navigator 
                               Certificate

    (a) Demonstration of skill. An applicant will be required to pass 
practical tests on the prescribed subjects. These tests may be given by 
FAA inspectors and designated flight navigator examiners.
    (b) The examination. The practical examination consists of a ground 
test and a flight test as itemized on the examination check sheet. Each 
item must be completed satisfactorily in order for the applicant to 
obtain a passing grade. Items 5, 6, 7 of the ground test may be 
completed orally, and items 17, 22, 23, 34, 36, 37, 38, and 39 of the 
flight test may be completed by an oral examination when a lack of 
ground facilities or navigation equipment makes such procedure 
necessary. In these cases a notation to that effect shall be made in the 
``Remarks'' space on the check sheet.
    (c) Examination procedure. (1) An applicant will provide an aircraft 
in which celestial observations can be taken in all directions. Minimum 
equipment shall include a table for plotting, a drift meter or absolute 
altimeter, an instrument for taking visual bearings, and a radio 
direction finder.
    (2) More than one flight may be used to complete the flight test and 
any type of flight pattern may be used. The test will be conducted 
chiefly over water whenever practicable, and without regard to radio 
range legs or radials. If the test is conducted chiefly over land, a 
chart should be used which shows very little or no topographical and 
aeronautical data. The total flight time will cover a period of at least 
four hours. Only one applicant may be examined at one time, and no 
applicant may perform other than navigator duties during the 
examination.
    (3) When the test is conducted with an aircraft belonging to an air 
carrier, the navigation procedures should conform with those set forth 
in the carrier's operations manual. Items of the flight test which are 
not performed during the routine navigation of the flight will be 
completed by oral examination after the flight or at times during flight 
which the applicant indicates may be used for tests on those items. 
Since in-flight weather conditions, the reliability of the weather 
forecast, and the stability of the aircraft will have considerable 
effect on an applicant's performance, good judgment must be used by the 
agent or examiner in evaluating the tests.
    (d) Ground test. For the ground test, in the order of the numbered 
items on the examination check sheet, an applicant will be required to:
    (1) Identify without a star identifier, at least six navigational 
stars and all planets available for navigation at the time of the 
examination and explain the method of identification.
    (2) Identify two additional stars with a star identifier or sky 
diagrams and explain identification procedure.
    (3) Precompute a time-altitude curve for a period of about 20 
minutes and take 10 single observations of a celestial body which is 
rising or setting rapidly. The intervals between observations should be 
at least one minute. Mark each observation on the graph to show 
accuracy. All observations, after corrections, shall plot within 8 
minutes of arc from the time-altitude curve, and the average error shall 
not exceed 5 minutes of arc.
    (4) Take and plot one 3-star fix and 3 LOP's of the sun. Plotted fix 
or an average of LOP's must fall within 5 miles of the actual position 
of the observer.
    (5) Demonstrate or explain the compensation and swinging of a 
liquid-type magnetic compass.
    (6) Demonstrate or explain a method of aligning one type of drift 
meter.
    (7) Demonstrate or explain a method of aligning an astro-compass or 
periscopic sextant.
    (e) Flight test. For the flight test, in the order of the numbered 
items on the examination check sheet, an applicant will be required to:
    (1) Demonstrate his ability to read weather symbols and interpret 
synoptic surface and upper air weather maps with particular emphasis 
being placed on winds.
    (2) Prepare a flight plan by zones from the forecast winds or 
pressure data of an upper air chart and the operator's data.
    (3) Compute from the operator's data the predicted fuel consumption 
for each zone of the flight, including the alternate.
    (4) Determine the point-of-no-return for the flight with all engines 
running and the equitime point with one engine inoperative. Graphical 
methods which are part of the company's operations manual may be used 
for these computations.
    (5) Prepare a cruise control (howgozit) chart from the operator's 
data.
    (6) Enter actual fuel consumed on the cruise control chart and 
interpret the variations of the actual curve from the predicted curve.
    (7) Check the presence on board and operating condition of all 
navigation equipment. Normally a check list will be used. This check 
will include a time tick or chronometer comparison. Any lack of 
thoroughness during this check will justify this item being graded 
unsatisfactory.

[[Page 110]]

    (8) Locate emergency equipment, such as, the nearest fire 
extinguisher, life preserver, life rafts, exits, axe, first aid kits, 
etc.
    (9) Recite the navigator's duties and stations during emergencies 
for the type of aircraft used for the test.
    (10) Demonstrate the proper use of a flux gate compass or gyrosyn 
compass (when available), with special emphasis on the caging methods 
and the location of switches, circuit breakers, and fuses. If these 
compasses are not part of the aircraft's equipment, an oral examination 
will be given.
    (11) Be accurate and use good judgment when setting and altering 
headings. Erroneous application of variation, deviation, or drift 
correction, or incorrect measurement of course on the chart will be 
graded as unsatisfactory.
    (12) Demonstrate or explain the use of characteristics of various 
chart projections used in long-range air navigation, including the 
plotting of courses and bearings, and the measuring of distances.
    (13) Demonstrate ability to identify designated landmarks by the use 
of a sectional or WAC chart.
    (14) Use a computer with facility and accuracy for the computation 
of winds, drift correction and drift angles, ground speeds, ETA's, fuel 
loads, etc.
    (15) Determine track, ground speed, and wind by the double drift 
method. When a drift meter is not part of the aircraft's equipment, an 
oral examination on the use of the drift meter and a double drift 
problem shall be completed.
    (16) Determine ground speed and wind by the timing method with a 
drift meter. When a drift meter is not part of the aircraft's equipment, 
an oral examination on the procedure and a problem shall be completed.
    (17) Demonstrate the use of air plot for determining wind between 
fixes and for plotting pressure lines of position when using pressure 
and absolute altimeter comparisons.
    (18) Give ETA's to well defined check points at least once each hour 
after the second hour of flight. The average error shall not be more 
than 5 percent of the intervening time intervals, and the maximum error 
of any one ETA shall not be more than 10 percent.
    (19) Demonstrate knowledge and use of D/F equipment and radio 
facility information. Grading on this item will be based largely on the 
applicant's selection of those radio aids which will be of most value to 
his navigation, the manner with which he uses equipment, including 
filter box controls, and the precision with which he reads bearings. The 
aircraft's compass heading and all compass corrections must be 
considered for each bearing.
    (20) Use care in tuning to radio stations to insure maximum 
reception of signal and check for interference signals. Receiver will be 
checked to ascertain that antenna and BFO (Voice-CW) switches are in 
correct positions.
    (21) Identify at least three radio stations using International 
Morse code only for identification. The agent or examiner will tune in 
these stations so that the applicant will have no knowledge of the 
direction, distance, or frequency of the stations.
    (22) Take at least one radio bearing by manual use of the loop. The 
agent or examiner will check the applicant's bearing by taking a manual 
bearing on the same station immediately after the applicant.
    (23) Show the use of good judgment in evaluating radio bearings, and 
explain why certain bearings may be of doubtful value.
    (24) Determine and apply correctly the correction required to be 
made to radio bearings before plotting them on a Mercator chart, and 
demonstrate the ability to plot bearings accurately on charts of the 
Mercator and Lambert conformal projections.
    (25) Compute the compass heading, ETA, and fuel remaining if it is 
assumed that the flight would be diverted to an alternate airport at a 
time specified by the agent or examiner.
    (26) Check the counter scales of a Loran receiver for accuracy, and 
explain the basic (face) adjustments which affect tuning and counter 
alignment. A guide sheet may be used for this test.
    (27) Demonstrate a knowledge of the basic principle of Loran and the 
ability to tune a Loran receiver, to match signals, to read time 
differences, to plot Loran LOP's, and to identify and use sky waves.
    (28) Take and plot bearings from a consol station and explain the 
precautions which must be taken when tuning a radio receiver for consol 
signals. Also, discuss those conditions which affect the reliability of 
consol bearings.
    (29) Demonstrate the ability to properly operate and read an 
absolute altimeter.
    (30) Determine the ``D'' factors for a series of compared readings 
of an absolute altimeter and a pressure altimeter.
    (31) Determine drift angle or lateral displacement from the true 
headingline by application of Bellamy's formula or a variation thereof.
    (32) Interpret the altimeter comparison data with respect to the 
pressure system found at flight level. From this data evaluate the 
accuracy of the prognostic weather map used for flight planning and 
apply this analysis to the navigation of the flight.
    (33) Interpret single LOP's for most probable position, and show how 
a series of single LOP's of the same body may be used to indicate the 
probable track and ground speed. Also, show how a series of single LOP's 
(celestial or radio) from the same celestial body or radio station may 
be used to determine

[[Page 111]]

position when the change of azimuth or bearing is 30[deg] or more 
between observations.
    (34) Select one of the celestial LOP's used during the flight and 
explain how to make a single line of position approach to a point 
selected by the agent or examiner, giving headings, times, and ETA's.
    (35) Demonstrate the proper use of an astro-compass or periscopic 
sextant for taking bearings.
    (36) Determine compass deviation as soon as possible after reaching 
cruising altitude and whenever there is a change of compass heading of 
15[deg] or more.
    (37) Take celestial fixes at hourly intervals when conditions 
permit. The accuracy of these fixes shall be checked by means of a 
Loran, radio, or visual fix whenever practicable. After allowing for the 
probable error of a Loran, radio, or visual fix, a celestial fix under 
favorable conditions should plot within 10 miles of the actual position.
    (38) Select celestial bodies for observation, when possible, whose 
azimuths will differ by approximately 120[deg] for a 3-body fix and will 
differ by approximately 90[deg] for a 2-body fix. The altitudes of the 
selected bodies should be between 25[deg] and 75[deg] whenever 
practicable.
    (39) Have POMAR and any other required reports ready for 
transmission at time of schedule, and be able to inform the pilot in 
command promptly with regard to the aircraft's position and progress in 
comparison with the flight plan.
    (40) Keep a log with sufficient legible entries to provide a record 
from which the flight could be retraced.
    (41) Note significant weather changes which might influence the 
drift or ground speed of the aircraft, such as, temperature, ``D'' 
factors, frontal conditions, turbulence, etc.
    (42) Determine the wind between fixes as a regular practice.
    (43) Estimate the time required and average ground speed during a 
letdown, under conditions specified by the pilot in command.
    (44) Work with sufficient speed to determine the aircraft's position 
hourly by celestial means and also make all other observations and 
records pertinent to the navigation. The applicant should be able to 
take the observation, compute, and plot a celestial LOP within a time 
limit of 8 minutes; take and plot a Loran LOP within a time limit of 3 
minutes for ground waves and 4 minutes for sky waves; observe the 
absolute and pressure altimeters and compute the drift or lateral 
displacement within a time limit of 3 minutes.
    (45) Be accurate in reading instruments and making computations. 
Errors which are made and corrected without affecting the navigation 
will be disregarded unless they cause considerable loss of time.
    An uncorrected error in computation (including reading instruments 
and books) which will affect the reported position more than 25 miles, 
the heading more than 3[deg], or any ETA more than 15 minutes will cause 
this item to be graded unsatisfactory.
    (46) Be alert to changing weather or other conditions during flight 
which might affect the navigation. An applicant should not fail to take 
celestial observations just prior to encountering a broken or overcast 
sky condition; and he should not fail to take a bearing on a radio 
station, which operates at scheduled intervals and which would be a 
valuable aid to the navigation.
    (47) Show a logical choice and sequence in using the various 
navigation methods according to time and accuracy, and check the 
positions determined by one method against positions determined by other 
methods.
    (48) Use a logical sequence in performing the various duties of a 
navigator and plan work according to a schedule. The more important 
duties should not be neglected for others of less importance.

  Appendix B to Part 63--Flight Navigator Training Course Requirements

    (a) Training course outline--(1) Format. The ground course outline 
and the flight course outline shall be combined in one looseleaf binder 
and shall include a table of contents, divided into two parts--ground 
course and flight course. Each part of the table of contents must 
contain a list of the major subjects, together with hours allotted to 
each subject and the total classroom and flight hours.
    (2) Ground course outline. (i) It is not mandatory that a course 
outline have the subject headings arranged exactly as listed in this 
paragraph. Any arrangement of general headings and subheadings will be 
satisfactory provided all the subject material listed here is included 
and the acceptable minimum number of hours is assigned to each subject. 
Each general subject shall be broken down into detail showing items to 
be covered.
    (ii) If any agency desires to include additional subjects in the 
ground training curriculum, such as international law, flight hygiene, 
or others which are not required, the hours allotted these additional 
subjects may not be included in the minimum classroom hours.
    (iii) The following subjects with classroom hours are considered the 
minimum coverage for a ground training course for flight navigators:

------------------------------------------------------------------------
                                                               Classroom
                           Subject                               hours
------------------------------------------------------------------------
Federal Aviation Administration.............................           5

[[Page 112]]

 
  To include Parts 63, 91, and 121 of this chapter.
Meteorology.................................................          40
  To include:
    Basic weather principles.
    Temperature.
    Pressure.
    Winds.
    Moisture in the atmosphere.
    Stability.
    Clouds.
    Hazards.
    Air masses.
    Front weather.
    Fog.
    Thunderstorms.
    Icing.
    World weather and climate.
    Weather maps and weather reports.
    Forecasting.
International Morse code:
  Ability to receive code groups of letters and numerals at
   a speed of eight words per minute
Navigation instruments (exclusive of radio and radar).......          20
  To include:
    Compasses.
    Pressure altimeters.
    Airspeed indicators.
    Driftmeters.
    Bearing indicators.
    Aircraft octants.
    Instrument calibration and alignment.
Charts and pilotage.........................................          15
To include:
  Chart projections.
  Chart symbols.
  Principles of pilotage.
Dead reckoning..............................................          30
To include:
  Air plot.
  Ground plot.
  Calculation of ETA.
  Vector analysis.
  Use of computer.
  Search.
Absolute altimeter with:
Applications................................................          15
  To include:
    Principles of construction.
    Operating instructions.
    Use of Bellamy's formula.
    Flight planning with single drift correction.
Radio and long-range navigational aids......................          35
  To include:
    Principles of radio transmission and reception.
    Radio aids to navigation.
    Government publications.
    Airborne D/F equipment.
    Errors of radio bearings.
    Quadrantal correction.
    Plotting radio bearings.
    ICAO Q code for direction finding.
    Loran.
    Consol.
Celestial navigation........................................         150
  To include:
    The solar system.
    The celestial sphere.
    The astronomical triangle.
    Theory of lines of position.
    Use of the Air Almanac.
    Time and its applications.
    Navigation tables.
    Precomputation.
    Celestial line of position approach.
    Star identification.
    Corrections to celestial observations.
Flight planning and cruise control..........................          25
  To include:
    The flight plan.
    Fuel consumption charts.
    Methods of cruise control.
    Flight progress chart.
    Point-of-no-return.
    Equitime point.
Long-range flight problems..................................          15
                                                             -----------
    Total (exclusive of final examinations).................         350
------------------------------------------------------------------------

    (3) Flight course outline. (i) A minimum of 150 hours of supervised 
flight training shall be given, of which at least 50 hours of flight 
training must be given at night, and celestial navigation must be used 
during flights which total at least 125 hours.
    (ii) A maximum of 50 hours of the required flight training may be 
obtained in acceptable types of synthetic flight navigator training 
devices.
    (iii) Flights should be at least four hours in length and should be 
conducted off civil airways. Some training on long-range flights is 
desirable, but is not required. There is no limit to the number of 
students that may be trained on one flight, but at least one astrodrome 
or one periscopic sextant mounting must be provided for each group of 
four students.
    (iv) Training must be given in dead reckoning, pilotage, radio 
navigation, celestial navigation, and the use of the absolute altimeter.
    (b) Equipment. (1) Classroom equipment shall include one table at 
least 24 x 32 in dimensions for each student.
    (2) Aircraft suitable for the flight training must be available to 
the approved course operator to insure that the flight training may be 
completed without undue delay.

The approved course operator may contract or obtain written agreements 
with aircraft operators for the use of suitable aircraft. A copy of the 
contract or written agreement with an aircraft operator shall be 
attached to each of the three copies of the course outline submitted for 
approval. In all cases, the approved course operator is responsible for 
the nature and quality of instruction given during flight.
    (c) Instructors. (1) Sufficient classroom instructors must be 
available to prevent an excessive ratio of students to instructors. Any

[[Page 113]]

ratio in excess of 20 to 1 will be considered unsatisfactory.
    (2) At least one ground instructor must hold a valid flight 
navigator certificate, and be utilized to coordinate instruction of 
ground school subjects.
    (3) Each instructor who conducts flight training must hold a valid 
flight navigator certificate.
    (d) Revision of training course. (1) Requests for revisions to 
course outlines, facilities, and equipment shall follow procedures for 
original approval of the course. Revisions should be submitted in such 
form that an entire page or pages of the approved outline can be removed 
and replaced by the revisions.
    (2) The list of instructors may be revised at any time without 
request for approval, provided the minimum requirement of paragraph (e) 
of this section is maintained.
    (e) Credit for previous training and experience. (1) Credit may be 
granted by an operator to students for previous training and experience 
which is provable and comparable to portions of the approved curriculum. 
When granting such credit, the approved course operator should be fully 
cognizant of the fact that he is responsible for the proficiency of his 
graduates in accordance with subdivision (i) of paragraph (3) of this 
section.
    (2) Where advanced credit is allowed, the operator shall evaluate 
the student's previous training and experience in accordance with the 
normal practices of accredited technical schools. Before credit is given 
for any ground school subject or portion thereof, the student must pass 
an appropriate examination given by the operator. The results of the 
examination, the basis for credit allowance, and the hours credited 
shall be incorporated as a part of the student's records.
    (3) Credit up to a maximum of 50 hours toward the flight training 
requirement may be given to pilots who have logged at least 500 hours 
while a member of a flight crew which required a certificated flight 
navigator or the Armed Forces equivalent. A similar credit may also be 
given to a licensed deck officer of the Maritime Service who has served 
as such for at least one year on ocean-going vessels. One-half of the 
flight time credited under the terms of this paragraph may be applied 
toward the 50 hours of flight training required at night.
    (f) Students records and reports. Approval of a course shall not be 
continued in effect unless the course operator keeps an accurate record 
of each student, including a chronological log of all instruction, 
subjects covered and course examinations and grades, and unless he 
prepares and transmits to the local Flight Standards District Office not 
later than January 31 of each year, a report containing the following 
information for the previous calendar year:
    (1) The names of all students graduated, together with their school 
grades for ground and flight subjects.
    (2) The names of all students failed or dropped, together with their 
school grades and reasons for dropping.
    (g) Quality of instruction. Approval of a course shall not be 
continued in effect unless at least 80 percent of the students who apply 
within 90 days after graduation are able to qualify on the first attempt 
for certification as flight navigators.
    (h) Statement of graduation. Each student who successfully completes 
an approved flight navigator course shall be given a statement of 
graduation.
    (i) Inspections. Approved course operations will be inspected by 
authorized representatives of the Administrator as often as deemed 
necessary to insure that instruction is maintained at the required 
standards, but the period between inspections shall not exceed 12 
months.
    (j) Change of ownership, name, or location--(1) Change of ownership. 
Approval of a flight navigator course shall not be continued in effect 
after the course has changed ownership. The new owner must obtain a new 
approval by following the procedure prescribed for original approval.
    (2) Change in name. An approved course changed in name but not 
changed in ownership shall remain valid if the change is reported by the 
approved course operator to the local Flight Standards District Office. 
A letter of approval under the new name will be issued by the regional 
office.
    (3) Change in location. An approved course shall remain in effect 
even though the approved course operator changes location if the change 
is reported without delay by the operator to the local Flight Standards 
District Office, which will inspect the facilities to be used. If they 
are found to be adequate, a letter of approval showing the new location 
will be issued by the regional office.
    (k) Cancellation of approval. (1) Failure to meet or maintain any of 
the requirements set forth in this section for the approval or operation 
of an approved flight navigator course shall be considered sufficient 
reason for cancellation of the approval.
    (2) If an operator should desire voluntary cancellation of his 
approved course, he should submit the effective letter of approval and a 
written request for cancellation to the Administrator through the local 
Flight Standards District Office.
    (l) Duration. The authority to operate an approved flight navigator 
course shall expire 24 months after the last day of the month of 
issuance.
    (m) Renewal. Application for renewal of authority to operate an 
approved flight navigator course may be made by letter to the local 
Flight Standards District Office at any time within 60 days before to 
the expiration

[[Page 114]]

date. Renewal of approval will depend upon the course operator meeting 
the current conditions for approval and having a satisfactory record as 
an operator.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-6, 31 
FR 9211, July 6, 1966; Amdt. 63-28, 54 FR 39291, Sept. 25, 1989]

   Appendix C to Part 63--Flight Engineer Training Course Requirements

    (a) Training course outline--(1) Format. The ground course outline 
and the flight course outline are independent. Each must be contained in 
a looseleaf binder to include a table of contents. If an applicant 
desires approval of both a ground school course and a flight school 
course, they must be combined in one looseleaf binder that includes a 
separate table of contents for each course. Separate course outlines are 
required for each type of airplane.
    (2) Ground course outline. (i) It is not mandatory that the subject 
headings be arranged exactly as listed in this paragraph. Any 
arrangement of subjects is satisfactory if all the subject material 
listed here is included and at least the minimum programmed hours are 
assigned to each subject. Each general subject must be broken down into 
detail showing the items to be covered.
    (ii) If any course operator desires to include additional subjects 
in the ground course curriculum, such as international law, flight 
hygiene, or others that are not required, the hours allotted these 
additional subjects may not be included in the minimum programmed 
classroom hours.
    (iii) The following subjects and classroom hours are the minimum 
programmed coverage for the initial approval of a ground training course 
for flight engineers. Subsequent to initial approval of a ground 
training course an applicant may apply to the Administrator for a 
reduction in the programmed hours. Approval of a reduction in the 
approved programmed hours is based on improved training effectiveness 
due to improvements in methods, training aids, quality of instruction, 
or any combination thereof.

------------------------------------------------------------------------
                                                               Classroom
                           Subject                               hours
------------------------------------------------------------------------
Federal Aviation Regulations................................          10
  To include the regulations of this chapter that apply to
   flight engineers
Theory of Flight and Aerodynamics...........................          10
Airplane Familiarization....................................          90
  To include as appropriate:
    Specifications.
    Construction features.
    Flight controls.
    Hydraulic systems.
    Pneumatic systems.
    Electrical systems.
    Anti-icing and de-icing systems.
    Pressurization and air-conditioning systems.
    Vacuum systems.
    Pilot static systems.
    Instrument systems.
    Fuel and oil systems.
    Emergency equipment.
Engine Familiarization......................................          45
  To include as appropriate:
    Specifications.
    Construction features.
    Lubrication.
    Ignition.
    Carburetor and induction, supercharging and fuel control
     systems
    Accessories.
    Propellers.
    Instrumentation.
    Emergency equipment.
Normal Operations (Ground and Flight).......................          50
  To include as appropriate:
    Servicing methods and procedures.
    Operation of all the airplane systems.
    Operation of all the engine systems.
    Loading and center of gravity computations.
    Cruise control (normal, long range, maximum endurance)
    Power and fuel computation.
    Meteorology as applicable to engine operation
Emergency Operations........................................          80
  To include as appropriate:
    Landing gear, brakes, flaps, speed brakes, and leading
     edge devices
    Pressurization and air-conditioning.
    Portable fire extinguishers.
    Fuselage fire and smoke control.
    Loss of electrical power.
    Engine fire control.
    Engine shut-down and restart.
    Oxygen.
                                                             -----------
      Total (exclusive of final tests)......................         235
------------------------------------------------------------------------

    The above subjects, except Theory of Flight and Aerodynamics, and 
Regulations must apply to the same type of airplane in which the student 
flight engineer is to receive flight training.
    (3) Flight Course Outline. (i) The flight training curriculum must 
include at least 10 hours of flight instruction in an airplane specified 
in Sec.  63.37(a). The flight time required for the practical test may 
not be credited as part of the required flight instruction.
    (ii) All of the flight training must be given in the same type 
airplane.
    (iii) As appropriate to the airplane type, the following subjects 
must be taught in the flight training course:

[[Page 115]]

                                 Subject

                normal duties, procedures and operations

To include as appropriate:
    Airplane preflight.
    Engine starting, power checks, pretakeoff, postlanding and shut-down 
procedures.
    Power control.
    Temperature control.
    Engine operation analysis.
    Operation of all systems.
    Fuel management.
    Logbook entries.
    Pressurization and air conditioning.

          recognition and correction of in-flight malfunctions

To include:
    Analysis of abnormal engine operation.
    Analysis of abnormal operation of all systems.
    Corrective action.

                     emergency operations in flight

To include as appropriate:
    Engine fire control.
    Fuselage fire control.
    Smoke control.
    Loss of power or pressure in each system.
    Engine overspeed.
    Fuel dumping.
    Landing gear, spoilers, speed brakes, and flap extension and 
retraction.
    Engine shut-down and restart.
    Use of oxygen.
    (iv) If the Administrator finds a simulator or flight engineer 
training device to accurately reproduce the design, function, and 
control characteristics, as pertaining to the duties and 
responsibilities of a flight engineer on the type of airplane to be 
flown, the flight training time may be reduced by a ratio of 1 hour of 
flight time to 2 hours of airplane simulator time, or 3 hours of flight 
engineer training device time, as the case may be, subject to the 
following limitations:
    (a) Except as provided in subdivision (b) of this paragraph, the 
required flight instruction time in an airplane may not be less than 5 
hours.
    (b) As to a flight engineer student holding at least a commercial 
pilot certificate with an instrument rating, airplane simulator or a 
combination of airplane simulator and flight engineer training device 
time may be submitted for up to all 10 hours of the required flight 
instruction time in an airplane. However, not more than 15 hours of 
flight engineer training device time may be substituted for flight 
instruction time.
    (v) To obtain credit for flight training time, airplane simulator 
time, or flight engineer training device time, the student must occupy 
the flight engineer station and operate the controls.
    (b) Classroom equipment. Classroom equipment should consist of 
systems and procedural training devices, satisfactory to the 
Administrator, that duplicate the operation of the systems of the 
airplane in which the student is to receive his flight training.
    (c) Contracts or agreements. (1) An approved flight engineer course 
operator may contract with other persons to obtain suitable airplanes, 
airplane simulators, or other training devices or equipment.
    (2) An operator who is approved to conduct both the flight engineer 
ground course and the flight engineer flight course may contract with 
others to conduct one course or the other in its entirety but may not 
contract with others to conduct both courses for the same airplane type.
    (3) An operator who has approval to conduct a flight engineer ground 
course or flight course for a type of airplane, but not both courses, 
may not contract with another person to conduct that course in whole or 
in part.
    (4) An operator who contracts with another to conduct a flight 
engineer course may not authorize or permit the course to be conducted 
in whole or in part by a third person.
    (5) In all cases, the course operator who is approved to operate the 
course is responsible for the nature and quality of the instruction 
given.
    (6) A copy of each contract authorized under this paragraph must be 
attached to each of the 3 copies of the course outline submitted for 
approval.
    (d) Instructors. (1) Only certificated flight engineers may give the 
flight instruction required by this appendix in an airplane, simulator, 
or flight engineer training device.
    (2) There must be a sufficient number of qualified instructors 
available to prevent an excess ratio of students to instructors.
    (e) Revisions. (1) Requests for revisions of the course outlines, 
facilities or equipment must follow the procedures for original approval 
of the course. Revisions must be submitted in such form that an entire 
page or pages of the approved outline can be removed and replaced by the 
revisions.
    (2) The list of instructors may be revised at any time without 
request for approval, if the requirements of paragraph (d) of this 
appendix are maintained.
    (f) Ground school credits. (1) Credit may be granted a student in 
the ground school course by the course operator for comparable previous 
training or experience that the student can show by written evidence: 
however, the course operator must still meet the quality of instruction 
as described in paragraph (h) of this appendix.
    (2) Before credit for previous training or experience may be given, 
the student must pass a test given by the course operator on the subject 
for which the credit is to be given. The course operator shall 
incorporate

[[Page 116]]

results of the test, the basis for credit allowance, and the hours 
credited as part of the student's records.
    (g) Records and reports. (1) The course operator must maintain, for 
at least two years after a student graduates, fails, or drops from a 
course, a record of the student's training, including a chronological 
log of the subject course, attendance examinations, and grades.
    (2) Except as provided in paragraph (3) of this section, the course 
operator must submit to the Administrator, not later than January 31 of 
each year, a report for the previous calendar year's training, to 
include:
    (i) Name, enrollment and graduation date of each student;
    (ii) Ground school hours and grades of each student;
    (iii) Flight, airplane simulator, flight engineer training device 
hours, and grades of each student; and
    (iv) Names of students failed or dropped, together with their school 
grades and reasons for dropping.
    (3) Upon request, the Administrator may waive the reporting 
requirements of paragraph (2) of this section for an approved flight 
engineer course that is part of an approved training course under 
subpart N of part 121 of this chapter.
    (h) Quality of instruction. (1) Approval of a ground course is 
discontinued whenever less than 80 percent of the students pass the FAA 
written test on the first attempt.
    (2) Approval of a flight course is discontinued whenever less than 
80 percent of the students pass the FAA practical test on the first 
attempt.
    (3) Notwithstanding paragraphs (1) and (2) of this section, approval 
of a ground or flight course may be continued when the Administrator 
finds--
    (i) That the failure rate was based on less than a representative 
number of students; or
    (ii) That the course operator has taken satisfactory means to 
improve the effectiveness of the training.
    (i) Time limitation. Each student must apply for the written test 
and the flight test within 90 days after completing the ground school 
course.
    (j) Statement of course completion. (1) The course operator shall 
give to each student who successfully completes an approved flight 
engineer ground school training course, and passes the FAA written test, 
a statement of successful completion of the course that indicates the 
date of training, the type of airplane on which the ground course 
training was based, and the number of hours received in the ground 
school course.
    (2) The course operator shall give each student who successfully 
completes an approved flight engineer flight course, and passed the FAA 
practical test, a statement of successful completion of the flight 
course that indicates the dates of the training, the type of airplane 
used in the flight course, and the number of hours received in the 
flight course.
    (3) A course operator who is approved to conduct both the ground 
course and the flight course may include both courses in a single 
statement of course completion if the provisions of paragraphs (1) and 
(2) of this section are included.
    (4) The requirements of this paragraph do not apply to an air 
carrier or commercial operator with an approved training course under 
part 121 of this chapter providing the student receives a flight 
engineer certificate upon completion of that course.
    (k) Inspections. Each course operator shall allow the Administrator 
at any time or place, to make any inspection necessary to ensure that 
the quality and effectiveness of the instruction are maintained at the 
required standards.
    (l) Change of ownership, name, or location. (1) Approval of a flight 
engineer ground course or flight course is discontinued if the ownership 
of the course changes. The new owner must obtain a new approval by 
following the procedure prescribed for original approval.
    (2) Approval of a flight engineer ground course or flight course 
does not terminate upon a change in the name of the course that is 
reported to the Administrator within 30 days. The Administrator issues a 
new letter of approval, using the new name, upon receipt of notice 
within that time.
    (3) Approval of a flight engineer ground course or flight course 
does not terminate upon a change in location of the course that is 
reported to the Administrator within 30 days. The Administrator issues a 
new letter of approval, showing the new location, upon receipt of notice 
within that time, if he finds the new facilities to be adequate.
    (m) Cancellation of approval. (1) Failure to meet or maintain any of 
the requirements of this appendix for the approval of a flight engineer 
ground course or flight course is reason for cancellation of the 
approval.
    (2) If a course operator desires to voluntarily terminate the 
course, he should notify the Administrator in writing and return the 
last letter of approval.
    (n) Duration. Except for a course operated as part of an approved 
training course under subpart N of part 121 of this chapter, the 
approval to operate a flight engineer ground course or flight course 
terminates 24 months after the last day of the month of issue.
    (o) Renewal. (1) Renewal of approval to operate a flight engineer 
ground course or flight course is conditioned upon the course operator's 
meeting the requirements of this appendix.
    (2) Application for renewal may be made to the Administrator at any 
time after 60 days before the termination date.

[[Page 117]]

    (p) Course operator approvals. An applicant for approval of a flight 
engineer ground course, or flight course, or both, must meet all of the 
requirements of this appendix concerning application, approval, and 
continuing approval of that course or courses.
    (q) Practical test eligibility. An applicant for a flight engineer 
certificate and class rating under the provisions of Sec.  63.37(b)(6) 
is not eligible to take the practical test unless he has successfully 
completed an approved flight engineer ground school course in the same 
type of airplane for which he has completed an approved flight engineer 
flight course.

[Doc. No. 6458, 30 FR 14560, Nov. 23, 1965, as amended by Amdt. 63-15, 
37 FR 9758, May 17, 1972]



PART 65_CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS--Table of Contents




Special Federal Aviation Regulation No. 58 [Note]
Special Federal Aviation Regulation No. 100 [Note]

                            Subpart A_General

Sec.
65.1 Applicability.
65.3 Certification of foreign airmen other than flight crewmembers.
65.11 Application and issue.
65.12 Offenses involving alcohol or drugs.
65.13 Temporary certificate.
65.14 Security disqualification.
65.15 Duration of certificates.
65.16 Change of name: Replacement of lost or destroyed certificate.
65.17 Tests: General procedure.
65.18 Written tests: Cheating or other unauthorized conduct.
65.19 Retesting after failure.
65.20 Applications, certificates, logbooks, reports, and records: 
          Falsification reproduction, or alteration.
65.21 Change of address.
65.23 Refusal to submit to a drug or alcohol test.

              Subpart B_Air Traffic Control Tower Operators

65.31 Required certificates, and rating or qualification.
65.33 Eligibility requirements: General.
65.35 Knowledge requirements.
65.37 Skill requirements: Operating positions.
65.39 Practical experience requirements: Facility rating.
65.41 Skill requirements: Facility ratings.
65.43 Rating privileges and exchange.
65.45 Performance of duties.
65.46 Use of prohibited drugs.
65.46a Misuse of alcohol.
65.46b Testing for alcohol.
65.47 Maximum hours.
65.49 General operating rules.
65.50 Currency requirements.

                     Subpart C_Aircraft Dispatchers

65.51 Certificate required.
65.53 Eligibility requirements: General.
65.55 Knowledge requirements.
65.57 Experience or training requirements.
65.59 Skill requirements.
65.61 Aircraft dispatcher certification courses: Content and minimum 
          hours.
65.63 Aircraft dispatcher certification courses: Application, duration, 
          and other general requirements.
65.65 Aircraft dispatcher certification courses: Training facilities.
65.67 Aircraft dispatcher certification courses: Personnel.
65.70 Aircraft dispatcher certification courses: Records.

                           Subpart D_Mechanics

65.71 Eligibility requirements: General.
65.73 Ratings.
65.75 Knowledge requirements.
65.77 Experience requirements.
65.79 Skill requirements.
65.80 Certificated aviation maintenance technician school students.
65.81 General privileges and limitations.
65.83 Recent experience requirements.
65.85 Airframe rating; additional privileges.
65.87 Powerplant rating; additional privileges.
65.89 Display of certificate.
65.91 Inspection authorization.
65.92 Inspection authorization: Duration.
65.93 Inspection authorization: Renewal.
65.95 Inspection authorization: Privileges and limitations.

                           Subpart E_Repairmen

65.101 Eligibility requirements: General.
65.103 Repairman certificate: Privileges and limitations.
65.104 Repairman certificate--experimental aircraft builder--
          Eligibility, privileges and limitations.
65.105 Display of certificate.

                       Subpart F_Parachute Riggers

65.111 Certificate required.
65.113 Eligibility requirements: General.
65.115 Senior parachute rigger certificate: Experience, knowledge, and 
          skill requirements.
65.117 Military riggers or former military riggers: Special 
          certification rule.

[[Page 118]]

65.119 Master parachute rigger certificate: Experience, knowledge, and 
          skill requirements.
65.121 Type ratings.
65.123 Additional type ratings: Requirements.
65.125 Certificates: Privileges.
65.127 Facilities and equipment.
65.129 Performance standards.
65.131 Records.
65.133 Seal.

Appendix A to Part 65--Aircraft Dispatcher Courses

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

    Source: Docket No. 1179, 27 FR 7973, Aug. 10, 1962, unless otherwise 
noted.

               Special Federal Aviation Regulation No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

               Special Federal Aviation Regulation No. 100

    Editorial Note: For the text of SFAR No. 100, see part 61 of this 
chapter.

    Effective Date Note: By Doc. No. FAA-2003-15431, 68 FR 36906, June 
20, 2003, SFAR 100 was added, effective June 20, 2003, through June 20, 
2005.



                            Subpart A_General



Sec.  65.1  Applicability.

    This part prescribes the requirements for issuing the following 
certificates and associated ratings and the general operating rules for 
the holders of those certificates and ratings:
    (a) Air-traffic control-tower operators.
    (b) Aircraft dispatchers.
    (c) Mechanics.
    (d) Repairmen.
    (e) Parachute riggers.



Sec.  65.3  Certification of foreign airmen other than flight crewmembers.

    A person who is neither a U.S. citizen nor a resident alien is 
issued a certificate under subpart D of this part, outside the United 
States, only when the Administrator finds that the certificate is needed 
for the operation or continued airworthiness of a U.S.-registered civil 
aircraft.

[Doc. 65-28, 47 FR 35693, Aug. 16, 1982]



Sec.  65.11  Application and issue.

    (a) Application for a certificate and appropriate class rating, or 
for an additional rating, under this part must be made on a form and in 
a manner prescribed by the Administrator. Each person who is neither a 
U.S. citizen nor a resident alien and who applies for a written or 
practical test to be administered outside the United States or for any 
certificate or rating issued under this part must show evidence that the 
fee prescribed in appendix A of part 187 of this chapter has been paid.
    (b) An applicant who meets the requirements of this part is entitled 
to an appropriate certificate and rating.
    (c) Unless authorized by the Administrator, a person whose air 
traffic control tower operator, mechanic, or parachute rigger 
certificate is suspended may not apply for any rating to be added to 
that certificate during the period of suspension.
    (d) Unless the order of revocation provides otherwise--
    (1) A person whose air traffic control tower operator, aircraft 
dispatcher, or parachute rigger certificate is revoked may not apply for 
the same kind of certificate for 1 year after the date of revocation; 
and
    (2) A person whose mechanic or repairman certificate is revoked may 
not apply for either of those kinds of certificates for 1 year after the 
date of revocation.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 
FR 13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]



Sec.  65.12  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or state statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marihuana, 
or depressant or stimulant drugs or substances is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this

[[Page 119]]

part for a period of up to 1 year after the date of final conviction; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (b) The commission of an act prohibited by Sec.  91.19(a) of this 
chapter is grounds for--
    (1) Denial of an application for a certificate or rating issued 
under this part for a period of up to 1 year after the date of that act; 
or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 65-34, 
54 FR 34330, Aug. 18, 1989]



Sec.  65.13  Temporary certificate.

    A certificate and ratings effective for a period of not more than 
120 days may be issued to a qualified applicant, pending review of his 
application and supplementary documents and the issue of the certificate 
and ratings for which he applied.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-23, 43 
FR 22640, May 25, 1978]



Sec.  65.14  Security disqualification.

    (a) Eligibility standard. No person is eligible to hold a 
certificate, rating, or authorization issued under this part when the 
Transportation Security Administration (TSA) has notified the FAA in 
writing that the person poses a security threat.
    (b) Effect of the issuance by the TSA of an Initial Notification of 
Threat Assessment. (1) The FAA will hold in abeyance pending the outcome 
of the TSA's final threat assessment review an application for any 
certificate, rating, or authorization under this part by any person who 
has been issued an Initial Notification of Threat Assessment by the TSA.
    (2) The FAA will suspend any certificate, rating, or authorization 
issued under this part after the TSA issues to the holder an Initial 
Notification of Threat Assessment.
    (c) Effect of the issuance by the TSA of a Final Notification of 
Threat Assessment. (1) The FAA will deny an application for any 
certificate, rating, or authorization under this part to any person who 
has been issued a Final Notification of Threat Assessment.
    (2) The FAA will revoke any certificate, rating, or authorization 
issued under this part after the TSA has issued to the holder a Final 
Notification of Threat Assessment.

[Doc. No. FAA-2003-14293, 68 FR 3775, Jan. 24, 2003]



Sec.  65.15  Duration of certificates.

    (a) Except for repairman certificates, a certificate or rating 
issued under this part is effective until it is surrendered, suspended, 
or revoked.
    (b) Unless it is sooner surrendered, suspended, or revoked, a 
repairman certificate is effective until the holder is relieved from the 
duties for which the holder was employed and certificated.
    (c) The holder of a certificate issued under this part that is 
suspended, revoked, or no longer effective shall return it to the 
Administrator.

[Doc. No. 22052, 47 FR 35693, Aug. 16, 1982]



Sec.  65.16  Change of name: Replacement of lost or destroyed certificate.

    (a) An application for a change of name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and the marriage license, court order, or other document 
verifying the change. The documents are returned to the applicant after 
inspection.
    (b) An application for a replacement of a lost or destroyed 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Airman Certification Branch, Post 
Office Box 25082, Oklahoma City, OK 73125. The letter must--
    (1) Contain the name in which the certificate was issued, the 
permanent mailing address (including zip code), social security number 
(if any), and date and place of birth of the certificate holder, and any 
available information regarding the grade, number, and date of issue of 
the certificate, and the ratings on it; and
    (2) Be accompanied by a check or money order for $2, payable to the 
Federal Aviation Administration.

[[Page 120]]

    (c) An application for a replacement of a lost or destroyed medical 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Civil Aeromedical Institute, 
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, 
OK 73125, accompanied by a check or money order for $2.00.
    (d) A person whose certificate issued under this part or medical 
certificate, or both, has been lost may obtain a telegram from the FAA 
confirming that it was issued. The telegram may be carried as a 
certificate for a period not to exceed 60 days pending his receiving a 
duplicate certificate under paragraph (b) or (c) of this section, unless 
he has been notified that the certificate has been suspended or revoked. 
The request for such a telegram may be made by prepaid telegram, stating 
the date upon which a duplicate certificate was requested, or including 
the request for a duplicate and a money order for the necessary amount. 
The request for a telegraphic certificate should be sent to the office 
prescribed in paragraph (b) or (c) of this section, as appropriate. 
However, a request for both at the same time should be sent to the 
office prescribed in paragraph (b) of this section.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970; 
Amdt. 65-17, 36 FR 2865, Feb. 11, 1971]



Sec.  65.17  Tests: General procedure.

    (a) Tests prescribed by or under this part are given at times and 
places, and by persons, designated by the Administrator.
    (b) The minimum passing grade for each test is 70 percent.



Sec.  65.18  Written tests: Cheating or other unauthorized conduct.

    (a) Except as authorized by the Administrator, no person may--
    (1) Copy, or intentionally remove, a written test under this part;
    (2) Give to another, or receive from another, any part or copy of 
that test;
    (3) Give help on that test to, or receive help on that test from, 
any person during the period that test is being given;
    (4) Take any part of that test in behalf of another person;
    (5) Use any material or aid during the period that test is being 
given; or
    (6) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) No person who commits an act prohibited by paragraph (a) of this 
section is eligible for any airman or ground instructor certificate or 
rating under this chapter for a period of 1 year after the date of that 
act. In addition, the commission of that act is a basis for suspending 
or revoking any airman or ground instructor certificate or rating held 
by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec.  65.19  Retesting after failure.

    An applicant for a written, oral, or practical test for a 
certificate and rating, or for an additional rating under this part, may 
apply for retesting--
    (a) After 30 days after the date the applicant failed the test; or
    (b) Before the 30 days have expired if the applicant presents a 
signed statement from an airman holding the certificate and rating 
sought by the applicant, certifying that the airman has given the 
applicant additional instruction in each of the subjects failed and that 
the airman considers the applicant ready for retesting.

[Doc. No. 16383, 43 FR 22640, May 25, 1978]



Sec.  65.20  Applications, certificates, logbooks, reports, and records: 
Falsification, reproduction, or alteration.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate or rating under this part;
    (2) Any fraudulent or intentionally false entry in any logbook, 
record, or report that is required to be kept, made, or used, to show 
compliance with any requirement for any certificate or rating under this 
part;
    (3) Any reproduction, for fraudulent purpose, of any certificate or 
rating under this part; or
    (4) Any alteration of any certificate or rating under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a)

[[Page 121]]

of this section is a basis for suspending or revoking any airman or 
ground instructor certificate or rating held by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec.  65.21  Change of address.

    Within 30 days after any change in his permanent mailing address, 
the holder of a certificate issued under this part shall notify the 
Department of Transportation, Federal Aviation Administration, Airman 
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in 
writing, of his new address.

[Doc. No. 10536, 35 FR 14075, Sept. 4, 1970]



Sec.  65.23  Refusal to submit to a drug or alcohol test.

    (a) General. This section applies to an employee who performs a 
function listed in appendix I or appendix J to part 121 of this chapter 
directly or by contract 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 the FAA or 
the U.S. military.
    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of such 
refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]



              Subpart B_Air Traffic Control Tower Operators

    Source: Docket No. 10193, 35 FR 12326, Aug. 1, 1970, unless 
otherwise noted.



Sec.  65.31  Required certificates, and rating or qualification.

    No person may act as an air traffic control tower operator at an air 
traffic control tower in connection with civil aircraft unless he--
    (a) Holds an air traffic control tower operator certificate issued 
to him under this subpart;
    (b) Holds a facility rating for that control tower issued to him 
under this subpart, or has qualified for the operating position at which 
he acts and is under the supervision of the holder of a facility rating 
for that control tower; and

For the purpose of this subpart, operating position means an air traffic 
control function performed within or directly associated with the 
control tower;
    (c) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy or the 
Coast Guard, holds at least a second-class medical certificate issued 
under part 67 of this chapter.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]



Sec.  65.33  Eligibility requirements: General.

    To be eligible for an air traffic control tower operator certificate 
a person must--
    (a) Be at least 18 years of age;
    (b) Be of good moral character;
    (c) Be able to read, write, and understand the English language and 
speak it without accent or impediment of speech that would interfere 
with two-way radio conversation;
    (d) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy or the 
Coast Guard, hold at least a second-class medical certificate issued 
under part 67 of this chapter within the 12 months before the date 
application is made; and
    (e) Comply with Sec.  65.35.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]



Sec.  65.35  Knowledge requirements.

    Each applicant for an air traffic control tower operator certificate 
must pass a written test on--
    (a) The flight rules in part 91 of this chapter:

[[Page 122]]

    (b) Airport traffic control procedures, and this subpart:
    (c) En route traffic control procedures;
    (d) Communications operating procedures;
    (e) Flight assistance service;
    (f) Air navigation, and aids to air navigation; and
    (g) Aviation weather.



Sec.  65.37  Skill requirements: Operating positions.

    No person may act as an air traffic control tower operator at any 
operating position unless he has passed a practical test on--
    (a) Control tower equipment and its use;
    (b) Weather reporting procedures and use of reports;
    (c) Notices to Airmen, and use of the Airman's Information Manual;
    (d) Use of operational forms;
    (e) Performance of noncontrol operational duties; and
    (f) Each of the following procedures that is applicable to that 
operating position and is required by the person performing the 
examination:
    (1) The airport, including rules, equipment, runways, taxiways, and 
obstructions.
    (2) The terrain features, visual checkpoints, and obstructions 
within the lateral boundaries of the surface areas of Class B, Class C, 
Class D, or Class E airspace designated for the airport.
    (3) Traffic patterns and associated procedures for use of 
preferential runways and noise abatement.
    (4) Operational agreements.
    (5) The center, alternate airports, and those airways, routes, 
reporting points, and air navigation aids used for terminal air traffic 
control.
    (6) Search and rescue procedures.
    (7) Terminal air traffic control procedures and phraseology.
    (8) Holding procedures, prescribed instrument approach, and 
departure procedures.
    (9) Radar alignment and technical operation.
    (10) The application of the prescribed radar and nonradar separation 
standard, as appropriate.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1991, as amended by Amdt. 65-36, 
56 FR 65653, Dec. 17, 1991]



Sec.  65.39  Practical experience requirements: Facility rating.

    Each applicant for a facility rating at any air traffic control 
tower must have satisfactorily served--
    (a) As an air traffic control tower operator at that control tower 
without a facility rating for at least 6 months; or
    (b) As an air traffic control tower operator with a facility rating 
at a different control tower for at least 6 months before the date he 
applies for the rating.

However, an applicant who is a member of an Armed Force of the United 
States meets the requirements of this section if he has satisfactorily 
served as an air traffic control tower operator for at least 6 months.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-19, 36 
FR 21280, Nov. 5, 1971]



Sec.  65.41  Skill requirements: Facility ratings.

    Each applicant for a facility rating at an air traffic control tower 
must have passed a practical test on each item listed in Sec.  65.37 of 
this part that is applicable to each operating position at the control 
tower at which the rating is sought.



Sec.  65.43  Rating privileges and exchange.

    (a) The holder of a senior rating on August 31, 1970, may at any 
time after that date exchange his rating for a facility rating at the 
same air traffic control tower. However, if he does not do so before 
August 31, 1971, he may not thereafter exercise the privileges of his 
senior rating at the control tower concerned until he makes the 
exchange.
    (b) The holder of a junior rating on August 31, 1970, may not 
control air traffic, at any operating position at the control tower 
concerned, until he has met the applicable requirements of Sec.  65.37 
of this part. However, before

[[Page 123]]

meeting those requirements he may control air traffic under the 
supervision, where required, of an operator with a senior rating (or 
facility rating) in accordance with Sec.  65.41 of this part in effect 
before August 31, 1970.



Sec.  65.45  Performance of duties.

    (a) An air traffic control tower operator shall perform his duties 
in accordance with the limitations on his certificate and the procedures 
and practices prescribed in air traffic control manuals of the FAA, to 
provide for the safe, orderly, and expeditious flow of air traffic.
    (b) An operator with a facility rating may control traffic at any 
operating position at the control tower at which he holds a facility 
rating. However, he may not issue an air traffic clearance for IFR 
flight without authorization from the appropriate facility exercising 
IFR control at that location.
    (c) An operator who does not hold a facility rating for a particular 
control tower may act at each operating position for which he has 
qualified, under the supervision of an operator holding a facility 
rating for that control tower.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16, 
35 FR 14075, Sept. 4, 1970]



Sec.  65.46  Use of prohibited drugs.

    (a) The following definitions apply for the purposes of this 
section:
    (1) An employee is a person who performs an air traffic control 
function for an employer. For the purpose of this section, a person who 
performs such a function pursuant to a contract with an employer is 
considered to be performing that function for the employer.
    (2) An ``employer'' means an air traffic control facility not 
operated by the FAA or by or under contract to the U.S. military that 
employs a person to perform an air traffic control function.
    (b) Each employer shall provide each employee performing a function 
listed in appendix I to part 121 of this chapter and his or her 
supervisor with the training specified in that appendix. No employer may 
use any contractor to perform an air traffic control function unless 
that contractor provides each of its employees performing that function 
for the employer and his or her supervisor with the training specified 
in that appendix.
    (c) No employer may knowingly use any person to perform, nor may any 
person perform for an employer, either directly or by contract, any air 
traffic control function while that person has a prohibited drug, as 
defined in appendix I to part 121 of this chapter, in his or her system.
    (d) No employer shall knowingly use any person to perform, nor may 
any person perform for an employer, either directly or by contract, any 
air traffic control function if the person has a verified positive drug 
test result on or has refused to submit to a drug test required by 
appendix I to part 121 of this chapter and the person has not met the 
requirements of appendix I to part 121 of this chapter for returning to 
the performance of safety-sensitive duties.
    (e) Each employer shall test each of its employees who performs any 
air traffic control function in accordance with appendix I to part 121 
of this chapter. No employer may use any contractor to perform any air 
traffic control function unless that contractor tests each employee 
performing such a function for the employer in accordance with that 
appendix.

[Doc. No. 25148, 53 FR 47056, Nov. 21, 1988, as amended by Amdt. 65-38, 
59 FR 42927, Aug. 19, 1994]



Sec.  65.46a  Misuse of alcohol.

    (a) This section applies to employees who perform air traffic 
control duties directly or by contract for an employer that is an air 
traffic control facility not operated by the FAA or the U.S. military 
(covered employees).
    (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 
employer 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 employer having actual 
knowledge that a

[[Page 124]]

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. No covered employee shall perform air traffic 
control duties within 8 hours after using alcohol. No employer having 
actual knowledge that such an employee has used alcohol within 8 hours 
shall permit the employee to perform or continue to perform air traffic 
control duties.
    (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 to part 121 
of this chapter, 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 part 
121 of this chapter. No employer shall permit an employee who refuses to 
submit to such a test to perform or continue to perform safety-sensitive 
functions.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]



Sec.  65.46b  Testing for alcohol.

    (a) Each air traffic control facility not operated by the FAA or the 
U.S. military (hereinafter employer) must establish an alcohol misuse 
prevention program in accordance with the provisions of appendix J to 
part 121 of this chapter.
    (b) No employer shall use any person who meets the definition of 
covered employee in appendix J to part 121 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. 65-37, 59 FR 7389, Feb. 15, 1994]



Sec.  65.47  Maximum hours.

    Except in an emergency, a certificated air traffic control tower 
operator must be relieved of all duties for at least 24 consecutive 
hours at least once during each 7 consecutive days. Such an operator may 
not serve or be required to serve--
    (a) For more than 10 consecutive hours; or
    (b) For more than 10 hours during a period of 24 consecutive hours, 
unless he has had a rest period of at least 8 hours at or before the end 
of the 10 hours of duty.



Sec.  65.49  General operating rules.

    (a) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy, or the 
Coast Guard, no person may act as an air traffic control tower operator 
under a certificate issued to him or her under this part unless he or 
she has in his or her personal possession an appropriate current medical 
certificate issued under part 67 of this chapter.
    (b) Each person holding an air traffic control tower operator 
certificate shall keep it readily available when performing duties in an 
air traffic control tower, and shall present that certificate or his 
medical certificate or both for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.
    (c) A certificated air traffic control tower operator who does not 
hold a facility rating for a particular control tower may not act at any 
operating position at the control tower concerned unless there is 
maintained at that control tower, readily available to persons named in 
paragraph (b) of this section, a current record of the operating 
positions at which he has qualified.
    (d) An air traffic control tower operator may not perform duties 
under his certificate during any period of known physical deficiency 
that would make him unable to meet the physical requirements for his 
current medical certificate. However, if the deficiency is temporary, he 
may perform duties that are not affected by it whenever another

[[Page 125]]

certificated and qualified operator is present and on duty.
    (e) A certificated air traffic control tower operator may not 
control air traffic with equipment that the Administrator has found to 
be inadequate.
    (f) The holder of an air traffic control tower operator certificate, 
or an applicant for one, shall, upon the reasonable request of the 
Administrator, cooperate fully in any test that is made of him.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-31, 52 
FR 17519, May 8, 1987]



Sec.  65.50  Currency requirements.

    The holder of an air traffic control tower operator certificate may 
not perform any duties under that certificate unless--
    (a) He has served for at least three of the preceding 6 months as an 
air traffic control tower operator at the control tower to which his 
facility rating applies, or at the operating positions for which he has 
qualified; or
    (b) He has shown that he meets the requirements for his certificate 
and facility rating at the control tower concerned, or for operating at 
positions for which he has previously qualified.



                     Subpart C_Aircraft Dispatchers

    Source: Docket No. FAA-1998-4553, 64 FR 68923, Dec. 8, 1999, unless 
otherwise noted.



Sec.  65.51  Certificate required.

    (a) No person may act as an aircraft dispatcher (exercising 
responsibility with the pilot in command in the operational control of a 
flight) in connection with any civil aircraft in air commerce unless 
that person has in his or her personal possession an aircraft dispatcher 
certificate issued under this subpart.
    (b) Each person who holds an aircraft dispatcher certificate must 
present it for inspection upon the request of the Administrator or an 
authorized representative of the National Transportation Safety Board, 
or of any Federal, State, or local law enforcement officer.



Sec.  65.53  Eligibility requirements: General.

    (a) To be eligible to take the aircraft dispatcher knowledge test, a 
person must be at least 21 years of age.
    (b) To be eligible for an aircraft dispatcher certificate, a person 
must--
    (1) Be at least 23 years of age;
    (2) Be able to read, speak, write, and understand the English 
language;
    (3) Pass the required knowledge test prescribed by Sec.  65.55 of 
this part;
    (4) Pass the required practical test prescribed by Sec.  65.59 of 
this part; and
    (5) Comply with the requirements of Sec.  65.57 of this part.



Sec.  65.55  Knowledge requirements.

    (a) A person who applies for an aircraft dispatcher certificate must 
pass a knowledge test on the following aeronautical knowledge areas:
    (1) Applicable Federal Aviation Regulations of this chapter that 
relate to airline transport pilot privileges, limitations, and flight 
operations;
    (2) Meteorology, including knowledge of and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air data;
    (3) General system of weather and NOTAM collection, dissemination, 
interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;
    (5) National Weather Service functions as they pertain to operations 
in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to enroute operations, terminal area and radar operations, 
and instrument departure and approach procedures;
    (9) Aircraft loading, weight and balance, use of charts, graphs, 
tables, formulas, and computations, and their effect on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight characteristics 
and performance in normal and abnormal flight regimes;
    (11) Human factors;

[[Page 126]]

    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management, including crew communication and 
coordination.
    (b) The applicant must present documentary evidence satisfactory to 
the administrator of having passed an aircraft dispatcher knowledge test 
within the preceding 24 calendar months.



Sec.  65.57  Experience or training requirements.

    An applicant for an aircraft dispatcher certificate must present 
documentary evidence satisfactory to the Administrator that he or she 
has the experience prescribed in paragraph (a) of this section or has 
accomplished the training described in paragraph (b) of this section as 
follows:
    (a) A total of at least 2 years experience in the 3 years before the 
date of application, in any one or in any combination of the following 
areas:
    (1) In military aircraft operations as a--
    (i) Pilot;
    (ii) Flight navigator; or
    (iii) Meteorologist.
    (2) In aircraft operations conducted under part 121 of this chapter 
as--
    (i) An assistant in dispatching air carrier aircraft, under the 
direct supervision of a dispatcher certificated under this subpart;
    (ii) A pilot;
    (iii) A flight engineer; or
    (iv) A meteorologist.
    (3) In aircraft operations as--
    (i) An Air Traffic Controller; or
    (ii) A Flight Service Specialist.
    (4) In aircraft operations, performing other duties that the 
Administrator finds provide equivalent experience.
    (b) A statement of graduation issued or revalidated in accordance 
with Sec.  65.70(b) of this part, showing that the person has 
successfully completed an approved aircraft dispatcher course.



Sec.  65.59  Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test given by the Administrator, with respect to any one type 
of large aircraft used in air carrier operations. The practical test 
must be based on the aircraft dispatcher practical test standards, as 
published by the FAA, on the items outlined in appendix A of this part.



Sec.  65.61  Aircraft dispatcher certification courses: Content and minimum hours.

    (a) An approved aircraft dispatcher certification course must:
    (1) Provide instruction in the areas of knowledge and topics listed 
in appendix A of this part;
    (2) Include a minimum of 200 hours of instruction.
    (b) An applicant for approval of an aircraft dispatcher course must 
submit an outline that describes the major topics and subtopics to be 
covered and the number of hours proposed for each.
    (c) Additional subject headings for an aircraft dispatcher 
certification course may also be included, however the hours proposed 
for any subjects not listed in appendix A of this part must be in 
addition to the minimum 200 course hours required in paragraph (a) of 
this section.
    (d) For the purpose of completing an approved course, a student may 
substitute previous experience or training for a portion of the minimum 
200 hours of training. The course operator determines the number of 
hours of credit based on an evaluation of the experience or training to 
determine if it is comparable to portions of the approved course 
curriculum. The credit allowed, including the total hours and the basis 
for it, must be placed in the student's record required by Sec.  
65.70(a) of this part.



Sec.  65.63  Aircraft dispatcher certification courses: Application, 
duration, and other general requirements.

    (a) Application. Application for original approval of an aircraft 
dispatcher certification course or the renewal of approval of an 
aircraft dispatcher certification course under this part must be:
    (1) Made in writing to the Administrator;
    (2) Accompanied by two copies of the course outline required under 
Sec.  65.61(b) of this part, for which approval is sought;

[[Page 127]]

    (3) Accompanied by a description of the equipment and facilities to 
be used; and
    (4) Accompanied by a list of the instructors and their 
qualifications.
    (b) Duration. Unless withdrawn or canceled, an approval of an 
aircraft dispatcher certification course of study expires:
    (1) On the last day of the 24th month from the month the approval 
was issued; or
    (2) Except as provided in paragraph (f) of this section, on the date 
that any change in ownership of the school occurs.
    (c) Renewal. Application for renewal of an approved aircraft 
dispatcher certification course must be made within 30 days preceding 
the month the approval expires, provided the course operator meets the 
following requirements:
    (1) At least 80 percent of the graduates from that aircraft 
dispatcher certification course, who applied for the practical test 
required by Sec.  65.59 of this part, passed the practical test on their 
first attempt; and
    (2) The aircraft dispatcher certification course continues to meet 
the requirements of this subpart for course approval.
    (d) Course revisions. Requests for approval of a revision of the 
course outline, facilities, or equipment must be in accordance with 
paragraph (a) of this section. Proposed revisions of the course outline 
or the description of facilities and equipment must be submitted in a 
format that will allow an entire page or pages of the approved outline 
or description to be removed and replaced by any approved revision. The 
list of instructors may be revised at any time without request for 
approval, provided the minimum requirements of Sec.  65.67 of this part 
are maintained and the Administrator is notified in writing.
    (e) Withdrawal or cancellation of approval. Failure to continue to 
meet the requirements of this subpart for the approval or operation of 
an approved aircraft dispatcher certification course is grounds for 
withdrawal of approval of the course. A course operator may request 
cancellation of course approval by a letter to the Administrator. The 
operator must forward any records to the FAA as requested by the 
Administrator.
    (f) Change in ownership. A change in ownership of a part 65, 
appendix A-approved course does not terminate that aircraft dispatcher 
certification course approval if, within 10 days after the date that any 
change in ownership of the school occurs:
    (1) Application is made for an appropriate amendment to the 
approval; and
    (2) No change in the facilities, personnel, or approved aircraft 
dispatcher certification course is involved.
    (g) Change in name or location. A change in name or location of an 
approved aircraft dispatcher certification course does not invalidate 
the approval if, within 10 days after the date that any change in name 
or location occurs, the course operator of the part 65, appendix A-
approved course notifies the Administrator, in writing, of the change.



Sec.  65.65  Aircraft dispatcher certification courses: Training facilities.

    An applicant for approval of authority to operate an aircraft 
dispatcher course of study must have facilities, equipment, and 
materials adequate to provide each student the theoretical and practical 
aspects of aircraft dispatching. Each room, training booth, or other 
space used for instructional purposes must be temperature controlled, 
lighted, and ventilated to conform to local building, sanitation, and 
health codes. In addition, the training facility must be so located that 
the students in that facility are not distracted by the instruction 
conducted in other rooms.



Sec.  65.67  Aircraft dispatcher certification courses: Personnel.

    (a) Each applicant for an aircraft dispatcher certification course 
must meet the following personnel requirements:
    (1) Each applicant must have adequate personnel, including one 
instructor who holds an aircraft dispatcher certificate and is available 
to coordinate all training course instruction.
    (2) Each applicant must not exceed a ratio of 25 students for one 
instructor.
    (b) The instructor who teaches the practical dispatch applications 
area of

[[Page 128]]

the appendix A course must hold an aircraft dispatchers certificate



Sec.  65.70  Aircraft dispatcher certification courses: Records.

    (a) The operator of an aircraft dispatcher course must maintain a 
record for each student, including a chronological log of all 
instructors, subjects covered, and course examinations and results. The 
record must be retained for at least 3 years after graduation. The 
course operator also must prepare, for its records, and transmit to the 
Administrator not later than January 31 of each year, a report 
containing the following information for the previous year:
    (1) The names of all students who graduated, together with the 
results of their aircraft dispatcher certification courses.
    (2) The names of all the students who failed or withdrew, together 
with the results of their aircraft dispatcher certification courses or 
the reasons for their withdrawal.
    (b) Each student who successfully completes the approved aircraft 
dispatcher certification course must be given a written statement of 
graduation, which is valid for 90 days. After 90 days, the course 
operator may revalidate the graduation certificate for an additional 90 
days if the course operator determines that the student remains 
proficient in the subject areas listed in appendix A of this part.



                           Subpart D_Mechanics



Sec.  65.71  Eligibility requirements: General.

    (a) To be eligible for a mechanic certificate and associated 
ratings, a person must--
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language, or in the case of an applicant who does not meet this 
requirement and who is employed outside of the United States by a U.S. 
air carrier, have his certificate endorsed ``Valid only outside the 
United States'';
    (3) Have passed all of the prescribed tests within a period of 24 
months; and
    (4) Comply with the sections of this subpart that apply to the 
rating he seeks.
    (b) A certificated mechanic who applies for an additional rating 
must meet the requirements of Sec.  65.77 and, within a period of 24 
months, pass the tests prescribed by Sec. Sec.  65.75 and 65.79 for the 
additional rating sought.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-6, 31 
FR 5950, Apr. 19, 1966]



Sec.  65.73  Ratings.

    (a) The following ratings are issued under this subpart:
    (1) Airframe.
    (2) Powerplant.
    (b) A mechanic certificate with an aircraft or aircraft engine 
rating, or both, that was issued before, and was valid on, June 15, 
1952, is equal to a mechanic certificate with an airframe or powerplant 
rating, or both, as the case may be, and may be exchanged for such a 
corresponding certificate and rating or ratings.



Sec.  65.75  Knowledge requirements.

    (a) Each applicant for a mechanic certificate or rating must, after 
meeting the applicable experience requirements of Sec.  65.77, pass a 
written test covering the construction and maintenance of aircraft 
appropriate to the rating he seeks, the regulations in this subpart, and 
the applicable provisions of parts 43 and 91 of this chapter. The basic 
principles covering the installation and maintenance of propellers are 
included in the powerplant test.
    (b) The applicant must pass each section of the test before applying 
for the oral and practical tests prescribed by Sec.  65.79. A report of 
the written test is sent to the applicant.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-1, 27 
FR 10410, Oct. 25, 1962; Amdt. 65-6, 31 FR 5950, Apr. 19, 1966]



Sec.  65.77  Experience requirements.

    Each applicant for a mechanic certificate or rating must present 
either an appropriate graduation certificate or certificate of 
completion from a certificated cated aviation maintenance

[[Page 129]]

technician school or documentary evidence, satisfactory to the 
Administrator, of--
    (a) At least 18 months of practical experience with the procedures, 
practices, materials, tools, machine tools, and equipment generally used 
in constructing, maintaining, or altering airframes, or powerplants 
appropriate to the rating sought; or
    (b) At least 30 months of practical experience concurrently 
performing the duties appropriate to both the airframe and powerplant 
ratings.

[Doc. No. 1179, 27 FR, 7973, Aug. 10, 1962, as amended by Amdt. 65-14, 
35 FR, 5533, Apr. 3, 1970]



Sec.  65.79  Skill requirements.

    Each applicant for a mechanic certificate or rating must pass an 
oral and a practical test on the rating he seeks. The tests cover the 
applicant's basic skill in performing practical projects on the subjects 
covered by the written test for that rating. An applicant for a 
powerplant rating must show his ability to make satisfactory minor 
repairs to, and minor alterations of, propellers.



Sec.  65.80  Certificated aviation maintenance technician school students.

    Whenever an aviation maintenance technician school certificated 
under part 147 of this chapter shows to an FAA inspector that any of its 
students has made satisfactory progress at the school and is prepared to 
take the oral and practical tests prescribed by Sec.  65.79, that 
student may take those tests during the final subjects of his training 
in the approved curriculum, before he meets the applicable experience 
requirements of Sec.  65.77 and before he passes each section of the 
written test prescribed by Sec.  65.75.

[Doc. No. 9444, 35 FR 5533, Apr. 3, 1970]



Sec.  65.81  General privileges and limitations.

    (a) A certificated mechanic may perform or supervise the 
maintenance, preventive maintenance or alteration of an aircraft or 
appliance, or a part thereof, for which he is rated (but excluding major 
repairs to, and major alterations of, propellers, and any repair to, or 
alteration of, instruments), and may perform additional duties in 
accordance with Sec. Sec.  65.85, 65.87, and 65.95. However, he may not 
supervise the maintenance, preventive maintenance, or alteration of, or 
approve and return to service, any aircraft or appliance, or part 
thereof, for which he is rated unless he has satisfactorily performed 
the work concerned at an earlier date. If he has not so performed that 
work at an earlier date, he may show his ability to do it by performing 
it to the satisfaction of the Administrator or under the direct 
supervision of a certificated and appropriately rated mechanic, or a 
certificated repairman, who has had previous experience in the specific 
operation concerned.
    (b) A certificated mechanic may not exercise the privileges of his 
certificate and rating unless he understands the current instructions of 
the manufacturer, and the maintenance manuals, for the specific 
operation concerned.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 
FR 5451, Apr. 23, 1964; Amdt. 65-26, 45 FR 46737, July 10, 1980]



Sec.  65.83  Recent experience requirements.

    A certificated mechanic may not exercise the privileges of his 
certificate and rating unless, within the preceding 24 months--
    (a) The Administrator has found that he is able to do that work; or
    (b) He has, for at least 6 months--
    (1) Served as a mechanic under his certificate and rating;
    (2) Technically supervised other mechanics;
    (3) Supervised, in an executive capacity, the maintenance or 
alteration of aircraft; or
    (4) Been engaged in any combination of paragraph (b) (1), (2), or 
(3) of this section.



Sec.  65.85  Airframe rating; additional privileges.

    A certificated mechanic with an airframe rating may approve and 
return to service an airframe, or any related part or appliance, after 
he has performed, supervised, or inspected its maintenance or alteration 
(excluding major repairs and major alterations). In addition, he may 
perform the 100-hour inspection required by part 91 of

[[Page 130]]

this chapter on an airframe, or any related part or appliance, and 
approve and return it to service.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967]



Sec.  65.87  Powerplant rating; additional privileges.

    A certificated mechanic with a powerplant rating may approve and 
return to service a powerplant or propeller or any related part or 
appliance, after he has performed, supervised, or inspected its 
maintenance or alteration (excluding major repairs and major 
alterations). In addition, he may perform the 100-hour inspection 
required by part 91 of this chapter on a powerplant or propeller, or any 
part thereof, and approve and return it to service.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967]



Sec.  65.89  Display of certificate.

    Each person who holds a mechanic certificate shall keep it within 
the immediate area where he normally exercises the privileges of the 
certificate and shall present it for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



Sec.  65.91  Inspection authorization.

    (a) An application for an inspection authorization is made on a form 
and in a manner prescribed by the Administrator.
    (b) An applicant who meets the requirements of this section is 
entitled to an inspection authorization.
    (c) To be eligible for an inspection authorization, an applicant 
must--
    (1) Hold a currently effective mechanic certificate with both an 
airframe rating and a powerplant rating, each of which is currently 
effective and has been in effect for a total of at least 3 years;
    (2) Have been actively engaged, for at least the 2-year period 
before the date he applies, in maintaining aircraft certificated and 
maintained in accordance with this chapter;
    (3) Have a fixed base of operations at which he may be located in 
person or by telephone during a normal working week but it need not be 
the place where he will exercise his inspection authority;
    (4) Have available to him the equipment, facilities, and inspection 
data necessary to properly inspect airframes, powerplants, propellers, 
or any related part or appliance; and
    (5) Pass a written test on his ability to inspect according to 
safety standards for returning aircraft to service after major repairs 
and major alterations and annual and progressive inspections performed 
under part 43 of this chapter.

An applicant who fails the test prescribed in paragraph (c)(5) of this 
section may not apply for retesting until at least 90 days after the 
date he failed the test.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-5, 31 
FR 3337, Mar. 3, 1966; Amdt. 65-22, 42 FR 46279, Sept. 15, 1977; Amdt. 
65-30, 50 FR 15700, Apr. 19, 1985]



Sec.  65.92  Inspection authorization: Duration.

    (a) Each inspection authorization expires on March 31 of each year. 
However, the holder may exercise the privileges of that authorization 
only while he holds a currently effective mechanic certificate with both 
a currently effective airframe rating and a currently effective 
powerplant rating.
    (b) An inspection authorization ceases to be effective whenever any 
of the following occurs:
    (1) The authorization is surrendered, suspended, or revoked.
    (2) The holder no longer has a fixed base of operation.
    (3) The holder no longer has the equipment, facilities, and 
inspection data required by Sec.  65.91(c) (3) and (4) for issuance of 
his authorization.
    (c) The holder of an inspection authorization that is suspended or 
revoked shall, upon the Administrator's request, return it to the 
Administrator.

[Doc. No. 12537, 42 FR 46279, Sept. 15, 1977]

[[Page 131]]



Sec.  65.93  Inspection authorization: Renewal.

    (a) To be eligible for renewal of an inspection authorization for a 
1-year period an applicant must present evidence annually, during the 
month of March, at an FAA Flight Standards District Office or an 
International Field Office that the applicant still meets the 
requirements of Sec.  65.91(c) (1) through (4) and must show that, 
during the current period that the applicant held the inspection 
authorization, the applicant--
    (1) Has performed at least one annual inspection for each 90 days 
that the applicant held the current authority; or
    (2) Has performed inspections of at least two major repairs or major 
alterations for each 90 days that the applicant held the current 
authority; or
    (3) Has performed or supervised and approved at least one 
progressive inspection in accordance with standards prescribed by the 
Administrator; or
    (4) Has attended and successfully completed a refresher course, 
acceptable to the Administrator, of not less than 8 hours of instruction 
during the 12-month period preceding the application for renewal; or
    (5) Has passed on oral test by an FAA inspector to determine that 
the applicant's knowledge of applicable regulations and standards is 
current.
    (b) The holder of an inspection authorization that has been in 
effect for less than 90 days before the expiration date need not comply 
with paragraphs (a) (1) through (5) of this section.

[Doc. No. 18241, 45 FR 46738, July 10, 1980, as amended by Amdt. 65-35, 
54 FR 39292, Sept. 25, 1989]



Sec.  65.95  Inspection authorization: Privileges and limitations.

    (a) The holder of an inspection authorization may--
    (1) Inspect and approve for return to service any aircraft or 
related part or appliance (except any aircraft maintained in accordance 
with a continuous airworthiness program under part 121 of this chapter) 
after a major repair or major alteration to it in accordance with part 
43 [New] of this chapter, if the work was done in accordance with 
technical data approved by the Administrator; and
    (2) Perform an annual, or perform or supervise a progressive 
inspection according to Sec. Sec.  43.13 and 43.15 of this chapter.
    (b) When he exercises the privileges of an inspection authorization 
the holder shall keep it available for inspection by the aircraft owner, 
the mechanic submitting the aircraft, repair, or alteration for approval 
(if any), and shall present it upon the request of the Administrator or 
an authorized representative of the National Transportation Safety 
Board, or of any Federal, State, or local law enforcement officer.
    (c) If the holder of an inspection authorization changes his fixed 
base of operation, he may not exercise the privileges of the 
authorization until he has notified the FAA Flight Standards District 
Office or International Field Office for the area in which the new base 
is located, in writing, of the change.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 
FR 5451, Apr. 23, 1964; Amdt. 65-4, 30 FR 3638, Mar. 14, 1965; Amdt. 65-
5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 
FR 5769, Apr. 11, 1967; Amdt. 65-35, 54 FR 39292, Sept. 25, 1989; Amdt. 
65-41, 66 FR 21066, Apr. 27, 2001]



                           Subpart E_Repairmen



Sec.  65.101  Eligibility requirements: General.

    (a) To be eligible for a repairman certificate a person must--
    (1) Be at least 18 years of age;
    (2) Be specially qualified to perform maintenance on aircraft or 
components thereof, appropriate to the job for which he is employed;
    (3) Be employed for a specific job requiring those special 
qualifications by a certificated repair station, or by a certificated 
commercial operator or certificated air carrier, that is required by its 
operating certificate or approved operations specifications to provide a 
continuous airworthiness maintenance program according to its 
maintenance manuals;
    (4) Be recommended for certification by his employer, to the 
satisfaction of the Administrator, as able to satisfactorily maintain 
aircraft or components, appropriate to the job for which he is employed;

[[Page 132]]

    (5) Have either--
    (i) At least 18 months of practical experience in the procedures, 
practices, inspection methods, materials, tools, machine tools, and 
equipment generally used in the maintenance duties of the specific job 
for which the person is to be employed and certificated; or
    (ii) Completed formal training that is acceptable to the 
Administrator and is specifically designed to qualify the applicant for 
the job on which the applicant is to be employed; and
    (6) Be able to read, write, speak, and understand the English 
language, or, in the case of an applicant who does not meet this 
requirement and who is employed outside the United States by a 
certificated repair station, a certificated U.S. commercial operator, or 
a certificated U.S. air carrier, described in paragraph (c) of this 
section, have his certificate endorsed ``Valid only outside the United 
States.''
    (b) This section does not apply to the issuance of repairman 
certificates (experimental aircraft builder) under Sec.  65.104.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-11, 32 
FR 13506, Sept. 27, 1967; Amdt. 65-24, 44 FR 46781, Aug. 9, 1979; Amdt. 
65-27, 47 FR 13316, Mar. 29, 1982]



Sec.  65.103  Repairman certificate: Privileges and limitations.

    (a) A certificated repairman may perform or supervise the 
maintenance, preventive maintenance, or alteration of aircraft or 
aircraft components appropriate to the job for which the repairman was 
employed and certificated, but only in connection with duties for the 
certificate holder by whom the repairman was employed and recommended.
    (b) A certificated repairman may not perform or supervise duties 
under the repairman certificate unless the repairman understands the 
current instructions of the certificate holder by whom the repairman is 
employed and the manufacturer's instructions for continued airworthiness 
relating to the specific operations concerned.

[Doc. No. 18241, 45 FR 46738, July 10, 1980]



Sec.  65.104  Repairman certificate--experimental aircraft 
builder--Eligibility, privileges and limitations.

    (a) To be eligible for a repairman certificate (experimental 
aircraft builder), an individual must--
    (1) Be at least 18 years of age;
    (2) Be the primary builder of the aircraft to which the privileges 
of the certificate are applicable;
    (3) Show to the satisfaction of the Administrator that the 
individual has the requisite skill to determine whether the aircraft is 
in a condition for safe operations; and
    (4) Be a citizen of the United States or an individual citizen of a 
foreign country who has lawfully been admitted for permanent residence 
in the United States.
    (b) The holder of a repairman certificate (experimental aircraft 
builder) may perform condition inspections on the aircraft constructed 
by the holder in accordace with the operating limitations of that 
aircraft.
    (c) Section 65.103 does not apply to the holder of a repairman 
certificate (experimental aircraft builder) while performing under that 
certificate.

[Doc. No. 18739, 44 FR 46781, Aug. 9, 1979]



Sec.  65.105  Display of certificate.

    Each person who holds a repairman certificate shall keep it within 
the immediate area where he normally exercises the privileges of the 
certificate and shall present it for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



                       Subpart F_Parachute Riggers



Sec.  65.111  Certificate required.

    (a) No person may pack, maintain, or alter any personnel-carrying 
parachute intended for emergency use in connection with civil aircraft 
of the United States (including the reserve parachute of a dual 
parachute system to be used for intentional parachute jumping) unless 
that person holds an appropriate

[[Page 133]]

current certificate and type rating issued under this subpart and 
complies with Sec. Sec.  65.127 through 65.133.
    (b) No person may pack, maintain, or alter any main parachute of a 
dual-parachute system to be used for intentional parachute jumping in 
connection with civil aircraft of the United States unless that person--
    (1) Has an appropriate current certificate issued under this 
subpart;
    (2) Is under the supervision of a current certificated parachute 
rigger;
    (3) Is the person making the next parachute jump with that parachute 
in accordance with Sec.  105.43(a) of this chapter; or
    (4) Is the parachutist in command making the next parachute jump 
with that parachute in a tandem parachute operation conducted under 
Sec.  105.45(b)(1) of this chapter.
    (c) Each person who holds a parachute rigger certificate shall 
present it for inspection upon the request of the Administrator or an 
authorized representative of the National Transportation Safety Board, 
or of any Federal, State, or local law enforcement officer.
    (d) The following parachute rigger certificates are issued under 
this part:
    (1) Senior parachute rigger.
    (2) Master parachute rigger.
    (e) Sections 65.127 through 65.133 do not apply to parachutes 
packed, maintained, or altered for the use of the armed forces.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 
FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967; Amdt. 65-42, 66 FR 
23553, May 9, 2001]



Sec.  65.113  Eligibility requirements: General.

    (a) To be eligible for a parachute rigger certificate, a person 
must--
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language, or, in the case of a citizen of Puerto Rico, or a person who 
is employed outside of the United States by a U.S. air carrier, and who 
does not meet this requirement, be issued a certificate that is valid 
only in Puerto Rico or while he is employed outside of the United States 
by that air carrier, as the case may be; and
    (3) Comply with the sections of this subpart that apply to the 
certificate and type rating he seeks.
    (b) Except for a master parachute rigger certificate, a parachute 
rigger certificate that was issued before, and was valid on, October 31, 
1962, is equal to a senior parachute rigger certificate, and may be 
exchanged for such a corresponding certificate.



Sec.  65.115  Senior parachute rigger certificate: Experience, 
knowledge, and skill requirements.

    Except as provided in Sec.  65.117, an applicant for a senior 
parachute rigger certificate must--
    (a) Present evidence satisfactory to the Administrator that he has 
packed at least 20 parachutes of each type for which he seeks a rating, 
in accordance with the manufacturer's instructions and under the 
supervision of a certificated parachute rigger holding a rating for that 
type or a person holding an appropriate military rating;
    (b) Pass a written test, with respect to parachutes in common use, 
on--
    (1) Their construction, packing, and maintenance;
    (2) The manufacturer's instructions;
    (3) The regulations of this subpart; and
    (c) Pass an oral and practical test showing his ability to pack and 
maintain at least one type of parachute in common use, appropriate to 
the type rating he seeks.

[Doc. No. 10468, 37 FR 13251, July 6, 1972]



Sec.  65.117  Military riggers or former military riggers: Special 
certification rule.

    In place of the procedure in Sec.  65.115, an applicant for a senior 
parachute rigger certificate is entitled to it if he passes a written 
test on the regulations of this subpart and presents satisfactory 
documentary evidence that he--
    (a) Is a member or civilian employee of an Armed Force of the United 
States, is a civilian employee of a regular armed force of a foreign 
country, or has, within the 12 months before he applies, been honorably 
discharged or released from any status covered by this paragraph;
    (b) Is serving, or has served within the 12 months before he 
applies, as a

[[Page 134]]

parachute rigger for such an Armed Force; and
    (c) Has the experience required by Sec.  65.115(a).



Sec.  65.119  Master parachute rigger certificate: Experience, knowledge, 
and skill requirements.

    An applicant for a master parachute rigger certificate must meet the 
following requirements:
    (a) Present evidence satisfactory to the Administrator that he has 
had at least 3 years of experience as a parachute rigger and has 
satisfactorily packed at least 100 parachutes of each of two types in 
common use, in accordance with the manufacturer's instructions--
    (1) While a certificated and appropriately rated senior parachute 
rigger; or
    (2) While under the supervision of a certificated and appropriately 
rated parachute rigger or a person holding appropriate military ratings.

An applicant may combine experience specified in paragraphs (a) (1) and 
(2) of this section to meet the requirements of this paragraph.
    (b) If the applicant is not the holder of a senior parachute rigger 
certificate, pass a written test, with respect to parachutes in common 
use, on--
    (1) Their construction, packing, and maintenance;
    (2) The manufacturer's instructions; and
    (3) The regulations of this subpart.
    (c) Pass an oral and practical test showing his ability to pack and 
maintain two types of parachutes in common use, appropriate to the type 
ratings he seeks.

[Doc. No. 10468, 37 FR 13252, July 6, 1972]



Sec.  65.121  Type ratings.

    (a) The following type ratings are issued under this subpart:
    (1) Seat.
    (2) Back.
    (3) Chest.
    (4) Lap.
    (b) The holder of a senior parachute rigger certificate who 
qualifies for a master parachute rigger certificate is entitled to have 
placed on his master parachute rigger certificate the ratings that were 
on his senior parachute rigger certificate.



Sec.  65.123  Additional type ratings: Requirements.

    A certificated parachute rigger who applies for an additional type 
rating must--
    (a) Present evidence satisfactory to the Administrator that he has 
packed at least 20 parachutes of the type for which he seeks a rating, 
in accordance with the manufacturer's instructions and under the 
supervision of a certificated parachute rigger holding a rating for that 
type or a person holding an appropriate military rating; and
    (b) Pass a practical test, to the satisfaction of the Administrator, 
showing his ability to pack and maintain the type of parachute for which 
he seeks a rating.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 
FR 13251, July 6, 1972]



Sec.  65.125  Certificates: Privileges.

    (a) A certificated senior parachute rigger may--
    (1) Pack or maintain (except for major repair) any type of parachute 
for which he is rated; and
    (2) Supervise other persons in packing any type of parachute for 
which that person is rated in accordance with Sec.  105.43(a) or Sec.  
105.45(b)(1) of this chapter.
    (b) A certificated master parachute rigger may--
    (1) Pack, maintain, or alter any type of parachute for which he is 
rated; and
    (2) Supervise other persons in packing, maintaining, or altering any 
type of parachute for which the certificated parachute rigger is rated 
in accordance with Sec.  105.43(a) or Sec.  105.45(b)(1) of this 
chapter.
    (c) A certificated parachute rigger need not comply with Sec. Sec.  
65.127 through 65.133 (relating to facilities, equipment, performance 
standards, records, recent experience, and seal) in packing, 
maintaining, or altering (if authorized) the main parachute of a dual 
parachute pack to be used for intentional jumping.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 
FR 13252, July 6, 1972; Amdt. 65-42, 66 FR 23553, May 9, 2001]

[[Page 135]]



Sec.  65.127  Facilities and equipment.

    No certificated parachute rigger may exercise the privileges of his 
certificate unless he has at least the following facilities and 
equipment available to him:
    (a) A smooth top table at least three feet wide by 40 feet long.
    (b) Suitable housing that is adequately heated, lighted, and 
ventilated for drying and airing parachutes.
    (c) Enough packing tools and other equipment to pack and maintain 
the types of parachutes that he services.
    (d) Adequate housing facilities to perform his duties and to protect 
his tools and equipment.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-27, 47 
FR 13316, Mar. 29, 1982]



Sec.  65.129  Performance standards.

    No certificated parachute rigger may--
    (a) Pack, maintain, or alter any parachute unless he is rated for 
that type;
    (b) Pack a parachute that is not safe for emergency use;
    (c) Pack a parachute that has not been thoroughly dried and aired;
    (d) Alter a parachute in a manner that is not specifically 
authorized by the Administrator or the manufacturer;
    (e) Pack, maintain, or alter a parachute in any manner that deviates 
from procedures approved by the Administrator or the manufacturer of the 
parachute; or
    (f) Exercise the privileges of his certificate and type rating 
unless he understands the current manufacturer's instructions for the 
operation involved and has--
    (1) Performed duties under his certificate for at least 90 days 
within the preceding 12 months; or
    (2) Shown the Administrator that he is able to perform those duties.



Sec.  65.131  Records.

    (a) Each certificated parachute rigger shall keep a record of the 
packing, maintenance, and alteration of parachutes performed or 
supervised by him. He shall keep in that record, with respect to each 
parachute worked on, a statement of--
    (1) Its type and make;
    (2) Its serial number;
    (3) The name and address of its owner;
    (4) The kind and extent of the work performed;
    (5) The date when and place where the work was performed; and
    (6) The results of any drop tests made with it.
    (b) Each person who makes a record under paragraph (a) of this 
section shall keep it for at least 2 years after the date it is made.
    (c) Each certificated parachute rigger who packs a parachute shall 
write, on the parachute packing record attached to the parachute, the 
date and place of the packing and a notation of any defects he finds on 
inspection. He shall sign that record with his name and the number of 
his certificate.



Sec.  65.133  Seal.

    Each certificated parachute rigger must have a seal with an 
identifying mark prescribed by the Administrator, and a seal press. 
After packing a parachute he shall seal the pack with his seal in 
accordance with the manufacturer's recommendation for that type of 
parachute.

           Appendix A to Part 65--Aircraft Dispatcher Courses

                                Overview

    This appendix sets forth the areas of knowledge necessary to perform 
dispatcher functions. The items listed below indicate the minimum set of 
topics that must be covered in a training course for aircraft dispatcher 
certification. The order of coverage is at the discretion of the 
approved school. For the latest technological advancements refer to the 
Practical Test Standards as published by the FAA.
I. Regulations
    A. Subpart C of this part;
    B. Parts 1, 25, 61, 71, 91, 121, 139, and 175, of this chapter;
    C. 49 CFR part 830;
    D. General Operating Manual.
II. Meteorology
    A. Basic Weather Studies
    (1) The earth's motion and its effects on weather.
    (2) Analysis of the following regional weather types, 
characteristics, and structures, or combinations thereof:
    (a) Maritime.
    (b) Continental.

[[Page 136]]

    (c) Polar.
    (d) Tropical.
    (3) Analysis of the following local weather types, characteristics, 
and structures or combinations thereof:
    (a) Coastal.
    (b) Mountainous.
    (c) Island.
    (d) Plains.
    (4) The following characteristics of the atmosphere:
    (a) Layers.
    (b) Composition.
    (c) Global Wind Patterns.
    (d) Ozone.
    (5) Pressure:
    (a) Units of Measure.
    (b) Weather Systems Characteristics.
    (c) Temperature Effects on Pressure.
    (d) Altimeters.
    (e) Pressure Gradient Force.
    (f) Pressure Pattern Flying Weather.
    (6) Wind:
    (a) Major Wind Systems and Coriolis Force.
    (b) Jetstreams and their Characteristics.
    (c) Local Wind and Related Terms.
    (7) States of Matter:
    (a) Solids, Liquid, and Gases.
    (b) Causes of change of state.
    (8) Clouds:
    (a) Composition, Formation, and Dissipation.
    (b) Types and Associated Precipitation.
    (c) Use of Cloud Knowledge in Forecasting.
    (9) Fog:
    (a) Causes, Formation, and Dissipation.
    (b) Types.
    (10) Ice:
    (a) Causes, Formation, and Dissipation.
    (b) Types.
    (11) Stability/Instability:
    (a) Temperature Lapse Rate, Convection.
    (b) Adiabatic Processes.
    (c) Lifting Processes.
    (d) Divergence.
    (e) Convergence.
    (12) Turbulence:
    (a) Jetstream Associated.
    (b) Pressure Pattern Recognition.
    (c) Low Level Windshear.
    (d) Mountain Waves.
    (e) Thunderstorms.
    (f) Clear Air Turbulence.
    (13) Airmasses:
    (a) Classification and Characteristics.
    (b) Source Regions.
    (c) Use of Airmass Knowledge in Forecasting.
    (14) Fronts:
    (a) Structure and Characteristics, Both Vertical and Horizontal.
    (b) Frontal Types.
    (c) Frontal Weather Flying.
    (15) Theory of Storm Systems:
    (a) Thunderstorms.
    (b) Tornadoes.
    (c) Hurricanes and Typhoons.
    (d) Microbursts.
    (e) Causes, Formation, and Dissipation.
    B. Weather, Analysis, and Forecasts
    (1) Observations:
    (a) Surface Observations.
    (i) Observations made by certified weather observer.
    (ii) Automated Weather Observations.
    (b) Terminal Forecasts.
    (c) Significant En route Reports and Forecasts.
    (i) Pilot Reports.
    (ii) Area Forecasts.
    (iii) Sigmets, Airmets.
    (iv) Center Weather Advisories.
    (d) Weather Imagery.
    (i) Surface Analysis.
    (ii) Weather Depiction.
    (iii) Significant Weather Prognosis.
    (iv) Winds and Temperature Aloft.
    (v) Tropopause Chart.
    (vi) Composite Moisture Stability Chart.
    (vii) Surface Weather Prognostic Chart.
    (viii) Radar Meteorology.
    (ix) Satellite Meteorology.
    (x) Other charts as applicable.
    (e) Meteorological Information Data Collection Systems.
    (2) Data Collection, Analysis, and Forecast Facilities.
    (3) Service Outlets Providing Aviation Weather Products.
    C. Weather Related Aircraft Hazards
    (1) Crosswinds and Gusts.
    (2) Contaminated Runways.
    (3) Restrictions to Surface Visibility.
    (4) Turbulence and Windshear.
    (5) Icing.
    (6) Thunderstorms and Microburst.
    (7) Volcanic Ash.
III. Navigation
    A. Study of the Earth
    (1) Time reference and location (0 Longitude, UTC).
    (2) Definitions.
    (3) Projections.
    (4) Charts.
    B. Chart Reading, Application, and Use.
    C. National Airspace Plan.
    D. Navigation Systems.
    E. Airborne Navigation Instruments.
    F. Instrument Approach Procedures.
    (1) Transition Procedures.
    (2) Precision Approach Procedures.
    (3) Non-precision Approach Procedures.
    (4) Minimums and the relationship to weather.
    G. Special Navigation and Operations.
    (1) North Atlantic.
    (2) Pacific.
    (3) Global Differences.
IV. AIRCRAFT
    A. Aircraft Flight Manual.
    B. Systems Overview.
    (1) Flight controls.
    (2) Hydraulics.

[[Page 137]]

    (3) Electrical.
    (4) Air Conditioning and Pressurization.
    (5) Ice and Rain protection.
    (6) Avionics, Communication, and Navigation.
    (7) Powerplants and Auxiliary Power Units.
    (8) Emergency and Abnormal Procedures.
    (9) Fuel Systems and Sources.
    C. Minimum Equipment List/Configuration Deviation List (MEL/CDL) and 
Applications.
    D. Performance.
    (1) Aircraft in general.
    (2) Principles of flight:
    (a) Group one aircraft.
    (b) Group two aircraft.
    (3) Aircraft Limitations.
    (4) Weight and Balance.
    (5) Flight instrument errors.
    (6) Aircraft performance:
    (a) Take-off performance.
    (b) En route performance.
    (c) Landing performance.
V. Communications
    A. Regulatory requirements.
    B. Communication Protocol.
    C. Voice and Data Communications.
    D. Notice to Airmen (NOTAMS).
    E. Aeronautical Publications.
    F. Abnormal Procedures.
VI. Air Traffic Control
    A. Responsibilities.
    B. Facilities and Equipment.
    C. Airspace classification and route structure.
    D. Flight Plans.
    (1) Domestic.
    (2) International.
    E. Separation Minimums.
    F. Priority Handling.
    G. Holding Procedures.
    H. Traffic Management.
VII. Emergency and Abnormal Procedures
    A. Security measures on the ground.
    B. Security measures in the air.
    C. FAA responsibility and services.
    D. Collection and dissemination of information on overdue or missing 
aircraft.
    E. Means of declaring an emergency.
    F. Responsibility for declaring an emergency.
    G. Required reporting of an emergency.
    H. NTSB reporting requirements.
VIII. Practical Dispatch Applications
    A. Human Factors.
    (1) Decisionmaking:
    (a) Situation Assessment.
    (b) Generation and Evaluation of Alternatives.
    (i) Tradeoffs and Prioritization.
    (ii) Contingency Planning.
    (c) Support Tools and Technologies.
    (2) Human Error:
    (a) Causes.
    (i) Individual and Organizational Factors.
    (ii) Technology-Induced Error.
    (b) Prevention.
    (c) Detection and Recovery.
    (3) Teamwork:
    (a) Communication and Information Exchange.
    (b) Cooperative and Distributed Problem-Solving.
    (c) Resource Management.
    (i) Air Traffic Control (ATC) activities and workload.
    (ii) Flightcrew activities and workload.
    (iii) Maintenance activities and workload.
    (iv) Operations Control Staff activities and workload.
    B. Applied Dispatching.
    (1) Briefing techniques, Dispatcher, Pilot.
    (2) Preflight:
    (a) Safety.
    (b) Weather Analysis.
    (i) Satellite imagery.
    (ii) Upper and lower altitude charts.
    (iii) Significant en route reports and forecasts.
    (iv) Surface charts.
    (v) Surface observations.
    (vi) Terminal forecasts and orientation to Enhanced Weather 
Information System (EWINS).
    (c) NOTAMS and airport conditions.
    (d) Crew.
    (i) Qualifications.
    (ii) Limitations.
    (e) Aircraft.
    (i) Systems.
    (ii) Navigation instruments and avionics systems.
    (iii) Flight instruments.
    (iv) Operations manuals and MEL/CDL.
    (v) Performance and limitations.
    (f) Flight Planning.
    (i) Route of flight.
    1. Standard Instrument Departures and Standard Terminal Arrival 
Routes.
    2. En route charts.
    3. Operational altitude.
    4. Departure and arrival charts.
    (ii) Minimum departure fuel.
    1. Climb.
    2. Cruise.
    3. Descent.
    (g) Weight and balance.
    (h) Economics of flight overview (Performance, Fuel Tankering).
    (i) Decision to operate the flight.
    (j) ATC flight plan filing.
    (k) Flight documentation.
    (i) Flight plan.
    (ii) Dispatch release.
    (3) Authorize flight departure with concurrence of pilot in command.
    (4) In-flight operational control:
    (a) Current situational awareness.
    (b) Information exchange.
    (c) Amend original flight release as required.
    (5) Post-Flight:
    (a) Arrival verification.

[[Page 138]]

    (b) Weather debrief.
    (c) Flight irregularity reports as required.

[Doc. No. FAA-1998-4553, 64 FR 68925, Dec. 8, 1999]



PART 67_MEDICAL STANDARDS AND CERTIFICATION--Table of Contents




                            Subpart A_General

Sec.
67.1 Applicability.
67.3 Issue.
67.7 Access to the National Driver Register.

            Subpart B_First-Class Airman Medical Certificate

67.101 Eligibility.
67.103 Eye.
67.105 Ear, nose, throat, and equilibrium.
67.107 Mental.
67.109 Neurologic.
67.111 Cardiovascular.
67.113 General medical condition.
67.115 Discretionary issuance.

            Subpart C_Second-Class Airman Medical Certificate

67.201 Eligibility.
67.203 Eye.
67.205 Ear, nose, throat, and equilibrium.
67.207 Mental.
67.209 Neurologic.
67.211 Cardiovascular.
67.213 General medical condition.
67.215 Discretionary issuance.

            Subpart D_Third-Class Airman Medical Certificate

67.301 Eligibility.
67.303 Eye.
67.305 Ear, nose, throat, and equilibrium.
67.307 Mental.
67.309 Neurologic.
67.311 Cardiovascular.
67.313 General medical condition.
67.315 Discretionary issuance.

                   Subpart E_Certification Procedures

67.401 Special issuance of medical certificates.
67.403 Applications, certificates, logbooks, reports, and records: 
          Falsification, reproduction, or alteration; incorrect 
          statements.
67.405 Medical examinations: Who may give.
67.407 Delegation of authority.
67.409 Denial of medical certificate.
67.411 Medical certificates by flight surgeons of Armed Forces.
67.413 Medical records.
67.415 Return of medical certificate after suspension or revocation.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45303.

    Source: Docket No. 27940, 61 FR 11256, Mar. 19, 1996, unless 
otherwise noted.



                            Subpart A_General



Sec.  67.1  Applicability.

    This part prescribes the medical standards and certification 
procedures for issuing medical certificates for airmen and for remaining 
eligible for a medical certificate.



Sec.  67.3  Issue.

    Except as provided in Sec.  67.5, a person who meets the medical 
standards prescribed in this part, based on medical examination and 
evaluation of the person's history and condition, is entitled to an 
appropriate medical certificate.



Sec.  67.7  Access to the National Driver Register.

    At the time of application for a certificate issued under this part, 
each person who applies for a medical certificate shall execute an 
express consent form authorizing the Administrator to request the chief 
driver licensing official of any state designated by the Administrator 
to transmit information contained in the National Driver Register about 
the person to the Administrator. The Administrator shall make 
information received from the National Driver Register, if any, 
available on request to the person for review and written comment.



            Subpart B_First-Class Airman Medical Certificate



Sec.  67.101  Eligibility.

    To be eligible for a first-class airman medical certificate, and to 
remain eligible for a first-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec.  67.103  Eye.

    Eye standards for a first-class airman medical certificate are:
    (a) Distant visual acuity of 20/20 or better in each eye separately, 
with or

[[Page 139]]

without corrective lenses. If corrective lenses (spectacles or contact 
lenses) are necessary for 20/20 vision, the person may be eligible only 
on the condition that corrective lenses are worn while exercising the 
privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses. If age 50 or 
older, near vision of 20/40 or better, Snellen equivalent, at both 16 
inches and 32 inches in each eye separately, with or without corrective 
lenses.
    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) Normal fields of vision.
    (e) No acute or chronic pathological condition of either eye or 
adnexa that interferes with the proper function of an eye, that may 
reasonably be expected to progress to that degree, or that may 
reasonably be expected to be aggravated by flying.
    (f) Bifoveal fixation and vergence-phoria relationship sufficient to 
prevent a break in fusion under conditions that may reasonably be 
expected to occur in performing airman duties. Tests for the factors 
named in this paragraph are not required except for persons found to 
have more than 1 prism diopter of hyperphoria, 6 prism diopters of 
esophoria, or 6 prism diopters of exophoria. If any of these values are 
exceeded, the Federal Air Surgeon may require the person to be examined 
by a qualified eye specialist to determine if there is bifoveal fixation 
and an adequate vergence-phoria relationship. However, if otherwise 
eligible, the person is issued a medical certificate pending the results 
of the examination.



Sec.  67.105  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a first-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969 (11 West 42d Street, New York, NY 
10036):

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with, or may reasonably be expected to interfere 
with, clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec.  67.107  Mental.

    Mental standards for a first-class airman medical certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which:
    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.

[[Page 140]]

    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: Alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis; 
inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco or ordinary xanthine-
containing (e.g., caffeine) beverages, as evidenced by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.
    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result acquired under an anti-drug 
program or internal program of the U.S. Department of Transportation or 
any other Administration within the U.S. Department of Transportation; 
or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.109  Neurologic.

    Neurologic standards for a first-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause.
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.111  Cardiovascular.

    Cardiovascular standards for a first-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Myocardial infarction;
    (2) Angina pectoris;

[[Page 141]]

    (3) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (4) Cardiac valve replacement;
    (5) Permanent cardiac pacemaker implantation; or
    (6) Heart replacement;
    (b) A person applying for first-class medical certification must 
demonstrate an absence of myocardial infarction and other clinically 
significant abnormality on electrocardiographic examination:
    (1) At the first application after reaching the 35th birthday; and
    (2) On an annual basis after reaching the 40th birthday.
    (c) An electrocardiogram will satisfy a requirement of paragraph (b) 
of this section if it is dated no earlier than 60 days before the date 
of the application it is to accompany and was performed and transmitted 
according to acceptable standards and techniques.



Sec.  67.113  General medical condition.

    The general medical standards for a first-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.115  Discretionary issuance.

    A person who does not meet the provisions of Sec. Sec.  67.103 
through 67.113 may apply for the discretionary issuance of a certificate 
under Sec.  67.401.



            Subpart C_Second-Class Airman Medical Certificate



Sec.  67.201  Eligibility.

    To be eligible for a second-class airman medical certificate, and to 
remain eligible for a second-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec.  67.203  Eye.

    Eye standards for a second-class airman medical certificate are:
    (a) Distant visual acuity of 20/20 or better in each eye separately, 
with or without corrective lenses. If corrective lenses (spectacles or 
contact lenses) are necessary for 20/20 vision, the person may be 
eligible only on the condition that corrective lenses are worn while 
exercising the privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses. If age 50 or 
older, near vision of 20/40 or better, Snellen equivalent, at both 16 
inches and 32 inches in each eye separately, with or without corrective 
lenses.
    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) Normal fields of vision.
    (e) No acute or chronic pathological condition of either eye or 
adnexa thatinterferes with the proper function of an eye, that may 
reasonably be expected to progress to that degree, or that may 
reasonably be expected to be aggravated by flying.
    (f) Bifoveal fixation and vergence-phoria relationship sufficient to 
prevent a break in fusion under conditions

[[Page 142]]

that may reasonably be expected to occur in performing airman duties. 
Tests for the factors named in this paragraph are not required except 
for persons found to have more than 1 prism diopter of hyperphoria, 6 
prism diopters of esophoria, or 6 prism diopters of exophoria. If any of 
these values are exceeded, the Federal Air Surgeon may require the 
person to be examined by a qualified eye specialist to determine if 
there is bifoveal fixation and an adequate vergence-phoria relationship. 
However, if otherwise eligible, the person is issued a medical 
certificate pending the results of the examination.



Sec.  67.205  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a second-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969:

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with, or may reasonably be expected to interfere 
with, clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec.  67.207  Mental.

    Mental standards for a second-class airman medical certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which:
    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.
    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: Alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis; 
inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco or ordinary xanthine-
containing (e.g., caffeine) beverages, as evidenced by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.

[[Page 143]]

    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result acquired under an anti-drug 
program or internal program of the U.S. Department of Transportation or 
any other Administration within the U.S. Department of Transportation; 
or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.209  Neurologic.

    Neurologic standards for a second-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause;
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.211  Cardiovascular.

    Cardiovascular standards for a second-class medical certificate are 
no established medical history or clinical diagnosis of any of the 
following:
    (a) Myocardial infarction;
    (b) Angina pectoris;
    (c) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (d) Cardiac valve replacement;
    (e) Permanent cardiac pacemaker implantation; or
    (f) Heart replacement.



Sec.  67.213  General medical condition.

    The general medical standards for a second-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform

[[Page 144]]

those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.215  Discretionary issuance.

    A person who does not meet the provisions of Sec. Sec.  67.203 
through 67.213 may apply for the discretionary issuance of a certificate 
under Sec.  67.401.



            Subpart D_Third-Class Airman Medical Certificate



Sec.  67.301  Eligibility.

    To be eligible for a third-class airman medical certificate, or to 
remain eligible for a third-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec.  67.303  Eye.

    Eye standards for a third-class airman medical certificate are:
    (a) Distant visual acuity of 20/40 or better in each eye separately, 
with or without corrective lenses. If corrective lenses (spectacles or 
contact lenses) are necessary for 20/40 vision, the person may be 
eligible only on the condition that corrective lenses are worn while 
exercising the privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses.
    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) No acute or chronic pathological condition of either eye or 
adnexa that interferes with the proper function of an eye, that may 
reasonably be expected to progress to that degree, or that may 
reasonably be expected to be aggravated by flying.



Sec.  67.305  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a third-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969:

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec.  67.307  Mental.

    Mental standards for a third-class airman medical certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which--

[[Page 145]]

    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.
    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis; 
inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco or ordinary xanthine-
containing (e.g., caffeine) beverages, as evidenced by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.
    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result conducted under an anti-
drug rule or internal program of the U.S. Department of Transportation 
or any other Administration within the U.S. Department of 
Transportation; or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.309  Neurologic.

    Neurologic standards for a third-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause.
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform

[[Page 146]]

those duties or exercise those privileges.



Sec.  67.311  Cardiovascular.

    Cardiovascular standards for a third-class airman medical 
certificate are no established medical history or clinical diagnosis of 
any of the following:
    (a) Myocardial infarction;
    (b) Angina pectoris;
    (c) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (d) Cardiac valve replacement;
    (e) Permanent cardiac pacemaker implantation; or
    (f) Heart replacement.



Sec.  67.313  General medical condition.

    The general medical standards for a third-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec.  67.315  Discretionary issuance.

    A person who does not meet the provisions of Sec. Sec.  67.303 
through 67.313 may apply for the discretionary issuance of a certificate 
under Sec.  67.401.



                   Subpart E_Certification Procedures



Sec.  67.401  Special issuance of medical certificates.

    (a) At the discretion of the Federal Air Surgeon, an Authorization 
for Special Issuance of a Medical Certificate (Authorization), valid for 
a specified period, may be granted to a person who does not meet the 
provisions of subparts B, C, or D of this part if the person shows to 
the satisfaction of the Federal Air Surgeon that the duties authorized 
by the class of medical certificate applied for can be performed without 
endangering public safety during the period in which the Authorization 
would be in force. The Federal Air Surgeon may authorize a special 
medical flight test, practical test, or medical evaluation for this 
purpose. A medical certificate of the appropriate class may be issued to 
a person who does not meet the provisions of subparts B, C, or D of this 
part if that person possesses a valid Authorization and is otherwise 
eligible. An airman medical certificate issued in accordance with this 
section shall expire no later than the end of the validity period or 
upon the withdrawal of the Authorization upon which it is based. At the 
end of its specified validity period, for grant of a new Authorization, 
the person must again show to the satisfaction of the Federal Air 
Surgeon that the duties authorized by the class of medical certificate 
applied for can be performed without endangering public safety during 
the period in which the Authorization would be in force.
    (b) At the discretion of the Federal Air Surgeon, a Statement of 
Demonstrated Ability (SODA) may be granted, instead of an Authorization, 
to a person whose disqualifying condition is static or nonprogressive 
and who has been found capable of performing airman duties without 
endangering public safety. A SODA does not expire and authorizes a 
designated

[[Page 147]]

aviation medical examiner to issue a medical certificate of a specified 
class if the examiner finds that the condition described on its face has 
not adversely changed.
    (c) In granting an Authorization or SODA, the Federal Air Surgeon 
may consider the person's operational experience and any medical facts 
that may affect the ability of the person to perform airman duties 
including--
    (1) The combined effect on the person of failure to meet more than 
one requirement of this part; and
    (2) The prognosis derived from professional consideration of all 
available information regarding the person.
    (d) In granting an Authorization or SODA under this section, the 
Federal Air Surgeon specifies the class of medical certificate 
authorized to be issued and may do any or all of the following:
    (1) Limit the duration of an Authorization;
    (2) Condition the granting of a new Authorization on the results of 
subsequent medical tests, examinations, or evaluations;
    (3) State on the Authorization or SODA, and any medical certificate 
based upon it, any operational limitation needed for safety; or
    (4) Condition the continued effect of an Authorization or SODA, and 
any second- or third-class medical certificate based upon it, on 
compliance with a statement of functional limitations issued to the 
person in coordination with the Director of Flight Standards or the 
Director's designee.
    (e) In determining whether an Authorization or SODA should be 
granted to an applicant for a third-class medical certificate, the 
Federal Air Surgeon considers the freedom of an airman, exercising the 
privileges of a private pilot certificate, to accept reasonable risks to 
his or her person and property that are not acceptable in the exercise 
of commercial or airline transport pilot privileges, and, at the same 
time, considers the need to protect the safety of persons and property 
in other aircraft and on the ground.
    (f) An Authorization or SODA granted under the provisions of this 
section to a person who does not meet the applicable provisions of 
subparts B, C, or D of this part may be withdrawn, at the discretion of 
the Federal Air Surgeon, at any time if--
    (1) There is adverse change in the holder's medical condition;
    (2) The holder fails to comply with a statement of functional 
limitations or operational limitations issued as a condition of 
certification under this section;
    (3) Public safety would be endangered by the holder's exercise of 
airman privileges;
    (4) The holder fails to provide medical information reasonably 
needed by the Federal Air Surgeon for certification under this section; 
or
    (5) The holder makes or causes to be made a statement or entry that 
is the basis for withdrawal of an Authorization or SODA under Sec.  
67.403.
    (g) A person who has been granted an Authorization or SODA under 
this section based on a special medical flight or practical test need 
not take the test again during later physical examinations unless the 
Federal Air Surgeon determines or has reason to believe that the 
physical deficiency has or may have degraded to a degree to require 
another special medical flight test or practical test.
    (h) The authority of the Federal Air Surgeon under this section is 
also exercised by the Manager, Aeromedical Certification Division, and 
each Regional Flight Surgeon.
    (i) If an Authorization or SODA is withdrawn under paragraph (f) of 
this section the following procedures apply:
    (1) The holder of the Authorization or SODA will be served a letter 
of withdrawal, stating the reason for the action;
    (2) By not later than 60 days after the service of the letter of 
withdrawal, the holder of the Authorization or SODA may request, in 
writing, that the Federal Air Surgeon provide for review of the decision 
to withdraw. The request for review may be accompanied by supporting 
medical evidence;
    (3) Within 60 days of receipt of a request for review, a written 
final decision either affirming or reversing the decision to withdraw 
will be issued; and

[[Page 148]]

    (4) A medical certificate rendered invalid pursuant to a withdrawal, 
in accordance with paragraph (a) of this section, shall be surrendered 
to the Administrator upon request.
    (j) No grant of a special issuance made prior to September 16, 1996, 
may be used to obtain a medical certificate after the earlier of the 
following dates:
    (1) September 16, 1997; or
    (2) The date on which the holder of such special issuance is 
required to provide additional information to the FAA as a condition for 
continued medical certification.



Sec.  67.403  Applications, certificates, logbooks, reports, and 
records: Falsification, reproduction, or alteration; incorrect statements.

    (a) No person may make or cause to be made--
    (1) A fraudulent or intentionally false statement on any application 
for a medical certificate or on a request for any Authorization for 
Special Issuance of a Medical Certificate (Authorization) or Statement 
of Demonstrated Ability (SODA) under this part;
    (2) A fraudulent or intentionally false entry in any logbook, 
record, or report that is kept, made, or used, to show compliance with 
any requirement for any medical certificate or for any Authorization or 
SODA under this part;
    (3) A reproduction, for fraudulent purposes, of any medical 
certificate under this part; or
    (4) An alteration of any medical certificate under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a) of this section is a basis for--
    (1) Suspending or revoking all airman, ground instructor, and 
medical certificates and ratings held by that person;
    (2) Withdrawing all Authorizations or SODA's held by that person; 
and
    (3) Denying all applications for medical certification and requests 
for Authorizations or SODA's.
    (c) The following may serve as a basis for suspending or revoking a 
medical certificate; withdrawing an Authorization or SODA; or denying an 
application for a medical certificate or request for an authorization or 
SODA:
    (1) An incorrect statement, upon which the FAA relied, made in 
support of an application for a medical certificate or request for an 
Authorization or SODA.
    (2) An incorrect entry, upon which the FAA relied, made in any 
logbook, record, or report that is kept, made, or used to show 
compliance with any requirement for a medical certificate or an 
Authorization or SODA.



Sec.  67.405  Medical examinations: Who may give.

    (a) First-class. Any aviation medical examiner who is specifically 
designated for the purpose may give the examination for the first-class 
medical certificate. Any interested person may obtain a list of these 
aviation medical examiners, in any area, from the FAA Regional Flight 
Surgeon of the region in which the area is located.
    (b) Second- and third-class. Any aviation medical examiner may give 
the examination for the second- or third-class medical certificate. Any 
interested person may obtain a list of aviation medical examiners, in 
any area, from the FAA Regional Flight Surgeon of the region in which 
the area is located.



Sec.  67.407  Delegation of authority.

    (a) The authority of the Administrator under 49 U.S.C. 44703 to 
issue or deny medical certificates is delegated to the Federal Air 
Surgeon to the extent necessary to--
    (1) Examine applicants for and holders of medical certificates to 
determine whether they meet applicable medical standards; and
    (2) Issue, renew, and deny medical certificates, and issue, renew, 
deny, and withdraw Authorizations for Special Issuance of a Medical 
Certificate and Statements of Demonstrated Ability to a person based 
upon meeting or failing to meet applicable medical standards.
    (b) Subject to limitations in this chapter, the delegated functions 
of the Federal Air Surgeon to examine applicants for and holders of 
medical certificates for compliance with applicable medical standards 
and to issue, renew, and deny medical certificates are also delegated to 
aviation medical examiners and to authorized representatives

[[Page 149]]

of the Federal Air Surgeon within the FAA.
    (c) The authority of the Administrator under 49 U.S.C. 44702, to 
reconsider the action of an aviation medical examiner is delegated to 
the Federal Air Surgeon; the Manager, Aeromedical Certification 
Division; and each Regional Flight Surgeon. Where the person does not 
meet the standards of Sec. Sec.  67.107(b)(3) and (c), 67.109(b), 
67.113(b) and (c), 67.207(b)(3) and (c), 67.209(b), 67.213(b) and (c), 
67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c), any action taken 
under this paragraph other than by the Federal Air Surgeon is subject to 
reconsideration by the Federal Air Surgeon. A certificate issued by an 
aviation medical examiner is considered to be affirmed as issued unless 
an FAA official named in this paragraph (authorized official) reverses 
that issuance within 60 days after the date of issuance. However, if 
within 60 days after the date of issuance an authorized official 
requests the certificate holder to submit additional medical 
information, an authorized official may reverse the issuance within 60 
days after receipt of the requested information.
    (d) The authority of the Administrator under 49 U.S.C. 44709 to re-
examine any civil airman to the extent necessary to determine an 
airman's qualification to continue to hold an airman medical 
certificate, is delegated to the Federal Air Surgeon and his or her 
authorized representatives within the FAA.



Sec.  67.409  Denial of medical certificate.

    (a) Any person who is denied a medical certificate by an aviation 
medical examiner may, within 30 days after the date of the denial, apply 
in writing and in duplicate to the Federal Air Surgeon, Attention: 
Manager, Aeromedical Certification Division, AAM-300, Federal Aviation 
Administration, P.O. Box 26080, Oklahoma City, Oklahoma 73126, for 
reconsideration of that denial. If the person does not ask for 
reconsideration during the 30-day period after the date of the denial, 
he or she is considered to have withdrawn the application for a medical 
certificate.
    (b) The denial of a medical certificate--
    (1) By an aviation medical examiner is not a denial by the 
Administrator under 49 U.S.C. 44703.
    (2) By the Federal Air Surgeon is considered to be a denial by the 
Administrator under 49 U.S.C. 44703.
    (3) By the Manager, Aeromedical Certification Division, or a 
Regional Flight Surgeon is considered to be a denial by the 
Administrator under 49 U.S.C. 44703 except where the person does not 
meet the standards of Sec. Sec.  67.107(b)(3) and (c), 67.109(b), or 
67.113(b) and (c); 67.207(b)(3) and (c), 67.209(b), or 67.213(b) and 
(c); or 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c).
    (c) Any action taken under Sec.  67.407(c) that wholly or partly 
reverses the issue of a medical certificate by an aviation medical 
examiner is the denial of a medical certificate under paragraph (b) of 
this section.
    (d) If the issue of a medical certificate is wholly or partly 
reversed by the Federal Air Surgeon; the Manager, Aeromedical 
Certification Division; or a Regional Flight Surgeon, the person holding 
that certificate shall surrender it, upon request of the FAA.



Sec.  67.411  Medical certificates by flight surgeons of Armed Forces.

    (a) The FAA has designated flight surgeons of the Armed Forces on 
specified military posts, stations, and facilities, as aviation medical 
examiners.
    (b) An aviation medical examiner described in paragraph (a) of this 
section may give physical examinations for the FAA medical certificates 
to persons who are on active duty or who are, under Department of 
Defense medical programs, eligible for FAA medical certification as 
civil airmen. In addition, such an examiner may issue or deny an 
appropriate FAA medical certificate in accordance with the regulations 
of this chapter and the policies of the FAA.
    (c) Any interested person may obtain a list of the military posts, 
stations, and facilities at which a flight surgeon has been designated 
as an aviation medical examiner from the Surgeon General of the Armed 
Force concerned or from the Manager, Aeromedical Education Division, 
AAM-400, Federal

[[Page 150]]

Aviation Administration, P.O. Box 26082, Oklahoma City, Oklahoma 73125.



Sec.  67.413  Medical records.

    (a) Whenever the Administrator finds that additional medical 
information or history is necessary to determine whether an applicant 
for or the holder of a medical certificate meets the medical standards 
for it, the Administrator requests that person to furnish that 
information or to authorize any clinic, hospital, physician, or other 
person to release to the Administrator all available information or 
records concerning that history. If the applicant or holder fails to 
provide the requested medical information or history or to authorize the 
release so requested, the Administrator may suspend, modify, or revoke 
all medical certificates the airman holds or may, in the case of an 
applicant, deny the application for an airman medical certificate.
    (b) If an airman medical certificate is suspended or modified under 
paragraph (a) of this section, that suspension or modification remains 
in effect until the requested information, history, or authorization is 
provided to the FAA and until the Federal Air Surgeon determines whether 
the person meets the medical standards under this part.



Sec.  67.415  Return of medical certificate after suspension or revocation.

    The holder of any medical certificate issued under this part that is 
suspended or revoked shall, upon the Administrator's request, return it 
to the Administrator.

[[Page 151]]



                          SUBCHAPTER E_AIRSPACE





PART 71_DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS--Table of Contents




Special Federal Aviation Regulation No. 97 [Note]



Sec.
71.1 Applicability.
71.3 [Reserved]
71.5 Reporting points.
71.7 Bearings, radials, and mileages.
71.9 Overlapping airspace designations.
71.11 Air Traffic Service (ATS) routes.
71.13 Classification of Air Traffic Service (ATS) routes.
71.15 Designation of jet routes and VOR Federal airways.

                       Subpart A_Class A Airspace

71.31 Class A airspace.
71.33 Class A airspace areas.

                       Subpart B_Class B Airspace

71.41 Class B airspace.

                       Subpart C_Class C Airspace

71.51 Class C airspace.

                       Subpart D_Class D Airspace

71.61 Class D airspace.

                       Subpart E_Class E Airspace

71.71 Class E airspace.

Subparts F-G [Reserved]

                       Subpart H_Reporting Points

71.901 Applicability.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 
9565, 3 CFR, 1959-1963 Comp., p. 389.

    Source: Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, unless otherwise 
noted.

               Special Federal Aviation Regulation No. 97

    Editorial Note: For the text of SFAR No. 97, see part 91 of this 
chapter.



Sec.  71.1  Applicability.

    The complete listing for all Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points can be found in FAA 
Order 7400.9L, Airspace Designations and Reporting Points, dated 
September 2, 2003. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. The approval to incorporate by reference FAA Order 
7400.9L is effective September 16, 2003, through September 15, 2004. 
During the incorporation by reference period, proposed changes to the 
listings of Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points will be published in full text as proposed 
rule documents in the Federal Register. Amendments to the listings of 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points will be published in full text as final rules in the 
Federal Register. Periodically, the final rule amendments will be 
integrated into a revised edition of the Order and submitted to the 
Director of the Federal Register for approval for incorporation by 
reference in this section. Copies of FAA Order 7400.9L may be obtained 
from the Airspace and Rules Division, ATA-400, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591, 
(202) 267-8783. Copies of FAA Order 7400.9L may be inspected in Docket 
No. 29334 at the Federal Aviation Administration, Office of the Chief 
Counsel, AGC-200, Room 325, 800 Independence Avenue, SW., Washington, 
DC, weekdays between 8:30 a.m. and 5 p.m., or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC. This section is applicable September 16, 2003, through September 15, 
2004.

[Doc. No. 29334, 68 FR 54329, Sept. 17, 2003]



Sec.  71.3  [Reserved]



Sec.  71.5  Reporting points.

    The reporting points listed in subpart H of FAA Order 7400.9L 
(incorporated

[[Page 152]]

by reference, see Sec.  71.1) consist of geographic locations at which 
the position of an aircraft must be reported in accordance with part 91 
of this chapter.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



Sec.  71.7  Bearings, radials, and mileages.

    All bearings and radials in this part are true and are applied from 
point of origin and all mileages in this part are stated as nautical 
miles.



Sec.  71.9  Overlapping airspace designations.

    (a) When overlapping airspace designations apply to the same 
airspace, the operating rules associated with the more restrictive 
airspace designation apply.
    (b) For the purpose of this section--
    (1) Class A airspace is more restrictive than Class B, Class C, 
Class D, Class E, or Class G airspace;
    (2) Class B airspace is more restrictive than Class C, Class D, 
Class E, or Class G airspace;
    (3) Class C airspace is more restrictive than Class D, Class E, or 
Class G airspace;
    (4) Class D airspace is more restrictive than Class E or Class G 
airspace; and
    (5) Class E is more restrictive than Class G airspace.



Sec.  71.11  Air Traffic Service (ATS) routes.

    Unless otherwise specified, the following apply:
    (a) An Air Traffic Service (ATS) route is based on a centerline that 
extends from one navigation aid, fix, or intersection, to another 
navigation aid, fix, or intersection (or through several navigation 
aids, fixes, or intersections) specified for that route.
    (b) ATS routes include the primary protected airspace dimensions 
defined in FAA Order 8260.3, ``United States Standard For Terminal 
Instrument Procedures (TERPS).'' Order 8260.3 is incorporated by 
reference in Sec.  97.20 of this chapter.
    (c) An ATS route does not include the airspace of a prohibited area.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



Sec.  71.13  Classification of Air Traffic Service (ATS) routes.

    Unless otherwise specified, ATS routes are classified as follows:
    (a) In subpart A of this part:
    (1) Jet routes.
    (2) Area navigation (RNAV) routes.
    (b) In subpart E of this part:
    (1) VOR Federal airways.
    (2) Colored Federal airways.
    (i) Green Federal airways.
    (ii) Amber Federal airways.
    (iii) Red Federal airways.
    (iv) Blue Federal airways.
    (3) Area navigation (RNAV) routes.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



Sec.  71.15  Designation of jet routes and VOR Federal airways.

    Unless otherwise specified, the place names appearing in the 
descriptions of airspace areas designated as jet routes in subpart A of 
FAA Order 7400.9, and as VOR Federal airways in subpart E of FAA Order 
7400.9, are the names of VOR or VORTAC navigation aids. FAA Order 7400.9 
is incorporated by reference in Sec.  71.1.

[Doc. No. FAA-2003-14698, 68 FR 16947, Apr. 8, 2003]



                       Subpart A_Class A Airspace



Sec.  71.31  Class A airspace.

    The airspace descriptions contained in Sec.  71.33 and the routes 
contained in subpart A of FAA Order 7400.9L (incorporated by reference, 
see Sec.  71.1) are designated as Class A airspace within which all 
pilots and aircraft are subject to the rating requirements, operating

[[Page 153]]

rules, and equipment requirements of part 91 of this chapter.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



Sec.  71.33  Class A airspace areas.

    (a) That airspace of the United States, including that airspace 
overlying the waters within 12 nautical miles of the coast of the 48 
contiguous States, from 18,000 feet MSL to and including FL600 excluding 
the states of Alaska and Hawaii, Santa Barbara Island, Farallon Island, 
and the airspace south of latitude 25[deg]04[min]00[sec] North.
    (b) That airspace of the State of Alaska, including that airspace 
overlying the waters within 12 nautical miles of the coast, from 18,000 
feet MSL to and including FL600 but not including the airspace less than 
1,500 feet above the surface of the earth and the Alaska Peninsula west 
of longitude 160[deg]00[min]00[sec] West.
    (c) The airspace areas listed as offshore airspace areas in subpart 
A of FAA Order 7400.9L (incorporated by reference, see Sec.  71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic ATC 
procedures are applied.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-19, 58 
FR 12137, Mar. 2, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



                       Subpart B_Class B Airspace



Sec.  71.41  Class B airspace.

    The Class B airspace areas listed in subpart B of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all aircraft operators are subject to the minimum 
pilot qualification requirements, operating rules, and aircraft 
equipment requirements of part 91 of this chapter. Each Class B airspace 
area designated for an airport in subpart B of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) contains at least one 
primary airport around which the airspace is designated.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



                       Subpart C_Class C Airspace



Sec.  71.51  Class C airspace.

    The Class C airspace areas listed in subpart C of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all aircraft operators are subject to operating 
rules and equipment requirements specified in part 91 of this chapter. 
Each Class C airspace area designated for an airport in subpart C of FAA 
Order 7400.9KL (incorporated by reference, see Sec.  71.1) contains at 
least one primary airport around which the airspace is designated

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



                       Subpart D_Class D Airspace



Sec.  71.61  Class D airspace.

    The Class D airspace areas listed in subpart D of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all

[[Page 154]]

aircraft operators are subject to operating rules and equipment 
requirements specified in part 91 of this chapter. Each Class D airspace 
area designated for an airport in subpart D of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) contains at least one 
primary airport around which the airspace is designated.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56467, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



                       Subpart E_Class E Airspace



 71.71  Class E airspace.

    Class E Airspace consists of:
    (a) The airspace of the United States, including that airspace 
overlying the waters within 12 nautical miles of the coast of the 48 
contiguous states and Alaska, extending upward from 14,500 feet MSL up 
to, but not including 18,000 feet MSL, and the airspace above FL600, 
excluding--
    (1) The Alaska peninsula west of longitude 160[deg]00[min]00[sec]W.; 
and
    (2) The airspace below 1,500 feet above the surface of the earth.
    (b) The airspace areas designated for an airport in subpart E of FAA 
Order 7400.9L (incorporated by reference, see Sec.  71.1) within which 
all aircraft operators are subject to the operating rules specified in 
part 91 of this chapter.
    (c) The airspace areas listed as domestic airspace areas in subpart 
E of FAA Order 7400.9L (incorporated by reference, see Sec.  71.1) which 
extend upward from 700 feet or more above the surface of the earth when 
designated in conjunction with an airport for which an approved 
instrument approach procedure has been prescribed, or from 1,200 feet or 
more above the surface of the earth for the purpose of transitioning to 
or from the terminal or en route environment. When such areas are 
designated in conjunction with airways or routes, the extent of such 
designation has the lateral extent identical to that of a Federal airway 
and extends upward from 1,200 feet or higher. Unless otherwise 
specified, the airspace areas in the paragraph extend upward from 1,200 
feet or higher above the surface to, but not including, 14,500 feet MSL.
    (d) The Federal airways described in subpart E of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1).
    (e) The airspace areas listed as en route domestic airspace areas in 
subpart E of FAA Order 7400.9L (incorporated by reference, see Sec.  
71.1). Unless otherwise specified, each airspace area has a lateral 
extent identical to that of a Federal airway and extends unward from 
1,200 feet above the surface of the earth to the overlying or adjacent 
controlled airspace.
    (f) The airspace areas listed as offshore airspace areas in subpart 
E of FAA Order 7400.9L (incorporated by reference, see Sec.  71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic ATC 
procedures are applied. Unless otherwise specified, each airspace area 
extends upward from a specified, altitude up to, but not including, 
18,000 feet MSL.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-19, 58 
FR 12137, Mar. 2, 1993; Amdt. 71-16, 58 FR 15259, Mar. 19, 1993; Amdt. 
71-20, 58 FR 36299, July 6, 1993; Amdt. 71-21, 58 FR 44127, Aug. 19, 
1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 71-26, 60 FR 47267, 
Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 1996; Amdt. 71-29, 
62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, Sept. 21, 1998; 
Amdt. 71-31, 64 FR 50444, Sept. 17, 1999; Amdt. 71-32, 65 FR 56467, 
Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; Amdt. 71-34, 
67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, Sept. 17, 2003]

Subparts F-G [Reserved]



                       Subpart H_Reporting Points



Sec.  71.901  Applicability.

    Unless otherwise designated:
    (a) Each reporting point listed in subpart H of FAA Order 7400.9L 
(incorporated by reference, see Sec.  71.1) applies to all directions of 
flight. In any case where a geographic location is designated as a 
reporting point for less than all airways passing through that point, or 
for a particular direction of

[[Page 155]]

flight along an airway only, it is so indicated by including the airways 
or direction of flight in the designation of geographical location.
    (b) Place names appearing in the reporting point descriptions 
indicate VOR or VORTAC facilities identified by those names.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996; Amdt. 71-29, 62 FR 52492, Oct. 8, 1997; Amdt. 71-30, 63 FR 50140, 
Sept. 21, 1998; Amdt. 71-31, 64 FR 50445, Sept. 17, 1999; Amdt. 71-32, 
65 FR 56468, Sept. 19, 2000; Amdt. 71-33, 66 FR 48793, Sept. 24, 2001; 
Amdt. 71-34, 67 FR 61259, Sept. 30, 2002; Amdt. 71-35, 68 FR 54329, 
Sept. 17, 2003]



PART 73_SPECIAL USE AIRSPACE--Table of Contents




                            Subpart A_General

Sec.
73.1 Applicability.
73.3 Special use airspace.
73.5 Bearings; radials; miles.

                       Subpart B_Restricted Areas

73.11 Applicability.
73.13 Restrictions.
73.15 Using agency.
73.17 Controlling agency.
73.19 Reports by using agency.

                       Subpart C_Prohibited Areas

73.81 Applicability.
73.83 Restrictions.
73.85 Using agency.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 
9565, 3 CFR, 1959-1963 Comp., p. 389.

    Source: 46 FR 779, Jan. 2, 1981, unless otherwise noted.



                            Subpart A_General



Sec.  73.1  Applicability.

    The airspace that is described in subpart B and subpart C of this 
part is designated as special use airspace. These parts prescribe the 
requirements for the use of that airspace.



Sec.  73.3  Special use airspace.

    (a) Special use airspace consists of airspace of defined dimensions 
identified by an area on the surface of the earth wherein activities 
must be confined because of their nature, or wherein limitations are 
imposed upon aircraft operations that are not a part of those 
activities, or both.
    (b) The vertical limits of special use airspace are measured by 
designated altitude floors and ceilings expressed as flight levels or as 
feet above mean sea level. Unless otherwise specified, the word ``to'' 
(an altitude or flight level) means ``to and including'' (that altitude 
or flight level).
    (c) The horizontal limits of special use airspace are measured by 
boundaries described by geographic coordinates or other appropriate 
references that clearly define their perimeter.
    (d) The period of time during which a designation of special use 
airspace is in effect is stated in the designation.



Sec.  73.5  Bearings; radials; miles.

    (a) All bearings and radials in this part are true from point of 
origin.
    (b) Unless otherwise specified, all mileages in this part are stated 
as statute miles.



                       Subpart B_Restricted Areas



Sec.  73.11  Applicability.

    This subpart designates restricted areas and prescribes limitations 
on the operation of aircraft within them.



Sec.  73.13  Restrictions.

    No person may operate an aircraft within a restricted area between 
the designated altitudes and during the time of designation, unless he 
has the advance permission of
    (a) The using agency described in Sec.  73.15; or
    (b) The controlling agency described in Sec.  73.17.



Sec.  73.15  Using agency.

    (a) For the purposes of this subpart, the following are using 
agencies;
    (1) The agency, organization, or military command whose activity 
within a restricted area necessitated the area being so designated.
    (b) Upon the request of the FAA, the using agency shall execute a 
letter establishing procedures for joint use of a restricted area by the 
using agency and the controlling agency, under which

[[Page 156]]

the using agency would notify the controlling agency whenever the 
controlling agency may grant permission for transit through the 
restricted area in accordance with the terms of the letter.
    (c) The using agency shall--
    (1) Schedule activities within the restricted area;
    (2) Authorize transit through, or flight within, the restricted area 
as feasible; and
    (3) Contain within the restricted area all activities conducted 
therein in accordance with the purpose for which it was designated.



Sec.  73.17  Controlling agency.

    For the purposes of this part, the controlling agency is the FAA 
facility that may authorize transit through or flight within a 
restricted area in accordance with a joint-use letter issued under Sec.  
73.15.



Sec.  73.19  Reports by using agency.

    (a) Each using agency shall prepare a report on the use of each 
restricted area assigned thereto during any part of the preceding 12-
month period ended September 30, and transmit it by the following 
January 31 of each year to the Manager, Air Traffic Division in the 
regional office of the Federal Aviation Administration having 
jurisdiction over the area in which the restricted area is located, with 
a copy to the Program Director for Air Traffic Airspace Management, 
Federal Aviation Administration, Washington, DC 20591.
    (b) In the report under this section the using agency shall:
    (1) State the name and number of the restricted area as published in 
this part, and the period covered by the report.
    (2) State the activities (including average daily number of 
operations if appropriate) conducted in the area, and any other 
pertinent information concerning current and future electronic 
monitoring devices.
    (3) State the number of hours daily, the days of the week, and the 
number of weeks during the year that the area was used.
    (4) For restricted areas having a joint-use designation, also state 
the number of hours daily, the days of the week, and the number of weeks 
during the year that the restricted area was released to the controlling 
agency for public use.
    (5) State the mean sea level altitudes or flight levels (whichever 
is appropriate) used in aircraft operations and the maximum and average 
ordinate of surface firing (expressed in feet, mean sea level altitude) 
used on a daily, weekly, and yearly basis.
    (6) Include a chart of the area (of optional scale and design) 
depicting, if used, aircraft operating areas, flight patterns, ordnance 
delivery areas, surface firing points, and target, fan, and impact 
areas. After once submitting an appropriate chart, subsequent annual 
charts are not required unless there is a change in the area, activity 
or altitude (or flight levels) used, which might alter the depiction of 
the activities originally reported. If no change is to be submitted, a 
statement indicating ``no change'' shall be included in the report.
    (7) Include any other information not otherwise required under this 
part which is considered pertinent to activities carried on in the 
restricted area.
    (c) If it is determined that the information submitted under 
paragraph (b) of this section is not sufficient to evaluate the nature 
and extent of the use of a restricted area, the FAA may request the 
using agency to submit supplementary reports. Within 60 days after 
receiving a request for additional information, the using agency shall 
submit such information as the Program Director for Air Traffic Airspace 
Management considers appropriate. Supplementary reports must be sent to 
the FAA officials designated in paragraph (a) of this section.

(Secs. 307 and 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348 and 
1354(a)))

[Doc. No. 15379, 42 FR 54798, Oct. 11, 1977, as amended by Amdt. 73-5, 
54 FR 39292, Sept. 25, 1989; Amdt. 73-6, 58 FR 42001, Aug. 6, 1993; 
Amdt. 73-8, 61 FR 26435, May 28, 1996; Amdt. 73-8, 63 FR 16890, Apr. 7, 
1998]

    Editorial Note: The restricted areas formerly carried as Sec. Sec.  
608.21 to 608.72 of this title were transferred to part 73 as Sec. Sec.  
73.21 to 73.72 under subpart B but are not carried in the Code of 
Federal Regulations. For Federal Register citations affecting these 
restricted

[[Page 157]]

areas, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                       Subpart C_Prohibited Areas



Sec.  73.81  Applicability.

    This subpart designates prohibited areas and prescribes limitations 
on the operation of aircraft therein.



Sec.  73.83  Restrictions.

    No person may operate an aircraft within a prohibited area unless 
authorization has been granted by the using agency.



Sec.  73.85  Using agency.

    For the purpose of this subpart, the using agency is the agency, 
organization or military command that established the requirements for 
the prohibited area.

    Editorial Note: Sections 73.87 through 73.99 are reserved for 
descriptions of designated prohibited areas. For Federal Register 
citations affecting these prohibited areas, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.

                           PART 75 [RESERVED]



PART 77_OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents




Special Federal Aviation Regulation No. 98

                            Subpart A_General

Sec.
77.1 Scope.
77.2 Definition of terms.
77.3 Standards.
77.5 Kinds of objects affected.

             Subpart B_Notice of Construction or Alteration

77.11 Scope.
77.13 Construction or alteration requiring notice.
77.15 Construction or alteration not requiring notice.
77.17 Form and time of notice.
77.19 Acknowledgment of notice.

                     Subpart C_Obstruction Standards

77.21 Scope.
77.23 Standards for determining obstructions.
77.25 Civil airport imaginary surfaces.
77.27 [Reserved]
77.28 Military airport imaginary surfaces.
77.29 Airport imaginary surfaces for heliports.

  Subpart D_Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace

77.31 Scope.
77.33 Initiation of studies.
77.35 Aeronautical studies.
77.37 Discretionary review.
77.39 Effective period of determination of no hazard.

        Subpart E_Rules of Practice for Hearings Under Subpart D

77.41 Scope.
77.43 Nature of hearing.
77.45 Presiding officer.
77.47 Legal officer.
77.49 Notice of hearing.
77.51 Parties to the hearing.
77.53 Prehearing conference.
77.55 Examination of witnesses.
77.57 Evidence.
77.59 Subpoenas of witnesses and exhibits.
77.61 Revision of construction or alteration proposal.
77.63 Record of hearing.
77.65 Recommendations by parties.
77.67 Final decision of the Administrator.
77.69 Limitations on appearance and representation.

              Subpart F_Establishment of Antenna Farm Areas

77.71 Scope.
77.73 General provisions.
77.75 Establishment of antenna farm areas.

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44502, 44701, 
44718, 46101-46102, 46104.

    Source: Docket No. 1882, 30 FR 1839, Feb. 10, 1965, unless otherwise 
noted.

 Special Federal Aviation Regulation No. 98--Construction or Alteration 
in the Vicinity of the Private Residence of the President of the United 
                                 States

    Section 1. Construction or alteration near the private residence of 
the President. This section applies to:
    (a) Any object of natural growth, terrain, or permanent or temporary 
construction or alteration, including appurtenances and equipment or 
materials used therein.
    (b) Any apparatus of a permanent or temporary character.

[[Page 158]]

    Section 2. Notice of Construction/Alteration. Proponents proposing 
construction or alteration of any object described in Section 1 that 
would exceed 50 feet AGL and is within 3 NM radius of lat. 
31[deg]34[min]45 N, long. 97[deg]32[min]00 W shall notify the 
Administrator in the form and manner prescribed in 14 CFR 77.17.
    Section 3. Obstruction Standard.
    (a) Any object described in Section 1 that would exceed 50 feet AGL 
and is within 3 NM radius of lat. 31[deg]34[min]45N, long. 
97[deg]32[min]00W is an obstruction and is presumed to adversely affect 
aviation safety and therefore is a hazard to air navigation.
    (b) A Determination of No Hazard will be issued only when the FAA 
determines, based upon submitted information and in consultation with 
the USMC and the SSPPD, that the construction or alteration will not 
adversely affect safety and would not result in a hazard to air 
navigation.
    Section 4. Termination. This rule will terminate at the end of 
President George W. Bush's term in office.

[Doc. No. FAA-2003-14972, 68 FR 19732, Apr. 22, 2003; 68 FR 23584, May 
5, 2003]



                            Subpart A_General



Sec.  77.1  Scope.

    This part:
    (a) Establishes standards for determining obstructions in navigable 
airspace;
    (b) Sets forth the requirements for notice to the Administrator of 
certain proposed construction or alteration;
    (c) Provides for aeronautical studies of obstructions to air 
navigation, to determine their effect on the safe and efficient use of 
airspace;
    (d) Provides for public hearings on the hazardous effect of proposed 
construction or alteration on air navigation; and
    (e) Provides for establishing antenna farm areas.



Sec.  77.2  Definition of terms.

    For the purpose of this part:
    Airport available for public use means an airport that is open to 
the general public with or without a prior request to use the airport.
    A seaplane base is considered to be an airport only if its sea lanes 
are outlined by visual markers.
    Nonprecision instrument runway means a runway having an existing 
instrument approach procedure utilizing air navigation facilities with 
only horizontal guidance, or area type navigation equipment, for which a 
straight-in nonprecision instrument approach procedure has been 
approved, or planned, and for which no precision approach facilities are 
planned, or indicated on an FAA planning document or military service 
military airport planning document.
    Precision instrument runway means a runway having an existing 
instrument approach procedure utilizing an Instrument Landing System 
(ILS), or a Precision Approach Radar (PAR). It also means a runway for 
which a precision approach system is planned and is so indicated by an 
FAA approved airport layout plan; a military service approved military 
airport layout plan; any other FAA planning document, or military 
service military airport planning document.
    Utility runway means a runway that is constructed for and intended 
to be used by propeller driven aircraft of 12,500 pounds maximum gross 
weight and less.
    Visual runway means a runway intended solely for the operation of 
aircraft using visual approach procedures, with no straight-in 
instrument approach procedure and no instrument designation indicated on 
an FAA approved airport layout plan, a military service approved 
military airport layout plan, or by any planning document submitted to 
the FAA by competent authority.

[Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 
FR 5969, Apr. 1, 1971]



Sec.  77.3  Standards.

    (a) The standards established in this part for determining 
obstructions to air navigation are used by the Administrator in:
    (1) Administering the Federal-aid Airport Program and the Surplus 
Airport Program;
    (2) Transferring property of the United States under section 16 of 
the Federal Airport Act;
    (3) Developing technical standards and guidance in the design and 
construction of airports; and
    (4) Imposing requirements for public notice of the construction or 
alteration

[[Page 159]]

of any structure where notice will promote air safety.
    (b) The standards used by the Administrator in the establishment of 
flight procedures and aircraft operational limitations are not set forth 
in this part but are contained in other publications of the 
Administrator.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 
FR 5970, Apr. 1, 1971]



Sec.  77.5  Kinds of objects affected.

    This part applies to:
    (a) Any object of natural growth, terrain, or permanent or temporary 
construction or alteration, including equipment or materials used 
therein, and apparatus of a permanent or temporary character; and
    (b) Alteration of any permanent or temporary existing structure by a 
change in its height (including appurtenances), or lateral dimensions, 
including equipment or materials used therein.



             Subpart B_Notice of Construction or Alteration



Sec.  77.11  Scope.

    (a) This subpart requires each person proposing any kind of 
construction or alteration described in Sec.  77.13(a) to give adequate 
notice to the Administrator. It specifies the locations and dimensions 
of the construction or alteration for which notice is required and 
prescribes the form and manner of the notice. It also requires 
supplemental notices 48 hours before the start and upon the completion 
of certain construction or alteration that was the subject of a notice 
under Sec.  77.13(a).
    (b) Notices received under this subpart provide a basis for:
    (1) Evaluating the effect of the construction or alteration on 
operational procedures and proposed operational procedures;
    (2) Determinations of the possible hazardous effect of the proposed 
construction or alteration on air navigation;
    (3) Recommendations for identifying the construction or alteration 
in accordance with the current Federal Aviation Administration Advisory 
Circular AC 70/7460-1 entitled ``Obstruction Marking and Lighting,'' 
which is available without charge from the Department of Transportation, 
Distribution Unit, TAD 484.3, Washington, DC 20590.
    (4) Determining other appropriate measures to be applied for 
continued safety of air navigation; and
    (5) Charting and other notification to airmen of the construction or 
alteration.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-8, 33 
FR 18614, Dec. 17, 1968; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]



Sec.  77.13  Construction or alteration requiring notice.

    (a) Except as provided in Sec.  77.15, each sponsor who proposes any 
of the following construction or alteration shall notify the 
Administrator in the form and manner prescribed in Sec.  77.17:
    (1) Any construction or alteration of more than 200 feet in height 
above the ground level at its site.
    (2) Any construction or alteration of greater height than an 
imaginary surface extending outward and upward at one of the following 
slopes:
    (i) 100 to 1 for a horizontal distance of 20,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with at least one runway more than 
3,200 feet in actual length, excluding heliports.
    (ii) 50 to 1 for a horizontal distance of 10,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with its longest runway no more than 
3,200 feet in actual length, excluding heliports.
    (iii) 25 to 1 for a horizontal distance of 5,000 feet from the 
nearest point of the nearest landing and takeoff area of each heliport 
specified in paragraph (a)(5) of this section.
    (3) Any highway, railroad, or other traverse way for mobile objects, 
of a height which, if adjusted upward 17 feet for an Interstate Highway 
that is part of the National System of Military and Interstate Highways 
where overcrossings are designed for a minimum of 17 feet vertical 
distance, 15 feet for any other public roadway, 10 feet or

[[Page 160]]

the height of the highest mobile object that would normally traverse the 
road, whichever is greater, for a private road, 23 feet for a railroad, 
and for a waterway or any other traverse way not previously mentioned, 
an amount equal to the height of the highest mobile object that would 
normally traverse it, would exceed a standard of paragraph (a) (1) or 
(2) of this section.
    (4) When requested by the FAA, any construction or alteration that 
would be in an instrument approach area (defined in the FAA standards 
governing instrument approach procedures) and available information 
indicates it might exceed a standard of subpart C of this part.
    (5) Any construction or alteration on any of the following airports 
(including heliports):
    (i) An airport that is available for public use and is listed in the 
Airport Directory of the current Airman's Information Manual or in 
either the Alaska or Pacific Airman's Guide and Chart Supplement.
    (ii) An airport under construction, that is the subject of a notice 
or proposal on file with the Federal Aviation Administration, and, 
except for military airports, it is clearly indicated that that airport 
will be available for public use.
    (iii) An airport that is operated by an armed force of the United 
States.
    (b) Each sponsor who proposes construction or alteration that is the 
subject of a notice under paragraph (a) of this section and is advised 
by an FAA regional office that a supplemental notice is required shall 
submit that notice on a prescribed form to be received by the FAA 
regional office at least 48 hours before the start of the construction 
or alteration.
    (c) Each sponsor who undertakes construction or alteration that is 
the subject of a notice under paragraph (a) of this section shall, 
within 5 days after that construction or alteration reaches its greatest 
height, submit a supplemental notice on a prescribed form to the FAA 
regional office having jurisdiction over the region involved, if--
    (1) The construction or alteration is more than 200 feet above the 
surface level of its site; or
    (2) An FAA regional office advises him that submission of the form 
is required.

[Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 
FR 5970, Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]



Sec.  77.15  Construction or alteration not requiring notice.

    No person is required to notify the Administrator for any of the 
following construction or alteration:
    (a) Any object that would be shielded by existing structures of a 
permanent and substantial character or by natural terrain or topographic 
features of equal or greater height, and would be located in the 
congested area of a city, town, or settlement where it is evident beyond 
all reasonable doubt that the structure so shielded will not adversely 
affect safety in air navigation.
    (b) Any antenna structure of 20 feet or less in height except one 
that would increase the height of another antenna structure.
    (c) Any air navigation facility, airport visual approach or landing 
aid, aircraft arresting device, or meteorological device, of a type 
approved by the Administrator, or an appropriate military service on 
military airports, the location and height of which is fixed by its 
functional purpose.
    (d) Any construction or alteration for which notice is required by 
any other FAA regulation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]



Sec.  77.17  Form and time of notice.

    (a) Each person who is required to notify the Administrator under 
Sec.  77.13(a) shall send one executed form set (four copies) of FAA 
Form 7460-1, Notice of Proposed Construction or Alteration, to the 
Manager, Air Traffic Division, FAA Regional Office having jurisdiction 
over the area within which the construction or alteration will be 
located. Copies of FAA Form 7460-1 may be obtained from the headquarters 
of the Federal Aviation Administration and the regional offices.
    (b) The notice required under Sec.  77.13(a) (1) through (4) must be 
submitted at least 30 days before the earlier of the following dates:

[[Page 161]]

    (1) The date the proposed construction or alteration is to begin.
    (2) The date an application for a construction permit is to be 
filed.

However, a notice relating to proposed construction or alteration that 
is subject to the licensing requirements of the Federal Communications 
Act may be sent to FAA at the same time the application for construction 
is filed with the Federal Communications Commission, or at any time 
before that filing.
    (c) A proposed structure or an alteration to an existing structure 
that exceeds 2,000 feet in height above the ground will be presumed to 
be a hazard to air navigation and to result in an inefficient 
utilization of airspace and the applicant has the burden of overcoming 
that presumption. Each notice submitted under the pertinent provisions 
of this part 77 proposing a structure in excess of 2,000 feet above 
ground, or an alteration that will make an existing structure exceed 
that height, must contain a detailed showing, directed to meeting this 
burden. Only in exceptional cases, where the FAA concludes that a clear 
and compelling showing has been made that it would not result in an 
inefficient utilization of the airspace and would not result in a hazard 
to air navigation, will a determination of no hazard be issued.
    (d) In the case of an emergency involving essential public services, 
public health, or public safety that requires immediate construction or 
alteration, the 30-day requirement in paragraph (b) of this section does 
not apply and the notice may be sent by telephone, telegraph, or other 
expeditious means, with an executed FAA Form 7460-1 submitted within 5 
days thereafter. Outside normal business hours, emergency notices by 
telephone or telegraph may be submitted to the nearest FAA Flight 
Service Station.
    (e) Each person who is required to notify the Administrator by 
paragraph (b) or (c) of Sec.  77.13, or both, shall send an executed 
copy of FAA Form 117-1, Notice of Progress of Construction or 
Alteration, to the Manager, Air Traffic Division, FAA Regional Office 
having jurisdiction over the area involved.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-2, 31 
FR 9449, July 12, 1966; Amdt. 77-8, 33 FR 18614, Dec. 17, 1968; Amdt. 
77-10, 37 FR 4705, Mar. 4, 1972; Amdt. 77-11, 54 FR 39292, Sept. 25, 
1989]



Sec.  77.19  Acknowledgment of notice.

    (a) The FAA acknowledges in writing the receipt of each notice 
submitted under Sec.  77.13(a).
    (b) If the construction or alteration proposed in a notice is one 
for which lighting or marking standards are prescribed in the FAA 
Advisory Circular AC 70/7460-1, entitled ``Obstruction Marking and 
Lighting,'' the acknowledgment contains a statement to that effect and 
information on how the structure should be marked and lighted in 
accordance with the manual.
    (c) The acknowledgment states that an aeronautical study of the 
proposed construction or alteration has resulted in a determination that 
the construction or alteration:
    (1) Would not exceed any standard of subpart C and would not be a 
hazard to air navigation;
    (2) Would exceed a standard of subpart C but would not be a hazard 
to air navigation; or
    (3) Would exceed a standard of subpart C and further aeronautical 
study is necessary to determine whether it would be a hazard to air 
navigation, that the sponsor may request within 30 days that further 
study, and that, pending completion of any further study, it is presumed 
the construction or alteration would be a hazard to air navigation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4, 32 
FR 12997, Sept. 13, 1967; Amdt. 77-5, 33 FR 5257, Apr. 2, 1968]



                     Subpart C_Obstruction Standards



Sec.  77.21  Scope.

    (a) This subpart establishes standards for determining obstructions 
to air navigation. It applies to existing and proposed manmade objects, 
objects of natural growth, and terrain. The standards apply to the use 
of navigable

[[Page 162]]

airspace by aircraft and to existing air navigation facilities, such as 
an air navigation aid, airport, Federal airway, instrument approach or 
departure procedure, or approved off-airway route. Additionally, they 
apply to a planned facility or use, or a change in an existing facility 
or use, if a proposal therefor is on file with the Federal Aviation 
Administration or an appropriate military service on the date the notice 
required by Sec.  77.13(a) is filed.
    (b) At those airports having defined runways with specially prepared 
hard surfaces, the primary surface for each such runway extends 200 feet 
beyond each end of the runway. At those airports having defined strips 
or pathways that are used regularly for the taking off and landing of 
aircraft and have been designated by appropriate authority as runways, 
but do not have specially prepared hard surfaces, each end of the 
primary surface for each such runway shall coincide with the 
corresponding end of the runway. At those airports, excluding seaplane 
bases, having a defined landing and takeoff area with no defined 
pathways for the landing and taking off of aircraft, a determination 
shall be made as to which portions of the landing and takeoff area are 
regularly used as landing and takeoff pathways. Those pathways so 
determined shall be considered runways and an appropriate primary 
surface as defined in Sec.  77.25(c) will be considered as being 
longitudinally centered on each runway so determined, and each end of 
that primary surface shall coincide with the corresponding end of that 
runway.
    (c) The standards in this subpart apply to the effect of 
construction or alteration proposals upon an airport if, at the time of 
filing of the notice required by Sec.  77.13(a), that airport is--
    (1) Available for public use and is listed in the Airport Directory 
of the current Airman's Information Manual or in either the Alaska or 
Pacific Airman's Guide and Chart Supplement; or
    (2) A planned or proposed airport or an airport under construction, 
that is the subject of a notice or proposal on file with the Federal 
Aviation Administration, and, except for military airports, it is 
clearly indicated that that airport will be available for public use; 
or,
    (3) An airport that is operated by an armed force of the United 
States.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]



Sec.  77.23  Standards for determining obstructions.

    (a) An existing object, including a mobile object, is, and a future 
object would be, an obstruction to air navigation if it is of greater 
height than any of the following heights or surfaces:
    (1) A height of 500 feet above ground level at the site of the 
object.
    (2) A height that is 200 feet above ground level or above the 
established airport elevation, whichever is higher, within 3 nautical 
miles of the established reference point of an airport, excluding 
heliports, with its longest runway more than 3,200 feet in actual 
length, and that height increases in the proportion of 100 feet for each 
additional nautical mile of distance from the airport up to a maximum of 
500 feet.
    (3) A height within a terminal obstacle clearance area, including an 
initial approach segment, a departure area, and a circling approach 
area, which would result in the vertical distance between any point on 
the object and an established minimum instrument flight altitude within 
that area or segment to be less than the required obstacle clearance.
    (4) A height within an en route obstacle clearance area, including 
turn and termination areas, of a Federal airway or approved off-airway 
route, that would increase the minimum obstacle clearance altitude.
    (5) The surface of a takeoff and landing area of an airport or any 
imaginary surface established under Sec.  77.25, Sec.  77.28, or Sec.  
77.29. However, no part of the take-off or landing area itself will be 
considered an obstruction.
    (b) Except for traverse ways on or near an airport with an operative 
ground traffic control service, furnished by an air traffic control 
tower or by the airport management and coordinated with the air traffic 
control service, the standards of paragraph (a) of this section apply to 
traverse ways

[[Page 163]]

used or to be used for the passage of mobile objects only after the 
heights of these traverse ways are increased by:
    (1) Seventeen feet for an Interstate Highway that is part of the 
National System of Military and Interstate Highways where overcrossings 
are designed for a minimum of 17 feet vertical distance.
    (2) Fifteen feet for any other public roadway.
    (3) Ten feet or the height of the highest mobile object that would 
normally traverse the road, whichever is greater, for a private road.
    (4) Twenty-three feet for a railroad, and,
    (5) For a waterway or any other traverse way not previously 
mentioned, an amount equal to the height of the highest mobile object 
that would normally traverse it.

[Doc. No. 10183, 36 FR 5970, Apr. 1, 1971]



Sec.  77.25  Civil airport imaginary surfaces.

    The following civil airport imaginary surfaces are established with 
relation to the airport and to each runway. The size of each such 
imaginary surface is based on the category of each runway according to 
the type of approach available or planned for that runway. The slope and 
dimensions of the approach surface applied to each end of a runway are 
determined by the most precise approach existing or planned for that 
runway end.
    (a) Horizontal surface. A horizontal plane 150 feet above the 
established airport elevation, the perimeter of which is constructed by 
swinging arcs of specified radii from the center of each end of the 
primary surface of each runway of each airport and connecting the 
adjacent arcs by lines tangent to those arcs. The radius of each arc is:
    (1) 5,000 feet for all runways designated as utility or visual;
    (2) 10,000 feet for all other runways. The radius of the arc 
specified for each end of a runway will have the same arithmetical 
value. That value will be the highest determined for either end of the 
runway. When a 5,000-foot arc is encompassed by tangents connecting two 
adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on 
the construction of the perimeter of the horizontal surface.
    (b) Conical surface. A surface extending outward and upward from the 
periphery of the horizontal surface at a slope of 20 to 1 for a 
horizontal distance of 4,000 feet.
    (c) Primary surface. A surface longitudinally centered on a runway. 
When the runway has a specially prepared hard surface, the primary 
surface extends 200 feet beyond each end of that runway; but when the 
runway has no specially prepared hard surface, or planned hard surface, 
the primary surface ends at each end of that runway. The elevation of 
any point on the primary surface is the same as the elevation of the 
nearest point on the runway centerline. The width of a primary surface 
is:
    (1) 250 feet for utility runways having only visual approaches.
    (2) 500 feet for utility runways having nonprecision instrument 
approaches.
    (3) For other than utility runways the width is:
    (i) 500 feet for visual runways having only visual approaches.
    (ii) 500 feet for nonprecision instrument runways having visibility 
minimums greater than three-fourths statute mile.
    (iii) 1,000 feet for a nonprecision instrument runway having a 
nonprecision instrument approach with visibility minimums as low as 
three-fourths of a statute mile, and for precision instrument runways.

The width of the primary surface of a runway will be that width 
prescribed in this section for the most precise approach existing or 
planned for either end of that runway.
    (d) Approach surface. A surface longitudinally centered on the 
extended runway centerline and extending outward and upward from each 
end of the primary surface. An approach surface is applied to each end 
of each runway based upon the type of approach available or planned for 
that runway end.
    (1) The inner edge of the approach surface is the same width as the 
primary surface and it expands uniformly to a width of:
    (i) 1,250 feet for that end of a utility runway with only visual 
approaches;

[[Page 164]]

    (ii) 1,500 feet for that end of a runway other than a utility runway 
with only visual approaches;
    (iii) 2,000 feet for that end of a utility runway with a 
nonprecision instrument approach;
    (iv) 3,500 feet for that end of a nonprecision instrument runway 
other than utility, having visibility minimums greater than three-
fourths of a statute mile;
    (v) 4,000 feet for that end of a nonprecision instrument runway, 
other than utility, having a nonprecision instrument approach with 
visibility minimums as low as three-fourths statute mile; and
    (vi) 16,000 feet for precision instrument runways.
    (2) The approach surface extends for a horizontal distance of:
    (i) 5,000 feet at a slope of 20 to 1 for all utility and visual 
runways;
    (ii) 10,000 feet at a slope of 34 to 1 for all nonprecision 
instrument runways other than utility; and,
    (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 
feet at a slope of 40 to 1 for all precision instrument runways.
    (3) The outer width of an approach surface to an end of a runway 
will be that width prescribed in this subsection for the most precise 
approach existing or planned for that runway end.
    (e) Transitional surface. These surfaces extend outward and upward 
at right angles to the runway centerline and the runway centerline 
extended at a slope of 7 to 1 from the sides of the primary surface and 
from the sides of the approach surfaces. Transitional surfaces for those 
portions of the precision approach surface which project through and 
beyond the limits of the conical surface, extend a distance of 5,000 
feet measured horizontally from the edge of the approach surface and at 
right angles to the runway centerline.

[Doc. No. 10183, 36 FR 5970, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]



Sec.  77.27  [Reserved]



Sec.  77.28  Military airport imaginary surfaces.

    (a) Related to airport reference points. These surfaces apply to all 
military airports. For the purposes of this section a military airport 
is any airport operated by an armed force of the United States.
    (1) Inner horizontal surface. A plane is oval in shape at a height 
of 150 feet above the established airfield elevation. The plane is 
constructed by scribing an arc with a radius of 7,500 feet about the 
centerline at the end of each runway and interconnecting these arcs with 
tangents.
    (2) Conical surface. A surface extending from the periphery of the 
inner horizontal surface outward and upward at a slope of 20 to 1 for a 
horizontal distance of 7,000 feet to a height of 500 feet above the 
established airfield elevation.
    (3) Outer horizontal surface. A plane, located 500 feet above the 
established airfield elevation, extending outward from the outer 
periphery of the conical surface for a horizontal distance of 30,000 
feet.
    (b) Related to runways. These surfaces apply to all military 
airports.
    (1) Primary surface. A surface located on the ground or water 
longitudinally centered on each runway with the same length as the 
runway. The width of the primary surface for runways is 2,000 feet. 
However, at established bases where substantial construction has taken 
place in accordance with a previous lateral clearance criteria, the 
2,000-foot width may be reduced to the former criteria.
    (2) Clear zone surface. A surface located on the ground or water at 
each end of the primary surface, with a length of 1,000 feet and the 
same width as the primary surface.
    (3) Approach clearance surface. An inclined plane, symmetrical about 
the runway centerline extended, beginning 200 feet beyond each end of 
the primary surface at the centerline elevation of the runway end and 
extending for 50,000 feet. The slope of the approach clearance surface 
is 50 to 1 along the runway centerline extended until it reaches an 
elevation of 500 feet above the established airport elevation. It then 
continues horizontally at this elevation to a point 50,000 feet from the 
point of beginning. The width of this surface at

[[Page 165]]

the runway end is the same as the primary surface, it flares uniformly, 
and the width at 50,000 is 16,000 feet.
    (4) Transitional surfaces. These surfaces connect the primary 
surfaces, the first 200 feet of the clear zone surfaces, and the 
approach clearance surfaces to the inner horizontal surface, conical 
surface, outer horizontal surface or other transitional surfaces. The 
slope of the transitional surface is 7 to 1 outward and upward at right 
angles to the runway centerline.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-1, 30 
FR 6713, May 18, 1965; Amdt. 77-9, 36 FR 5971, Apr. 1, 1971]



Sec.  77.29  Airport imaginary surfaces for heli ports.

    (a) Heliport primary surface. The area of the primary surface 
coincides in size and shape with the designated take-off and landing 
area of a heliport. This surface is a horizontal plane at the elevation 
of the established heliport elevation.
    (b) Heliport approach surface. The approach surface begins at each 
end of the heliport primary surface with the same width as the primary 
surface, and extends outward and upward for a horizontal distance of 
4,000 feet where its width is 500 feet. The slope of the approach 
surface is 8 to 1 for civil heliports and 10 to 1 for military 
heliports.
    (c) Heliport transitional surfaces These surfaces extend outward and 
upward from the lateral boundaries of the heliport primary surface and 
from the approach surfaces at a slope of 2 to 1 for a distance of 250 
feet measured horizontally from the centerline of the primary and 
approach surfaces.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 
FR 5971, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]



  Subpart D_Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace



Sec.  77.31  Scope.

    (a) This subpart applies to the conduct of aeronautical studies of 
the effect of proposed construction or alteration on the use of air 
navigation facilities or navigable airspace by aircraft. In the 
aeronautical studies, present and future IFR and VFR aeronautical 
operations and procedures are reviewed and any possible changes in those 
operations and procedures and in the construction proposal that would 
eliminate or alleviate the conflicting demands are ascertained.
    (b) The conclusion of a study made under this subpart is normally a 
determination as to whether the specific proposal studied would be a 
hazard to air navigation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 
FR 10843, July 31, 1968]



Sec.  77.33  Initiation of studies.

    (a) An aeronautical study is conducted by the FAA:
    (1) Upon the request of the sponsor or any construction or 
alteration for which a notice is submitted under subpart B of this part, 
unless that construction or alteration would be located within an 
antenna farm area established under subpart F of this part; or
    (2) Whenever the FAA determines it appropriate.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4, 32 
FR 12997, Sept. 13, 1967]



Sec.  77.35  Aeronautical studies.

    (a) The Regional Manager, Air Traffic Division of the region in 
which the proposed construction or alteration would be located, or his 
designee, conducts the aeronautical study of the effect of the proposal 
upon the operation of air navigation facilities and the safe and 
efficient utilization of the navigable airspace. This study may include 
the physical and electromagnetic radiation effect the proposal may have 
on the operation of an air navigation facility.
    (b) To the extent considered necessary, the Regional Manager, Air 
Traffic Division or his designee:
    (1) Solicits comments from all interested persons;
    (2) Explores objections to the proposal and attempts to develop 
recommendations for adjustment of aviation requirements that would 
accommodate the proposed construction or alteration;

[[Page 166]]

    (3) Examines possible revisions of the proposal that would eliminate 
the exceeding of the standards in subpart C of this part; and
    (4) Convenes a meeting with all interested persons for the purpose 
of gathering all facts relevant to the effect of the proposed 
construction or alteration on the safe and efficient utilization of the 
navigable airspace.
    (c) The Regional Manager, Air Traffic Division or his designee 
issues a determination as to whether the proposed construction or 
alteration would be a hazard to air navigation and sends copies to all 
known interested persons. This determination is final unless a petition 
for review is granted under Sec.  77.37.
    (d) If the sponsor revises his proposal to eliminate exceeding of 
the standards of subpart C of this part, or withdraws it, the Regional 
Manager, Air Traffic Division, or his designee, terminates the study and 
notifies all known interested persons.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 
FR 10843, July 31, 1968; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]



Sec.  77.37  Discretionary review.

    (a) The sponsor of any proposed construction or alteration or any 
person who stated a substantial aeronautical objection to it in an 
aeronautical study, or any person who has a substantial aeronautical 
objection to it but was not given an opportunity to state it, may 
petition the Administrator, within 30 days after issuance of the 
determination under Sec.  77.19 or Sec.  77.35 or revision or extension 
of the determination under Sec.  77.39(c), for a review of the 
determination, revision, or extension. This paragraph does not apply to 
any acknowledgment issued under Sec.  77.19(c)(1).
    (b) The petition must be in triplicate and contain a full statement 
of the basis upon which it is made.
    (c) The Administrator examines each petition and decides whether a 
review will be made and, if so, whether it will be:
    (1) A review on the basis of written materials, including study of a 
report by the Regional Manager, Air Traffic Division of the aeronautical 
study, briefs, and related submissions by any interested party, and 
other relevant facts, with the Administrator affirming, revising, or 
reversing the determination issued under Sec.  77.19, Sec.  77.35 or 
Sec.  77.39(c); or
    (2) A review on the basis of a public hearing, conducted in 
accordance with the procedures prescribed in subpart E of this part.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-3, 32 
FR 6970, May 6, 1967; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]



Sec.  77.39  Effective period of determination of no hazard.

    (a) Unless it is otherwise extended, revised, or terminated, each 
final determination of no hazard made under this subpart or subpart B or 
E of this part expires 18 months after its effective date, regardless of 
whether the proposed construction or alteration has been started, or on 
the date the proposed construction or alteration is abandoned, whichever 
is earlier.
    (b) In any case, including a determination to which paragraph (d) of 
this section applies, where the proposed construction or alteration has 
not been started during the applicable period by actual structural work, 
such as the laying of a foundation, but not including excavation, any 
interested person may, at least 15 days before the date the final 
determination expires, petition the FAA official who issued the 
determination to:
    (1) Revise the determination based on new facts that change the 
basis on which it was made; or
    (2) Extend its effective period.
    (c) The FAA official who issued the determination reviews each 
petition presented under paragraph (b) of this section, and revises, 
extends, or affirms the determination as indicated by his findings.
    (d) In any case in which a final determination made under this 
subpart or subpart B or E of this part relates to proposed construction 
or alteration that may not be started unless the Federal Communications 
Commission issues an appropriate construction permit, the effective 
period of each final determination includes--
    (1) The time required to apply to the Commission for a construction 
permit, but not more than 6 months after the

[[Page 167]]

effective date of the determination; and
    (2) The time necessary for the Commission to process the application 
except in a case where the Administrator determines a shorter effective 
period is required by the circumstances.
    (e) If the Commission issues a construction permit, the final 
determination is effective until the date prescribed for completion of 
the construction. If the Commission refuses to issue a construction 
permit, the final determination expires on the date of its refusal.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968]



        Subpart E_Rules of Practice for Hearings Under Subpart D



Sec.  77.41  Scope.

    This subpart applies to hearings held by the FAA under titles I, 
III, and X of the Federal Aviation Act of 1958 (49 U.S.C. subchapters I, 
III, and X), on proposed construction or alteration that affects the use 
of navigable airspace.



Sec.  77.43  Nature of hearing.

    Sections 4, 5, 7, and 8 of the Administrative Procedure Act (5 
U.S.C. 1003, 1004, 1006, and 1007) do not apply to hearings held on 
proposed construction or alteration to determine its effect on the 
safety of aircraft and the efficient use of navigable airspace because 
those hearings are factfinding in nature. As a factfinding procedure, 
each hearing is nonadversary and there are no formal pleadings or 
adverse parties.



Sec.  77.45  Presiding officer.

    (a) If, under Sec.  79.37, the Administrator grants a public hearing 
on any proposed construction or alteration covered by this part, the 
Director, Air Traffic Operations Service designates an FAA employee to 
be the presiding officer at the hearing.
    (b) The presiding officer may:
    (1) Give notice of the date and location of the hearing and any 
prehearing conference that may be held;
    (2) Administer oaths and affirmations;
    (3) Examine witnesses;
    (4) Issue subpoenas and take depositions or have them taken;
    (5) Obtain, in the form of a public record, all pertinent and 
relevant facts relating to the subject matter of the hearing;
    (6) Rule, with the assistance of the legal officer, upon the 
admissibility of evidence;
    (7) Regulate the course and conduct of the hearing; and
    (8) Designate parties to the hearing and revoke those designations.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-11, 54 
FR 39292, Sept. 25, 1989]



Sec.  77.47  Legal officer.

    The Chief Counsel designates a member of his staff to serve as legal 
officer at each hearing under this subpart. The legal officer may 
examine witnesses and assist and advise the presiding officer on 
questions of evidence or other legal questions arising during the 
hearing.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended at 38 FR 26444, 
Sept. 17, 1973]



Sec.  77.49  Notice of hearing.

    In designating a time and place for a hearing under this subpart the 
presiding officer considers the needs of the FAA and the convenience of 
the parties and witnesses. The time and place of each hearing is 
published in the ``Notices'' section of the Federal Register before the 
date of the hearing, unless the notice is impractical or unnecessary.



Sec.  77.51  Parties to the hearing.

    The presiding officer designates the following as parties to the 
hearing--
    (a) The proponent of the proposed construction or alteration.
    (b) Those persons whose activities would be substantially affected 
by the proposed construction or alteration.



Sec.  77.53  Prehearing conference.

    (a) The presiding officer may, in his discretion, hold a prehearing 
conference with the parties to the hearing and the legal officer before 
the hearing.

[[Page 168]]

    (b) At the direction of the presiding officer, each party to a 
prehearing conference shall submit a brief written statement of the 
evidence he intends to provide through his witnesses and by questioning 
other witnesses at the hearing, and shall provide enough copies of the 
statement so that the presiding officer may keep three for the FAA and 
give one to each other party.
    (c) At the prehearing conference, the presiding officer reduces and 
simplifies the subject matter of the hearing so far as possible and 
advises the parties of the probable order of presenting the evidence.



Sec.  77.55  Examination of witnesses.

    (a) Each witness at a hearing under this subpart shall, after being 
sworn by the presiding officer, give his testimony under oath.
    (b) The party for whom a witness, other than an employee of the FAA, 
is testifying shall examine that witness. After that examination, other 
parties to the hearing may examine the witness, in the order fixed by 
the presiding officer. The presiding officer and the legal officer may 
then examine the witness. The presiding officer may grant any party an 
additional opportunity to examine any witness, if that party adequately 
justifies the additional examination.
    (c) The legal officer examines each FAA employee who is a witness, 
before the other parties examine him. After that examination, the order 
prescribed in paragraph (b) of this section applies. An FAA employee may 
testify only as to facts within his personal knowledge and the 
application of FAA regulations, standards, and policies.



Sec.  77.57  Evidence.

    (a) The presiding officer receives all testimony and exhibits that 
are relevant to the issues of the hearing. So far as possible, each 
party shall submit enough copies of his exhibits that the presiding 
officer may keep three copies for the FAA and give one to each other 
party.
    (b) The presiding officer excludes any testimony that is irrelevant, 
unduly repetitious, or consists of statements made during an 
aeronautical study in an effort to reconcile or compromise aviation or 
construction or alteration requirements. A party to the hearing may 
object to the admission of evidence only on the ground that it is 
irrelevant.



Sec.  77.59  Subpoenas of witnesses and exhibits.

    (a) The presiding officer of a hearing may issue subpoenas for any 
witness or exhibit that he determines may be material and relevant to 
the issues of the hearing. So far as possible, each party to the hearing 
shall provide the witnesses and exhibits that he intends to present at 
the hearing.
    (b) If any party to the hearing is unable to provide his necessary 
witnesses and exhibits, he shall advise the presiding officer far enough 
in advance that the presiding officer can determine whether he should 
issue subpoenas for the desired witnesses or exhibits.



Sec.  77.61  Revision of construction or alteration proposal.

    (a) The sponsor of any proposed construction or alteration covered 
by this part may revise his proposal at any time before or during the 
hearing. If he revises it, the presiding officer decides whether the 
revision affects the proposal to the extent that he should send it to 
the Administrator for a redetermination of the need for a hearing.
    (b) If the presiding officer decides that it does not need to be 
resubmitted to the Administrator, he advises the parties of the revised 
proposal and takes the action necessary to allow all parties to 
effectively participate in the hearing on the revised proposal. Without 
limiting his discretion, the presiding officer may recess and reconvene 
the hearing, or hold another prehearing conference.



Sec.  77.63  Record of hearing.

    (a) Each hearing is recorded verbatim by an official reporter under 
an FAA contract. The transcript, and all exhibits, become a part of the 
record of the hearing.
    (b) Any person may buy a copy of the transcript of the hearing from 
the reporter at the price fixed for it.

[[Page 169]]

    (c) The presiding officer may allow any party to withdraw an 
original document if he submits authenticated copies of it.
    (d) Any person may buy, from the FAA, photostatic copies of any 
exhibit by paying the copying costs.
    (e) A change in the official transcript of a hearing may be made 
only if it involves an error of substance. Any recommendation to correct 
the transcript must be filed with the presiding officer within 5 days 
after the hearing closes. The presiding officer reviews each request for 
a correction to the extent he considers appropriate and shall make any 
revisions that he finds appropriate as a result of that review.



Sec.  77.65  Recommendations by parties.

    Within 20 days after the mailing of the record of hearing by the 
official reporter, or as otherwise directed by the presiding officer, 
each party may submit to the presiding officer five copies of his 
recommendations for a final decision to be made by the Administrator.



Sec.  77.67  Final decision of the Administrator.

    After reviewing the evidence relevant to the questions of fact in a 
hearing, including the official transcript and the exhibits, The 
Administrator resolves all these questions, based on the weight of 
evidence, and makes his determination, stating the basis and reasons for 
it. He then issues an appropriate order to be served on each of the 
parties.



Sec.  77.69  Limitations on appearance and representation.

    (a) A former officer or employee of the FAA may not appear on behalf 
of, or represent, any party before the FAA in connection with any matter 
to which this part applies, if he considered or passed on that matter 
while he was an officer or employee of the FAA.
    (b) A person appearing before the FAA on any matter to which this 
part applies may not, in connection with that appearance, knowingly 
accept assistance from, or share fees with, any person who is prohibited 
by paragraph (a) of this section, from appearing himself on that matter.
    (c) A former official or employee of the FAA may not, within 6 
months after he ceases to be such an officer or employee, appear before 
the FAA on behalf of, or represent, any party in connection with any 
proceeding that was pending under this part while he was an officer or 
employee of the FAA, unless he obtains written consent from an 
appropriate officer of the FAA, based on a verified showing that he did 
not personally consider the matter concerned or gain particular 
knowledge of it while he was an officer or employee of the FAA.



              Subpart F_Establishment of Antenna Farm Areas



Sec.  77.71  Scope.

    (a) This subpart establishes antenna farm areas in which antenna 
structures may be grouped to localize their effect on the use of 
navigable airspace.
    (b) It is the policy of the FAA to encourage the use of antenna 
farms and the single structure-multiple antenna concept for radio and 
television towers whenever possible. In considering proposals for 
establishing antenna farm areas, it considers as far as possible the 
revision of aeronautical procedures and operations to accommodate 
antenna structures that will fulfill broadcasting requirements.



Sec.  77.73  General provisions.

    (a) An antenna farm area consists of a specified geographical 
location with established dimensions of area and height, where antenna 
towers with a common impact on aviation may be grouped. Each such area 
is established by appropriate rule making action.
    (b) Each proposal for an antenna farm area is evaluated on the basis 
of its effect on the use of navigable airspace. The views of the Federal 
Communications Commission are requested on the effect that each 
establishment of an antenna farm area would have on its statutory 
responsibilities. Any views submitted by it are fully considered before 
the antenna farm concerned is established. If the Commission advises 
that the establishment of any proposed antenna farm area would

[[Page 170]]

interfere with its statutory responsibility, the proposed area is not 
established.
    (c) The establishment of an antenna farm area is considered whenever 
it is proposed by:
    (1) The FAA;
    (2) The Federal Communications Commission;
    (3) The sponsor of a proposed antenna tower; or
    (4) Any other person having a substantial interest in a proposed 
antenna tower.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-10, 37 
FR 4705, Mar. 4, 1972]



Sec.  77.75  Establishment of antenna farm areas.

    The airspace areas described in the following sections of this 
subpart are established as antenna farm areas.

    Note: Sections 77.77 through 77.1100 reserved for descriptions of 
antenna farm areas.

[[Page 171]]



          SUBCHAPTER F_AIR TRAFFIC AND GENERAL OPERATING RULES





PART 91_GENERAL OPERATING AND FLIGHT RULES--Table of Contents




Special Federal Aviation Regulation No. 50-2
Special Federal Aviation Regulation No. 60
Special Federal Aviation Regulation No. 65-1
Special Federal Aviation Regulation No. 71
Special Federal Aviation Regulation No. 77
Special Federal Aviation Regulation No. 79
Special Federal Aviation Regulation No. 87
Special Federal Aviation Regulation No. 94
Special Federal Aviation Regulation No. 97

                            Subpart A_General

Sec.
91.1 Applicability.
91.3 Responsibility and authority of the pilot in command.
91.5 Pilot in command of aircraft requiring more than one required 
          pilot.
91.7 Civil aircraft airworthiness.
91.9 Civil aircraft flight manual, marking, and placard requirements.
91.11 Prohibition on interference with crewmembers.
91.13 Careless or reckless operation.
91.15 Dropping objects.
91.17 Alcohol or drugs.
91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant 
          drugs or substances.
91.21 Portable electronic devices.
91.23 Truth-in-leasing clause requirement in leases and conditional 
          sales contracts.
91.25 Aviation Safety Reporting Program: Prohibition against use of 
          reports for enforcement purposes.
91.27-91.99 [Reserved]

                         Subpart B_Flight Rules

                                 General

91.101 Applicability.
91.103 Preflight action.
91.105 Flight crewmembers at stations.
91.107 Use of safety belts, shoulder harnesses, and child restraint 
          systems.
91.109 Flight instruction; Simulated instrument flight and certain 
          flight tests.
91.111 Operating near other aircraft.
91.113 Right-of-way rules: Except water operations.
91.115 Right-of-way rules: Water operations.
91.117 Aircraft speed.
91.119 Minimum safe altitudes: General.
91.121 Altimeter settings.
91.123 Compliance with ATC clearances and instructions.
91.125 ATC light signals.
91.126 Operating on or in the vicinity of an airport in Class G 
          airspace.
91.127 Operating on or in the vicinity of an airport in Class E 
          airspace.
91.129 Operations in Class D airspace.
91.130 Operations in Class C airspace.
91.131 Operations in Class B airspace.
91.133 Restricted and prohibited areas.
91.135 Operations in Class A airspace.
91.137 Temporary flight restrictionsin the vicinity of disaster/hazard 
          areas.
91.138 Temporary flight restrictions in national disaster areas in the 
          State of Hawaii.
91.139 Emergency air traffic rules.
91.141 Flight restrictions in the proximity of the Presidential and 
          other parties.
91.143 Flight limitation in the proximity of space flight operations.
91.144 Temporary restriction on flight operations during abnormally high 
          barometric pressure conditions.
91.145 Management of aircraft operations in the vicinity of aerial 
          demonstrations and major sporting events.
91.146-91.149 [Reserved]

                           Visual Flight Rules

91.151 Fuel requirements for flight in VFR conditions.
91.153 VFR flight plan: Information required.
91.155 Basic VFR weather minimums.
91.157 Special VFR weather minimums.
91.159 VFR cruising altitude or flight level.
91.161-91.165 [Reserved]

                         Instrument Flight Rules

91.167 Fuel requirements for flight in IFR conditions.
91.169 IFR flight plan: Information required.
91.171 VOR equipment check for IFR operations.
91.173 ATC clearance and flight plan required.
91.175 Takeoff and landing under IFR.
91.177 Minimum altitudes for IFR operations.
91.179 IFR cruising altitude or flight level.
91.180 Operations within airspace designated as Reduced Vertical 
          Separation Minimum airspace.

[[Page 172]]

91.181 Course to be flown.
91.183 IFR radio communications.
91.185 IFR operations: Two-way radio communications failure.
91.187 Operation under IFR in controlled airspace: Malfunction reports.
91.189 Category II and III operations: General operating rules.
91.191 Category II and Category III manual.
91.193 Certificate of authorization for certain Category II operations.
91.195-91.199 [Reserved]

      Subpart C_Equipment, Instrument, and Certificate Requirements

91.201 [Reserved]
91.203 Civil aircraft: Certifications required.
91.205 Powered civil aircraft with standard category U.S. airworthiness 
          certificates: Instrument and equipment requirements.
91.207 Emergency locator transmitters.
91.209 Aircraft lights.
91.211 Supplemental oxygen.
91.213 Inoperative instruments and equipment.
91.215 ATC transponder and altitude reporting equipment and use.
91.217 Data correspondence between automatically reported pressure 
          altitude data and the pilot's altitude reference.
91.219 Altitude alerting system or device: Turbojet-powered civil 
          airplanes.
91.221 Traffic alert and collision avoidance system equipment and use.
91.223 Terrain awareness and warning system.
91.224-91.299 [Reserved]

                   Subpart D_Special Flight Operations

91.301 [Reserved]
91.303 Aerobatic flight.
91.305 Flight test areas.
91.307 Parachutes and parachuting.
91.309 Towing: Gliders.
91.311 Towing: Other than under Sec.  91.309.
91.313 Restricted category civil aircraft: Operating limitations.
91.315 Limited category civil aircraft: Operating limitations.
91.317 Provisionally certificated civil aircraft: Operating limitations.
91.319 Aircraft having experimental certificates: Operating limitations.
91.321 Carriage of candidates in Federal elections.
91.323 Increased maximum certificated weights for certain airplanes 
          operated in Alaska.
91.325 Primary category aircraft: Operating limitations.
91.326-91.399 [Reserved]

     Subpart E_Maintenance, Preventive Maintenance, and Alterations

91.401 Applicability.
91.403 General.
91.405 Maintenance required.
91.407 Operation after maintenance, preventive maintenance, rebuilding, 
          or alteration.
91.409 Inspections.
91.410 Special maintenance program requirements.
91.411 Altimeter system and altitude reporting equipment tests and 
          inspections.
91.413 ATC transponder tests and inspections.
91.415 Changes to aircraft inspection programs.
91.417 Maintenance records.
91.419 Transfer of maintenance records.
91.421 Rebuilt engine maintenance records.
91.423-91.499 [Reserved]

Subpart F_Large and Turbine-Powered Multiengine Airplanes and Fractional 
                       Ownership Program Aircraft

91.501 Applicability.
91.503 Flying equipment and operating information.
91.505 Familiarity with operating limitations and emergency equipment.
91.507 Equipment requirements: Over-the-top or night VFR operations.
91.509 Survival equipment for overwater operations.
91.511 Radio equipment for overwater operations.
91.513 Emergency equipment.
91.515 Flight altitude rules.
91.517 Passenger information.
91.519 Passenger briefing.
91.521 Shoulder harness.
91.523 Carry-on baggage.
91.525 Carriage of cargo.
91.527 Operating in icing conditions.
91.529 Flight engineer requirements.
91.531 Second in command requirements.
91.533 Flight attendant requirements.
91.535 Stowage of food, beverage, and passenger service equipment during 
          aircraft movement on the surface, takeoff, and landing.
91.537-91.599 [Reserved]

Subpart G_Additional Equipment and Operating Requirements for Large and 
                       Transport Category Aircraft

91.601 Applicability.
91.603 Aural speed warning device.
91.605 Transport category civil airplane weight limitations.
91.607 Emergency exits for airplanes carrying passengers for hire.
91.609 Flight recorders and cockpit voice recorders.
91.611 Authorization for ferry flight with one engine inoperative.
91.613 Materials for compartment interiors.

[[Page 173]]

91.615-91.699 [Reserved]

Subpart H_Foreign Aircraft Operations and Operations of U.S.-Registered 
Civil Aircraft Outside of the United States; and Rules Governing Persons 
                         on Board Such Aircraft

91.701 Applicability.
91.702 Persons on board.
91.703 Operations of civil aircraft of U.S. registry outside of the 
          United States.
91.705 Operations within airspace designated as Minimum Navigation 
          Performance Specification Airspace.
91.706 Operations within airspace designed as Reduced Vertical 
          Separation Minimum Airspace.
91.707 Flights between Mexico or Canada and the United States.
91.709 Operations to Cuba.
91.711 Special rules for foreign civil aircraft.
91.713 Operation of civil aircraft of Cuban registry.
91.715 Special flight authorizations for foreign civil aircraft.
91.717-91.799 [Reserved]

                    Subpart I_Operating Noise Limits

91.801 Applicability: Relation to part 36.
91.803 Part 125 operators: Designation of applicable regulations.
91.805 Final compliance: Subsonic airplanes.
91.807--91.813 [Reserved]
91.815 Agricultural and fire fighting airplanes: Noise operating 
          limitations.
91.817 Civil aircraft sonic boom.
91.819 Civil supersonic airplanes that do not comply with part 36.
91.821 Civil supersonic airplanes: Noise limits.
91.823-91.849 [Reserved]
91.851 Definitions.
91.853 Final compliance: Civil subsonic airplanes.
91.855 Entry and nonaddition rule.
91.857 Stage 2 operations outside of the 48 contiguous United States.
91.858 Special flight authorizations for non-revenue Stage 2 operations.
91.859 [Reserved]
91.861 Base level.
91.863 Transfers of Stage 2 airplanes with base level.
91.865 Phased compliance for operators with base level.
91.867 Phased compliance for new entrants.
91.869 Carry-forward compliance.
91.871 Waivers from interim compliance requirements.
91.873 Waivers from final compliance.
91.875 Annual progress reports.
91.877 Annual reporting of Hawaiian operations.
91.879-91.899 [Reserved]

                            Subpart J_Waivers

91.901 [Reserved]
91.903 Policy and procedures.
91.905 List of rules subject to waivers.
91.907-91.999 [Reserved]

                Subpart K_Fractional Ownership Operations

91.1001 Applicability.
91.1002 Compliance date.
91.1003 Management contract between owner and program manager.
91.1005 Prohibitions and limitations.
91.1007 Flights conducted under part 121 or part 135 of this chapter.
91.1009 Clarification of operational control.
91.1011 Operational control responsibilities and delegation.
91.1013 Operational control briefing and acknowledgment.
91.1014 Issuing or denying management specifications.
91.1015 Management specifications.
91.1017 Amending program manager's management specifications.
91.1019 Conducting tests and inspections.
91.1021 Internal safety reporting and incident/accident response.
91.1023 Program operating manual requirements.
91.1025 Program operating manual contents.
91.1027 Recordkeeping.
91.1029 Flight scheduling and locating requirements.
91.1031 Pilot in command or second in command: Designation required.
91.1033 Operating information required.
91.1035 Passenger awareness.
91.1037 Large transport category airplanes: Turbine engine powered; 
          Limitations; Destination and alternate airports.
91.1039 IFR takeoff, approach and landing minimums.
91.1041 Aircraft proving and validation tests.
91.1043 [Reserved]
91.1045 Additional equipment requirements.
91.1047 Drug and alcohol misuse education program.
91.1049 Personnel.
91.1051 Pilot safety background check.
91.1053 Crewmember experience.
91.1055 Pilot operating limitations and pairing requirement.
91.1057 Flight, duty and rest time requirements; All crewmembers.
91.1059 Flight time limitations and rest requirements: One or two pilot 
          crews.
91.1061 Augmented flight crews.
91.1062 Duty periods and rest requirements: Flight attendants.
91.1063 Testing and training: Applicability and terms used.
91.1065 Initial and recurrent pilot testing requirements.

[[Page 174]]

91.1067 Initial and recurrent flight attendant crewmember testing 
          requirements.
91.1069 Flight crew: Instrument proficiency check requirements.
91.1071 Crewmember: Tests and checks, grace provisions, training to 
          accepted standards.
91.1073 Training program: General.
91.1075 Training program: Special rules.
91.1077 Training program and revision: Initial and final approval.
91.1079 Training program: Curriculum.
91.1081 Crewmember training requirements.
91.1083 Crewmember emergency training.
91.1085 Hazardous materials recognition training.
91.1087 Approval of aircraft simulators and other training device.
91.1089 Qualifications: Check pilots (aircraft) and check pilots 
          (simulator).
91.1091 Qualifications: Flight instructors (aircraft) and flight 
          instructors (simulator).
91.1093 Initial and transition training and checking: Check pilots 
          (aircraft), check pilots (simulator).
91.1095 Initial and transition training and checking: Flight instructors 
          (aircraft), flight instructors (simulator).
91.1097 Pilot and flight attendant crewmember training programs.
91.1099 Crewmember initial and recurrent training requirements.
91.1101 Pilots: Initial, transition, and upgrade ground training.
91.1103 Pilots: Initial, transition, upgrade, requalification, and 
          differences flight training.
91.1105 Flight attendants: Initial and transition ground training.
91.1107 Recurrent training.
91.1109 Aircraft maintenance: Inspection program.
91.1111 Maintenance training.
91.1113 Maintenance recordkeeping.
91.1115 Inoperable instruments and equipment.
91.1411 Continuous airworthiness maintenance program use by fractional 
          ownership program manager.
91.1413 CAMP: Responsibility for airworthiness.
91.1415 CAMP: Mechanical reliability reports.
91.1417 CAMP: Mechanical interruption summary report.
91.1423 CAMP: Maintenance organization.
91.1425 CAMP: Maintenance, preventive maintenance, and alteration 
          programs.
91.1427 CAMP: Manual requirements.
91.1429 CAMP: Required inspection personnel.
91.1431 CAMP: Continuing analysis and surveillance.
91.1433 CAMP: Maintenance and preventive maintenance training program.
91.1435 CAMP: Certificate requirements.
91.1437 CAMP: Authority to perform and approve maintenance.
91.1439 CAMP: Maintenance recording requirements.
91.1441 CAMP: Transfer of maintenance records.
91.1443 CAMP: Airworthiness release or aircraft maintenance log entry.

Appendix A to Part 91--Category II Operations: Manual, Instruments, 
          Equipment, and Maintenance
Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec.  91.817)
Appendix C to Part 91--Operations in the North Atlantic (NAT) Minimum 
          Navigation Performance Specifications (MNPS) Airspace
Appendix D to Part 91--Airports/Locations: Special Operating 
          Restrictions
Appendix E to Part 91--Airplane Flight Recorder Specifications
Appendix F to Part 91--Helicopter Flight Recorder Specifications
Appendix G to Part 91--Operations in Reduced Vertical Separation Minimum 
          (RVSM) Airspace

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 
and 29 of the Convention on International Civil Aviation (61 stat. 
1180).

 Special Federal Aviation Regulation No. SFAR No. 50-2--Special Flight 
       Rules in the Vicinity of the Grand Canyon National Park, AZ

    Section 1. Applicability. This rule prescribes special operating 
rules for all persons operating aircraft in the following airspace, 
designated as the Grand Canyon National Park Special Flight Rules Area:
    That airspace extending upward from the surface up to but not 
including 14,500 feet MSL within an area bounded by a line beginning at 
lat. 36[deg]09[min]30[sec] N., long. 114[deg]03[min]00[sec] W.; 
northeast to lat. 36[deg]14[min]00[sec] N., long. 113[deg]09[min]50[sec] 
W.; thence northeast along the boundary of the Grand Canyon National 
Park to lat. 36[deg]24[min]47[sec] N., long. 112[deg]52[min]00[sec] W.; 
to lat. 36[deg]30[min]30[sec] N., long. 112[deg]36[min]15[sec] W. to 
lat. 36[deg]21[min]30[sec] N., long. 112[deg]00[min]00[sec] W. to lat. 
36[deg]35[min]30[sec] N., long. 111[deg]53[min]10[sec] W., to lat. 
36[deg]53[min]00[sec] N., long. 111[deg]36[min]45[sec] W. to lat. 
36[deg]53[min]00[sec] N., long. 111[deg]33[min]00[sec] W.; to lat. 
36[deg]19[min]00[sec] N., long. 111[deg]50[min]50[sec] W.; to lat. 
36[deg]17[min]00[sec] N., long. 111[deg]42[min]00[sec] W.; to lat. 
35[deg]59[min]30[sec] N., long. 111[deg]42[min]00[sec] W.; to lat. 
35[deg]57[min]30[sec] N., long. 112[deg]03[min]55[sec] W.; thence 
counterclockwise via the 5 statute mile radius of the Grand Canyon 
Airport airport reference point (lat. 35[deg]57[min]09[sec] N., long. 
112[deg]08[min]47[sec] W.) to lat. 35[deg]57[min]30[sec] N., long. 
112[deg]14[min]00[sec] W.; to lat. 35[deg]57[min]30[sec] N., long. 
113[deg]11[min]00[sec] W.; to lat. 35[deg]42[min]30[sec] N., long. 
113[deg]11[min]00[sec] W.; to 35[deg]38[min]30[sec] N.; long. 
113[deg]27[min]30[sec]

[[Page 175]]

W.; thence counterclockwise via the 5 statute mile radius of the Peach 
Springs VORTAC to lat. 35[deg]41[min]20[sec] N., long. 
113[deg]36[min]00[sec] W.; to lat. 35[deg]55[min]25[sec] N., long. 
113[deg]49[min]10[sec] W.; to lat. 35[deg]57[min]45[sec] N., 
113[deg]45[min]20[sec] W.; thence northwest along the park boundary to 
lat. 36[deg]02[min]20[sec] N., long. 113[deg]50[min]15[sec] W.; to 
36[deg]00[min]10[sec] N., long. 113[deg]53[min]45[sec] W.; thence to the 
point of beginning.
    Section 3. Aircraft operations: general. Except in an emergency, no 
person may operate an aircraft in the Special Flight Rules, Area under 
VFR on or after September 22, 1988, or under IFR on or after April 6, 
1989, unless the operation--(a) Is conducted in accordance with the 
following procedures:
    Note: The following procedures do not relieve the pilot from see-
and-avoid responsibility or compliance with FAR 91.119.
    (1) Unless necessary to maintain a safe distance from other aircraft 
or terrain--
    (i) Remain clear of the areas described in Section 4; and
    (ii) Remain at or above the following altitudes in each sector of 
the canyon:
    Eastern section from Lees Ferry to North Canyon and North Canyon to 
Boundary Ridge: as prescribed in Section 5.
    Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet MSL.
    Western section from Diamond Creek to the Grant Wash Cliffs: 8,000 
feet MSL.
    (2) Proceed through the four flight corridors describe in Section 4 
at the following altitudes unless otherwise authorized in writing by the 
Flight Standards District Office:

                               Northbound

    11,500 or
    13,500 feet MSL

                               Southbound

    10,500 or
    12,500 feet MSL
    (b) Is authorized in writing by the Flight Standards District Office 
and is conducted in compliance with the conditions contained in that 
authorization. Normally authorization will be granted for operation in 
the areas described in Section 4 or below the altitudes listed in 
Section 5 only for operations of aircraft necessary for law enforcement, 
firefighting, emergency medical treatment/evacuation of persons in the 
vicinity of the Park; for support of Park maintenance or activities; or 
for aerial access to and maintenance of other property located within 
the Special Flight Rules Area. Authorization may be issued on a 
continuing basis. (c)(1) Prior to November 1, 1988, is conducted in 
accordance with a specific authorization to operate in that airspace 
incorporated in the operator's part 135 operations specifications in 
accordance with the provisions of SFAR 50-1, notwithstanding the 
provisions of Sections 4 and 5; and
    (2) On or after November 1, 1988, is conducted in accordance with a 
specific authorization to operate in that airspace incorporated in the 
operated in the operator's operations specifications and approved by the 
Flight Standards District Office in accordance with the provisions of 
SFAR 50-2.
    (d) Is a search and rescue mission directed by the U.S. Air Force 
Rescue Coordination Center.
    (e) Is conducted within 3 nautical miles of Whitmore Airstrip, 
Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or 
Marble Canyon Airstrip at an altitudes less than 3,000 feet above 
airport elevation, for the purpose of landing at or taking off from that 
facility. Or
    (f) Is conducted under an IFR clearance and the pilot is acting in 
accordance with ATC instructions. An IFR flight plan may not be filed on 
a route or at an altitude that would require operation in an area 
described in Section 4.
    Section 4. Flight-free zones. Except in an emergency or if otherwise 
necessary for safety of flight, or unless otherwise authorized by the 
Flight Standards District Office for a purpose listed in Section 3(b), 
no person may operate an aircraft in the Special Flight Rules Area 
within the following areas:
    (a) Desert View Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 35[deg]59[min]30[sec] N., Long. 111[deg]46[min]20[sec] 
W. to 35[deg]59[min]30[sec] N., Long. 111[deg]52[min]45[sec] W.; to Lat. 
36[deg]04[min]50[sec] N., Long. 111[deg]52[min]00[sec] W.; to Lat. 
36[deg]06[min]00[sec] N., Long. 111[deg]46[min]20[sec] W.; to the point 
of origin; but not including the airspace at and above 10,500 feet MSL 
within 1 mile of the western boundary of the zone. The area between the 
Desert View and Bright Angel Flight-Free Zones is designated the ``Zuni 
Point Corridor.''
    (b) Bright Angel Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 35[deg]59[min]30[sec] N., Long. 111[deg]55[min]30[sec] 
W.; to Lat. 35[deg]59[min]30[sec] N., Long. 112[deg]04[min]00[sec] W.; 
thence counterclockwise via the 5 statute mile radius of the Grand 
Canyon Airport point (Lat. 35[deg]57[min]09[sec] N., Long. 
112[deg]08[min]47[sec] W.) to Lat. 36[deg]01[min]30[sec] N., Long. 
112[deg]11[min]00[sec] W.; to Lat. 36[deg]06[min]15[sec] N., Long. 
112[deg]12[min]50[sec] W.; to Lat. 36[deg]14[min]40[sec] N., Long. 
112[deg]08[min]50[sec] W.; to Lat. 36[deg]14[min]40[sec] N., Long. 
111[deg]57[min]30[sec] W.; to Lat. 36[deg]12[min]30[sec] N., Long. 
111[deg]53[min]50[sec] W.; to the point of origin; but not including the 
airspace at and above 10,500 feet MSL within 1 mile of the eastern 
boundary between the southern boundary and Lat. 36[deg]04[min]50[sec] N. 
or the airspace at and above 10,500 feet MSL within 2 miles of the 
northwest boundary. The area bounded by the Bright Angel and Shinumo 
Flight-Free Zones is designated the ``Dragon Corridor.''
    (c) Shinumo Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 36[deg]04[min]00[sec] N., Long. 112[deg]16[min]40[sec] 
W.; northwest

[[Page 176]]

along the park boundary to a point at Lat. 36[deg]12[min]47[sec] N., 
Long. 112[deg]30[min]53[sec] W.; to Lat. 36[deg]21[min]15[sec] N., Long. 
112[deg]20[min]20[sec] W.; east along the park boundary to Lat. 
36[deg]21[min]15[sec] N., Long. 112[deg]13[min]55[sec] W.; to Lat. 
36[deg]14[min]40[sec] N., Long. 112[deg]11[min]25[sec] W.; to the point 
of origin. The area between the Thunder River/Toroweap and Shinumo 
Flight Free Zones is designated the ``Fossil Canyon Corridor.''
    (d) Toroweap/Thunder River Flight-Free Zone. Within an area bounded 
by a line beginning at Lat. 36[deg]22[min]45[sec] N., Long. 
112[deg]20[min]35[sec] W.; thence northwest along the boundary of the 
Grand Canyon National Park to Lat. 36[deg]17[min]48[sec] N., Long. 
113[deg]03[min]15[sec] W.; to Lat. 36[deg]15[min]00[sec] N., Long. 
113[deg]07[min]10[sec] W.; to Lat. 36[deg]10[min]30[sec] N., Long. 
113[deg]07[min]10[sec] W.; thence east along the Colorado River to the 
confluence of Havasu Canyon (Lat. 36[deg]18[min]40[sec] N., Long. 
112[deg]45[min]45[sec] W.;) including that area within a 1.5 nautical 
mile radius of Toroweap Overlook (Lat. 36[deg]12[min]45[sec] N., Long. 
113[deg]03[min]30[sec] W.); to the point of origin; but not including 
the following airspace designated as the ``Tuckup Corridor'': at or 
above 10,500 feet MSL within 2 nautical miles either side of a line 
extending between Lat. 36[deg]24[min]47[sec] N., Long. 
112[deg]48[min]50[sec] W. and Lat. 36[deg]17[min]10[sec] N., Long. 
112[deg]48[min]50[sec] W.; to the point of origin.
    Section 5. Minimum flight altitudes. Except in an emergency or if 
otherwise necessary for safety of flight, or unless otherwise authorized 
by the Flight Standards District Office for a purpose listed in Section 
3(b), no person may operate an aircraft in the Special Flight Rules Area 
at an altitude lower than the following:
    (a) Eastern section from Lees Ferry to North Canyon: 5,000 feet MSL.
    (b) Eastern section from North Canyon to Boundary Ridge: 6,000 feet 
MSL.
    (c) Boundary Ridge to Supai (Yumtheska) Point: 7,500 feet MSL.
    (d) Supai Point to Diamond Creek: 6,500 feet MSL.
    (e) Western section from Diamond Creek to the Grand Wash Cliffs: 
5,000 feet MSL.
    Section 9. Termination date. Section 1. Applicability, Section 4, 
Flight-free zones, and Section 5. Minimum flight altitudes, expire on 
April 19, 2001.
    Note: An informational map of the special flight rules areas defined 
by SFAR 50-2 is available on the Office of Rulemaking's website at 
http://www.faa.gov/avr/armhome.htm. A paper copy is available from the 
Office of Rulemaking by calling Linda Williams at (202) 267-9685.

[66 FR 1003, Jan. 4, 2001, as amended at 66 FR 16584, Mar. 26, 2001]

 Special Federal Aviation Regulation No. 60--Air Traffic Control System 
                           Emergency Operation

    1. Each person shall, before conducting any operation under the 
Federal Aviation Regulations (14 CFR chapter I), be familiar with all 
available information concerning that operation, including Notices to 
Airmen issued under Sec.  91.139 and, when activated, the provisions of 
the National Air Traffic Reduced Complement Operations Plan available 
for inspection at operating air traffic facilities and Regional air 
traffic division offices, and the General Aviation Reservation Program. 
No operator may change the designated airport of intended operation for 
any flight contained in the October 1, 1990, OAG.
    2. Notwithstanding any provision of the Federal Aviation Regulations 
to the contrary, no person may operate an aircraft in the Air Traffic 
Control System:
    a. Contrary to any restriction, prohibition, procedure or other 
action taken by the Director of the Office of Air Traffic Systems 
Management (Director) pursuant to paragraph 3 of this regulation and 
announced in a Notice to Airmen pursuant to Sec.  91.139 of the Federal 
Aviation Regulations.
    b. When the National Air Traffic Reduced Complement Operations Plan 
is activated pursuant to paragraph 4 of this regulation, except in 
accordance with the pertinent provisions of the National Air Traffic 
Reduced Complement Operations Plan.
    3. Prior to or in connection with the implementation of the RCOP, 
and as conditions warrant, the Director is authorized to:
    a. Restrict, prohibit, or permit VFR and/or IFR operations at any 
airport, Class B airspace area, Class C airspace area, or other class of 
controlled airspace.
    b. Give priority at any airport to flights that are of military 
necessity, or are medical emergency flights, Presidential flights, and 
flights transporting critical Government employees.
    c. Implement, at any airport, traffic management procedures, that 
may include reduction of flight operations. Reduction of flight 
operations will be accomplished, to the extent practical, on a pro rata 
basis among and between air carrier, commercial operator, and general 
aviation operations. Flights cancelled under this SFAR at a high density 
traffic airport will be considered to have been operated for purposes of 
part 93 of the Federal Aviation Regulations.
    4. The Director may activate the National Air Traffic Reduced 
Complement Operations Plan at any time he finds that it is necessary for 
the safety and efficiency of the National Airspace System. Upon 
activation of the RCOP and notwithstanding any provision of

[[Page 177]]

the FAR to the contrary, the Director is authorized to suspend or modify 
any airspace designation.
    5. Notice of restrictions, prohibitions, procedures and other 
actions taken by the Director under this regulation with respect to the 
operation of the Air Traffic Control system will be announced in Notices 
to Airmen issued pursuant to Sec.  91.139 of the Federal Aviation 
Regulations.
    6. The Director may delegate his authority under this regulation to 
the extent he considers necessary for the safe and efficient operation 
of the National Air Traffic Control System.

Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 1355, 
1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 
2125; articles 12, 29, 31, and 32(a) of the Convention on International 
Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. 11514, 35 
FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 106(g).

[Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as amended by Amdt. 91-227, 
56 FR 65652, Dec. 17, 1991]

   Special Federal Aviation Regulation No. 65-1--Prohibition Against 
           Certain Flights Between the United States and Libya

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 65-1 applies to all aircraft operations originating from, landing 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 65-1--
    (a) No person shall operate an aircraft on a flight to any point in 
Libya, or to any intermediate point on a flight where the ultimate 
destination is any point in Libya or that includes a landing at any 
point in Libya in its intended itinerary, from any point in the United 
States;
    (b) No person shall operate an aircraft on a flight to any point in 
the United States from any point in Libya, or from any intermediate 
point on a flight where the origin is in Libya, or from any point on a 
flight which includes a departure from any point in Libya in its 
intended itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Libya.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Libya described in section 2 of 
this SFAR by an aircraft authorized to conduct such operations by the 
United States Government in consultation with the committee established 
by UN Security Council Resolution 748 (1992), as affirmed by UN Security 
Council Resolution 883 (1993).
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations or the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefor.
    5. Duration. This SFAR No. 65-1 shall remain in effect until further 
notice.

[SFAR 65-1, 60 FR 48644, Sept. 20, 1995]

Special Federal Aviation Regulation No. 71--Special Operating Rules for 
                Air Tour Operators in the State of Hawaii

    Section 1. Applicability. This Special Federal Aviation Regulation 
prescribes operating rules for airplane and helicopter visual flight 
rules air tour flights conducted in the State of Hawaii under 14 CFR 
parts 91, 121, and 135. This rule does not apply to:
    (a) Operations conducted under 14 CFR part 121 in airplanes with a 
passenger seating configuration of more than 30 seats or a payload 
capacity of more than 7,500 pounds.
    (b) Flights conducted in gliders or hot air balloons.
    Section 2. Definitions. For the purposes of this SFAR:
    ``Air tour'' means any sightseeing flight conducted under visual 
flight rules in an airplane or helicopter for compensation or hire.
    ``Air tour operator'' means any person who conducts an air tour.
    Section 3. Helicopter flotation equipment. No person may conduct an 
air tour in Hawaii in a single-engine helicopter beyond the shore of any 
island, regardless of whether the helicopter is within gliding distance 
of the shore, unless:
    (a) The helicopter is amphibious or is equipped with floats adequate 
to accomplish a safe emergency ditching and approved flotation gear is 
easily accessible for each occupant; or
    (b) Each person on board the helicopter is wearing approved 
flotation gear.
    Section 4. Helicopter performance plan. Each operator must complete 
a performance plan before each helicopter air tour flight. The 
performance plan must be based on the information in the Rotorcraft 
Flight Manual

[[Page 178]]

(RFM), considering the maximum density altitude for which the operation 
is planned for the flight to determine the following:
    (a) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (b) Maximum gross weight and CG limitations for hovering out of 
ground effect; and,
    (c) Maximum combination of weight, altitude, and temperature for 
which height-velocity information in the RFM. is valid.
    The pilot in command (PIC) must comply with the performance plan.
    Section 5. Helicopter operating limitations. Except for approach to 
and transition from a hover, the PIC shall operate the helicopter at a 
combination of height and forward speed (including hover) that would 
permit a safe landing in event of engine power loss, in accordance with 
the height-speed envelope for that helicopter under current weight and 
aircraft altitude.
    Section 6. Minimum flight altitudes. Except when necessary for 
takeoff and landing, or operating in compliance with an air traffic 
control clearance, or as otherwise authorized by the Administrator, no 
person may conduct an air tour in Hawaii:
    (a) Below an altitude of 1,500 feet above the surface over all areas 
of the State of Hawaii, and,
    (b) Closer than 1,500 feet to any person or property; or,
    (c) Below any altitude prescribed by federal statute or regulation.
    Section 7. Passenger briefing. Before takeoff, each PIC of an air 
tour flight of Hawaii with a flight segment beyond the ocean shore of 
any island shall ensure that each passenger has been briefed on the 
following, in addition to requirements set forth in 14 CFR 91.107, 
121.571, or 135.117:
    (a) Water ditching procedures;
    (b) Use of required flotation equipment; and
    (c) Emergency egress from the aircraft in event of a water landing.
    Section 8. Termination date. This SFAR No. 71 shall remain in effect 
until further notice.

[SFAR 71, 59 FR 49145, Sept. 26, 1994, as amended at 60 FR 65913, Dec. 
20, 1995; 62 FR 58859, Oct. 30, 1997; 65 FR 58612, Sept. 29, 2000; 68 FR 
60839, Oct. 23, 2003]

Special Federal Aviation Regulation No. 77--Prohibition Against Certain 
            Flights Within the Territory and Airspace of Iraq

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers or commercial operators;
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA except such persons operating U.S.-registered aircraft 
for a foreign air carrier; or
    (c) All operators of aircraft registered in the United States except 
where the operator of such aircraft is a foreign air carrier.
    2. Flight prohibition. No person may conduct flight operations over 
or within the territory of Iraq except as provided in paragraphs 3 and 4 
of this SFAR or except as follows:
    (a) Overflights of Iraq may be conducted above flight level (FL) 200 
subject to the approval of, and in accordance with the conditions 
established by, the appropriate authorities of Iraq.
    (b) Flights departing from countries adjacent to Iraq whose climb 
performance will not permit operation above FL 200 prior to entering 
Iraqi airspace may operate at altitudes below FL 200 within Iraq to the 
extent necessary to permit a climb above FL 200, subject to the approval 
of, and in accordance with the conditions established by, the 
appropriate authorities of Iraq.
    (c) [Reserved]
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
territory and airspace of Iraq when such operations are authorized 
either by another agency of the United States Government with the 
approval of the FAA or by an exemption issued by the Administrator.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers or commercial operators that are 
subject to the requirements of 14 CFR parts 119, 121, or 135, each 
person who deviates from this rule shall, within ten (10) days of the 
deviation, excluding Saturdays, Sundays, and Federal holidays, submit to 
the nearest FAA Flight Standards District Office a complete report of 
the operations of the aircraft involved in the deviation including a 
description of the deviation and the reasons therefore.
    5. Expiration. This Special Federal Aviation Regulation will remain 
in effect until further notice.

[Doc. No. 28691, 61 FR 54021, Oct. 16, 1996, as amended by Doc. No. FAA-
2003-14766, 68 FR 17870, Apr. 11, 2003; 68 FR 65382, Nov. 19, 2003]

Special Federal Aviation Regulation No. 79--Prohibition Against Certain 
  Flights Within the Flight Information Region (FIR) of the Democratic 
                    People's Republic of Korea (DPRK)

    1. Applicability. This rule applies to the following persons:

[[Page 179]]

    (a) All U.S. air carriers or commercial operators.
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA, except such persons operating U.S.-registered 
aircraft for a foreign air carrier.
    (c) All operators of aircraft registered in the United States except 
where the operator of such aircraft is a foreign air carrier.
    2. Flight Prohibition. Except as provided in paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations through the Pyongyang FIR west of 132 degrees east longitude.
    3. Permitted Operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
Pyongyang FIR west of 132 degrees east longitude where such operations 
are authorized either by exemption issued by the Administrator or by 
another agency of the United States Government with FAA approval.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
on an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR parts 121, 125, or 135, each 
person who deviates from this rule shall, within ten (10) days of the 
deviation, excluding Saturdays, Sundays, and Federal holidays, submit to 
the nearest FAA Flight Standards District Office a complete report of 
the operations of the aircraft involved in the deviation, including a 
description of the deviation and the reasons therefore.
    5. Expiration. This Special Federal Aviation Regulation No. 79 will 
remain in effect until further notice.

[Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as amended at 63 FR 8017, 
Feb. 17, 1998; 63 FR 19286, Apr. 17, 1998]

Special Federal Aviation Regulation No. 87--Prohibition Against Certain 
          Flights Within the Territory and Airspace of Ethiopia

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 87 applies to all U.S. air carriers or commercial operators, all 
persons exercising the privileges of an airman certificate issued by the 
FAA unless that person is engaged in the operation of a U.S.-registered 
aircraft for a foreign air carrier, and all operators using aircraft 
registered in the United States except where the operator of such 
aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided in paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Ethiopia north of 12 
degrees north latitude.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
territory and airspace of Ethiopia where such operations are authorized 
either by exemption issued by the Administrator or by an authorization 
issued by another agency of the United States Government with the 
approval of the FAA.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations of the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefor.
    5. Expiration. This Special Federal Aviation Regulation shall remain 
in effect until further notice.

[Doc. No. FAA-2000-7360; 65 FR 31215, May 16, 2000]

  SFAR NO. 94--Enhanced Security Procedures for Operations at Certain 
 Airports in the Washington, DC Metropolitan Area Special Flight Rules 
                                  Area

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
establishes rules for all persons operating an aircraft to or from the 
following airports located within the airspace designated as the 
Washington, DC Metropolitan Area Special Flight Rules Area:
    (a) College Park Airport (CGS).
    (b) Potomac Airfield (VKX).
    (c) Washington Executive/Hyde Field (W32).
    2. Definitions. For the purposes of this SFAR the following 
definitions apply:
    Administrator means the Federal Aviation Administrator, the Under 
Secretary of Transportation for Security, or any person delegated the 
authority of the Federal Aviation Administrator or Under Secretary of 
Transportation for Security.
    Washington, DC Metropolitan Area Special Flight Rules Area means 
that airspace within an area from the surface up to but not including 
Flight Level 180, bounded by a line beginning at the Washington (DCA) 
VOR/DME 300 degree radial at 15 nautical miles (Lat. 
38[deg]56[min]55[sec] N., Long. 77[deg]20[min]08[sec] W.); thence 
clockwise along the DCA 15 nautical mile arc

[[Page 180]]

to the DCA 022 degree radial at 15 nautical miles (Lat. 
39[deg]06[min]11[sec] N., Long 76[deg]57[min]51[sec] W.); thence 
southeast via a line drawn to the DCA 049 degree radial at 14 nautical 
miles (Lat. 39[deg]02[min]18[sec] N., Long. 76[deg]50[min]38[sec] W.); 
thence south via a line drawn to the DCA 064 degree radial at 13 
nautical miles (Lat. 38[deg]59[min]01[sec] N., Long. 
76[deg]48[min]32[sec] W.); thence clockwise along the DCA 13 nautical 
mile arc to the DCA 282 degree radial at 13 nautical miles (Lat. 
38[deg]52[min]14[sec] N., Long 77[deg]18[min]48[sec] W.); thence north 
via a line drawn to the point of the beginning; excluding the airspace 
within a one nautical mile radius of Freeway Airport (W00), 
Mitchellville, Md.
    3. Operating requirements.
    (a) Except as specified in paragraph 3(c) of this SFAR, no person 
may operate an aircraft to or from an airport to which this SFAR applies 
unless security procedures that meet the provisions of paragraph 4 of 
this SFAR have been approved by the Administrator for operations at that 
airport.
    (b) Except as specified in paragraph 3(c) of this SFAR, each person 
serving as a required flightcrew member of an aircraft operating to or 
from an airport to which this SFAR applies must:
    (1) Prior to obtaining authorization to operate to or from the 
airport, present to the Administrator the following:
    (i) A current and valid airman certificate;
    (ii) A current medical certificate;
    (iii) One form of Government issued picture identification; and
    (iv) A list containing the make, model, and registration number of 
each aircraft that the pilot intends to operate to or from the airport;
    (2) Successfully complete a background check by a law enforcement 
agency, which may include submission of fingerprints and the conduct of 
a criminal history, records check.
    (3) Attend a briefing acceptable to the Administrator that describes 
procedures for operating to or from the airport;
    (4) Not have been convicted or found not guilty by reason of 
insanity, in any jurisdiction, during the 10 years prior to being 
authorized to operate to or from the airport, or while authorized to 
operate to or from the airport, of those crimes specified in Sec.  
108.229 (d) of this chapter;
    (5) Not have a record on file with the FAA of:
    (i) A violation of a prohibited area designated under part 73 of 
this chapter, a flight restriction established under Sec.  91.141 of 
this chapter, or special security instructions issued under Sec.  99.7 
of this chapter; or
    (ii) More than one violation of a restricted area designated under 
part 73 of this chapter, emergency air traffic rules issued under Sec.  
91.139 of this chapter, a temporary flight restriction designated under 
Sec.  91.137, Sec.  91.138, or Sec.  91.145 of this chapter, an area 
designated under Sec.  91.143 of this chapter, or any combination 
thereof;
    (6) Be authorized by the Administrator to conduct operations to or 
from the airport;
    (7) Protect from unauthorized disclosure any identification 
information issued by the Administrator for the conduct of operations to 
or from the airport;
    (8) Operate an aircraft that is authorized by the Administrator for 
operations to or from the airport;
    (9) File an IFR or VFR flight plan telephonically with Leesburg AFSS 
prior to departure and obtain an ATC clearance prior to entering the 
Washington, DC Metropolitan Area Special Flight Rules Area;
    (10) Operate the aircraft in accordance with an open IFR or VFR 
flight plan while in the Washington, DC Metropolitan Area Special Flight 
Rules Area, unless otherwise authorized by ATC;
    (11) Maintain two-way communications with an appropriate ATC 
facility while in the Washington, DC Metropolitan Area Special Flight 
Rules Area;
    (12) Ensure that the aircraft is equipped with an operable 
transponder with altitude reporting capability and use an assigned 
discrete beacon code while operating in the Washington, DC Metropolitan 
Area Special Flight Rules Area;
    (13) Comply with any instructions issued by ATC for the flight;
    (14) Secure the aircraft after returning to the airport from any 
flight;
    (15) Comply with all additional safety and security requirements 
specified in applicable NOTAMs; and
    (16) Comply with any Transportation Security Administration, or law 
enforcement requirements to operate to or from the airport.
    (c) A person may operate a U.S. Armed Forces, law enforcement, or 
aeromedical services aircraft to or from an affected airport provided 
the operator complies with paragraphs 3(b)(10) through 3(b)(16) of this 
SFAR and any additional procedures specified by the Administrator 
necessary to provide for the security of aircraft operations to or from 
the airport.
    4. Airport Security Procedures.
    (a) Airport security procedures submitted to the Administrator for 
approval must:
    (1) Identify and provide contact information for the airport manager 
who is responsible for ensuring that the security procedures at the 
airport are implemented and maintained;
    (2) Contain procedures to identify those aircraft eligible to be 
authorized for operations to or from the airport;
    (3) Contain procedures to ensure that a current record of those 
persons authorized to conduct operations to or from the airport and the 
aircraft in which the person is authorized to conduct those operations 
is maintained at the airport;

[[Page 181]]

    (4) Contain airport arrival and departure route descriptions, air 
traffic control clearance procedures, flight plan requirements, 
communications procedures, and procedures for transponder use;
    (5) Contain procedures to monitor the security of aircraft at the 
airport during operational and non-operational hours and to alert 
aircraft owners and operators, airport operators, and the Administrator 
of unsecured aircraft;
    (6) Contain procedures to ensure that security awareness procedures 
are implemented and maintained at the airport;
    (7) Contain procedures to ensure that a copy of the approved 
security procedures is maintained at the airport and can be made 
available for inspection upon request of the Administrator;
    (8) Contain procedures to provide the Administrator with the means 
necessary to make any inspection to determine compliance with the 
approved security procedures; and
    (9) Contain any additional procedures necessary to provide for the 
security of aircraft operations to or from the airport.
    (b) Airport security procedures are approved without an expiration 
date and remain in effect unless the Administrator makes a determination 
that operations at the airport have not been conducted in accordance 
with those procedures or that those procedures must be amended in 
accordance with paragraph 4.(a)(9) of this SFAR.
    5. Waivers. The Administrator may permit an operation to or from an 
airport to which this SFAR applies, in deviation from the provisions of 
this SFAR if the Administrator finds that such action is in the public 
interest, provides the level of security required by this SFAR, and the 
operation can be conducted safely under the terms of the waiver.
    6. Delegation. The authority of the Administrator under this SFAR is 
also exercised by the Associate Administrator for Civil Aviation 
Security and the Deputy Associate Administrator for Civil Aviation 
Security. This authority may be further delegated.
    7. Expiration. This Special Federal Aviation Regulation shall remain 
in effect until February 13, 2005.

[Doc. No. FAA-2002-11580, 67 FR 7544, Feb. 19, 2002; 68 FR 7691, Feb. 
14, 2003]

    Effective Date Note: At 67 FR 7544, Feb. 19, 2002, SFAR No. 94 was 
added, effective Feb. 13, 2002, until Feb. 13, 2005.

   SFAR NO. 97--Special Operating Rules for the Conduct of Instrument 
   Flight Rules (IFR) Area Navigation (RNAV) Operations using Global 
                   Positioning Systems (GPS) in Alaska

    Those persons identified in Section 1 may conduct IFR en route RNAV 
operations in the State of Alaska and its airspace on published air 
traffic routes using TSO C145a/C146a navigation systems as the only 
means of IFR navigation. Despite contrary provisions of parts 71, 91, 
95, 121, 125, and 135 of this chapter, a person may operate aircraft in 
accordance with this SFAR if the following requirements are met.

                Section 1. Purpose, use, and limitations

    a. This SFAR permits TSO C145a/C146a GPS (RNAV) systems to be used 
for IFR en route operations in the United States airspace over and near 
Alaska (as set forth in paragraph c of this section) at Special Minimum 
En Route Altitudes (MEA) that are outside the operational service volume 
of ground-based navigation aids, if the aircraft operation also meets 
the requirements of sections 3 and 4 of this SFAR.
    b. Certificate holders and part 91 operators may operate aircraft 
under this SFAR provided that they comply with the requirements of this 
SFAR.
    c. Operations conducted under this SFAR are limited to United States 
Airspace within and near the State of Alaska as defined in the following 
area description:
    From 62[deg]00[min]00.000[sec]N, Long. 141[deg]00[min]00.00[sec]W.; 
to Lat. 59[deg]47[min]54.11[sec]N., Long. 135[deg]28[min]38.34[sec]W.; 
to Lat. 56[deg]00[min]04.11[sec]N., Long. 130[deg]00[min]07.80[sec]W.; 
to Lat. 54[deg]43[min]00.00[sec]N., Long. 130[deg]37[min]00.00[sec]W.; 
to Lat. 51[deg]24[min]00.00[sec]N., Long. 167[deg]49[min]00.00[sec]W.; 
to Lat. 50[deg]08[min]00.00[sec]N., Long. 176[deg]34[min]00.00[sec]W.; 
to Lat. 45[deg]42[min]00.00[sec]N., Long. -162[deg]55[min]00.00[sec]E.; 
to Lat. 50[deg]05[min]00.00[sec]N., Long. -159[deg]00[min]00.00[sec]E.; 
to Lat. 54[deg]00[min]00.00[sec]N., Long. -169[deg]00[min]00.00[sec]E.; 
to Lat. 60[deg]00 00.00[sec]N., Long. -180[deg]00[min] 00.00[sec]E; to 
Lat. 65[deg]00[min]00.00[sec]N., Long. 168[deg]58[min]23.00[sec]W.; to 
Lat. 90[deg]00[min]00.00[sec]N., Long. 00[deg]00[min]0.00[sec]W.; to 
Lat. 62[deg]00[min]00.000[sec]N, Long. 141[deg]00[min]00.00[sec]W.
    (d) No person may operate an aircraft under IFR during the en route 
portion of flight below the standard MEA or at the special MEA unless 
the operation is conducted in accordance with sections 3 and 4 of this 
SFAR.

                Section 2. Definitions and abbreviations

    For the purposes of this SFAR, the following definitions and 
abbreviations apply.

[[Page 182]]

    Area navigation (RNAV). RNAV is a method of navigation that permits 
aircraft operations on any desired flight path.
    Area navigation (RNAV) route. RNAV route is a published route based 
on RNAV that can be used by suitably equipped aircraft.
    Certificate holder. A certificate holder means a person holding a 
certificate issued under part 119 or part 125 of this chapter or holding 
operations specifications issued under part 129 of this chapter.
    Global Navigation Satellite System (GNSS). GNSS is a world-wide 
position and time determination system that uses satellite ranging 
signals to determine user location. It encompasses all satellite ranging 
technologies, including GPS and additional satellites. Components of the 
GNSS include GPS, the Global Orbiting Navigation Satellite System, and 
WAAS satellites.
    Global Positioning System (GPS). GPS is a satellite-based radio 
navigational, positioning, and time transfer system. The system provides 
highly accurate position and velocity information and precise time on a 
continuous global basis to properly equipped users.
    Minimum crossing altitude (MCA). The minimum crossing altitude (MCA) 
applies to the operation of an aircraft proceeding to a higher minimum 
en route altitude when crossing specified fixes.
    Required navigation system. Required navigation system means 
navigation equipment that meets the performance requirements of TSO 
C145a/C146a navigation systems certified for IFR en route operations.
    Route segment. Route segment is a portion of a route bounded on each 
end by a fix or NAVAID.
    Special MEA. Special MEA refers to the minimum en route altitudes, 
using required navigation systems, on published routes outside the 
operational service volume of ground-based navigation aids and are 
depicted on the published Low Altitude and High Altitude En Route Charts 
using the color blue and with the suffix ``G.'' For example, a GPS MEA 
of 4000 feet MSL would be depicted using the color blue, as 4000G.
    Standard MEA. Standard MEA refers to the minimum en route IFR 
altitude on published routes that uses ground-based navigation aids and 
are depicted on the published Low Altitude and High Altitude En Route 
Charts using the color black.
    Station referenced. Station referenced refers to radio navigational 
aids or fixes that are referenced by ground based navigation facilities 
such as VOR facilities.
    Wide Area Augmentation System (WAAS). WAAS is an augmentation to GPS 
that calculates GPS integrity and correction data on the ground and uses 
geo-stationary satellites to broadcast GPS integrity and correction data 
to GPS/WAAS users and to provide ranging signals. It is a safety 
critical system consisting of a ground network of reference and 
integrity monitor data processing sites to assess current GPS 
performance, as well as a space segment that broadcasts that assessment 
to GNSS users to support en route through precision approach navigation. 
Users of the system include all aircraft applying the WAAS data and 
ranging signal.

                   Section 3. Operational Requirements

    To operate an aircraft under this SFAR, the following requirements 
must be met:
    a. Training and qualification for operations and maintenance 
personnel on required navigation equipment used under this SFAR.
    b. Use authorized procedures for normal, abnormal, and emergency 
situations unique to these operations, including degraded navigation 
capabilities, and satellite system outages.
    c. For certificate holders, training of flight crewmembers and other 
personnel authorized to exercise operational control on the use of those 
procedures specified in paragraph b of this section.
    d. Part 129 operators must have approval from the State of the 
operator to conduct operations in accordance with this SFAR.
    e. In order to operate under this SFAR, a certificate holder must be 
authorized in operations specifications.

                    Section 4. Equipment Requirements

    a. The certificate holder must have properly installed, 
certificated, and functional dual required navigation systems as defined 
in section 2 of this SFAR for the en route operations covered under this 
SFAR.
    b. When the aircraft is being operated under part 91, the aircraft 
must be equipped with at least one properly installed, certificated, and 
functional required navigation system as defined in section 2 of this 
SFAR for the en route operations covered under this SFAR.

                       Section 5. Expiration date

    This Special Federal Aviation Regulation will remain in effect until 
rescinded.

[Doc. No. FAA-2003-14305, 68 FR 14077, Mar. 21, 2003]



                            Subpart A_General

    Source: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.1  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section and 
Sec. Sec.  91.701 and 91.703, this part prescribes rules governing the 
operation of aircraft

[[Page 183]]

(other than moored balloons, kites, unmanned rockets, and unmanned free 
balloons, which are governed by part 101 of this chapter, and ultralight 
vehicles operated in accordance with part 103 of this chapter) within 
the United States, including the waters within 3 nautical miles of the 
U.S. coast.
    (b) Each person operating an aircraft in the airspace overlying the 
waters between 3 and 12 nautical miles from the coast of the United 
States shall comply with Sec. Sec.  91.1 through 91.21; Sec. Sec.  
91.101 through 91.143; Sec. Sec.  91.151 through 91.159; Sec. Sec.  
91.167 through 91.193; Sec.  91.203; Sec.  91.205; Sec. Sec.  91.209 
through 91.217; Sec.  91.221; Sec. Sec.  91.303 through 91.319; Sec.  
91.323; Sec.  91.605; Sec.  91.609; Sec. Sec.  91.703 through 91.715; 
and 91.903.
    (c) This part applies to each person on board an aircraft being 
operated under this part, unless otherwise specified.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-257, 
64 FR 1079, Jan. 7, 1999]



Sec.  91.3  Responsibility and authority of the pilot in command.

    (a) The pilot in command of an aircraft is directly responsible for, 
and is the final authority as to, the operation of that aircraft.
    (b) In an in-flight emergency requiring immediate action, the pilot 
in command may deviate from any rule of this part to the extent required 
to meet that emergency.
    (c) Each pilot in command who deviates from a rule under paragraph 
(b) of this section shall, upon the request of the Administrator, send a 
written report of that deviation to the Administrator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.5  Pilot in command of aircraft requiring more than one required pilot.

    No person may operate an aircraft that is type certificated for more 
than one required pilot flight crewmember unless the pilot in command 
meets the requirements of Sec.  61.58 of this chapter.



Sec.  91.7  Civil aircraft airworthiness.

    (a) No person may operate a civil aircraft unless it is in an 
airworthy condition.
    (b) The pilot in command of a civil aircraft is responsible for 
determining whether that aircraft is in condition for safe flight. The 
pilot in command shall discontinue the flight when unairworthy 
mechanical, electrical, or structural conditions occur.



Sec.  91.9  Civil aircraft flight manual, marking, and placard requirements.

    (a) Except as provided in paragraph (d) of this section, no person 
may operate a civil aircraft without complying with the operating 
limitations specified in the approved Airplane or Rotorcraft Flight 
Manual, markings, and placards, or as otherwise prescribed by the 
certificating authority of the country of registry.
    (b) No person may operate a U.S.-registered civil aircraft--
    (1) For which an Airplane or Rotorcraft Flight Manual is required by 
Sec.  21.5 of this chapter unless there is available in the aircraft a 
current, approved Airplane or Rotorcraft Flight Manual or the manual 
provided for in Sec.  121.141(b); and
    (2) For which an Airplane or Rotorcraft Flight Manual is not 
required by Sec.  21.5 of this chapter, unless there is available in the 
aircraft a current approved Airplane or Rotorcraft Flight Manual, 
approved manual material, markings, and placards, or any combination 
thereof.
    (c) No person may operate a U.S.-registered civil aircraft unless 
that aircraft is identified in accordance with part 45 of this chapter.
    (d) Any person taking off or landing a helicopter certificated under 
part 29 of this chapter at a heliport constructed over water may make 
such momentary flight as is necessary for takeoff or landing through the 
prohibited range of the limiting height-speed envelope established for 
the helicopter if that flight through the prohibited range takes place 
over water on which a safe ditching can be accomplished and if the 
helicopter is amphibious or is equipped with floats or other emergency 
flotation gear adequate to accomplish a safe emergency ditching on open 
water.

[[Page 184]]



Sec.  91.11  Prohibition on interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated.



Sec.  91.13  Careless or reckless operation.

    (a) Aircraft operations for the purpose of air navigation. No person 
may operate an aircraft in a careless or reckless manner so as to 
endanger the life or property of another.
    (b) Aircraft operations other than for the purpose of air 
navigation. No person may operate an aircraft, other than for the 
purpose of air navigation, on any part of the surface of an airport used 
by aircraft for air commerce (including areas used by those aircraft for 
receiving or discharging persons or cargo), in a careless or reckless 
manner so as to endanger the life or property of another.



Sec.  91.15  Dropping objects.

    No pilot in command of a civil aircraft may allow any object to be 
dropped from that aircraft in flight that creates a hazard to persons or 
property. However, this section does not prohibit the dropping of any 
object if reasonable precautions are taken to avoid injury or damage to 
persons or property.



Sec.  91.17  Alcohol or drugs.

    (a) No person may act or attempt to act as a crewmember of a civil 
aircraft--
    (1) Within 8 hours after the consumption of any alcoholic beverage;
    (2) While under the influence of alcohol;
    (3) While using any drug that affects the person's faculties in any 
way contrary to safety; or
    (4) While having .04 percent by weight or more alcohol in the blood.
    (b) Except in an emergency, no pilot of a civil aircraft may allow a 
person who appears to be intoxicated or who demonstrates by manner or 
physical indications that the individual is under the influence of drugs 
(except a medical patient under proper care) to be carried in that 
aircraft.
    (c) A crewmember shall do the following:
    (1) On request of a law enforcement officer, submit to a test to 
indicate the percentage by weight of alcohol in the blood, when--
    (i) The law enforcement officer is authorized under State or local 
law to conduct the test or to have the test conducted; and
    (ii) The law enforcement officer is requesting submission to the 
test to investigate a suspected violation of State or local law 
governing the same or substantially similar conduct prohibited by 
paragraph (a)(1), (a)(2), or (a)(4) of this section.
    (2) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of 
this section, that person shall, upon request by the Administrator, 
furnish the Administrator, or authorize any clinic, hospital, doctor, or 
other person to release to the Administrator, the results of each test 
taken within 4 hours after acting or attempting to act as a crewmember 
that indicates percentage by weight of alcohol in the blood.
    (d) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(3) of this section, that 
person shall, upon request by the Administrator, furnish the 
Administrator, or authorize any clinic, hospital, doctor, or other 
person to release to the Administrator, the results of each test taken 
within 4 hours after acting or attempting to act as a crewmember that 
indicates the presence of any drugs in the body.
    (e) Any test information obtained by the Administrator under 
paragraph (c) or (d) of this section may be evaluated in determining a 
person's qualifications for any airman certificate or possible 
violations of this chapter and may be used as evidence in any legal 
proceeding under section 602, 609, or 901 of the Federal Aviation Act of 
1958.



Sec.  91.19  Carriage of narcotic drugs, marihuana, and depressant 
or stimulant drugs or substances.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft within the United States with knowledge 
that narcotic

[[Page 185]]

drugs, marihuana, and depressant or stimulant drugs or substances as 
defined in Federal or State statutes are carried in the aircraft.
    (b) Paragraph (a) of this section does not apply to any carriage of 
narcotic drugs, marihuana, and depressant or stimulant drugs or 
substances authorized by or under any Federal or State statute or by any 
Federal or State agency.



Sec.  91.21  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in command of an aircraft 
allow the operation of, any portable electronic device on any of the 
following U.S.-registered civil aircraft:
    (1) Aircraft operated by a holder of an air carrier operating 
certificate or an operating certificate; or
    (2) Any other aircraft while it is operated under IFR.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the operator of the 
aircraft has determined will not cause interference with the navigation 
or communication system of the aircraft on which it is to be used.
    (c) In the case of an aircraft operated by a holder of an air 
carrier operating certificate or an operating certificate, the 
determination required by paragraph (b)(5) of this section shall be made 
by that operator of the aircraft on which the particular device is to be 
used. In the case of other aircraft, the determination may be made by 
the pilot in command or other operator of the aircraft.



Sec.  91.23  Truth-in-leasing clause requirement in leases and conditional 
sales contracts.

    (a) Except as provided in paragraph (b) of this section, the parties 
to a lease or contract of conditional sale involving a U.S.-registered 
large civil aircraft and entered into after January 2, 1973, shall 
execute a written lease or contract and include therein a written truth-
in-leasing clause as a concluding paragraph in large print, immediately 
preceding the space for the signature of the parties, which contains the 
following with respect to each such aircraft:
    (1) Identification of the Federal Aviation Regulations under which 
the aircraft has been maintained and inspected during the 12 months 
preceding the execution of the lease or contract of conditional sale, 
and certification by the parties thereto regarding the aircraft's status 
of compliance with applicable maintenance and inspection requirements in 
this part for the operation to be conducted under the lease or contract 
of conditional sale.
    (2) The name and address (printed or typed) and the signature of the 
person responsible for operational control of the aircraft under the 
lease or contract of conditional sale, and certification that each 
person understands that person's responsibilities for compliance with 
applicable Federal Aviation Regulations.
    (3) A statement that an explanation of factors bearing on 
operational control and pertinent Federal Aviation Regulations can be 
obtained from the nearest FAA Flight Standards district office.
    (b) The requirements of paragraph (a) of this section do not apply--
    (1) To a lease or contract of conditional sale when--
    (i) The party to whom the aircraft is furnished is a foreign air 
carrier or certificate holder under part 121, 125, 135, or 141 of this 
chapter, or
    (ii) The party furnishing the aircraft is a foreign air carrier or a 
person operating under part 121, 125, and 141 of this chapter, or a 
person operating under part 135 of this chapter having authority to 
engage in on-demand operations with large aircraft.
    (2) To a contract of conditional sale, when the aircraft involved 
has not been registered anywhere prior to the execution of the contract, 
except as a new aircraft under a dealer's aircraft registration 
certificate issued in accordance with Sec.  47.61 of this chapter.
    (c) No person may operate a large civil aircraft of U.S. registry 
that is

[[Page 186]]

subject to a lease or contract of conditional sale to which paragraph 
(a) of this section applies, unless--
    (1) The lessee or conditional buyer, or the registered owner if the 
lessee is not a citizen of the United States, has mailed a copy of the 
lease or contract that complies with the requirements of paragraph (a) 
of this section, within 24 hours of its execution, to the Aircraft 
Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma 
City, OK 73125;
    (2) A copy of the lease or contract that complies with the 
requirements of paragraph (a) of this section is carried in the 
aircraft. The copy of the lease or contract shall be made available for 
review upon request by the Administrator, and
    (3) The lessee or conditional buyer, or the registered owner if the 
lessee is not a citizen of the United States, has notified by telephone 
or in person the FAA Flight Standards district office nearest the 
airport where the flight will originate. Unless otherwise authorized by 
that office, the notification shall be given at least 48 hours before 
takeoff in the case of the first flight of that aircraft under that 
lease or contract and inform the FAA of--
    (i) The location of the airport of departure;
    (ii) The departure time; and
    (iii) The registration number of the aircraft involved.
    (d) The copy of the lease or contract furnished to the FAA under 
paragraph (c) of this section is commercial or financial information 
obtained from a person. It is, therefore, privileged and confidential 
and will not be made available by the FAA for public inspection or 
copying under 5 U.S.C. 552(b)(4) unless recorded with the FAA under part 
49 of this chapter.
    (e) For the purpose of this section, a lease means any agreement by 
a person to furnish an aircraft to another person for compensation or 
hire, whether with or without flight crewmembers, other than an 
agreement for the sale of an aircraft and a contract of conditional sale 
under section 101 of the Federal Aviation Act of 1958. The person 
furnishing the aircraft is referred to as the lessor, and the person to 
whom it is furnished the lessee.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989; Amdt. 91-253, 62 FR 13253, Mar. 19, 1997; 
Amdt. 91-267, 66 FR 21066, Apr. 27, 2001]



Sec.  91.25  Aviation Safety Reporting Program: Prohibition against 
use of reports for enforcement purposes.

    The Administrator of the FAA will not use reports submitted to the 
National Aeronautics and Space Administration under the Aviation Safety 
Reporting Program (or information derived therefrom) in any enforcement 
action except information concerning accidents or criminal offenses 
which are wholly excluded from the Program.



Sec. Sec.  91.27-91.99  [Reserved]



                         Subpart B_Flight Rules

    Source: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless 
otherwise noted.

                                 General



Sec.  91.101  Applicability.

    This subpart prescribes flight rules governing the operation of 
aircraft within the United States and within 12 nautical miles from the 
coast of the United States.



Sec.  91.103  Preflight action.

    Each pilot in command shall, before beginning a flight, become 
familiar with all available information concerning that flight. This 
information must include--
    (a) For a flight under IFR or a flight not in the vicinity of an 
airport, weather reports and forecasts, fuel requirements, alternatives 
available if the planned flight cannot be completed, and any known 
traffic delays of which the pilot in command has been advised by ATC;
    (b) For any flight, runway lengths at airports of intended use, and 
the following takeoff and landing distance information:
    (1) For civil aircraft for which an approved Airplane or Rotorcraft 
Flight Manual containing takeoff and landing

[[Page 187]]

distance data is required, the takeoff and landing distance data 
contained therein; and
    (2) For civil aircraft other than those specified in paragraph 
(b)(1) of this section, other reliable information appropriate to the 
aircraft, relating to aircraft performance under expected values of 
airport elevation and runway slope, aircraft gross weight, and wind and 
temperature.



Sec.  91.105  Flight crewmembers at stations.

    (a) During takeoff and landing, and while en route, each required 
flight crewmember shall--
    (1) Be at the crewmember station unless the absence is necessary to 
perform duties in connection with the operation of the aircraft or in 
connection with physiological needs; and
    (2) Keep the safety belt fastened while at the crewmember station.
    (b) Each required flight crewmember of a U.S.-registered civil 
aircraft shall, during takeoff and landing, keep his or her shoulder 
harness fastened while at his or her assigned duty station. This 
paragraph does not apply if--
    (1) The seat at the crewmember's station is not equipped with a 
shoulder harness; or
    (2) The crewmember would be unable to perform required duties with 
the shoulder harness fastened.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42671, Sept. 15, 1992]



Sec.  91.107  Use of safety belts, shoulder harnesses, and child restraint 
systems.

    (a) Unless otherwise authorized by the Administrator--
    (1) No pilot may take off a U.S.-registered civil aircraft (except a 
free balloon that incorporates a basket or gondola, or an airship type 
certificated before November 2, 1987) unless the pilot in command of 
that aircraft ensures that each person on board is briefed on how to 
fasten and unfasten that person's safety belt and, if installed, 
shoulder harness.
    (2) No pilot may cause to be moved on the surface, take off, or land 
a U.S.-registered civil aircraft (except a free balloon that 
incorporates a basket or gondola, or an airship type certificated before 
November 2, 1987) unless the pilot in command of that aircraft ensures 
that each person on board has been notified to fasten his or her safety 
belt and, if installed, his or her shoulder harness.
    (3) Except as provided in this paragraph, each person on board a 
U.S.-registered civil aircraft (except a free balloon that incorporates 
a basket or gondola or an airship type certificated before November 2, 
1987) must occupy an approved seat or berth with a safety belt and, if 
installed, shoulder harness, properly secured about him or her during 
movement on the surface, takeoff, and landing. For seaplane and float 
equipped rotorcraft operations during movement on the surface, the 
person pushing off the seaplane or rotorcraft from the dock and the 
person mooring the seaplane or rotorcraft at the dock are excepted from 
the preceding seating and safety belt requirements. Notwithstanding the 
preceding requirements of this paragraph, a person may:
    (i) Be held by an adult who is occupying an approved seat or berth, 
provided that the person being held has not reached his or her second 
birthday and does not occupy or use any restraining device;
    (ii) Use the floor of the aircraft as a seat, provided that the 
person is on board for the purpose of engaging in sport parachuting; or
    (iii) Notwithstanding any other requirement of this chapter, occupy 
an approved child restraint system furnished by the operator or one of 
the persons described in paragraph (a)(3)(iii)(A) of this section 
provided that:
    (A) 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;
    (B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this 
action, the approved child restraint system bears one or more labels as 
follows:
    (1) 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'';

[[Page 188]]

    (2) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (i) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (ii) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and 
(a)(3)(iii)(B)(2) 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;
    (4) Notwithstanding any other provision of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle Safety 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held child restraints are not approved for 
use in aircraft; and
    (C) The operator complies with the following requirements:
    (1) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (2) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (3) The restraint system must bear the appropriate label(s).
    (b) Unless otherwise stated, this section does not apply to 
operations conducted under part 121, 125, or 135 of this chapter. 
Paragraph (a)(3) of this section does not apply to persons subject to 
Sec.  91.105.

[Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-
250, 61 FR 28421, June 4, 1996]



Sec.  91.109  Flight instruction; Simulated instrument flight and 
certain flight tests.

    (a) No person may operate a civil aircraft (except a manned free 
balloon) that is being used for flight instruction unless that aircraft 
has fully functioning dual controls. However, instrument flight 
instruction may be given in a single-engine airplane equipped with a 
single, functioning throwover control wheel in place of fixed, dual 
controls of the elevator and ailerons when--
    (1) The instructor has determined that the flight can be conducted 
safely; and
    (2) The person manipulating the controls has at least a private 
pilot certificate with appropriate category and class ratings.
    (b) No person may operate a civil aircraft in simulated instrument 
flight unless--
    (1) The other control seat is occupied by a safety pilot who 
possesses at least a private pilot certificate with category and class 
ratings appropriate to the aircraft being flown.
    (2) The safety pilot has adequate vision forward and to each side of 
the aircraft, or a competent observer in the aircraft adequately 
supplements the vision of the safety pilot; and
    (3) Except in the case of lighter-than-air aircraft, that aircraft 
is equipped with fully functioning dual controls. However, simulated 
instrument flight may be conducted in a single-engine airplane, equipped 
with a single, functioning, throwover control wheel, in place of fixed, 
dual controls of the elevator and ailerons, when--
    (i) The safety pilot has determined that the flight can be conducted 
safely; and
    (ii) The person manipulating the controls has at least a private 
pilot certificate with appropriate category and class ratings.
    (c) No person may operate a civil aircraft that is being used for a 
flight test for an airline transport pilot certificate or a class or 
type rating on that certificate, or for a part 121 proficiency flight 
test, unless the pilot seated at the controls, other than the pilot 
being checked, is fully qualified to act as pilot in command of the 
aircraft.



Sec.  91.111  Operating near other aircraft.

    (a) No person may operate an aircraft so close to another aircraft 
as to create a collision hazard.
    (b) No person may operate an aircraft in formation flight except by 
arrangement with the pilot in command of each aircraft in the formation.
    (c) No person may operate an aircraft, carrying passengers for hire, 
in formation flight.

[[Page 189]]



Sec.  91.113  Right-of-way rules: Except water operations.

    (a) Inapplicability. This section does not apply to the operation of 
an aircraft on water.
    (b) General. When weather conditions permit, regardless of whether 
an operation is conducted under instrument flight rules or visual flight 
rules, vigilance shall be maintained by each person operating an 
aircraft so as to see and avoid other aircraft. When a rule of this 
section gives another aircraft the right-of-way, the pilot shall give 
way to that aircraft and may not pass over, under, or ahead of it unless 
well clear.
    (c) In distress. An aircraft in distress has the right-of-way over 
all other air traffic.
    (d) Converging. When aircraft of the same category are converging at 
approximately the same altitude (except head-on, or nearly so), the 
aircraft to the other's right has the right-of-way. If the aircraft are 
of different categories--
    (1) A balloon has the right-of-way over any other category of 
aircraft;
    (2) A glider has the right-of-way over an airship, airplane, or 
rotorcraft; and
    (3) An airship has the right-of-way over an airplane or rotorcraft.
    However, an aircraft towing or refueling other aircraft has the 
right-of-way over all other engine-driven aircraft.
    (e) Approaching head-on. When aircraft are approaching each other 
head-on, or nearly so, each pilot of each aircraft shall alter course to 
the right.
    (f) Overtaking. Each aircraft that is being overtaken has the right-
of-way and each pilot of an overtaking aircraft shall alter course to 
the right to pass well clear.
    (g) Landing. Aircraft, while on final approach to land or while 
landing, have the right-of-way over other aircraft in flight or 
operating on the surface, except that they shall not take advantage of 
this rule to force an aircraft off the runway surface which has already 
landed and is attempting to make way for an aircraft on final approach. 
When two or more aircraft are approaching an airport for the purpose of 
landing, the aircraft at the lower altitude has the right-of-way, but it 
shall not take advantage of this rule to cut in front of another which 
is on final approach to land or to overtake that aircraft.



Sec.  91.115  Right-of-way rules: Water operations.

    (a) General. Each person operating an aircraft on the water shall, 
insofar as possible, keep clear of all vessels and avoid impeding their 
navigation, and shall give way to any vessel or other aircraft that is 
given the right-of-way by any rule of this section.
    (b) Crossing. When aircraft, or an aircraft and a vessel, are on 
crossing courses, the aircraft or vessel to the other's right has the 
right-of-way.
    (c) Approaching head-on. When aircraft, or an aircraft and a vessel, 
are approaching head-on, or nearly so, each shall alter its course to 
the right to keep well clear.
    (d) Overtaking. Each aircraft or vessel that is being overtaken has 
the right-of-way, and the one overtaking shall alter course to keep well 
clear.
    (e) Special circumstances. When aircraft, or an aircraft and a 
vessel, approach so as to involve risk of collision, each aircraft or 
vessel shall proceed with careful regard to existing circumstances, 
including the limitations of the respective craft.



Sec.  91.117  Aircraft speed.

    (a) Unless otherwise authorized by the Administrator, no person may 
operate an aircraft below 10,000 feet MSL at an indicated airspeed of 
more than 250 knots (288 m.p.h.).
    (b) Unless otherwise authorized or required by ATC, no person may 
operate an aircraft at or below 2,500 feet above the surface within 4 
nautical miles of the primary airport of a Class C or Class D airspace 
area at an indicated airspeed of more than 200 knots (230 mph.). This 
paragraph (b) does not apply to any operations within a Class B airspace 
area. Such operations shall comply with paragraph (a) of this section.
    (c) No person may operate an aircraft in the airspace underlying a 
Class B airspace area designated for an airport or in a VFR corridor 
designated through such a Class B airspace area, at an indicated 
airspeed of more than 200 knots (230 mph).

[[Page 190]]

    (d) If the minimum safe airspeed for any particular operation is 
greater than the maximum speed prescribed in this section, the aircraft 
may be operated at that minimum speed.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-219, 
55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec. 17, 1991; 
Amdt. 91-233, 58 FR 43554, Aug. 17, 1993]



Sec.  91.119  Minimum safe altitudes: General.

    Except when necessary for takeoff or landing, no person may operate 
an aircraft below the following altitudes:
    (a) Anywhere. An altitude allowing, if a power unit fails, an 
emergency landing without undue hazard to persons or property on the 
surface.
    (b) Over congested areas. Over any congested area of a city, town, 
or settlement, or over any open air assembly of persons, an altitude of 
1,000 feet above the highest obstacle within a horizontal radius of 
2,000 feet of the aircraft.
    (c) Over other than congested areas. An altitude of 500 feet above 
the surface, except over open water or sparsely populated areas. In 
those cases, the aircraft may not be operated closer than 500 feet to 
any person, vessel, vehicle, or structure.
    (d) Helicopters. Helicopters may be operated at less than the 
minimums prescribed in paragraph (b) or (c) of this section if the 
operation is conducted without hazard to persons or property on the 
surface. In addition, each person operating a helicopter shall comply 
with any routes or altitudes specifically prescribed for helicopters by 
the Administrator.



Sec.  91.121  Altimeter settings.

    (a) Each person operating an aircraft shall maintain the cruising 
altitude or flight level of that aircraft, as the case may be, by 
reference to an altimeter that is set, when operating--
    (1) Below 18,000 feet MSL, to--
    (i) The current reported altimeter setting of a station along the 
route and within 100 nautical miles of the aircraft;
    (ii) If there is no station within the area prescribed in paragraph 
(a)(1)(i) of this section, the current reported altimeter setting of an 
appropriate available station; or
    (iii) In the case of an aircraft not equipped with a radio, the 
elevation of the departure airport or an appropriate altimeter setting 
available before departure; or
    (2) At or above 18,000 feet MSL, to 29.92[sec] Hg.
    (b) The lowest usable flight level is determined by the atmospheric 
pressure in the area of operation as shown in the following table:

------------------------------------------------------------------------
                                                                 Lowest
                                                                 usable
                   Current altimeter setting                     flight
                                                                  level
------------------------------------------------------------------------
29.92 (or higher).............................................       180
29.91 through 29.42...........................................       185
29.41 through 28.92...........................................       190
28.91 through 28.42...........................................       195
28.41 through 27.92...........................................       200
27.91 through 27.42...........................................       205
27.41 through 26.92...........................................       210
------------------------------------------------------------------------

    (c) To convert minimum altitude prescribed under Sec. Sec.  91.119 
and 91.177 to the minimum flight level, the pilot shall take the flight 
level equivalent of the minimum altitude in feet and add the appropriate 
number of feet specified below, according to the current reported 
altimeter setting:

------------------------------------------------------------------------
                                                              Adjustment
                  Current altimeter setting                     factor
------------------------------------------------------------------------
29.92 (or higher)...........................................       None
29.91 through 29.42.........................................        500
29.41 through 28.92.........................................      1,000
28.91 through 28.42.........................................      1,500
28.41 through 27.92.........................................      2,000
27.91 through 27.42.........................................      2,500
27.41 through 26.92.........................................      3,000
------------------------------------------------------------------------



Sec.  91.123  Compliance with ATC clearances and instructions.

    (a) When an ATC clearance has been obtained, no pilot in command may 
deviate from that clearance unless an amended clearance is obtained, an 
emergency exists, or the deviation is in response to a traffic alert and 
collision avoidance system resolution advisory. However, except in Class 
A airspace, a pilot may cancel an IFR flight plan if the operation is 
being conducted in VFR weather conditions. When a pilot is uncertain of 
an ATC clearance, that pilot shall immediately request clarification 
from ATC.

[[Page 191]]

    (b) Except in an emergency, no person may operate an aircraft 
contrary to an ATC instruction in an area in which air traffic control 
is exercised.
    (c) Each pilot in command who, in an emergency, or in response to a 
traffic alert and collision avoidance system resolution advisory, 
deviates from an ATC clearance or instruction shall notify ATC of that 
deviation as soon as possible.
    (d) Each pilot in command who (though not deviating from a rule of 
this subpart) is given priority by ATC in an emergency, shall submit a 
detailed report of that emergency within 48 hours to the manager of that 
ATC facility, if requested by ATC.
    (e) Unless otherwise authorized by ATC, no person operating an 
aircraft may operate that aircraft according to any clearance or 
instruction that has been issued to the pilot of another aircraft for 
radar air traffic control purposes.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65658, Dec. 17, 1991; Amdt. 91-244, 60 FR 50679, Sept. 29, 1995]



Sec.  91.125  ATC light signals.

    ATC light signals have the meaning shown in the following table:

------------------------------------------------------------------------
                                     Meaning with
                                      respect to         Meaning with
    Color and type of signal        aircraft on the       respect to
                                        surface       aircraft in flight
------------------------------------------------------------------------
Steady green....................  Cleared for         Cleared to land.
                                   takeoff.
Flashing green..................  Cleared to taxi...  Return for landing
                                                       (to be followed
                                                       by steady green
                                                       at proper time).
Steady red......................  Stop..............  Give way to other
                                                       aircraft and
                                                       continue
                                                       circling.
Flashing red....................  Taxi clear of       Airport unsafe--do
                                   runway in use.      not land.
Flashing white..................  Return to starting  Not applicable.
                                   point on airport.
Alternating red and green.......  Exercise extreme    Exercise extreme
                                   caution.            caution.
------------------------------------------------------------------------



Sec.  91.126  Operating on or in the vicinity of an airport in Class G 
airspace.

    (a) General. Unless otherwise authorized or required, each person 
operating an aircraft on or in the vicinity of an airport in a Class G 
airspace area must comply with the requirements of this section.
    (b) Direction of turns. When approaching to land at an airport 
without an operating control tower in Class G airspace--
    (1) Each pilot of an airplane must make all turns of that airplane 
to the left unless the airport displays approved light signals or visual 
markings indicating that turns should be made to the right, in which 
case the pilot must make all turns to the right; and
    (2) Each pilot of a helicopter must avoid the flow of fixed-wing 
aircraft.
    (c) Flap settings. Except when necessary for training or 
certification, the pilot in command of a civil turbojet-powered aircraft 
must use, as a final flap setting, the minimum certificated landing flap 
setting set forth in the approved performance information in the 
Airplane Flight Manual for the applicable conditions. However, each 
pilot in command has the final authority and responsibility for the safe 
operation of the pilot's airplane, and may use a different flap setting 
for that airplane if the pilot determines that it is necessary in the 
interest of safety.
    (d) Communications with control towers. Unless otherwise authorized 
or required by ATC, no person may operate an aircraft to, from, through, 
or on an airport having an operational control tower unless two-way 
radio communications are maintained between that aircraft and the 
control tower. Communications must be established prior to 4 nautical 
miles from the airport, up to and including 2,500 feet AGL. However, if 
the aircraft radio fails in flight, the pilot in command may operate 
that aircraft and land if weather conditions are at or above basic VFR 
weather minimums, visual contact with the tower is maintained, and a 
clearance to land is received. If the aircraft radio fails while in 
flight under IFR, the pilot must comply with Sec.  91.185.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]



Sec.  91.127  Operating on or in the vicinity of an airport in Class E 
airspace.

    (a) Unless otherwise required by part 93 of this chapter or unless 
otherwise authorized or required by the ATC facility having jurisdiction 
over the

[[Page 192]]

Class E airspace area, each person operating an aircraft on or in the 
vicinity of an airport in a Class E airspace area must comply with the 
requirements of Sec.  91.126.
    (b) Departures. Each pilot of an aircraft must comply with any 
traffic patterns established for that airport in part 93 of this 
chapter.
    (c) Communications with control towers. Unless otherwise authorized 
or required by ATC, no person may operate an aircraft to, from, through, 
or on an airport having an operational control tower unless two-way 
radio communications are maintained between that aircraft and the 
control tower. Communications must be established prior to 4 nautical 
miles from the airport, up to and including 2,500 feet AGL. However, if 
the aircraft radio fails in flight, the pilot in command may operate 
that aircraft and land if weather conditions are at or above basic VFR 
weather minimums, visual contact with the tower is maintained, and a 
clearance to land is received. If the aircraft radio fails while in 
flight under IFR, the pilot must comply with Sec.  91.185.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]



Sec.  91.129  Operations in Class D airspace.

    (a) General. Unless otherwise authorized or required by the ATC 
facility having jurisdiction over the Class D airspace area, each person 
operating an aircraft in Class D airspace must comply with the 
applicable provisions of this section. In addition, each person must 
comply with Sec. Sec.  91.126 and 91.127. For the purpose of this 
section, the primary airport is the airport for which the Class D 
airspace area is designated. A satellite airport is any other airport 
within the Class D airspace area.
    (b) Deviations. An operator may deviate from any provision of this 
section under the provisions of an ATC authorization issued by the ATC 
facility having jurisdiction over the airspace concerned. ATC may 
authorize a deviation on a continuing basis or for an individual flight, 
as appropriate.
    (c) Communications. Each person operating an aircraft in Class D 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class D airspace area; or
    (ii) From a satellite airport without an operating control tower, 
must establish and maintain two-way radio communications with the ATC 
facility having jurisdiction over the Class D airspace area as soon as 
practicable after departing.
    (d) Communications failure. Each person who operates an aircraft in 
a Class D airspace area must maintain two-way radio communications with 
the ATC facility having jurisdiction over that area.
    (1) If the aircraft radio fails in flight under IFR, the pilot must 
comply with Sec.  91.185 of the part.
    (2) If the aircraft radio fails in flight under VFR, the pilot in 
command may operate that aircraft and land if--
    (i) Weather conditions are at or above basic VFR weather minimums;
    (ii) Visual contact with the tower is maintained; and
    (iii) A clearance to land is received.
    (e) Minimum Altitudes. When operating to an airport in Class D 
airspace, each pilot of--
    (1) A large or turbine-powered airplane shall, unless otherwise 
required by the applicable distance from cloud criteria, enter the 
traffic pattern at an altitude of at least 1,500 feet above the 
elevation of the airport and maintain at least 1,500 feet until further 
descent is required for a safe landing;
    (2) A large or turbine-powered airplane approaching to land on a 
runway served by an instrument landing system (ILS), if the airplane is 
ILS equipped, shall fly that airplane at an

[[Page 193]]

altitude at or above the glide slope between the outer marker (or point 
of interception of glide slope, if compliance with the applicable 
distance from cloud criteria requires interception closer in) and the 
middle marker; and
    (3) An airplane approaching to land on a runway served by a visual 
approach slope indicator shall maintain an altitude at or above the 
glide slope until a lower altitude is necessary for a safe landing.

Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal 
bracketing maneuvers above or below the glide slope that are conducted 
for the purpose of remaining on the glide slope.
    (f) Approaches. Except when conducting a circling approach under 
part 97 of this chapter or unless otherwise required by ATC, each pilot 
must--
    (1) Circle the airport to the left, if operating an airplane; or
    (2) Avoid the flow of fixed-wing aircraft, if operating a 
helicopter.
    (g) Departures. No person may operate an aircraft departing from an 
airport except in compliance with the following:
    (1) Each pilot must comply with any departure procedures established 
for that airport by the FAA.
    (2) Unless otherwise required by the prescribed departure procedure 
for that airport or the applicable distance from clouds criteria, each 
pilot of a turbine-powered airplane and each pilot of a large airplane 
must climb to an altitude of 1,500 feet above the surface as rapidly as 
practicable.
    (h) Noise abatement. Where a formal runway use program has been 
established by the FAA, each pilot of a large or turbine-powered 
airplane assigned a noise abatement runway by ATC must use that runway. 
However, consistent with the final authority of the pilot in command 
concerning the safe operation of the aircraft as prescribed in Sec.  
91.3(a), ATC may assign a different runway if requested by the pilot in 
the interest of safety.
    (i) Takeoff, landing, taxi clearance. No person may, at any airport 
with an operating control tower, operate an aircraft on a runway or 
taxiway, or take off or land an aircraft, unless an appropriate 
clearance is received from ATC. A clearance to ``taxi to'' the takeoff 
runway assigned to the aircraft is not a clearance to cross that 
assigned takeoff runway, or to taxi on that runway at any point, but is 
a clearance to cross other runways that intersect the taxi route to that 
assigned takeoff runway. A clearance to ``taxi to'' any point other than 
an assigned takeoff runway is clearance to cross all runways that 
intersect the taxi route to that point.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-234, 
58 FR 48793, Sept. 20, 1993]



Sec.  91.130  Operations in Class C airspace.

    (a) General. Unless otherwise authorized by ATC, each aircraft 
operation in Class C airspace must be conducted in compliance with this 
section and Sec.  91.129. For the purpose of this section, the primary 
airport is the airport for which the Class C airspace area is 
designated. A satellite airport is any other airport within the Class C 
airspace area.
    (b) Traffic patterns. No person may take off or land an aircraft at 
a satellite airport within a Class C airspace area except in compliance 
with FAA arrival and departure traffic patterns.
    (c) Communications. Each person operating an aircraft in Class C 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class C airspace area; or
    (ii) From a satellite airport without an operating control tower, 
must establish and maintain two-way radio communications with the ATC 
facility having jurisdiction over the Class C airspace area as soon as 
practicable after departing.

[[Page 194]]

    (d) Equipment requirements. Unless otherwise authorized by the ATC 
having jurisdiction over the Class C airspace area, no person may 
operate an aircraft within a Class C airspace area designated for an 
airport unless that aircraft is equipped with the applicable equipment 
specified in Sec.  91.215.
    (e) Deviations. An operator may deviate from any provision of this 
section under the provisions of an ATC authorization issued by the ATC 
facility having jurisdiction over the airspace concerned. ATC may 
authorize a deviation on a continuing basis or for an individual flight, 
as appropriate.

[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as amended by Amdt. 91-232, 
58 FR 40736, July 30, 1993; Amdt. 91-239, 59 FR 11693, Mar. 11, 1994]



Sec.  91.131  Operations in Class B airspace.

    (a) Operating rules. No person may operate an aircraft within a 
Class B airspace area except in compliance with Sec.  91.129 and the 
following rules:
    (1) The operator must receive an ATC clearance from the ATC facility 
having jurisdiction for that area before operating an aircraft in that 
area.
    (2) Unless otherwise authorized by ATC, each person operating a 
large turbine engine-powered airplane to or from a primary airport for 
which a Class B airspace area is designated must operate at or above the 
designated floors of the Class B airspace area while within the lateral 
limits of that area.
    (3) Any person conducting pilot training operations at an airport 
within a Class B airspace area must comply with any procedures 
established by ATC for such operations in that area.
    (b) Pilot requirements. (1) No person may take off or land a civil 
aircraft at an airport within a Class B airspace area or operate a civil 
aircraft within a Class B airspace area unless--
    (i) The pilot in command holds at least a private pilot certificate; 
or
    (ii) The aircraft is operated by a student pilot or recreational 
pilot who seeks private pilot certification and has met the requirements 
of Sec.  61.95 of this chapter.
    (2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this 
section, no person may take off or land a civil aircraft at those 
airports listed in section 4 of appendix D of this part unless the pilot 
in command holds at least a private pilot certificate.
    (c) Communications and navigation equipment requirements. Unless 
otherwise authorized by ATC, no person may operate an aircraft within a 
Class B airspace area unless that aircraft is equipped with--
    (1) For IFR operation. An operable VOR or TACAN receiver; and
    (2) For all operations. An operable two-way radio capable of 
communications with ATC on appropriate frequencies for that Class B 
airspace area.
    (d) Transponder requirements. No person may operate an aircraft in a 
Class B airspace area unless the aircraft is equipped with the 
applicable operating transponder and automatic altitude reporting 
equipment specified in paragraph (a) of Sec.  91.215, except as provided 
in paragraph (d) of that section.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991]



Sec.  91.133  Restricted and prohibited areas.

    (a) No person may operate an aircraft within a restricted area 
(designated in part 73) contrary to the restrictions imposed, or within 
a prohibited area, unless that person has the permission of the using or 
controlling agency, as appropriate.
    (b) Each person conducting, within a restricted area, an aircraft 
operation (approved by the using agency) that creates the same hazards 
as the operations for which the restricted area was designated may 
deviate from the rules of this subpart that are not compatible with the 
operation of the aircraft.



Sec.  91.135  Operations in Class A airspace.

    Except as provided in paragraph (d) of this section, each person 
operating an aircraft in Class A airspace must conduct that operation 
under instrument flight rules (IFR) and in compliance with the 
following:
    (a) Clearance. Operations may be conducted only under an ATC 
clearance received prior to entering the airspace.

[[Page 195]]

    (b) Communications. Unless otherwise authorized by ATC, each 
aircraft operating in Class A airspace must be equipped with a two-way 
radio capable of communicating with ATC on a frequency assigned by ATC. 
Each pilot must maintain two-way radio communications with ATC while 
operating in Class A airspace.
    (c) Transponder requirement. Unless otherwise authorized by ATC, no 
person may operate an aircraft within Class A airspace unless that 
aircraft is equipped with the applicable equipment specified in Sec.  
91.215.
    (d) ATC authorizations. An operator may deviate from any provision 
of this section under the provisions of an ATC authorization issued by 
the ATC facility having jurisdiction of the airspace concerned. In the 
case of an inoperative transponder, ATC may immediately approve an 
operation within a Class A airspace area allowing flight to continue, if 
desired, to the airport of ultimate destination, including any 
intermediate stops, or to proceed to a place where suitable repairs can 
be made, or both. Requests for deviation from any provision of this 
section must be submitted in writing, at least 4 days before the 
proposed operation. ATC may authorize a deviation on a continuing basis 
or for an individual flight.

[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991]



Sec.  91.137  Temporary flight restrictions in the vicinity of 
disaster/hazard areas.

    (a) The Administrator will issue a Notice to Airmen (NOTAM) 
designating an area within which temporary flight restrictions apply and 
specifying the hazard or condition requiring their imposition, whenever 
he determines it is necessary in order to--
    (1) Protect persons and property on the surface or in the air from a 
hazard associated with an incident on the surface;
    (2) Provide a safe environment for the operation of disaster relief 
aircraft; or
    (3) Prevent an unsafe congestion of sightseeing and other aircraft 
above an incident or event which may generate a high degree of public 
interest.

The Notice to Airmen will specify the hazard or condition that requires 
the imposition of temporary flight restrictions.
    (b) When a NOTAM has been issued under paragraph (a)(1) of this 
section, no person may operate an aircraft within the designated area 
unless that aircraft is participating in the hazard relief activities 
and is being operated under the direction of the official in charge of 
on scene emergency response activities.
    (c) When a NOTAM has been issued under paragraph (a)(2) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions are met:
    (1) The aircraft is participating in hazard relief activities and is 
being operated under the direction of the official in charge of on scene 
emergency response activities.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is operating under the ATC approved IFR flight 
plan.
    (4) The operation is conducted directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather, or terrain; notification is given to 
the Flight Service Station (FSS) or ATC facility specified in the NOTAM 
to receive advisories concerning disaster relief aircraft operations; 
and the operation does not hamper or endanger relief activities and is 
not conducted for the purpose of observing the disaster.
    (5) The aircraft is carrying properly accredited news 
representatives, and, prior to entering the area, a flight plan is filed 
with the appropriate FAA or ATC facility specified in the Notice to 
Airmen and the operation is conducted above the altitude used by the 
disaster relief aircraft, unless otherwise authorized by the official in 
charge of on scene emergency response activities.
    (d) When a NOTAM has been issued under paragraph (a)(3) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions is met:
    (1) The operation is conducted directly to or from an airport within 
the

[[Page 196]]

area, or is necessitated by the impracticability of VFR flight above or 
around the area due to weather or terrain, and the operation is not 
conducted for the purpose of observing the incident or event.
    (2) The aircraft is operating under an ATC approved IFR flight plan.
    (3) The aircraft is carrying incident or event personnel, or law 
enforcement officials.
    (4) The aircraft is carrying properly accredited news 
representatives and, prior to entering that area, a flight plan is filed 
with the appropriate FSS or ATC facility specified in the NOTAM.
    (e) Flight plans filed and notifications made with an FSS or ATC 
facility under this section shall include the following information:
    (1) Aircraft identification, type and color.
    (2) Radio communications frequencies to be used.
    (3) Proposed times of entry of, and exit from, the designated area.
    (4) Name of news media or organization and purpose of flight.
    (5) Any other information requested by ATC.



Sec.  91.138  Temporary flight restrictions in national disaster areas 
in the State of Hawaii.

    (a) When the Administrator has determined, pursuant to a request and 
justification provided by the Governor of the State of Hawaii, or the 
Governor's designee, that an inhabited area within a declared national 
disaster area in the State of Hawaii is in need of protection for 
humanitarian reasons, the Administrator will issue a Notice to Airmen 
(NOTAM) designating an area within which temporary flight restrictions 
apply. The Administrator will designate the extent and duration of the 
temporary flight restrictions necessary to provide for the protection of 
persons and property on the surface.
    (b) When a NOTAM has been issued in accordance with this section, no 
person may operate an aircraft within the designated area unless at 
least one of the following conditions is met:
    (1) That person has obtained authorization from the official in 
charge of associated emergency or disaster relief response activities, 
and is operating the aircraft under the conditions of that 
authorization.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is carrying persons involved in an emergency or a 
legitimate scientific purpose.
    (4) The aircraft is carrying properly accredited newspersons, and 
that prior to entering the area, a flight plan is filed with the 
appropriate FAA or ATC facility specified in the NOTAM and the operation 
is conducted in compliance with the conditions and restrictions 
established by the official in charge of on-scene emergency response 
activities.
    (5) The aircraft is operating in accordance with an ATC clearance or 
instruction.
    (c) A NOTAM issued under this section is effective for 90 days or 
until the national disaster area designation is terminated, whichever 
comes first, unless terminated by notice or extended by the 
Administrator at the request of the Governor of the State of Hawaii or 
the Governor's designee.

[Doc. No. 26476, 56 FR 23178, May 20, 1991, as amended by Amdt. 91-270, 
66 FR 47377, Sept. 11, 2001]



Sec.  91.139  Emergency air traffic rules.

    (a) This section prescribes a process for utilizing Notices to 
Airmen (NOTAMs) to advise of the issuance and operations under emergency 
air traffic rules and regulations and designates the official who is 
authorized to issue NOTAMs on behalf of the Administrator in certain 
matters under this section.
    (b) Whenever the Administrator determines that an emergency 
condition exists, or will exist, relating to the FAA's ability to 
operate the air traffic control system and during which normal flight 
operations under this chapter cannot be conducted consistent with the 
required levels of safety and efficiency--
    (1) The Administrator issues an immediately effective air traffic 
rule or regulation in response to that emergency condition; and
    (2) The Administrator or the Associate Administrator for Air Traffic

[[Page 197]]

may utilize the NOTAM system to provide notification of the issuance of 
the rule or regulation.


Those NOTAMs communicate information concerning the rules and 
regulations that govern flight operations, the use of navigation 
facilities, and designation of that airspace in which the rules and 
regulations apply.
    (c) When a NOTAM has been issued under this section, no person may 
operate an aircraft, or other device governed by the regulation 
concerned, within the designated airspace except in accordance with the 
authorizations, terms, and conditions prescribed in the regulation 
covered by the NOTAM.



Sec.  91.141  Flight restrictions in the proximity of the Presidential 
and other parties.

    No person may operate an aircraft over or in the vicinity of any 
area to be visited or traveled by the President, the Vice President, or 
other public figures contrary to the restrictions established by the 
Administrator and published in a Notice to Airmen (NOTAM).



Sec.  91.143  Flight limitation in the proximity of space flight 
operations.

    No person may operate any aircraft of U.S. registry, or pilot any 
aircraft under the authority of an airman certificate issued by the 
Federal Aviation Administration within areas designated in a Notice to 
Airmen (NOTAM) for space flight operations except when authorized by 
ATC, or operated under the control of the Department of Defense Manager 
for Space Transportation System Contingency Support Operations.



Sec.  91.144  Temporary restriction on flight operations during 
abnormally high barometric pressure conditions.

    (a) Special flight restrictions. When any information indicates that 
barometric pressure on the route of flight currently exceeds or will 
exceed 31 inches of mercury, no person may operate an aircraft or 
initiate a flight contrary to the requirements established by the 
Administrator and published in a Notice to Airmen issued under this 
section.
    (b) Waivers. The Administrator is authorized to waive any 
restriction issued under paragraph (a) of this section to permit 
emergency supply, transport, or medical services to be delivered to 
isolated communities, where the operation can be conducted with an 
acceptable level of safety.

[Amdt. 91-240, 59 FR 17452, Apr. 12, 1994; 59 FR 37669, July 25, 1994]



Sec.  91.145  Management of aircraft operations in the vicinity of 
aerial demonstrations and major sporting events.

    (a) The FAA will issue a Notice to Airmen (NOTAM) designating an 
area of airspace in which a temporary flight restriction applies when it 
determines that a temporary flight restriction is necessary to protect 
persons or property on the surface or in the air, to maintain air safety 
and efficiency, or to prevent the unsafe congestion of aircraft in the 
vicinity of an aerial demonstration or major sporting event. These 
demonstrations and events may include:
    (1) United States Naval Flight Demonstration Team (Blue Angels);
    (2) United States Air Force Air Demonstration Squadron 
(Thunderbirds);
    (3) United States Army Parachute Team (Golden Knights);
    (4) Summer/Winter Olympic Games;
    (5) Annual Tournament of Roses Football Game;
    (6) World Cup Soccer;
    (7) Major League Baseball All-Star Game;
    (8) World Series;
    (9) Kodak Albuquerque International Balloon Fiesta;
    (10) Sandia Classic Hang Gliding Competition;
    (11) Indianapolis 500 Mile Race;
    (12) Any other aerial demonstration or sporting event the FAA 
determines to need a temporary flight restriction in accordance with 
paragraph (b) of this section.
    (b) In deciding whether a temporary flight restriction is necessary 
for an aerial demonstration or major sporting event not listed in 
paragraph (a) of this section, the FAA considers the following factors:
    (1) Area where the event will be held.

[[Page 198]]

    (2) Effect flight restrictions will have on known aircraft 
operations.
    (3) Any existing ATC airspace traffic management restrictions.
    (4) Estimated duration of the event.
    (5) Degree of public interest.
    (6) Number of spectators.
    (7) Provisions for spectator safety.
    (8) Number and types of participating aircraft.
    (9) Use of mixed high and low performance aircraft.
    (10) Impact on non-participating aircraft.
    (11) Weather minimums.
    (12) Emergency procedures that will be in effect.
    (c) A NOTAM issued under this section will state the name of the 
aerial demonstration or sporting event and specify the effective dates 
and times, the geographic features or coordinates, and any other 
restrictions or procedures governing flight operations in the designated 
airspace.
    (d) When a NOTAM has been issued in accordance with this section, no 
person may operate an aircraft or device, or engage in any activity 
within the designated airspace area, except in accordance with the 
authorizations, terms, and conditions of the temporary flight 
restriction published in the NOTAM, unless otherwise authorized by:
    (1) Air traffic control; or
    (2) A Flight Standards Certificate of Waiver or Authorization issued 
for the demonstration or event.
    (e) For the purpose of this section:
    (1) Flight restricted airspace area for an aerial demonstration--The 
amount of airspace needed to protect persons and property on the surface 
or in the air, to maintain air safety and efficiency, or to prevent the 
unsafe congestion of aircraft will vary depending on the aerial 
demonstration and the factors listed in paragraph (b) of this section. 
The restricted airspace area will normally be limited to a 5 nautical 
mile radius from the center of the demonstration and an altitude 17000 
mean sea level (for high performance aircraft) or 13000 feet above the 
surface (for certain parachute operations), but will be no greater than 
the minimum airspace necessary for the management of aircraft operations 
in the vicinity of the specified area.
    (2) Flight restricted area for a major sporting event--The amount of 
airspace needed to protect persons and property on the surface or in the 
air, to maintain air safety and efficiency, or to prevent the unsafe 
congestion of aircraft will vary depending on the size of the event and 
the factors listed in paragraph (b) of this section. The restricted 
airspace will normally be limited to a 3 nautical mile radius from the 
center of the event and 2500 feet above the surface but will not be 
greater than the minimum airspace necessary for the management of 
aircraft operations in the vicinity of the specified area.
    (f) A NOTAM issued under this section will be issued at least 30 
days in advance of an aerial demonstration or a major sporting event, 
unless the FAA finds good cause for a shorter period and explains this 
in the NOTAM.
    (g) When warranted, the FAA Administrator may exclude the following 
flights from the provisions of this section:
    (1) Essential military.
    (2) Medical and rescue.
    (3) Presidential and Vice Presidential.
    (4) Visiting heads of state.
    (5) Law enforcement and security.
    (6) Public health and welfare.

[Doc. No. FAA-2000-8274, 66 FR 47378, Sept. 11, 2001]



Sec. Sec.  91.146-91.149  [Reserved]

                           Visual Flight Rules



Sec.  91.151  Fuel requirements for flight in VFR conditions.

    (a) No person may begin a flight in an airplane under VFR conditions 
unless (considering wind and forecast weather conditions) there is 
enough fuel to fly to the first point of intended landing and, assuming 
normal cruising speed--
    (1) During the day, to fly after that for at least 30 minutes; or
    (2) At night, to fly after that for at least 45 minutes.
    (b) No person may begin a flight in a rotorcraft under VFR 
conditions unless (considering wind and forecast weather conditions) 
there is enough fuel to fly to the first point of intended landing

[[Page 199]]

and, assuming normal cruising speed, to fly after that for at least 20 
minutes.



Sec.  91.153  VFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing a VFR flight plan shall include in it the following 
information:
    (1) The aircraft identification number and, if necessary, its radio 
call sign.
    (2) The type of the aircraft or, in the case of a formation flight, 
the type of each aircraft and the number of aircraft in the formation.
    (3) The full name and address of the pilot in command or, in the 
case of a formation flight, the formation commander.
    (4) The point and proposed time of departure.
    (5) The proposed route, cruising altitude (or flight level), and 
true airspeed at that altitude.
    (6) The point of first intended landing and the estimated elapsed 
time until over that point.
    (7) The amount of fuel on board (in hours).
    (8) The number of persons in the aircraft, except where that 
information is otherwise readily available to the FAA.
    (9) Any other information the pilot in command or ATC believes is 
necessary for ATC purposes.
    (b) Cancellation. When a flight plan has been activated, the pilot 
in command, upon canceling or completing the flight under the flight 
plan, shall notify an FAA Flight Service Station or ATC facility.



Sec.  91.155  Basic VFR weather minimums.

    (a) Except as provided in paragraph (b) of this section and Sec.  
91.157, no person may operate an aircraft under VFR when the flight 
visibility is less, or at a distance from clouds that is less, than that 
prescribed for the corresponding altitude and class of airspace in the 
following table:

------------------------------------------------------------------------
                                                          Distance from
           Airspace                Flight visibility         clouds
------------------------------------------------------------------------
Class A.......................  Not Applicable........  Not Applicable.
Class B.......................  3 statute miles.......  Clear of Clouds.
Class C.......................  3 statute miles.......  500 feet below.
                                                        1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal.
Class D.......................  3 statute miles.......  500 feet below.
                                                        1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal.
Class E:
  Less than 10,000 feet MSL...  3 statute miles.......  500 feet below.
                                                        1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal
  At or above 10,000 feet MSL.  5 statute miles.......  1,000 feet
                                                         below.
                                                        1,000 feet
                                                         above.
                                                        1 statute mile
                                                         horizontal.
Class G:
  1,200 feet or less above the
   surface (regardless of MSL
   altitude).
Day, except as provided in      1 statute mile........  Clear of clouds.
 Sec.   91.155(b).
Night, except as provided in    3 statute miles.......  500 feet below.
 Sec.   91.155(b).                                      1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal.
More than 1,200 feet above the
 surface but less than 10,000
 feet MSL
Day...........................  1 statute mile........  500 feet below.
                                                        1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal.
Night.........................  3 statute miles.......  500 feet below.
                                                        1,000 feet
                                                         above.
                                                        2,000 feet
                                                         horizontal.
More than 1,200 feet above the  5 statute miles.......  1,000 feet
 surface and at or above                                 below.
 10,000 feet MSL.                                       1,000 feet
                                                         above.
                                                        1 statute mile
                                                         horizontal.
------------------------------------------------------------------------

    (b) Class G Airspace. Notwithstanding the provisions of paragraph 
(a) of this section, the following operations may be conducted in Class 
G airspace below 1,200 feet above the surface:
    (1) Helicopter. A helicopter may be operated clear of clouds if 
operated at a speed that allows the pilot adequate opportunity to see 
any air traffic or obstruction in time to avoid a collision.
    (2) Airplane. When the visibility is less than 3 statute miles but 
not less than 1 statute mile during night hours, an airplane may be 
operated clear of clouds if operated in an airport traffic pattern 
within one-half mile of the runway.
    (c) Except as provided in Sec.  91.157, no person may operate an 
aircraft beneath

[[Page 200]]

the ceiling under VFR within the lateral boundaries of controlled 
airspace designated to the surface for an airport when the ceiling is 
less than 1,000 feet.
    (d) Except as provided in Sec.  91.157 of this part, no person may 
take off or land an aircraft, or enter the traffic pattern of an 
airport, under VFR, within the lateral boundaries of the surface areas 
of Class B, Class C, Class D, or Class E airspace designated for an 
airport--
    (1) Unless ground visibility at that airport is at least 3 statute 
miles; or
    (2) If ground visibility is not reported at that airport, unless 
flight visibility during landing or takeoff, or while operating in the 
traffic pattern is at least 3 statute miles.
    (e) For the purpose of this section, an aircraft operating at the 
base altitude of a Class E airspace area is considered to be within the 
airspace directly below that area.

[Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91-235, 
58 FR 51968, Oct. 5, 1993]



Sec.  91.157  Special VFR weather minimums.

    (a) Except as provided in appendix D, section 3, of this part, 
special VFR operations may be conducted under the weather minimums and 
requirements of this section, instead of those contained in Sec.  
91.155, below 10,000 feet MSL within the airspace contained by the 
upward extension of the lateral boundaries of the controlled airspace 
designated to the surface for an airport.
    (b) Special VFR operations may only be conducted--
    (1) With an ATC clearance;
    (2) Clear of clouds;
    (3) Except for helicopters, when flight visibility is at least 1 
statute mile; and
    (4) Except for helicopters, between sunrise and sunset (or in 
Alaska, when the sun is 6 degrees or more below the horizon) unless--
    (i) The person being granted the ATC clearance meets the applicable 
requirements for instrument flight under part 61 of this chapter; and
    (ii) The aircraft is equipped as required in Sec.  91.205(d).
    (c) No person may take off or land an aircraft (other than a 
helicopter) under special VFR--
    (1) Unless ground visibility is at least 1 statute mile; or
    (2) If ground visibility is not reported, unless flight visibility 
is at least 1 statute mile. For the purposes of this paragraph, the term 
flight visibility includes the visibility from the cockpit of an 
aircraft in takeoff position if:
    (i) The flight is conducted under this part 91; and
    (ii) The airport at which the aircraft is located is a satellite 
airport that does not have weather reporting capabilities.
    (d) The determination of visibility by a pilot in accordance with 
paragraph (c)(2) of this section is not an official weather report or an 
official ground visibility report.

[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91-247, 60 
FR 66874, Dec. 27, 1995; Amdt. 91-262, 65 FR 16116, Mar. 24, 2000]



Sec.  91.159  VFR cruising altitude or flight level.

    Except while holding in a holding pattern of 2 minutes or less, or 
while turning, each person operating an aircraft under VFR in level 
cruising flight more than 3,000 feet above the surface shall maintain 
the appropriate altitude or flight level prescribed below, unless 
otherwise authorized by ATC:
    (a) When operating below 18,000 feet MSL and--
    (1) On a magnetic course of zero degrees through 179 degrees, any 
odd thousand foot MSL altitude +500 feet (such as 3,500, 5,500, or 
7,500); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
even thousand foot MSL altitude +500 feet (such as 4,500, 6,500, or 
8,500).
    (b) When operating above 18,000 feet MSL to flight level 290 
(inclusive) and--
    (1) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level +500 feet (such as 195, 215, or 235); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level +500 feet (such as 185, 205, or 225).
    (c) When operating above flight level 290 and--

[[Page 201]]

    (1) On a magnetic course of zero degrees through 179 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 300 (such as flight level 300, 340, or 380) or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 320 (such as flight level 320, 360, or 400).

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-276, 
68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]

    Effective Date Note: By Amdt. 91-276, 68 FR 70133, Dec. 17, 2003, 
Sec.  91.159 was amended by revising paragraph (b), and removing 
paragraph (c), effective Jan. 26, 2004. For the convenience of the user, 
the revised text follows:

Sec.  91.159  VFR cruising altitude or flight level.

                                * * * * *

    (b) When operating above 18,000 feet MSL, maintain the altitude or 
flight level assigned by ATC.

                                * * * * *



Sec. Sec.  91.161-91.165  [Reserved]

                         Instrument Flight Rules



Sec.  91.167  Fuel requirements for flight in IFR conditions.

    (a) No person may operate a civil aircraft in IFR conditions unless 
it carries enough fuel (considering weather reports and forecasts and 
weather conditions) to--
    (1) Complete the flight to the first airport of intended landing;
    (2) Except as provided in paragraph (b) of this section, fly from 
that airport to the alternate airport; and
    (3) Fly after that for 45 minutes at normal cruising speed or, for 
helicopters, fly after that for 30 minutes at normal cruising speed.
    (b) Paragraph (a)(2) of this section does not apply if:
    (1) Part 97 of this chapter prescribes a standard instrument 
approach procedure to, or a special instrument approach procedure has 
been issued by the Administrator to the operator for, the first airport 
of intended landing; and
    (2) Appropriate weather reports or weather forecasts, or a 
combination of them, indicate the following:
    (i) For aircraft other than helicopters. For at least 1 hour before 
and for 1 hour after the estimated time of arrival, the ceiling will be 
at least 2,000 feet above the airport elevation and the visibility will 
be at least 3 statute miles.
    (ii) For helicopters. At the estimated time of arrival and for 1 
hour after the estimated time of arrival, the ceiling will be at least 
1,000 feet above the airport elevation, or at least 400 feet above the 
lowest applicable approach minima, whichever is higher, and the 
visibility will be at least 2 statute miles.

[Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000]



Sec.  91.169  IFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing an IFR flight plan must include in it the following 
information:
    (1) Information required under Sec.  91.153 (a) of this part;
    (2) Except as provided in paragraph (b) of this section, an 
alternate airport.
    (b) Paragraph (a)(2) of this section does not apply if :
    (1) Part 97 of this chapter prescribes a standard instrument 
approach procedure to, or a special instrument approach procedure has 
been issued by the Administrator to the operator for, the first airport 
of intended landing; and
    (2) Appropriate weather reports or weather forecasts, or a 
combination of them, indicate the following:
    (i) For aircraft other than helicopters. For at least 1 hour before 
and for 1 hour after the estimated time of arrival, the ceiling will be 
at least 2,000 feet above the airport elevation and the visibility will 
be at least 3 statute miles.
    (ii) For helicopters. At the estimated time of arrival and for 1 
hour after the estimated time of arrival, the ceiling will be at least 
1,000 feet above the airport elevation, or at least 400 feet above the 
lowest applicable approach minima, whichever is higher, and the 
visibility will be at least 2 statute miles.

[[Page 202]]

    (c) IFR alternate airport weather minima. Unless otherwise 
authorized by the Administrator, no person may include an alternate 
airport in an IFR flight plan unless appropriate weather reports or 
weather forecasts, or a combination of them, indicate that, at the 
estimated time of arrival at the alternate airport, the ceiling and 
visibility at that airport will be at or above the following weather 
minima:
    (1) If an instrument approach procedure has been published in part 
97 of this chapter, or a special instrument approach procedure has been 
issued by the Administrator to the operator, for that airport, the 
following minima:
    (i) For aircraft other than helicopters: The alternate airport 
minima specified in that procedure, or if none are specified the 
following standard approach minima:
    (A) For a precision approach procedure. Ceiling 600 feet and 
visibility 2 statute miles.
    (B) For a nonprecision approach procedure. Ceiling 800 feet and 
visibility 2 statute miles.
    (ii) For helicopters: Ceiling 200 feet above the minimum for the 
approach to be flown, and visibility at least 1 statute mile but never 
less than the minimum visibility for the approach to be flown, and
    (2) If no instrument approach procedure has been published in part 
97 of this chapter and no special instrument approach procedure has been 
issued by the Administrator to the operator, for the alternate airport, 
the ceiling and visibility minima are those allowing descent from the 
MEA, approach, and landing under basic VFR.
    (d) Cancellation. When a flight plan has been activated, the pilot 
in command, upon canceling or completing the flight under the flight 
plan, shall notify an FAA Flight Service Station or ATC facility.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-259, 
65 FR 3546, Jan. 21, 2000]



Sec.  91.171  VOR equipment check for IFR operations.

    (a) No person may operate a civil aircraft under IFR using the VOR 
system of radio navigation unless the VOR equipment of that aircraft--
    (1) Is maintained, checked, and inspected under an approved 
procedure; or
    (2) Has been operationally checked within the preceding 30 days, and 
was found to be within the limits of the permissible indicated bearing 
error set forth in paragraph (b) or (c) of this section.
    (b) Except as provided in paragraph (c) of this section, each person 
conducting a VOR check under paragraph (a)(2) of this section shall--
    (1) Use, at the airport of intended departure, an FAA-operated or 
approved test signal or a test signal radiated by a certificated and 
appropriately rated radio repair station or, outside the United States, 
a test signal operated or approved by an appropriate authority to check 
the VOR equipment (the maximum permissible indicated bearing error is 
plus or minus 4 degrees); or
    (2) Use, at the airport of intended departure, a point on the 
airport surface designated as a VOR system checkpoint by the 
Administrator, or, outside the United States, by an appropriate 
authority (the maximum permissible bearing error is plus or minus 4 
degrees);
    (3) If neither a test signal nor a designated checkpoint on the 
surface is available, use an airborne checkpoint designated by the 
Administrator or, outside the United States, by an appropriate authority 
(the maximum permissible bearing error is plus or minus 6 degrees); or
    (4) If no check signal or point is available, while in flight--
    (i) Select a VOR radial that lies along the centerline of an 
established VOR airway;
    (ii) Select a prominent ground point along the selected radial 
preferably more than 20 nautical miles from the VOR ground facility and 
maneuver the aircraft directly over the point at a reasonably low 
altitude; and
    (iii) Note the VOR bearing indicated by the receiver when over the 
ground point (the maximum permissible variation between the published 
radial and the indicated bearing is 6 degrees).
    (c) If dual system VOR (units independent of each other except for 
the antenna) is installed in the aircraft, the person checking the 
equipment

[[Page 203]]

may check one system against the other in place of the check procedures 
specified in paragraph (b) of this section. Both systems shall be tuned 
to the same VOR ground facility and note the indicated bearings to that 
station. The maximum permissible variation between the two indicated 
bearings is 4 degrees.
    (d) Each person making the VOR operational check, as specified in 
paragraph (b) or (c) of this section, shall enter the date, place, 
bearing error, and sign the aircraft log or other record. In addition, 
if a test signal radiated by a repair station, as specified in paragraph 
(b)(1) of this section, is used, an entry must be made in the aircraft 
log or other record by the repair station certificate holder or the 
certificate holder's representative certifying to the bearing 
transmitted by the repair station for the check and the date of 
transmission.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.173  ATC clearance and flight plan required.

    No person may operate an aircraft in controlled airspace under IFR 
unless that person has--
    (a) Filed an IFR flight plan; and
    (b) Received an appropriate ATC clearance.



Sec.  91.175  Takeoff and landing under IFR.

    (a) Instrument approaches to civil airports.
    Unless otherwise authorized by the Administrator, when an instrument 
letdown to a civil airport is necessary, each person operating an 
aircraft, except a military aircraft of the United States, shall use a 
standard instrument approach procedure prescribed for the airport in 
part 97 of this chapter.
    (b) Authorized DH or MDA. For the purpose of this section, when the 
approach procedure being used provides for and requires the use of a DH 
or MDA, the authorized DH or MDA is the highest of the following:
    (1) The DH or MDA prescribed by the approach procedure.
    (2) The DH or MDA prescribed for the pilot in command.
    (3) The DH or MDA for which the aircraft is equipped.
    (c) Operation below DH or MDA. Where a DH or MDA is applicable, no 
pilot may operate an aircraft, except a military aircraft of the United 
States, at any airport 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 for operations conducted under part 
121 or part 135 unless 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 being used; and
    (3) Except for a Category II or Category III approach where any 
necessary visual reference requirements are specified by 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.
    (d) Landing. No pilot operating an aircraft, except a military 
aircraft of the United States, may land that aircraft when the flight 
visibility is less than the visibility prescribed in the standard 
instrument approach procedure being used.
    (e) Missed approach procedures. Each pilot operating an aircraft, 
except a military aircraft of the United States,

[[Page 204]]

shall immediately execute an appropriate missed approach procedure when 
either of the following conditions exist:
    (1) Whenever the requirements of paragraph (c) of this section are 
not met at either of the following times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DH where 
a DH is specified and its use is required, and at any time after that 
until touchdown.
    (2) Whenever an identifiable part of the airport is not distinctly 
visible to the pilot during a circling maneuver at or above MDA, unless 
the inability to see an identifiable part of the airport results only 
from a normal bank of the aircraft during the circling approach.
    (f) Civil airport takeoff minimums. Unless otherwise authorized by 
the Administrator, no pilot operating an aircraft under parts 121, 125, 
129, or 135 of this chapter may take off from a civil airport under IFR 
unless weather conditions are at or above the weather minimum for IFR 
takeoff prescribed for that airport under part 97 of this chapter. If 
takeoff minimums are not prescribed under part 97 of this chapter for a 
particular airport, the following minimums apply to takeoffs under IFR 
for aircraft operating under those parts:
    (1) For aircraft, other than helicopters, having two engines or 
less--1 statute mile visibility.
    (2) For aircraft having more than two engines--\1/2\ statute mile 
visibility.
    (3) For helicopters--\1/2\ statute mile visibility.
    (g) Military airports. Unless otherwise prescribed by the 
Administrator, each person operating a civil aircraft under IFR into or 
out of a military airport shall comply with the instrument approach 
procedures and the takeoff and landing minimum prescribed by the 
military authority having jurisdiction of that airport.
    (h) Comparable values of RVR and ground visibility. (1) Except for 
Category II or Category III minimums, if RVR minimums for takeoff or 
landing are prescribed in an instrument approach procedure, but RVR is 
not reported for the runway of intended operation, the RVR minimum shall 
be converted to ground visibility in accordance with the table in 
paragraph (h)(2) of this section and shall be the visibility minimum for 
takeoff or landing on that runway.
    (2)

------------------------------------------------------------------------
                                                              Visibility
                         RVR (feet)                            (statute
                                                                miles)
------------------------------------------------------------------------
1,600......................................................        \1/4\
2,400......................................................        \1/2\
3,200......................................................        \5/8\
4,000......................................................        \3/4\
4,500......................................................        \7/8\
5,000......................................................            1
6,000......................................................       1\1/4\
------------------------------------------------------------------------

    (i) Operations on unpublished routes and use of radar in instrument 
approach procedures. When radar is approved at certain locations for ATC 
purposes, it may be used not only for surveillance and precision radar 
approaches, as applicable, but also may be used in conjunction with 
instrument approach procedures predicated on other types of radio 
navigational aids. Radar vectors may be authorized to provide course 
guidance through the segments of an approach to the final course or fix. 
When operating on an unpublished route or while being radar vectored, 
the pilot, when an approach clearance is received, shall, in addition to 
complying with Sec.  91.177, maintain the last altitude assigned to that 
pilot until the aircraft is established on a segment of a published 
route or instrument approach procedure unless a different altitude is 
assigned by ATC. After the aircraft is so established, published 
altitudes apply to descent within each succeeding route or approach 
segment unless a different altitude is assigned by ATC. Upon reaching 
the final approach course or fix, the pilot may either complete the 
instrument approach in accordance with a procedure approved for the 
facility or continue a surveillance or precision radar approach to a 
landing.
    (j) Limitation on procedure turns. In the case of a radar vector to 
a final approach course or fix, a timed approach from a holding fix, or 
an approach for which the procedure specifies ``No PT,'' no pilot may 
make a procedure turn unless cleared to do so by ATC.
    (k) ILS components. The basic ground components of an ILS are the 
localizer,

[[Page 205]]

glide slope, outer marker, middle marker, and, when installed for use 
with Category II or Category III instrument approach procedures, an 
inner marker. A compass locator or precision radar may be substituted 
for the outer or middle marker. DME, VOR, or nondirectional beacon fixes 
authorized in the standard instrument approach procedure or surveillance 
radar may be substituted for the outer marker. Applicability of, and 
substitution for, the inner marker for Category II or III approaches is 
determined by the appropriate part 97 approach procedure, letter of 
authorization, or operations specification pertinent to the operations.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001]



Sec.  91.177  Minimum altitudes for IFR operations.

    (a) Operation of aircraft at minimum altitudes. Except when 
necessary for takeoff or landing, no person may operate an aircraft 
under IFR below--
    (1) The applicable minimum altitudes prescribed in parts 95 and 97 
of this chapter; or
    (2) If no applicable minimum altitude is prescribed in those parts--
    (i) In the case of operations over an area designated as a 
mountainous area in part 95, an altitude of 2,000 feet above the highest 
obstacle within a horizontal distance of 4 nautical miles from the 
course to be flown; or
    (ii) In any other case, an altitude of 1,000 feet above the highest 
obstacle within a horizontal distance of 4 nautical miles from the 
course to be flown.

However, if both a MEA and a MOCA are prescribed for a particular route 
or route segment, a person may operate an aircraft below the MEA down 
to, but not below, the MOCA, when within 22 nautical miles of the VOR 
concerned (based on the pilot's reasonable estimate of that distance).
    (b) Climb. Climb to a higher minimum IFR altitude shall begin 
immediately after passing the point beyond which that minimum altitude 
applies, except that when ground obstructions intervene, the point 
beyond which that higher minimum altitude applies shall be crossed at or 
above the applicable MCA.



Sec.  91.179  IFR cruising altitude or flight level.

    (a) In controlled airspace. Each person operating an aircraft under 
IFR in level cruising flight in controlled airspace shall maintain the 
altitude or flight level assigned that aircraft by ATC. However, if the 
ATC clearance assigns ``VFR conditions on-top,'' that person shall 
maintain an altitude or flight level as prescribed by Sec.  91.159.
    (b) In uncontrolled airspace. Except while in a holding pattern of 2 
minutes or less or while turning, each person operating an aircraft 
under IFR in level cruising flight in uncontrolled airspace shall 
maintain an appropriate altitude as follows:
    (1) When operating below 18,000 feet MSL and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).
    (2) When operating at or above 18,000 feet MSL but below flight 
level 290, and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level (such as 190, 210, or 230); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level (such as 180, 200, or 220).
    (3) When operating at flight level 290 and above airspace, and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 290 (such as flight level 290, 330, or 370); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 310 (such as flight level 310, 350, or 390).

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-276, 
68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]

    Effective Date Note: By Amdt. 91-276, 68 FR 70133, Dec. 17, 2003, 
Sec.  91.179 was amended by revising paragraph (b)(3) introductory

[[Page 206]]

text, and adding a new paragraph (b)(4), effective Jan. 26, 2004. For 
the convenience of the user, the revised text follows:

Sec.  91.179  IFR cruising altitude or flight level.

    (b) * * *
    (3) When operating at flight level 290 and above in non-RVSM 
airspace, and--

                                * * * * *

    (4) When operating at flight level 290 and above in airspace 
designated as Reduced Vertical Separation Minimum (RVSM) airspace and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level, at 2,000-foot intervals beginning at and including 
flight level 290 (such as flight level 290, 310, 330, 350, 370, 390, 
410); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level, at 2000-foot intervals beginning at and including 
flight level 300 (such as 300, 320, 340, 360, 380, 400).



Sec.  91.180  Operations within airspace designated as Reduced Vertical 
Separation Minimum airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft in airspace designated as Reduced Vertical 
Separation Minimum (RVSM) airspace unless:
    (1) The operator and the operator's aircraft comply with the minimum 
standards of appendix G of this part; and
    (2) The operator is authorized by the Administrator or the country 
of registry to conduct such operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section.

[Amdt. 91-276, 68 FR 70133, Dec. 17, 2003]

    Effective Date Note: By Doc. No. FAA-2002-12261, Sec.  91.180 was 
added, effective Jan. 26, 2004.



Sec.  91.181  Course to be flown.

    Unless otherwise authorized by ATC, no person may operate an 
aircraft within controlled airspace under IFR except as follows:
    (a) On a Federal airway, along the centerline of that airway.
    (b) On any other route, along the direct course between the 
navigational aids or fixes defining that route. However, this section 
does not prohibit maneuvering the aircraft to pass well clear of other 
air traffic or the maneuvering of the aircraft in VFR conditions to 
clear the intended flight path both before and during climb or descent.



Sec.  91.183  IFR radio communications.

    The pilot in command of each aircraft operated under IFR in 
controlled airspace shall have a continuous watch maintained on the 
appropriate frequency and shall report by radio as soon as possible--
    (a) The time and altitude of passing each designated reporting 
point, or the reporting points specified by ATC, except that while the 
aircraft is under radar control, only the passing of those reporting 
points specifically requested by ATC need be reported;
    (b) Any unforecast weather conditions encountered; and
    (c) Any other information relating to the safety of flight.



Sec.  91.185  IFR operations: Two-way radio communications failure.

    (a) General. Unless otherwise authorized by ATC, each pilot who has 
two-way radio communications failure when operating under IFR shall 
comply with the rules of this section.
    (b) VFR conditions. If the failure occurs in VFR conditions, or if 
VFR conditions are encountered after the failure, each pilot shall 
continue the flight under VFR and land as soon as practicable.
    (c) IFR conditions. If the failure occurs in IFR conditions, or if 
paragraph (b) of this section cannot be complied with, each pilot shall 
continue the flight according to the following:
    (1) Route. (i) By the route assigned in the last ATC clearance 
received;
    (ii) If being radar vectored, by the direct route from the point of 
radio failure to the fix, route, or airway specified in the vector 
clearance;
    (iii) In the absence of an assigned route, by the route that ATC has 
advised may be expected in a further clearance; or
    (iv) In the absence of an assigned route or a route that ATC has 
advised may be expected in a further clearance, by the route filed in 
the flight plan.
    (2) Altitude. At the highest of the following altitudes or flight 
levels for the route segment being flown:

[[Page 207]]

    (i) The altitude or flight level assigned in the last ATC clearance 
received;
    (ii) The minimum altitude (converted, if appropriate, to minimum 
flight level as prescribed in Sec.  91.121(c)) for IFR operations; or
    (iii) The altitude or flight level ATC has advised may be expected 
in a further clearance.
    (3) Leave clearance limit. (i) When the clearance limit is a fix 
from which an approach begins, commence descent or descent and approach 
as close as possible to the expect-further-clearance time if one has 
been received, or if one has not been received, as close as possible to 
the estimated time of arrival as calculated from the filed or amended 
(with ATC) estimated time en route.
    (ii) If the clearance limit is not a fix from which an approach 
begins, leave the clearance limit at the expect-further-clearance time 
if one has been received, or if none has been received, upon arrival 
over the clearance limit, and proceed to a fix from which an approach 
begins and commence descent or descent and approach as close as possible 
to the estimated time of arrival as calculated from the filed or amended 
(with ATC) estimated time en route.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]



Sec.  91.187  Operation under IFR in controlled airspace: Malfunction reports.

    (a) The pilot in command of each aircraft operated in controlled 
airspace under IFR shall report as soon as practical to ATC any 
malfunctions of navigational, approach, or communication equipment 
occurring in flight.
    (b) In each report required by paragraph (a) of this section, the 
pilot in command shall include the--
    (1) Aircraft identification;
    (2) Equipment affected;
    (3) Degree to which the capability of the pilot to operate under IFR 
in the ATC system is impaired; and
    (4) Nature and extent of assistance desired from ATC.



Sec.  91.189  Category II and III operations: General operating rules.

    (a) No person may operate a civil aircraft in a Category II or III 
operation unless--
    (1) The flight crew of the aircraft consists of a pilot in command 
and a second in command who hold the appropriate authorizations and 
ratings prescribed in Sec.  61.3 of this chapter;
    (2) Each flight crewmember has adequate knowledge of, and 
familiarity with, the aircraft and the procedures to be used; and
    (3) The instrument panel in front of the pilot who is controlling 
the aircraft has appropriate instrumentation for the type of flight 
control guidance system that is being used.
    (b) Unless otherwise authorized by the Administrator, no person may 
operate a civil aircraft in a Category II or Category III operation 
unless each ground component required for that operation and the related 
airborne equipment is installed and operating.
    (c) Authorized DH. For the purpose of this section, when the 
approach procedure being used provides for and requires the use of a DH, 
the authorized DH is the highest of the following:
    (1) The DH prescribed by the approach procedure.
    (2) The DH prescribed for the pilot in command.
    (3) The DH for which the aircraft is equipped.
    (d) Unless otherwise authorized by the Administrator, no pilot 
operating an aircraft in a Category II or Category III approach that 
provides and requires use of a DH may continue the approach below the 
authorized decision height unless the following conditions are met:
    (1) The aircraft is 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) 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

[[Page 208]]

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 touchdown zone or touchdown zone markings.
    (vi) The touchdown zone lights.
    (e) Unless otherwise authorized by the Administrator, each pilot 
operating an aircraft shall immediately execute an appropriate missed 
approach whenever, prior to touchdown, the requirements of paragraph (d) 
of this section are not met.
    (f) No person operating an aircraft using a Category III approach 
without decision height may land that aircraft except in accordance with 
the provisions of the letter of authorization issued by the 
Administrator.
    (g) Paragraphs (a) through (f) of this section do not apply to 
operations conducted by certificate holders operating under part 121, 
125, 129, or 135 of this chapter, or holders of management 
specifications issued in accordance with subpart K of this part. Holders 
of operations specifications or management specifications may operate a 
civil aircraft in a Category II or Category III operation only in 
accordance with their operations specifications or management 
specifications, as applicable.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54560, Sept. 17, 2003]



Sec.  91.191  Category II and Category III manual.

    (a) Except as provided in paragraph (c) of this section, after 
August 4, 1997, no person may operate a U.S.-registered civil aircraft 
in a Category II or a Category III operation unless--
    (1) There is available in the aircraft a current and approved 
Category II or Category III manual, as appropriate, for that aircraft;
    (2) The operation is conducted in accordance with the procedures, 
instructions, and limitations in the appropriate manual; and
    (3) The instruments and equipment listed in the manual that are 
required for a particular Category II or Category III operation have 
been inspected and maintained in accordance with the maintenance program 
contained in the manual.
    (b) Each operator must keep a current copy of each approved manual 
at its principal base of operations and must make each manual available 
for inspection upon request by the Administrator.
    (c) This section does not apply to operations conducted by a 
certificate holder operating under part 121 or part 135 of this chapter 
or a holder of management specifications issued in accordance with 
subpart K of this part.

[Doc. No. 26933, 61 FR 34560, July 2, 1996, as amended by Amdt. 91-274, 
68 FR 54560, Sept. 17, 2003]



Sec.  91.193  Certificate of authorization for certain Category II operations.

    The Administrator may issue a certificate of authorization 
authorizing deviations from the requirements of Sec. Sec.  91.189, 
91.191, and 91.205(f) for the operation of small aircraft identified as 
Category A aircraft in Sec.  97.3 of this chapter in Category II 
operations if the Administrator finds that the proposed operation can be 
safely conducted under the terms of the certificate. Such authorization 
does not permit operation of the aircraft carrying persons or property 
for compensation or hire.



Sec. Sec.  91.195-91.199  [Reserved]



      Subpart C_Equipment, Instrument, and Certificate Requirements

    Source: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.201  [Reserved]



Sec.  91.203  Civil aircraft: Certifications required.

    (a) Except as provided in Sec.  91.715, no person may operate a 
civil aircraft unless it has within it the following:
    (1) An appropriate and current airworthiness certificate. Each U.S. 
airworthiness certificate used to comply with this subparagraph (except 
a special flight permit, a copy of the applicable operations 
specifications issued

[[Page 209]]

under Sec.  21.197(c) of this chapter, appropriate sections of the air 
carrier manual required by parts 121 and 135 of this chapter containing 
that portion of the operations specifications issued under Sec.  
21.197(c), or an authorization under Sec.  91.611) must have on it the 
registration number assigned to the aircraft under part 47 of this 
chapter. However, the airworthiness certificate need not have on it an 
assigned special identification number before 10 days after that number 
is first affixed to the aircraft. A revised airworthiness certificate 
having on it an assigned special identification number, that has been 
affixed to an aircraft, may only be obtained upon application to an FAA 
Flight Standards district office.
    (2) An effective U.S. registration certificate issued to its owner 
or, for operation within the United States, the second duplicate copy 
(pink) of the Aircraft Registration Application as provided for in Sec.  
47.31(b), or a registration certificate issued under the laws of a 
foreign country.
    (b) No person may operate a civil aircraft unless the airworthiness 
certificate required by paragraph (a) of this section or a special 
flight authorization issued under Sec.  91.715 is displayed at the cabin 
or cockpit entrance so that it is legible to passengers or crew.
    (c) No person may operate an aircraft with a fuel tank installed 
within the passenger compartment or a baggage compartment unless the 
installation was accomplished pursuant to part 43 of this chapter, and a 
copy of FAA Form 337 authorizing that installation is on board the 
aircraft.
    (d) No person may operate a civil airplane (domestic or foreign) 
into or out of an airport in the United States unless it complies with 
the fuel venting and exhaust emissions requirements of part 34 of this 
chapter.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-218, 
55 FR 32861, Aug. 10, 1990]



Sec.  91.205  Powered civil aircraft with standard category U.S. 
airworthiness certificates: Instrument and equipment requirements.

    (a) General. Except as provided in paragraphs (c)(3) and (e) of this 
section, no person may operate a powered civil aircraft with a standard 
category U.S. airworthiness certificate in any operation described in 
paragraphs (b) through (f) of this section unless that aircraft contains 
the instruments and equipment specified in those paragraphs (or FAA-
approved equivalents) for that type of operation, and those instruments 
and items of equipment are in operable condition.
    (b) Visual-flight rules (day). For VFR flight during the day, the 
following instruments and equipment are required:
    (1) Airspeed indicator.
    (2) Altimeter.
    (3) Magnetic direction indicator.
    (4) Tachometer for each engine.
    (5) Oil pressure gauge for each engine using pressure system.
    (6) Temperature gauge for each liquid-cooled engine.
    (7) Oil temperature gauge for each air-cooled engine.
    (8) Manifold pressure gauge for each altitude engine.
    (9) Fuel gauge indicating the quantity of fuel in each tank.
    (10) Landing gear position indicator, if the aircraft has a 
retractable landing gear.
    (11) For small civil airplanes certificated after March 11, 1996, in 
accordance with part 23 of this chapter, an approved aviation red or 
aviation white anticollision light system. In the event of failure of 
any light of the anticollision light system, operation of the aircraft 
may continue to a location where repairs or replacement can be made.
    (12) If the aircraft is operated for hire over water and beyond 
power-off gliding distance from shore, approved flotation gear readily 
available to each occupant and at least one pyrotechnic signaling 
device. As used in this section, ``shore'' means that area of the land 
adjacent to the water which is above the high water mark and excludes 
land areas which are intermittently under water.
    (13) An approved safety belt with an approved metal-to-metal 
latching device for each occupant 2 years of age or older.
    (14) For small civil airplanes manufactured after July 18, 1978, an 
approved shoulder harness for each front

[[Page 210]]

seat. The shoulder harness must be designed to protect the occupant from 
serious head injury when the occupant experiences the ultimate inertia 
forces specified in Sec.  23.561(b)(2) of this chapter. Each shoulder 
harness installed at a flight crewmember station must permit the 
crewmember, when seated and with the safety belt and shoulder harness 
fastened, to perform all functions necessary for flight operations. For 
purposes of this paragraph--
    (i) The date of manufacture of an airplane is the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data; and
    (ii) A front seat is a seat located at a flight crewmember station 
or any seat located alongside such a seat.
    (15) An emergency locator transmitter, if required by Sec.  91.207.
    (16) For normal, utility, and acrobatic category airplanes with a 
seating configuration, excluding pilot seats, of 9 or less, manufactured 
after December 12, 1986, a shoulder harness for--
    (i) Each front seat that meets the requirements of Sec.  23.785 (g) 
and (h) of this chapter in effect on December 12, 1985;
    (ii) Each additional seat that meets the requirements of Sec.  
23.785(g) of this chapter in effect on December 12, 1985.
    (17) For rotorcraft manufactured after September 16, 1992, a 
shoulder harness for each seat that meets the requirements of Sec.  27.2 
or Sec.  29.2 of this chapter in effect on September 16, 1991.
    (c) Visual flight rules (night). For VFR flight at night, the 
following instruments and equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this 
section.
    (2) Approved position lights.
    (3) An approved aviation red or aviation white anticollision light 
system on all U.S.-registered civil aircraft. Anticollision light 
systems initially installed after August 11, 1971, on aircraft for which 
a type certificate was issued or applied for before August 11, 1971, 
must at least meet the anticollision light standards of part 23, 25, 27, 
or 29 of this chapter, as applicable, that were in effect on August 10, 
1971, except that the color may be either aviation red or aviation 
white. In the event of failure of any light of the anticollision light 
system, operations with the aircraft may be continued to a stop where 
repairs or replacement can be made.
    (4) If the aircraft is operated for hire, one electric landing 
light.
    (5) An adequate source of electrical energy for all installed 
electrical and radio equipment.
    (6) One spare set of fuses, or three spare fuses of each kind 
required, that are accessible to the pilot in flight.
    (d) Instrument flight rules. For IFR flight, the following 
instruments and equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this 
section, and, for night flight, instruments and equipment specified in 
paragraph (c) of this section.
    (2) Two-way radio communications system and navigational equipment 
appropriate to the ground facilities to be used.
    (3) Gyroscopic rate-of-turn indicator, except on the following 
aircraft:
    (i) Airplanes with a third attitude instrument system usable through 
flight attitudes of 360 degrees of pitch and roll and installed in 
accordance with the instrument requirements prescribed in Sec.  
121.305(j) of this chapter; and
    (ii) Rotorcraft with a third attitude instrument system usable 
through flight attitudes of 80 degrees of pitch 
and 120 degrees of roll and installed in 
accordance with Sec.  29.1303(g) of this chapter.
    (4) Slip-skid indicator.
    (5) Sensitive altimeter adjustable for barometric pressure.
    (6) A clock displaying hours, minutes, and seconds with a sweep-
second pointer or digital presentation.
    (7) Generator or alternator of adequate capacity.
    (8) Gyroscopic pitch and bank indicator (artificial horizon).
    (9) Gyroscopic direction indicator (directional gyro or equivalent).
    (e) Flight at and above 24,000 ft. MSL (FL 240). If VOR navigational 
equipment is required under paragraph (d)(2) of this section, no person 
may operate a U.S.-registered civil aircraft within the 50 states and 
the District of Columbia at or above FL 240 unless that aircraft is 
equipped with approved distance measuring equipment (DME). When DME 
required by this paragraph

[[Page 211]]

fails at and above FL 240, the pilot in command of the aircraft shall 
notify ATC immediately, and then may continue operations at and above FL 
240 to the next airport of intended landing at which repairs or 
replacement of the equipment can be made.
    (f) Category II operations. The requirements for Category II 
operations are the instruments and equipment specified in--
    (1) Paragraph (d) of this section; and
    (2) Appendix A to this part.
    (g) Category III operations. The instruments and equipment required 
for Category III operations are specified in paragraph (d) of this 
section.
    (h) Exclusions. Paragraphs (f) and (g) of this section do not apply 
to operations conducted by a holder of a certificate issued under part 
121 or part 135 of this chapter.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-220, 
55 FR 43310, Oct. 26, 1990; Amdt. 91-223, 56 FR 41052, Aug. 16, 1991; 
Amdt. 91-231, 57 FR 42672, Sept. 15, 1992; Amdt. 91-248, 61 FR 5171, 
Feb. 9, 1996; Amdt. 91-251, 61 FR 34560, July 2, 1996]



Sec.  91.207  Emergency locator transmitters.

    (a) Except as provided in paragraphs (e) and (f) of this section, no 
person may operate a U.S.-registered civil airplane unless--
    (1) There is attached to the airplane an approved automatic type 
emergency locator transmitter that is in operable condition for the 
following operations, except that after June 21, 1995, an emergency 
locator transmitter that meets the requirements of TSO-C91 may not be 
used for new installations:
    (i) Those operations governed by the supplemental air carrier and 
commercial operator rules of parts 121 and 125;
    (ii) Charter flights governed by the domestic and flag air carrier 
rules of part 121 of this chapter; and
    (iii) Operations governed by part 135 of this chapter; or
    (2) For operations other than those specified in paragraph (a)(1) of 
this section, there must be attached to the airplane an approved 
personal type or an approved automatic type emergency locator 
transmitter that is in operable condition, except that after June 21, 
1995, an emergency locator transmitter that meets the requirements of 
TSO-C91 may not be used for new installations.
    (b) Each emergency locator transmitter required by paragraph (a) of 
this section must be attached to the airplane in such a manner that the 
probability of damage to the transmitter in the event of crash impact is 
minimized. Fixed and deployable automatic type transmitters must be 
attached to the airplane as far aft as practicable.
    (c) Batteries used in the emergency locator transmitters required by 
paragraphs (a) and (b) of this section must be replaced (or recharged, 
if the batteries are rechargeable)--
    (1) When the transmitter has been in use for more than 1 cumulative 
hour; or
    (2) When 50 percent of their useful life (or, for rechargeable 
batteries, 50 percent of their useful life of charge) has expired, as 
established by the transmitter manufacturer under its approval.

The new expiration date for replacing (or recharging) the battery must 
be legibly marked on the outside of the transmitter and entered in the 
aircraft maintenance record. Paragraph (c)(2) of this section does not 
apply to batteries (such as water-activated batteries) that are 
essentially unaffected during probable storage intervals.
    (d) Each emergency locator transmitter required by paragraph (a) of 
this section must be inspected within 12 calendar months after the last 
inspection for--
    (1) Proper installation;
    (2) Battery corrosion;
    (3) Operation of the controls and crash sensor; and
    (4) The presence of a sufficient signal radiated from its antenna.
    (e) Notwithstanding paragraph (a) of this section, a person may--
    (1) Ferry a newly acquired airplane from the place where possession 
of it was taken to a place where the emergency locator transmitter is to 
be installed; and
    (2) Ferry an airplane with an inoperative emergency locator 
transmitter from a place where repairs or replacements cannot be made to 
a place where they can be made.

[[Page 212]]


No person other than required crewmembers may be carried aboard an 
airplane being ferried under paragraph (e) of this section.
    (f) Paragraph (a) of this section does not apply to--
    (1) Before January 1, 2004, turbojet-powered aircraft;
    (2) Aircraft while engaged in scheduled flights by scheduled air 
carriers;
    (3) Aircraft while engaged in training operations conducted entirely 
within a 50-nautical mile radius of the airport from which such local 
flight operations began;
    (4) Aircraft while engaged in flight operations incident to design 
and testing;
    (5) New aircraft while engaged in flight operations incident to 
their manufacture, preparation, and delivery;
    (6) Aircraft while engaged in flight operations incident to the 
aerial application of chemicals and other substances for agricultural 
purposes;
    (7) Aircraft certificated by the Administrator for research and 
development purposes;
    (8) Aircraft while used for showing compliance with regulations, 
crew training, exhibition, air racing, or market surveys;
    (9) Aircraft equipped to carry not more than one person.
    (10) An aircraft during any period for which the transmitter has 
been temporarily removed for inspection, repair, modification, or 
replacement, subject to the following:
    (i) No person may operate the aircraft unless the aircraft records 
contain an entry which includes the date of initial removal, the make, 
model, serial number, and reason for removing the transmitter, and a 
placard located in view of the pilot to show ``ELT not installed.''
    (ii) No person may operate the aircraft more than 90 days after the 
ELT is initially removed from the aircraft; and
    (11) On and after January 1, 2004, aircraft with a maximum payload 
capacity of more than 18,000 pounds when used in air transportation.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-242, 
59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91-265, 65 
FR 81319, Dec. 22, 2000; 66 FR 16316, Mar. 23, 2001]



Sec.  91.209  Aircraft lights.

    No person may:
    (a) During the period from sunset to sunrise (or, in Alaska, during 
the period a prominent unlighted object cannot be seen from a distance 
of 3 statute miles or the sun is more than 6 degrees below the 
horizon)--
    (1) Operate an aircraft unless it has lighted position lights;
    (2) Park or move an aircraft in, or in dangerous proximity to, a 
night flight operations area of an airport unless the aircraft--
    (i) Is clearly illuminated;
    (ii) Has lighted position lights; or
    (iii) is in an area that is marked by obstruction lights;
    (3) Anchor an aircraft unless the aircraft--
    (i) Has lighted anchor lights; or
    (ii) Is in an area where anchor lights are not required on vessels; 
or
    (b) Operate an aircraft that is equipped with an anticollision light 
system, unless it has lighted anticollision lights. However, the 
anticollision lights need not be lighted when the pilot-in-command 
determines that, because of operating conditions, it would be in the 
interest of safety to turn the lights off.

[Doc. No. 27806, 61 FR 5171, Feb. 9, 1996]



Sec.  91.211  Supplemental oxygen.

    (a) General. No person may operate a civil aircraft of U.S. 
registry--
    (1) At cabin pressure altitudes above 12,500 feet (MSL) up to and 
including 14,000 feet (MSL) unless the required minimum flight crew is 
provided with and uses supplemental oxygen for that part of the flight 
at those altitudes that is of more than 30 minutes duration;
    (2) At cabin pressure altitudes above 14,000 feet (MSL) unless the 
required minimum flight crew is provided with

[[Page 213]]

and uses supplemental oxygen during the entire flight time at those 
altitudes; and
    (3) At cabin pressure altitudes above 15,000 feet (MSL) unless each 
occupant of the aircraft is provided with supplemental oxygen.
    (b) Pressurized cabin aircraft. (1) No person may operate a civil 
aircraft of U.S. registry with a pressurized cabin--
    (i) At flight altitudes above flight level 250 unless at least a 10-
minute supply of supplemental oxygen, in addition to any oxygen required 
to satisfy paragraph (a) of this section, is available for each occupant 
of the aircraft for use in the event that a descent is necessitated by 
loss of cabin pressurization; and
    (ii) At flight altitudes above flight level 350 unless one pilot at 
the controls of the airplane is wearing and using an oxygen mask that is 
secured and sealed and that either supplies oxygen at all times or 
automatically supplies oxygen whenever the cabin pressure altitude of 
the airplane exceeds 14,000 feet (MSL), except that the one pilot need 
not wear and use an oxygen mask while at or below flight level 410 if 
there are two pilots at the controls and each pilot has a quick-donning 
type of oxygen mask that can be placed on the face with one hand from 
the ready position within 5 seconds, supplying oxygen and properly 
secured and sealed.
    (2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any 
reason at any time it is necessary for one pilot to leave the controls 
of the aircraft when operating at flight altitudes above flight level 
350, the remaining pilot at the controls shall put on and use an oxygen 
mask until the other pilot has returned to that crewmember's station.



Sec.  91.213  Inoperative instruments and equipment.

    (a) Except as provided in paragraph (d) of this section, no person 
may take off an aircraft with inoperative instruments or equipment 
installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that aircraft.
    (2) The aircraft has within it a letter of authorization, issued by 
the FAA Flight Standards district office having jurisdiction over the 
area in which the operator is located, authorizing operation of the 
aircraft under the Minimum Equipment List. The letter of authorization 
may be obtained by written request of the airworthiness certificate 
holder. The Minimum Equipment List and the letter of authorization 
constitute a supplemental type certificate for the aircraft.
    (3) The approved Minimum Equipment List must--
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section; and
    (ii) Provide for the operation of the aircraft with the instruments 
and equipment in an inoperable condition.
    (4) The aircraft records available to the pilot must include an 
entry describing the inoperable instruments and equipment.
    (5) The aircraft is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the letter 
authorizing the use of the list.
    (b) The following instruments and equipment may not be included in a 
Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
aircraft 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) A person authorized to use an approved Minimum Equipment List 
issued for a specific aircraft under subpart K of this part, part 121, 
125, or 135 of this chapter must use that Minimum Equipment List to 
comply with the requirements in this section.
    (d) Except for operations conducted in accordance with paragraph (a) 
or (c) of this section, a person may takeoff an aircraft in operations 
conducted under this part with inoperative instruments

[[Page 214]]

and equipment without an approved Minimum Equipment List provided--
    (1) The flight operation is conducted in a--
    (i) Rotorcraft, nonturbine-powered airplane, glider, or lighter-
than-air aircraft for which a master Minimum Equipment List has not been 
developed; or
    (ii) Small rotorcraft, nonturbine-powered small airplane, glider, or 
lighter-than-air aircraft for which a Master Minimum Equipment List has 
been developed; and
    (2) The inoperative instruments and equipment are not--
    (i) Part of the VFR-day type certification instruments and equipment 
prescribed in the applicable airworthiness regulations under which the 
aircraft was type certificated;
    (ii) Indicated as required on the aircraft's equipment list, or on 
the Kinds of Operations Equipment List for the kind of flight operation 
being conducted;
    (iii) Required by Sec.  91.205 or any other rule of this part for 
the specific kind of flight operation being conducted; or
    (iv) Required to be operational by an airworthiness directive; and
    (3) The inoperative instruments and equipment are--
    (i) Removed from the aircraft, the cockpit control placarded, and 
the maintenance recorded in accordance with Sec.  43.9 of this chapter; 
or
    (ii) Deactivated and placarded ``Inoperative.'' If deactivation of 
the inoperative instrument or equipment involves maintenance, it must be 
accomplished and recorded in accordance with part 43 of this chapter; 
and
    (4) A determination is made by a pilot, who is certificated and 
appropriately rated under part 61 of this chapter, or by a person, who 
is certificated and appropriately rated to perform maintenance on the 
aircraft, that the inoperative instrument or equipment does not 
constitute a hazard to the aircraft.
    An aircraft with inoperative instruments or equipment as provided in 
paragraph (d) of this section is considered to be in a properly altered 
condition acceptable to the Administrator.
    (e) Notwithstanding any other provision of this section, an aircraft 
with inoperable instruments or equipment may be operated under a special 
flight permit issued in accordance with Sec. Sec.  21.197 and 21.199 of 
this chapter.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54560, Sept. 17, 2003]



Sec.  91.215  ATC transponder and altitude reporting equipment and use.

    (a) All airspace: U.S.-registered civil aircraft. For operations not 
conducted under part 121 or 135 of this chapter, ATC transponder 
equipment installed must meet the performance and environmental 
requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c 
(Mode A with altitude reporting capability) as appropriate, or the 
appropriate class of TSO-C112 (Mode S).
    (b) All airspace. Unless otherwise authorized or directed by ATC, no 
person may operate an aircraft in the airspace described in paragraphs 
(b)(1) through (b)(5) of this section, unless that aircraft is equipped 
with an operable coded radar beacon transponder having either Mode 3/A 
4096 code capability, replying to Mode 3/A interrogations with the code 
specified by ATC, or a Mode S capability, replying to Mode 3/A 
interrogations with the code specified by ATC and intermode and Mode S 
interrogations in accordance with the applicable provisions specified in 
TSO C-112, and that aircraft is equipped with automatic pressure 
altitude reporting equipment having a Mode C capability that 
automatically replies to Mode C interrogations by transmitting pressure 
altitude information in 100-foot increments. This requirement applies--
    (1) All aircraft. In Class A, Class B, and Class C airspace areas;
    (2) All aircraft. In all airspace within 30 nautical miles of an 
airport listed in appendix D, section 1 of this part from the surface 
upward to 10,000 feet MSL;
    (3) Notwithstanding paragraph (b)(2) of this section, any aircraft 
which was not originally certificated with an engine-driven electrical 
system or which has not subsequently been certified with such a system 
installed, balloon or glider may conduct operations in the airspace 
within 30 nautical miles of an airport listed in appendix D, section

[[Page 215]]

1 of this part provided such operations are conducted--
    (i) Outside any Class A, Class B, or Class C airspace area; and
    (ii) Below the altitude of the ceiling of a Class B or Class C 
airspace area designated for an airport or 10,000 feet MSL, whichever is 
lower; and
    (4) All aircraft in all airspace above the ceiling and within the 
lateral boundaries of a Class B or Class C airspace area designated for 
an airport upward to 10,000 feet MSL; and
    (5) All aircraft except any aircraft which was not originally 
certificated with an engine-driven electrical system or which has not 
subsequently been certified with such a system installed, balloon, or 
glider----
    (i) In all airspace of the 48 contiguous states and the District of 
Columbia at and above 10,000 feet MSL, excluding the airspace at and 
below 2,500 feet above the surface; and
    (ii) In the airspace from the surface to 10,000 feet MSL within a 
10-nautical-mile radius of any airport listed in appendix D, section 2 
of this part, excluding the airspace below 1,200 feet outside of the 
lateral boundaries of the surface area of the airspace designated for 
that airport.
    (c) Transponder-on operation. While in the airspace as specified in 
paragraph (b) of this section or in all controlled airspace, each person 
operating an aircraft equipped with an operable ATC transponder 
maintained in accordance with Sec.  91.413 of this part shall operate 
the transponder, including Mode C equipment if installed, and shall 
reply on the appropriate code or as assigned by ATC.
    (d) ATC authorized deviations. Requests for ATC authorized 
deviations must be made to the ATC facility having jurisdiction over the 
concerned airspace within the time periods specified as follows:
    (1) For operation of an aircraft with an operating transponder but 
without operating automatic pressure altitude reporting equipment having 
a Mode C capability, the request may be made at any time.
    (2) For operation of an aircraft with an inoperative transponder to 
the airport of ultimate destination, including any intermediate stops, 
or to proceed to a place where suitable repairs can be made or both, the 
request may be made at any time.
    (3) For operation of an aircraft that is not equipped with a 
transponder, the request must be made at least one hour before the 
proposed operation.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-221, 
56 FR 469, Jan. 4, 1991; Amdt. 91-227, 56 FR 65660, Dec. 17, 1991; Amdt. 
91-227, 7 FR 328, Jan. 3, 1992; Amdt. 91-229, 57 FR 34618, Aug. 5, 1992; 
Amdt. 91-267, 66 FR 21066, Apr. 27, 2001]



Sec.  91.217  Data correspondence between automatically reported 
pressure altitude data and the pilot's altitude reference.

    No person may operate any automatic pressure altitude reporting 
equipment associated with a radar beacon transponder--
    (a) When deactivation of that equipment is directed by ATC;
    (b) Unless, as installed, that equipment was tested and calibrated 
to transmit altitude data corresponding within 125 feet (on a 95 percent 
probability basis) of the indicated or calibrated datum of the altimeter 
normally used to maintain flight altitude, with that altimeter 
referenced to 29.92 inches of mercury for altitudes from sea level to 
the maximum operating altitude of the aircraft; or
    (c) Unless the altimeters and digitizers in that equipment meet the 
standards of TSO-C10b and TSO-C88, respectively.



Sec.  91.219  Altitude alerting system or device: Turbojet-powered 
civil airplanes.

    (a) Except as provided in paragraph (d) of this section, no person 
may operate a turbojet-powered U.S.-registered civil airplane unless 
that airplane is equipped with an approved altitude alerting system or 
device that is in operable condition and meets the requirements of 
paragraph (b) of this section.
    (b) Each altitude alerting system or device required by paragraph 
(a) of this section must be able to--
    (1) Alert the pilot--
    (i) Upon approaching a preselected altitude in either ascent or 
descent, by

[[Page 216]]

a sequence of both aural and visual signals in sufficient time to 
establish level flight at that preselected altitude; or
    (ii) Upon approaching a preselected altitude in either ascent or 
descent, by a sequence of visual signals in sufficient time to establish 
level flight at that preselected altitude, and when deviating above and 
below that preselected altitude, by an aural signal;
    (2) Provide the required signals from sea level to the highest 
operating altitude approved for the airplane in which it is installed;
    (3) Preselect altitudes in increments that are commensurate with the 
altitudes at which the aircraft is operated;
    (4) Be tested without special equipment to determine proper 
operation of the alerting signals; and
    (5) Accept necessary barometric pressure settings if the system or 
device operates on barometric pressure. However, for operation below 
3,000 feet AGL, the system or device need only provide one signal, 
either visual or aural, to comply with this paragraph. A radio altimeter 
may be included to provide the signal if the operator has an approved 
procedure for its use to determine DH or MDA, as appropriate.
    (c) Each operator to which this section applies must establish and 
assign procedures for the use of the altitude alerting system or device 
and each flight crewmember must comply with those procedures assigned to 
him.
    (d) Paragraph (a) of this section does not apply to any operation of 
an airplane that has an experimental certificate or to the operation of 
any airplane for the following purposes:
    (1) Ferrying a newly acquired airplane from the place where 
possession of it was taken to a place where the altitude alerting system 
or device is to be installed.
    (2) Continuing a flight as originally planned, if the altitude 
alerting system or device becomes inoperative after the airplane has 
taken off; however, the flight may not depart from a place where repair 
or replacement can be made.
    (3) Ferrying an airplane with any inoperative altitude alerting 
system or device from a place where repairs or replacements cannot be 
made to a place where it can be made.
    (4) Conducting an airworthiness flight test of the airplane.
    (5) Ferrying an airplane to a place outside the United States for 
the purpose of registering it in a foreign country.
    (6) Conducting a sales demonstration of the operation of the 
airplane.
    (7) Training foreign flight crews in the operation of the airplane 
before ferrying it to a place outside the United States for the purpose 
of registering it in a foreign country.



Sec.  91.221  Traffic alert and collision avoidance system equipment and use.

    (a) All airspace: U.S.-registered civil aircraft. Any traffic alert 
and collision avoidance system installed in a U.S.-registered civil 
aircraft must be approved by the Administrator.
    (b) Traffic alert and collision avoidance system, operation 
required. Each person operating an aircraft equipped with an operable 
traffic alert and collision avoidance system shall have that system on 
and operating.



Sec.  91.223  Terrain awareness and warning system.

    (a) Airplanes manufactured after March 29, 2002. Except as provided 
in paragraph (d) of this section, no person may operate a turbine-
powered U.S.-registered airplane configured with six or more passenger 
seats, excluding any pilot seat, unless that airplane is equipped with 
an approved terrain awareness and warning system that as a minimum meets 
the requirements for Class B equipment in Technical Standard Order 
(TSO)-C151.
    (b) Airplanes manufactured on or before March 29, 2002. Except as 
provided in paragraph (d) of this section, no person may operate a 
turbine-powered U.S.-registered airplane configured with six or more 
passenger seats, excluding any pilot seat, after March 29, 2005, unless 
that airplane is equipped with an approved terrain awareness and warning 
system that as a minimum meets the requirements for Class B equipment in 
Technical Standard Order (TSO)-C151.

(Approved by the Office of Management and Budget under control number 
2120-0631)


[[Page 217]]


    (c) Airplane Flight Manual. The Airplane Flight Manual shall contain 
appropriate procedures for--
    (1) The use of the terrain awareness and warning system; and
    (2) Proper flight crew reaction in response to the terrain awareness 
and warning system audio and visual warnings.
    (d) Exceptions. Paragraphs (a) and (b) of this section do not apply 
to--
    (1) Parachuting operations when conducted entirely within a 50 
nautical mile radius of the airport from which such local flight 
operations began.
    (2) Firefighting operations.
    (3) Flight operations when incident to the aerial application of 
chemicals and other substances.

[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]



Sec. Sec.  91.224-91.299  [Reserved]



                   Subpart D_Special Flight Operations

    Source: Docket No. 18334, 54 FR 34308, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.301  [Reserved]



Sec.  91.303  Aerobatic flight.

    No person may operate an aircraft in aerobatic flight--
    (a) Over any congested area of a city, town, or settlement;
    (b) Over an open air assembly of persons;
    (c) Within the lateral boundaries of the surface areas of Class B, 
Class C, Class D, or Class E airspace designated for an airport;
    (d) Within 4 nautical miles of the center line of any Federal 
airway;
    (e) Below an altitude of 1,500 feet above the surface; or
    (f) When flight visibility is less than 3 statute miles.

For the purposes of this section, aerobatic flight means an intentional 
maneuver involving an abrupt change in an aircraft's attitude, an 
abnormal attitude, or abnormal acceleration, not necessary for normal 
flight.

[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec.  91.305  Flight test areas.

    No person may flight test an aircraft except over open water, or 
sparsely populated areas, having light air traffic.



Sec.  91.307  Parachutes and parachuting.

    (a) No pilot of a civil aircraft may allow a parachute that is 
available for emergency use to be carried in that aircraft unless it is 
an approved type and--
    (1) If a chair type (canopy in back), it has been packed by a 
certificated and appropriately rated parachute rigger within the 
preceding 120 days; or
    (2) If any other type, it has been packed by a certificated and 
appropriately rated parachute rigger--
    (i) Within the preceding 120 days, if its canopy, shrouds, and 
harness are composed exclusively of nylon, rayon, or other similar 
synthetic fiber or materials that are substantially resistant to damage 
from mold, mildew, or other fungi and other rotting agents propagated in 
a moist environment; or
    (ii) Within the preceding 60 days, if any part of the parachute is 
composed of silk, pongee, or other natural fiber, or materials not 
specified in paragraph (a)(2)(i) of this section.
    (b) Except in an emergency, no pilot in command may allow, and no 
person may conduct, a parachute operation from an aircraft within the 
United States except in accordance with part 105 of this chapter.
    (c) Unless each occupant of the aircraft is wearing an approved 
parachute, no pilot of a civil aircraft carrying any person (other than 
a crewmember) may execute any intentional maneuver that exceeds--
    (1) A bank of 60 degrees relative to the horizon; or
    (2) A nose-up or nose-down attitude of 30 degrees relative to the 
horizon.
    (d) Paragraph (c) of this section does not apply to--
    (1) Flight tests for pilot certification or rating; or
    (2) Spins and other flight maneuvers required by the regulations for 
any certificate or rating when given by--
    (i) A certificated flight instructor; or
    (ii) An airline transport pilot instructing in accordance with Sec.  
61.67 of this chapter.

[[Page 218]]

    (e) For the purposes of this section, approved parachute means--
    (1) A parachute manufactured under a type certificate or a technical 
standard order (C-23 series); or
    (2) A personnel-carrying military parachute identified by an NAF, 
AAF, or AN drawing number, an AAF order number, or any other military 
designation or specification number.

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-255, 
62 FR 68137, Dec. 30, 1997; Amdt. 91-268, 66 FR 23553, May 9, 2001]



Sec.  91.309  Towing: Gliders.

    (a) No person may operate a civil aircraft towing a glider unless--
    (1) The pilot in command of the towing aircraft is qualified under 
Sec.  61.69 of this chapter;
    (2) The towing aircraft is equipped with a tow-hitch of a kind, and 
installed in a manner, that is approved by the Administrator;
    (3) The towline used has breaking strength not less than 80 percent 
of the maximum certificated operating weight of the glider and not more 
than twice this operating weight. However, the towline used may have a 
breaking strength more than twice the maximum certificated operating 
weight of the glider if--
    (i) A safety link is installed at the point of attachment of the 
towline to the glider with a breaking strength not less than 80 percent 
of the maximum certificated operating weight of the glider and not 
greater than twice this operating weight.
    (ii) A safety link is installed at the point of attachment of the 
towline to the towing aircraft with a breaking strength greater, but not 
more than 25 percent greater, than that of the safety link at the towed 
glider end of the towline and not greater than twice the maximum 
certificated operating weight of the glider;
    (4) Before conducting any towing operation within the lateral 
boundaries of the surface areas of Class B, Class C, Class D, or Class E 
airspace designated for an airport, or before making each towing flight 
within such controlled airspace if required by ATC, the pilot in command 
notifies the control tower. If a control tower does not exist or is not 
in operation, the pilot in command must notify the FAA flight service 
station serving that controlled airspace before conducting any towing 
operations in that airspace; and
    (5) The pilots of the towing aircraft and the glider have agreed 
upon a general course of action, including takeoff and release signals, 
airspeeds, and emergency procedures for each pilot.
    (b) No pilot of a civil aircraft may intentionally release a 
towline, after release of a glider, in a manner that endangers the life 
or property of another.

[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec.  91.311  Towing: Other than under Sec.  91.309.

    No pilot of a civil aircraft may tow anything with that aircraft 
(other than under Sec.  91.309) except in accordance with the terms of a 
certificate of waiver issued by the Administrator.



Sec.  91.313  Restricted category civil aircraft: Operating limitations.

    (a) No person may operate a restricted category civil aircraft--
    (1) For other than the special purpose for which it is certificated; 
or
    (2) In an operation other than one necessary to accomplish the work 
activity directly associated with that special purpose.
    (b) For the purpose of paragraph (a) of this section, operating a 
restricted category civil aircraft to provide flight crewmember training 
in a special purpose operation for which the aircraft is certificated is 
considered to be an operation for that special purpose.
    (c) No person may operate a restricted category civil aircraft 
carrying persons or property for compensation or hire. For the purposes 
of this paragraph, a special purpose operation involving the carriage of 
persons or material necessary to accomplish that operation, such as crop 
dusting, seeding, spraying, and banner towing (including the carrying of 
required persons or material to the location of that operation), and 
operation for the purpose of providing flight crewmember training in a 
special purpose operation, are not considered to be the carriage of

[[Page 219]]

persons or property for compensation or hire.
    (d) No person may be carried on a restricted category civil aircraft 
unless that person--
    (1) Is a flight crewmember;
    (2) Is a flight crewmember trainee;
    (3) Performs an essential function in connection with a special 
purpose operation for which the aircraft is certificated; or
    (4) Is necessary to accomplish the work activity directly associated 
with that special purpose.
    (e) Except when operating in accordance with the terms and 
conditions of a certificate of waiver or special operating limitations 
issued by the Administrator, no person may operate a restricted category 
civil aircraft within the United States--
    (1) Over a densely populated area;
    (2) In a congested airway; or
    (3) Near a busy airport where passenger transport operations are 
conducted.
    (f) This section does not apply to nonpassenger-carrying civil 
rotorcraft external-load operations conducted under part 133 of this 
chapter.
    (g) No person may operate a small restricted-category civil airplane 
manufactured after July 18, 1978, unless an approved shoulder harness is 
installed for each front seat. The shoulder harness must be designed to 
protect each occupant from serious head injury when the occupant 
experiences the ultimate inertia forces specified in Sec.  23.561(b)(2) 
of this chapter. The shoulder harness installation at each flight 
crewmember station must permit the crewmember, when seated and with the 
safety belt and shoulder harness fastened, to perform all functions 
necessary for flight operation. For purposes of this paragraph--
    (1) The date of manufacture of an airplane is the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data; and
    (2) A front seat is a seat located at a flight crewmember station or 
any seat located alongside such a seat.



Sec.  91.315  Limited category civil aircraft: Operating limitations.

    No person may operate a limited category civil aircraft carrying 
persons or property for compensation or hire.



Sec.  91.317  Provisionally certificated civil aircraft: Operating limitations.

    (a) No person may operate a provisionally certificated civil 
aircraft unless that person is eligible for a provisional airworthiness 
certificate under Sec.  21.213 of this chapter.
    (b) No person may operate a provisionally certificated civil 
aircraft outside the United States unless that person has specific 
authority to do so from the Administrator and each foreign country 
involved.
    (c) Unless otherwise authorized by the Director, Flight Standards 
Service, no person may operate a provisionally certificated civil 
aircraft in air transportation.
    (d) Unless otherwise authorized by the Administrator, no person may 
operate a provisionally certificated civil aircraft except--
    (1) In direct conjunction with the type or supplemental type 
certification of that aircraft;
    (2) For training flight crews, including simulated air carrier 
operations;
    (3) Demonstration flight by the manufacturer for prospective 
purchasers;
    (4) Market surveys by the manufacturer;
    (5) Flight checking of instruments, accessories, and equipment that 
do not affect the basic airworthiness of the aircraft; or
    (6) Service testing of the aircraft.
    (e) Each person operating a provisionally certificated civil 
aircraft shall operate within the prescribed limitations displayed in 
the aircraft or set forth in the provisional aircraft flight manual or 
other appropriate document. However, when operating in direct 
conjunction with the type or supplemental type certification of the 
aircraft, that person shall operate under the experimental aircraft 
limitations of Sec.  21.191 of this chapter and when flight testing, 
shall operate under the requirements of Sec.  91.305 of this part.
    (f) Each person operating a provisionally certificated civil 
aircraft shall establish approved procedures for--

[[Page 220]]

    (1) The use and guidance of flight and ground personnel in operating 
under this section; and
    (2) Operating in and out of airports where takeoffs or approaches 
over populated areas are necessary. No person may operate that aircraft 
except in compliance with the approved procedures.
    (g) Each person operating a provisionally certificated civil 
aircraft shall ensure that each flight crewmember is properly 
certificated and has adequate knowledge of, and familiarity with, the 
aircraft and procedures to be used by that crewmember.
    (h) Each person operating a provisionally certificated civil 
aircraft shall maintain it as required by applicable regulations and as 
may be specially prescribed by the Administrator.
    (i) Whenever the manufacturer, or the Administrator, determines that 
a change in design, construction, or operation is necessary to ensure 
safe operation, no person may operate a provisionally certificated civil 
aircraft until that change has been made and approved. Section 21.99 of 
this chapter applies to operations under this section.
    (j) Each person operating a provisionally certificated civil 
aircraft--
    (1) May carry in that aircraft only persons who have a proper 
interest in the operations allowed by this section or who are 
specifically authorized by both the manufacturer and the Administrator; 
and
    (2) Shall advise each person carried that the aircraft is 
provisionally certificated.
    (k) The Administrator may prescribe additional limitations or 
procedures that the Administrator considers necessary, including 
limitations on the number of persons who may be carried in the aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]



Sec.  91.319  Aircraft having experimental certificates: Operating limitations.

    (a) No person may operate an aircraft that has an experimental 
certificate--
    (1) For other than the purpose for which the certificate was issued; 
or
    (2) Carrying persons or property for compensation or hire.
    (b) No person may operate an aircraft that has an experimental 
certificate outside of an area assigned by the Administrator until it is 
shown that--
    (1) The aircraft is controllable throughout its normal range of 
speeds and throughout all the maneuvers to be executed; and
    (2) The aircraft has no hazardous operating characteristics or 
design features.
    (c) Unless otherwise authorized by the Administrator in special 
operating limitations, no person may operate an aircraft that has an 
experimental certificate over a densely populated area or in a congested 
airway. The Administrator may issue special operating limitations for 
particular aircraft to permit takeoffs and landings to be conducted over 
a densely populated area or in a congested airway, in accordance with 
terms and conditions specified in the authorization in the interest of 
safety in air commerce.
    (d) Each person operating an aircraft that has an experimental 
certificate shall--
    (1) Advise each person carried of the experimental nature of the 
aircraft;
    (2) Operate under VFR, day only, unless otherwise specifically 
authorized by the Administrator; and
    (3) Notify the control tower of the experimental nature of the 
aircraft when operating the aircraft into or out of airports with 
operating control towers.
    (e) The Administrator may prescribe additional limitations that the 
Administrator considers necessary, including limitations on the persons 
that may be carried in the aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.321  Carriage of candidates in Federal elections.

    (a) An aircraft operator, other than one operating an aircraft under 
the rules of part 121, 125, or 135 of this chapter, may receive payment 
for the carriage of a candidate in a Federal election, an agent of the 
candidate, or a person traveling on behalf of the candidate, if--

[[Page 221]]

    (1) That operator's primary business is not as an air carrier or 
commercial operator;
    (2) The carriage is conducted under the rules of this part 91; and
    (3) The payment for the carriage is required, and does not exceed 
the amount required to be paid, by regulations of the Federal Election 
Commission (11 CFR et seq.).
    (b) For the purposes of this section, the terms candidate and 
election have the same meaning as that set forth in the regulations of 
the Federal Election Commission.



Sec.  91.323  Increased maximum certificated weights for certain 
airplanes operated in Alaska.

    (a) Notwithstanding any other provision of the Federal Aviation 
Regulations, the Administrator will approve, as provided in this 
section, an increase in the maximum certificated weight of an airplane 
type certificated under Aeronautics Bulletin No. 7-A of the U.S. 
Department of Commerce dated January 1, 1931, as amended, or under the 
normal category of part 4a of the former Civil Air Regulations (14 CFR 
part 4a, 1964 ed.) if that airplane is operated in the State of Alaska 
by--
    (1) A certificate holder conducting operations under part 121 or 
part 135 of this chapter; or
    (2) The U.S. Department of Interior in conducting its game and fish 
law enforcement activities or its management, fire detection, and fire 
suppression activities concerning public lands.
    (b) The maximum certificated weight approved under this section may 
not exceed--
    (1) 12,500 pounds;
    (2) 115 percent of the maximum weight listed in the FAA aircraft 
specifications;
    (3) The weight at which the airplane meets the positive maneuvering 
load factor requirement for the normal category specified in Sec.  
23.337 of this chapter; or
    (4) The weight at which the airplane meets the climb performance 
requirements under which it was type certificated.
    (c) In determining the maximum certificated weight, the 
Administrator considers the structural soundness of the airplane and the 
terrain to be traversed.
    (d) The maximum certificated weight determined under this section is 
added to the airplane's operation limitations and is identified as the 
maximum weight authorized for operations within the State of Alaska.

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989, as amended by Amdt. 91-253, 62 FR 13253, Mar. 19, 1997]



Sec.  91.325  Primary category aircraft: Operating limitations.

    (a) No person may operate a primary category aircraft carrying 
persons or property for compensation or hire.
    (b) No person may operate a primary category aircraft that is 
maintained by the pilot-owner under an approved special inspection and 
maintenance program except--
    (1) The pilot-owner; or
    (2) A designee of the pilot-owner, provided that the pilot-owner 
does not receive compensation for the use of the aircraft.

[Doc. No. 23345, 57 FR 41370, Sept. 9, 1992]



Sec. Sec.  91.326-91.399  [Reserved]



     Subpart E_Maintenance, Preventive Maintenance, and Alterations

    Source: Docket No. 18334, 54 FR 34311, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.401  Applicability.

    (a) This subpart prescribes rules governing the maintenance, 
preventive maintenance, and alterations of U.S.-registered civil 
aircraft operating within or outside of the United States.
    (b) Sections 91.405, 91.409, 91.411, 91.417, and 91.419 of this 
subpart do not apply to an aircraft maintained in accordance with a 
continuous airworthiness maintenance program as provided in part 121, 
129, or Sec. Sec.  91.1411 or 135.411(a)(2) of this chapter.

[[Page 222]]

    (c) Sections 91.405 and 91.409 of this part do not apply to an 
airplane inspected in accordance with part 125 of this chapter.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001; Amdt. 91-274, 68 FR 54560, Sept. 17, 2003]



Sec.  91.403  General.

    (a) The owner or operator of an aircraft is primarily responsible 
for maintaining that aircraft in an airworthy condition, including 
compliance with part 39 of this chapter.
    (b) No person may perform maintenance, preventive maintenance, or 
alterations on an aircraft other than as prescribed in this subpart and 
other applicable regulations, including part 43 of this chapter.
    (c) No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has been 
issued that contains an airworthiness limitations section unless the 
mandatory replacement times, inspection intervals, and related 
procedures specified in that section or alternative inspection intervals 
and related procedures set forth in an operations specification approved 
by the Administrator under part 121 or 135 of this chapter or in 
accordance with an inspection program approved under Sec.  91.409(e) 
have been complied with.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001]



Sec.  91.405  Maintenance required.

    Each owner or operator of an aircraft--
    (a) Shall have that aircraft inspected as prescribed in subpart E of 
this part and shall between required inspections, except as provided in 
paragraph (c) of this section, have discrepancies repaired as prescribed 
in part 43 of this chapter;
    (b) Shall ensure that maintenance personnel make appropriate entries 
in the aircraft maintenance records indicating the aircraft has been 
approved for return to service;
    (c) Shall have any inoperative instrument or item of equipment, 
permitted to be inoperative by Sec.  91.213(d)(2) of this part, 
repaired, replaced, removed, or inspected at the next required 
inspection; and
    (d) When listed discrepancies include inoperative instruments or 
equipment, shall ensure that a placard has been installed as required by 
Sec.  43.11 of this chapter.



Sec.  91.407  Operation after maintenance, preventive maintenance, 
rebuilding, or alteration.

    (a) No person may operate any aircraft that has undergone 
maintenance, preventive maintenance, rebuilding, or alteration unless--
    (1) It has been approved for return to service by a person 
authorized under Sec.  43.7 of this chapter; and
    (2) The maintenance record entry required by Sec.  43.9 or Sec.  
43.11, as applicable, of this chapter has been made.
    (b) No person may carry any person (other than crewmembers) in an 
aircraft that has been maintained, rebuilt, or altered in a manner that 
may have appreciably changed its flight characteristics or substantially 
affected its operation in flight until an appropriately rated pilot with 
at least a private pilot certificate flies the aircraft, makes an 
operational check of the maintenance performed or alteration made, and 
logs the flight in the aircraft records.
    (c) The aircraft does not have to be flown as required by paragraph 
(b) of this section if, prior to flight, ground tests, inspection, or 
both show conclusively that the maintenance, preventive maintenance, 
rebuilding, or alteration has not appreciably changed the flight 
characteristics or substantially affected the flight operation of the 
aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.409  Inspections.

    (a) Except as provided in paragraph (c) of this section, no person 
may operate an aircraft unless, within the preceding 12 calendar months, 
it has had--
    (1) An annual inspection in accordance with part 43 of this chapter 
and has been approved for return to service by a person authorized by 
Sec.  43.7 of this chapter; or

[[Page 223]]

    (2) An inspection for the issuance of an airworthiness certificate 
in accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be 
substituted for any inspection required by this paragraph unless it is 
performed by a person authorized to perform annual inspections and is 
entered as an ``annual'' inspection in the required maintenance records.
    (b) Except as provided in paragraph (c) of this section, no person 
may operate an aircraft carrying any person (other than a crewmember) 
for hire, and no person may give flight instruction for hire in an 
aircraft which that person provides, unless within the preceding 100 
hours of time in service the aircraft has received an annual or 100-hour 
inspection and been approved for return to service in accordance with 
part 43 of this chapter or has received an inspection for the issuance 
of an airworthiness certificate in accordance with part 21 of this 
chapter. The 100-hour limitation may be exceeded by not more than 10 
hours while en route to reach a place where the inspection can be done. 
The excess time used to reach a place where the inspection can be done 
must be included in computing the next 100 hours of time in service.
    (c) Paragraphs (a) and (b) of this section do not apply to--
    (1) An aircraft that carries a special flight permit, a current 
experimental certificate, or a provisional airworthiness certificate;
    (2) An aircraft inspected in accordance with an approved aircraft 
inspection program under part 125 or 135 of this chapter and so 
identified by the registration number in the operations specifications 
of the certificate holder having the approved inspection program;
    (3) An aircraft subject to the requirements of paragraph (d) or (e) 
of this section; or
    (4) Turbine-powered rotorcraft when the operator elects to inspect 
that rotorcraft in accordance with paragraph (e) of this section.
    (d) Progressive inspection. Each registered owner or operator of an 
aircraft desiring to use a progressive inspection program must submit a 
written request to the FAA Flight Standards district office having 
jurisdiction over the area in which the applicant is located, and shall 
provide--
    (1) A certificated mechanic holding an inspection authorization, a 
certificated airframe repair station, or the manufacturer of the 
aircraft to supervise or conduct the progressive inspection;
    (2) A current inspection procedures manual available and readily 
understandable to pilot and maintenance personnel containing, in 
detail--
    (i) An explanation of the progressive inspection, including the 
continuity of inspection responsibility, the making of reports, and the 
keeping of records and technical reference material;
    (ii) An inspection schedule, specifying the intervals in hours or 
days when routine and detailed inspections will be performed and 
including instructions for exceeding an inspection interval by not more 
than 10 hours while en route and for changing an inspection interval 
because of service experience;
    (iii) Sample routine and detailed inspection forms and instructions 
for their use; and
    (iv) Sample reports and records and instructions for their use;
    (3) Enough housing and equipment for necessary disassembly and 
proper inspection of the aircraft; and
    (4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for 
the complete inspection of the aircraft within each 12 calendar months 
and be consistent with the manufacturer's recommendations, field service 
experience, and the kind of operation in which the aircraft is engaged. 
The progressive inspection schedule must ensure that the aircraft, at 
all times, will be airworthy and will conform to all applicable FAA 
aircraft specifications, type certificate data sheets, airworthiness 
directives, and other approved data. If the progressive inspection is 
discontinued, the owner or operator shall immediately notify the local 
FAA Flight Standards district office, in writing, of the discontinuance. 
After the discontinuance, the first annual inspection under Sec.  
91.409(a)(1) is due within 12 calendar months after the last

[[Page 224]]

complete inspection of the aircraft under the progressive inspection. 
The 100-hour inspection under Sec.  91.409(b) is due within 100 hours 
after that complete inspection. A complete inspection of the aircraft, 
for the purpose of determining when the annual and 100-hour inspections 
are due, requires a detailed inspection of the aircraft and all its 
components in accordance with the progressive inspection. A routine 
inspection of the aircraft and a detailed inspection of several 
components is not considered to be a complete inspection.
    (e) Large airplanes (to which part 125 is not applicable), turbojet 
multiengine airplanes, turbopropeller-powered multiengine airplanes, and 
turbine-powered rotorcraft. No person may operate a large airplane, 
turbojet multiengine airplane, turbopropeller-powered multiengine 
airplane, or turbine-powered rotorcraft unless the replacement times for 
life-limited parts specified in the aircraft specifications, type data 
sheets, or other documents approved by the Administrator are complied 
with and the airplane or turbine-powered rotorcraft, including the 
airframe, engines, propellers, rotors, appliances, survival equipment, 
and emergency equipment, is inspected in accordance with an inspection 
program selected under the provisions of paragraph (f) of this section, 
except that, the owner or operator of a turbine-powered rotorcraft may 
elect to use the inspection provisions of Sec.  91.409(a), (b), (c), or 
(d) in lieu of an inspection option of Sec.  91.409(f).
    (f) Selection of inspection program under paragraph (e) of this 
section. The registered owner or operator of each airplane or turbine-
powered rotorcraft described in paragraph (e) of this section must 
select, identify in the aircraft maintenance records, and use one of the 
following programs for the inspection of the aircraft:
    (1) A continuous airworthiness inspection program that is part of a 
continuous airworthiness maintenance program currently in use by a 
person holding an air carrier operating certificate or an operating 
certificate issued under part 121 or 135 of this chapter and operating 
that make and model aircraft under part 121 of this chapter or operating 
that make and model under part 135 of this chapter and maintaining it 
under Sec.  135.411(a)(2) of this chapter.
    (2) An approved aircraft inspection program approved under Sec.  
135.419 of this chapter and currently in use by a person holding an 
operating certificate issued under part 135 of this chapter.
    (3) A current inspection program recommended by the manufacturer.
    (4) Any other inspection program established by the registered owner 
or operator of that airplane or turbine-powered rotorcraft and approved 
by the Administrator under paragraph (g) of this section. However, the 
Administrator may require revision of this inspection program in 
accordance with the provisions of Sec.  91.415.

Each operator shall include in the selected program the name and address 
of the person responsible for scheduling the inspections required by the 
program and make a copy of that program available to the person 
performing inspections on the aircraft and, upon request, to the 
Administrator.
    (g) Inspection program approved under paragraph (e) of this section. 
Each operator of an airplane or turbine-powered rotorcraft desiring to 
establish or change an approved inspection program under paragraph 
(f)(4) of this section must submit the program for approval to the local 
FAA Flight Standards district office having jurisdiction over the area 
in which the aircraft is based. The program must be in writing and 
include at least the following information:
    (1) Instructions and procedures for the conduct of inspections for 
the particular make and model airplane or turbine-powered rotorcraft, 
including necessary tests and checks. The instructions and procedures 
must set forth in detail the parts and areas of the airframe, engines, 
propellers, rotors, and appliances, including survival and emergency 
equipment required to be inspected.
    (2) A schedule for performing the inspections that must be performed 
under the program expressed in terms of the time in service, calendar 
time, number of system operations, or any combination of these.
    (h) Changes from one inspection program to another. When an operator

[[Page 225]]

changes from one inspection program under paragraph (f) of this section 
to another, the time in service, calendar times, or cycles of operation 
accumulated under the previous program must be applied in determining 
inspection due times under the new program.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989; Amdt. 91-267, 66 FR 21066, Apr. 27, 2001]



Sec.  91.410  Special maintenance program requirements.

    (a) No person may operate an Airbus Model A300 (excluding the -600 
series), British Aerospace Model BAC 1-11, Boeing Model, 707, 720, 727, 
737 or 747, McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker 
Model F28, or Lockheed Model L-1011 airplane beyond applicable flight 
cycle implementation time specified below, or May 25, 2001, whichever 
occurs later, unless repair assessment guidelines applicable to the 
fuselage pressure boundary (fuselage skin, door skin, and bulkhead webs) 
that have been approved by the FAA Aircraft Certification Office (ACO), 
or office of the Transport Airplane Directorate, having cognizance over 
the type certificate for the affected airplane are incorporated within 
its inspection program:
    (1) For the Airbus Model A300 (excluding the -600 series), the 
flight cycle implementation time is:
    (i) Model B2: 36,000 flights.
    (ii) Model B4-100 (including Model B4-2C): 30,000 flights above the 
window line, and 36,000 flights below the window line.
    (iii) Model B4-200: 25,500 flights above the window line, and 34,000 
flights below the window line.
    (2) For all models of the British Aerospace BAC 1-11, the flight 
cycle implementation time is 60,000 flights.
    (3) For all models of the Boeing 707, the flight cycle 
implementation time is 15,000 flights.
    (4) For all models of the Boeing 720, the flight cycle 
implementation time is 23,000 flights.
    (5) For all models of the Boeing 727, the flight cycle 
implementation time is 45,000 flights.
    (6) For all models of the Boeing 737, the flight cycle 
implementation time is 60,000 flights.
    (7) For all models of the Boeing 747, the flight cycle 
implementation time is 15,000 flights.
    (8) For all models of the McDonnell Douglas DC-8, the flight cycle 
implementation time is 30,000 flights.
    (9) For all models of the McDonnell Douglas DC-9/MD-80, the flight 
cycle implementation time is 60,000 flights.
    (10) For all models of the McDonnell Douglas DC-10, the flight cycle 
implementation time is 30,000 flights.
    (11) For all models of the Lockheed L-1011, the flight cycle 
implementation time is 27,000 flights.
    (12) For the Fokker F-28 Mark 1000, 2000, 3000, and 4000, the flight 
cycle implementation time is 60,000 flights.
    (b) After December 6, 2004, no person may operate a turbine-powered 
transport category airplane with a type certificate issued after January 
1, 1958, and either a maximum type certificated passenger capacity of 30 
or more, or a maximum type certificated payload capacity of 7,500 pounds 
or more, unless instructions for maintenance and inspection of the fuel 
tank system are incorporated into its inspection program. These 
instructions must address the actual configuration of the fuel tank 
systems of each affected airplane, and must be approved by the FAA 
Aircraft Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane. Operators must submit their request through the 
cognizant Flight Standards District Office, who may add comments and 
then send it to the manager of the appropriate office. Thereafter, the 
approved instructions can be revised only with the approval of the FAA 
Aircraft Certification Office (ACO), or office of the Transport Airplane 
Directorate, having cognizance over the type certificate for the 
affected airplane. Operators must submit their request for revisions

[[Page 226]]

through the cognizant Flight Standards District Office, who may add 
comments and then send it to the manager of the appropriate office.

[Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 FR 35703, June 5, 2000; 
65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91-266, 66 FR 23130, May 
7, 2001; Amdt. 91-272, 67 FR 72834, Dec. 9, 2002]



Sec.  91.411  Altimeter system and altitude reporting equipment tests 
and inspections.

    (a) No person may operate an airplane, or helicopter, in controlled 
airspace under IFR unless--
    (1) Within the preceding 24 calendar months, each static pressure 
system, each altimeter instrument, and each automatic pressure altitude 
reporting system has been tested and inspected and found to comply with 
appendix E of part 43 of this chapter;
    (2) Except for the use of system drain and alternate static pressure 
valves, following any opening and closing of the static pressure system, 
that system has been tested and inspected and found to comply with 
paragraph (a), appendices E and F, of part 43 of this chapter; and
    (3) Following installation or maintenance on the automatic pressure 
altitude reporting system of the ATC transponder where data 
correspondence error could be introduced, the integrated system has been 
tested, inspected, and found to comply with paragraph (c), appendix E, 
of part 43 of this chapter.
    (b) The tests required by paragraph (a) of this section must be 
conducted by--
    (1) The manufacturer of the airplane, or helicopter, on which the 
tests and inspections are to be performed;
    (2) A certificated repair station properly equipped to perform those 
functions and holding--
    (i) An instrument rating, Class I;
    (ii) A limited instrument rating appropriate to the make and model 
of appliance to be tested;
    (iii) A limited rating appropriate to the test to be performed;
    (iv) An airframe rating appropriate to the airplane, or helicopter, 
to be tested; or
    (v) A limited rating for a manufacturer issued for the appliance in 
accordance with Sec.  145.101(b)(4) of this chapter; or
    (3) A certificated mechanic with an airframe rating (static pressure 
system tests and inspections only).
    (c) Altimeter and altitude reporting equipment approved under 
Technical Standard Orders are considered to be tested and inspected as 
of the date of their manufacture.
    (d) No person may operate an airplane, or helicopter, in controlled 
airspace under IFR at an altitude above the maximum altitude at which 
all altimeters and the automatic altitude reporting system of that 
airplane, or helicopter, have been tested.

    Effective Date Note: At 66 FR 41116, Aug. 6, 2001, Sec.  91.411 was 
amended by removing paragraph (b)(2)(v), effective Apr. 6, 2003. At 68 
FR 12542, Mar. 14, 2003, the effective date was delayed until Oct. 6, 
2003. At 68 FR 17546, Apr. 10, 2003, the effective date was corrected to 
read Oct. 3, 2003. At 68 FR 55819, Sept. 29, 2003, the effective date 
was delayed until Jan. 31, 2004.



Sec.  91.413  ATC transponder tests and inspections.

    (a) No persons may use an ATC transponder that is specified in 
91.215(a), 121.345(c), or Sec.  135.143(c) of this chapter unless, 
within the preceding 24 calendar months, the ATC transponder has been 
tested and inspected and found to comply with appendix F of part 43 of 
this chapter; and
    (b) Following any installation or maintenance on an ATC transponder 
where data correspondence error could be introduced, the integrated 
system has been tested, inspected, and found to comply with paragraph 
(c), appendix E, of part 43 of this chapter.
    (c) The tests and inspections specified in this section must be 
conducted by--
    (1) A certificated repair station properly equipped to perform those 
functions and holding--
    (i) A radio rating, Class III;
    (ii) A limited radio rating appropriate to the make and model 
transponder to be tested;
    (iii) A limited rating appropriate to the test to be performed;

[[Page 227]]

    (iv) A limited rating for a manufacturer issued for the transponder 
in accordance with Sec.  145.101(b)(4) of this chapter; or
    (2) A holder of a continuous airworthiness maintenance program as 
provided in part 121 or Sec.  135.411(a)(2) of this chapter; or
    (3) The manufacturer of the aircraft on which the transponder to be 
tested is installed, if the transponder was installed by that 
manufacturer.

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 
66 FR 21066, Apr. 27, 2001]

    Effective Date Note: At 66 FR 41116, Aug. 6, 2001, Sec.  91.413 was 
amended by removing paragraph (c)(1)(iv), effective Apr. 6, 2003. At 68 
FR 12542, Mar. 14, 2003, the effective date was delayed until Oct. 6, 
2003. At 68 FR 17546, Apr. 10, 2003, the effective date was corrected to 
read Oct. 3, 2003. At 68 FR 55819, Sept. 29, 2003, the effective date 
was delayed until Jan. 31, 2004.



Sec.  91.415  Changes to aircraft inspection programs.

    (a) Whenever the Administrator finds that revisions to an approved 
aircraft inspection program under Sec.  91.409(f)(4) or Sec.  91.1109 
are necessary for the continued adequacy of the program, the owner or 
operator must, after notification by the Administrator, make any changes 
in the program found to be necessary by the Administrator.
    (b) The owner or operator may petition the Administrator to 
reconsider the notice to make any changes in a program in accordance 
with paragraph (a) of this section.
    (c) The petition must be filed with the Director, Flight Standards 
Service within 30 days after the certificate holder or fractional 
ownership program manager receives the notice.
    (d) 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. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54560, Sept. 17, 2003]



Sec.  91.417  Maintenance records.

    (a) Except for work performed in accordance with Sec. Sec.  91.411 
and 91.413, each registered owner or operator shall keep the following 
records for the periods specified in paragraph (b) of this section:
    (1) Records of the maintenance, preventive maintenance, and 
alteration and records of the 100-hour, annual, progressive, and other 
required or approved inspections, as appropriate, for each aircraft 
(including the airframe) and each engine, propeller, rotor, and 
appliance of an aircraft. The records must include--
    (i) A description (or reference to data acceptable to the 
Administrator) of the work performed; and
    (ii) The date of completion of the work performed; and
    (iii) The signature, and certificate number of the person approving 
the aircraft for return to service.
    (2) Records containing the following information:
    (i) The total time in service of the airframe, each engine, each 
propeller, and each rotor.
    (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 current inspection status of the aircraft, including the 
time since the last inspection required by the inspection program under 
which the aircraft and its appliances are maintained.
    (v) The current status of applicable airworthiness directives (AD) 
including, for each, the method of compliance, the AD number, and 
revision date. If the AD involves recurring action, the time and date 
when the next action is required.
    (vi) Copies of the forms prescribed by Sec.  43.9(a) of this chapter 
for each major alteration to the airframe and currently installed 
engines, rotors, propellers, and appliances.
    (b) The owner or operator shall retain the following records for the 
periods prescribed:
    (1) 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.

[[Page 228]]

    (2) 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.
    (3) A list of defects furnished to a registered owner or operator 
under Sec.  43.11 of this chapter shall be retained until the defects 
are repaired and the aircraft is approved for return to service.
    (c) The owner or operator 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). In addition, the owner or operator 
shall present Form 337 described in paragraph (d) of this section for 
inspection upon request of any law enforcement officer.
    (d) When a fuel tank is installed within the passenger compartment 
or a baggage compartment pursuant to part 43 of this chapter, a copy of 
FAA Form 337 shall be kept on board the modified aircraft by the owner 
or operator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.419  Transfer of maintenance records.

    Any owner or operator 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 records specified in Sec.  91.417(a)(2).
    (b) The records specified in Sec.  91.417(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 by the seller does not relieve 
the purchaser of the responsibility under Sec.  91.417(c) to make the 
records available for inspection by the Administrator or any authorized 
representative of the National Transportation Safety Board (NTSB).



Sec.  91.421  Rebuilt engine maintenance records.

    (a) The owner or operator may use a new maintenance record, without 
previous operating history, for an aircraft engine rebuilt by the 
manufacturer or by an agency approved by the manufacturer.
    (b) Each manufacturer or agency that grants zero time to an engine 
rebuilt by it shall enter in the new record--
    (1) A signed statement of the date the engine was rebuilt;
    (2) Each change made as required by airworthiness directives; and
    (3) Each change made in compliance with manufacturer's service 
bulletins, if the entry is specifically requested in that bulletin.
    (c) For the purposes of this section, a rebuilt engine is a used 
engine that has been completely disassembled, inspected, repaired as 
necessary, reassembled, tested, and approved in the same manner and to 
the same tolerances and limits as a new engine with either new or used 
parts. However, all parts used in it must conform to the production 
drawing tolerances and limits for new parts or be of approved oversized 
or undersized dimensions for a new engine.



Sec. Sec.  91.423-91.499  [Reserved]



Subpart F_Large and Turbine-Powered Multiengine Airplanes and Fractional 
                       Ownership Program Aircraft

    Source: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.501  Applicability.

    (a) This subpart prescribes operating rules, in addition to those 
prescribed in other subparts of this part, governing the operation of 
large airplanes of U.S. registry, turbojet-powered multiengine civil 
airplanes of U.S. registry, and fractional ownership program aircraft of 
U.S. registry that are operating under subpart K of this part in 
operations not involving common carriage. The operating rules in this 
subpart do not apply to those aircraft when they are required to be 
operated under parts

[[Page 229]]

121, 125, 129, 135, and 137 of this chapter. (Section 91.409 prescribes 
an inspection program for large and for turbine-powered (turbojet and 
turboprop) multiengine airplanes and turbine-powered rotorcraft of U.S. 
registry when they are operated under this part or part 129 or 137.)
    (b) Operations that may be conducted under the rules in this subpart 
instead of those in parts 121, 129, 135, and 137 of this chapter when 
common carriage is not involved, include--
    (1) Ferry or training flights;
    (2) Aerial work operations such as aerial photography or survey, or 
pipeline patrol, but not including fire fighting operations;
    (3) Flights for the demonstration of an airplane to prospective 
customers when no charge is made except for those specified in paragraph 
(d) of this section;
    (4) Flights conducted by the operator of an airplane for his 
personal transportation, or the transportation of his guests when no 
charge, assessment, or fee is made for the transportation;
    (5) Carriage of officials, employees, guests, and property of a 
company on an airplane operated by that company, or the parent or a 
subsidiary of the company or a subsidiary of the parent, when the 
carriage is within the scope of, and incidental to, the business of the 
company (other than transportation by air) and no charge, assessment or 
fee is made for the carriage in excess of the cost of owning, operating, 
and maintaining the airplane, except that no charge of any kind may be 
made for the carriage of a guest of a company, when the carriage is not 
within the scope of, and incidental to, the business of that company;
    (6) The carriage of company officials, employees, and guests of the 
company on an airplane operated under a time sharing, interchange, or 
joint ownership agreement as defined in paragraph (c) of this section;
    (7) The carriage of property (other than mail) on an airplane 
operated by a person in the furtherance of a business or employment 
(other than transportation by air) when the carriage is within the scope 
of, and incidental to, that business or employment and no charge, 
assessment, or fee is made for the carriage other than those specified 
in paragraph (d) of this section;
    (8) The carriage on an airplane of an athletic team, sports group, 
choral group, or similar group having a common purpose or objective when 
there is no charge, assessment, or fee of any kind made by any person 
for that carriage; and
    (9) The carriage of persons on an airplane operated by a person in 
the furtherance of a business other than transportation by air for the 
purpose of selling them land, goods, or property, including franchises 
or distributorships, when the carriage is within the scope of, and 
incidental to, that business and no charge, assessment, or fee is made 
for that carriage.
    (10) Any operation identified in paragraphs (b)(1) through (b)(9) of 
this section when conducted--
    (i) By a fractional ownership program manager, or
    (ii) By a fractional owner in a fractional ownership program 
aircraft operated under subpart K of this part, except that a flight 
under a joint ownership arrangement under paragraph (b)(6) of this 
section may not be conducted. For a flight under an interchange 
agreement under paragraph (b)(6) of this section, the exchange of equal 
time for the operation must be properly accounted for as part of the 
total hours associated with the fractional owner's share of ownership.
    (c) As used in this section--
    (1) A time sharing agreement means an arrangement whereby a person 
leases his airplane with flight crew to another person, and no charge is 
made for the flights conducted under that arrangement other than those 
specified in paragraph (d) of this section;
    (2) An interchange agreement means an arrangement whereby a person 
leases his airplane to another person in exchange for equal time, when 
needed, on the other person's airplane, and no charge, assessment, or 
fee is made, except that a charge may be made not to exceed the 
difference between the cost of owning, operating, and maintaining the 
two airplanes;
    (3) A joint ownership agreement means an arrangement whereby one of 
the registered joint owners of an airplane employs and furnishes the 
flight crew

[[Page 230]]

for that airplane and each of the registered joint owners pays a share 
of the charge specified in the agreement.
    (d) The following may be charged, as expenses of a specific flight, 
for transportation as authorized by paragraphs (b) (3) and (7) and 
(c)(1) of this section:
    (1) Fuel, oil, lubricants, and other additives.
    (2) Travel expenses of the crew, including food, lodging, and ground 
transportation.
    (3) Hangar and tie-down costs away from the aircraft's base of 
operation.
    (4) Insurance obtained for the specific flight.
    (5) Landing fees, airport taxes, and similar assessments.
    (6) Customs, foreign permit, and similar fees directly related to 
the flight.
    (7) In flight food and beverages.
    (8) Passenger ground transportation.
    (9) Flight planning and weather contract services.
    (10) An additional charge equal to 100 percent of the expenses 
listed in paragraph (d)(1) of this section.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54560, Sept. 17, 2003]



Sec.  91.503  Flying equipment and operating information.

    (a) The pilot in command of an airplane shall ensure that the 
following flying equipment and aeronautical charts and data, in current 
and appropriate form, are accessible for each flight at the pilot 
station of the airplane:
    (1) A flashlight having at least two size ``D'' cells, or the 
equivalent, that is in good working order.
    (2) A cockpit checklist containing the procedures required by 
paragraph (b) of this section.
    (3) Pertinent aeronautical charts.
    (4) For IFR, VFR over-the-top, or night operations, each pertinent 
navigational en route, terminal area, and approach and letdown chart.
    (5) In the case of multiengine airplanes, one-engine inoperative 
climb performance data.
    (b) Each cockpit checklist must contain the following procedures and 
shall be used by the flight crewmembers when operating the airplane:
    (1) Before starting engines.
    (2) Before takeoff.
    (3) Cruise.
    (4) Before landing.
    (5) After landing.
    (6) Stopping engines.
    (7) Emergencies.
    (c) Each emergency cockpit checklist procedure required by paragraph 
(b)(7) of this section must contain the following procedures, as 
appropriate:
    (1) Emergency operation of fuel, hydraulic, electrical, and 
mechanical systems.
    (2) Emergency operation of instruments and controls.
    (3) Engine inoperative procedures.
    (4) Any other procedures necessary for safety.
    (d) The equipment, charts, and data prescribed in this section shall 
be used by the pilot in command and other members of the flight crew, 
when pertinent.



Sec.  91.505  Familiarity with operating limitations and emergency equipment.

    (a) Each pilot in command of an airplane shall, before beginning a 
flight, become familiar with the Airplane Flight Manual for that 
airplane, if one is required, and with any placards, listings, 
instrument markings, or any combination thereof, containing each 
operating limitation prescribed for that airplane by the Administrator, 
including those specified in Sec.  91.9(b).
    (b) Each required member of the crew shall, before beginning a 
flight, become familiar with the emergency equipment installed on the 
airplane to which that crewmember is assigned and with the procedures to 
be followed for the use of that equipment in an emergency situation.



Sec.  91.507  Equipment requirements: Over-the-top or night VFR operations.

    No person may operate an airplane over-the-top or at night under VFR 
unless that airplane is equipped with the instruments and equipment 
required for IFR operations under Sec.  91.205(d) and one electric 
landing light for night operations. Each required instrument and item of 
equipment must be in operable condition.

[[Page 231]]



Sec.  91.509  Survival equipment for overwater operations.

    (a) No person may take off an airplane for a flight over water more 
than 50 nautical miles from the nearest shore unless that airplane is 
equipped with a life preserver or an approved flotation means for each 
occupant of the airplane.
    (b) Except as provided in paragraph (c) of this section, no person 
may take off an airplane for flight over water more than 30 minutes 
flying time or 100 nautical miles from the nearest shore, whichever is 
less, unless it has on board the following survival equipment:
    (1) A life preserver, equipped with an approved survivor locator 
light, for each occupant of the airplane.
    (2) Enough liferafts (each equipped with an approved survival 
locator light) of a rated capacity and buoyancy to accommodate the 
occupants of the airplane.
    (3) At least one pyrotechnic signaling device for each liferaft.
    (4) One self-buoyant, water-resistant, portable emergency radio 
signaling device that is capable of transmission on the appropriate 
emergency frequency or frequencies and not dependent upon the airplane 
power supply.
    (5) A lifeline stored in accordance with Sec.  25.1411(g) of this 
chapter.
    (c) A fractional ownership program manager under subpart K of this 
part may apply for a deviation from paragraphs (b)(2) through (5) of 
this section for a particular over water operation or the Administrator 
may amend the management specifications to require the carriage of all 
or any specific items of the equipment listed in paragraphs (b)(2) 
through (5) of this section.
    (d) The required life rafts, life preservers, and signaling devices 
must be installed in conspicuously marked locations and easily 
accessible in the event of a ditching without appreciable time for 
preparatory procedures.
    (e) A survival kit, appropriately equipped for the route to be 
flown, must be attached to each required life raft.
    (f) As used in this section, the term shore means that area of the 
land adjacent to the water that is above the high water mark and 
excludes land areas that are intermittently under water.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54561, Sept. 17, 2003]



Sec.  91.511  Radio equipment for overwater operations.

    (a) Except as provided in paragraphs (c), (d), and (f) of this 
section, no person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest shore 
unless it has at least the following operable equipment:
    (1) Radio communication equipment appropriate to the facilities to 
be used and able to transmit to, and receive from, any place on the 
route, at least one surface facility:
    (i) Two transmitters.
    (ii) Two microphones.
    (iii) Two headsets or one headset and one speaker.
    (iv) Two independent receivers.
    (2) Appropriate electronic navigational equipment consisting of at 
least two independent electronic navigation units capable of providing 
the pilot with the information necessary to navigate the airplane within 
the airspace assigned by air traffic control. However, a receiver that 
can receive both communications and required navigational signals may be 
used in place of a separate communications receiver and a separate 
navigational signal receiver or unit.
    (b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this 
section, a receiver or electronic navigation unit is independent if the 
function of any part of it does not depend on the functioning of any 
part of another receiver or electronic navigation unit.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
a person may operate an airplane on which no passengers are carried from 
a place where repairs or replacement cannot be made to a place where 
they can be made, if not more than one of each of the dual items of 
radio communication and navigational equipment specified in paragraphs 
(a)(1) (i) through (iv) and (a)(2) of this section malfunctions or 
becomes inoperative.
    (d) Notwithstanding the provisions of paragraph (a) of this section, 
when

[[Page 232]]

both VHF and HF communications equipment are required for the route and 
the airplane has two VHF transmitters and two VHF receivers for 
communications, only one HF transmitter and one HF receiver is required 
for communications.
    (e) As used in this section, the term shore means that area of the 
land adjacent to the water which is above the high-water mark and 
excludes land areas which are intermittently under water.
    (f) Notwithstanding the requirements in paragraph (a)(2) of this 
section, a person may operate in the Gulf of Mexico, the Caribbean Sea, 
and the Atlantic Ocean west of a line which extends from 
44[deg]47[min]00[sec] N / 67[deg]00[min]00[sec] W to 
39[deg]00[min]00[sec] N / 67[deg]00[min]00[sec] W to 
38[deg]30[min]00[sec] N / 60[deg]00[min]00[sec] W south along the 
60[deg]00[min]00[sec] W longitude line to the point where the line 
intersects with the northern coast of South America, when:
    (1) A single long-range navigation system is installed, operational, 
and appropriate for the route; and
    (2) Flight conditions and the aircraft's capabilities are such that 
no more than a 30-minute gap in two-way radio very high frequency 
communications is expected to exist.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-249, 
61 FR 7190, Feb. 26, 1996]



Sec.  91.513  Emergency equipment.

    (a) No person may operate an airplane unless it is equipped with the 
emergency equipment listed in this section.
    (b) Each item of equipment--
    (1) Must be inspected in accordance with Sec.  91.409 to ensure its 
continued serviceability and immediate readiness for its intended 
purposes;
    (2) Must be readily accessible to the crew;
    (3) Must clearly indicate its method of operation; and
    (4) When carried in a compartment or container, must have that 
compartment or container marked as to contents and date of last 
inspection.
    (c) Hand fire extinguishers must be provided for use in crew, 
passenger, and cargo 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.
    (2) At least one hand fire extinguisher must be provided and located 
on or near the flight deck in a place that is readily accessible to the 
flight crew.
    (3) At least one hand fire extinguisher must be conveniently located 
in the passenger compartment of each airplane accommodating more than 
six but less than 31 passengers, and at least two hand fire 
extinguishers must be conveniently located in the passenger compartment 
of each airplane accommodating more than 30 passengers.
    (4) Hand fire extinguishers must be installed and secured in such a 
manner that they will not interfere with the safe operation of the 
airplane or adversely affect the safety of the crew and passengers. They 
must be readily accessible and, unless the locations of the fire 
extinguishers are obvious, their stowage provisions must be properly 
identified.
    (d) First aid kits for treatment of injuries likely to occur in 
flight or in minor accidents must be provided.
    (e) Each airplane accommodating more than 19 passengers must be 
equipped with a crash axe.
    (f) 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 but 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 the Administrator finds 
that a different location would be more useful for evacuation of persons 
during an emergency.
    (2) On each airplane with a seating capacity of 100 or more 
passengers, one megaphone installed at the forward end and one installed 
at the most rearward

[[Page 233]]

location where it would be readily accessible to a normal flight 
attendant seat.



Sec.  91.515  Flight altitude rules.

    (a) Notwithstanding Sec.  91.119, and except as provided in 
paragraph (b) of this section, no person may operate an airplane under 
VFR at less than--
    (1) One thousand feet above the surface, or 1,000 feet from any 
mountain, hill, or other obstruction to flight, for day operations; and
    (2) The altitudes prescribed in Sec.  91.177, for night operations.
    (b) This section does not apply--
    (1) During takeoff or landing;
    (2) When a different altitude is authorized by a waiver to this 
section under subpart J of this part; or
    (3) When a flight is conducted under the special VFR weather 
minimums of Sec.  91.157 with an appropriate clearance from ATC.



Sec.  91.517  Passenger information.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane carrying passengers unless it is equipped with 
signs that are visible to passengers and flight attendants to notify 
them when smoking is prohibited and when safety belts must be fastened. 
The signs must be so constructed that the crew can turn them on and off. 
They must be turned on during airplane movement on the surface, for each 
takeoff, for each landing, and when otherwise considered to be necessary 
by the pilot in command.
    (b) The pilot in command of an airplane that is not required, in 
accordance with applicable aircraft and equipment requirements of this 
chapter, to be equipped as provided in paragraph (a) of this section 
shall ensure that the passengers are notified orally each time that it 
is necessary to fasten their safety belts and when smoking is 
prohibited.
    (c) If passenger information signs are installed, no passenger or 
crewmember may smoke while any ``no smoking'' sign is lighted nor may 
any passenger or crewmember smoke in any lavatory.
    (d) Each passenger required by Sec.  91.107(a)(3) to occupy a seat 
or berth shall fasten his or her safety belt about him or her and keep 
it fastened while any ``fasten seat belt'' sign is lighted.
    (e) Each passenger shall comply with instructions given him or her 
by crewmembers regarding compliance with paragraphs (b), (c), and (d) of 
this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]



Sec.  91.519  Passenger briefing.

    (a) Before each takeoff the pilot in command of an airplane carrying 
passengers shall ensure that all passengers have been orally briefed 
on--
    (1) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited. This briefing shall include 
a statement, as appropriate, that the Federal Aviation Regulations 
require passenger compliance with lighted passenger information signs 
and no smoking placards, prohibit smoking in lavatories, and require 
compliance with crewmember instructions with regard to these items;
    (2) Use of safety belts and shoulder harnesses. Each passenger shall 
be briefed on when, where, and under what conditions it is necessary to 
have his or her safety belt and, if installed, his or her shoulder 
harness fastened about him or her. This briefing shall include a 
statement, as appropriate, that Federal Aviation Regulations require 
passenger compliance with the lighted passenger sign and/or crewmember 
instructions with regard to these items;
    (3) Location and means for opening the passenger entry door and 
emergency exits;
    (4) Location of survival equipment;
    (5) Ditching procedures and the use of flotation equipment required 
under Sec.  91.509 for a flight over water; and
    (6) The normal and emergency use of oxygen equipment installed on 
the airplane.
    (b) The oral briefing required by paragraph (a) of this section 
shall be given by the pilot in command or a member of the crew, but need 
not be given when the pilot in command determines that the passengers 
are familiar with the contents of the briefing. It may be supplemented 
by printed cards for the use of each passenger containing--
    (1) A diagram of, and methods of operating, the emergency exits; and

[[Page 234]]

    (2) Other instructions necessary for use of emergency equipment.
    (c) Each card used under paragraph (b) must be carried in convenient 
locations on the airplane for the use of each passenger and must contain 
information that is pertinent only to the type and model airplane on 
which it is used.
    (d) For operations under subpart K of this part, the passenger 
briefing requirements of Sec.  91.1035 apply, instead of the 
requirements of paragraphs (a) through (c) of this section.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42672, Sept. 15, 1992; Amdt. 91-274, 68 FR 54561, Sept. 17, 2003]



Sec.  91.521  Shoulder harness.

    (a) No person may operate a transport category airplane that was 
type certificated after January 1, 1958, unless it is equipped at each 
seat at a flight deck station with a combined safety belt and shoulder 
harness that meets the applicable requirements specified in Sec.  25.785 
of this chapter, 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.
    (b) No person may operate a transport category airplane unless it is 
equipped at each required flight attendant seat in the passenger 
compartment with a combined safety belt and shoulder harness that meets 
the applicable requirements specified in Sec.  25.785 of this chapter, 
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.



Sec.  91.523  Carry-on baggage.

    No pilot in command of an airplane having a seating capacity of more 
than 19 passengers may permit a passenger to stow baggage aboard that 
airplane except--
    (a) In a suitable baggage or cargo storage compartment, or as 
provided in Sec.  91.525; or
    (b) Under a passenger seat in such a way that it will not slide 
forward under crash impacts severe enough to induce the ultimate inertia 
forces specified in Sec.  25.561(b)(3) of this chapter, or the 
requirements of the regulations under which the airplane was type 
certificated. Restraining devices must also limit sideward motion of 
under-seat baggage and be designed to withstand crash impacts severe 
enough to induce sideward forces specified in Sec.  25.561(b)(3) of this 
chapter.



Sec.  91.525  Carriage of cargo.

    (a) No pilot in command may permit cargo to be carried in any 
airplane unless--
    (1) It is carried in an approved cargo rack, bin, or compartment 
installed in the airplane;
    (2) It is secured by means approved by the Administrator; or
    (3) It is carried in accordance with each of the following:
    (i) 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.
    (ii) It is packaged or covered to avoid possible injury to 
passengers.
    (iii) It does not impose any load on seats or on the floor structure 
that exceeds the load limitation for those components.
    (iv) It is not located in a position that restricts the access to or 
use of any required emergency or regular exit, or the use of the aisle 
between the crew and the passenger compartment.
    (v) It is not carried directly above seated passengers.
    (b) 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

[[Page 235]]

of the compartment with the contents of a hand fire extinguisher.



Sec.  91.527  Operating in icing conditions.

    (a) No pilot may take off an airplane that has--
    (1) Frost, snow, or ice adhering to any propeller, windshield, or 
powerplant installation or to an airspeed, altimeter, rate of climb, or 
flight attitude instrument system;
    (2) Snow or ice adhering to the wings or stabilizing or control 
surfaces; or
    (3) Any frost adhering to the wings or stabilizing or control 
surfaces, unless that frost has been polished to make it smooth.
    (b) Except for an airplane that has ice protection provisions that 
meet the requirements in section 34 of Special Federal Aviation 
Regulation No. 23, or those for transport category airplane type 
certification, no pilot may fly--
    (1) Under IFR into known or forecast moderate icing conditions; or
    (2) Under VFR into known light or moderate icing conditions unless 
the aircraft has functioning de-icing or anti-icing equipment protecting 
each propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system.
    (c) Except for an airplane that has ice protection provisions that 
meet the requirements in section 34 of Special Federal Aviation 
Regulation No. 23, or those for transport category airplane type 
certification, no pilot may fly an airplane into known or forecast 
severe icing conditions.
    (d) If current weather reports and briefing information relied upon 
by the pilot in command indicate that the forecast icing conditions that 
would otherwise prohibit the flight will not be encountered during the 
flight because of changed weather conditions since the forecast, the 
restrictions in paragraphs (b) and (c) of this section based on forecast 
conditions do not apply.



Sec.  91.529  Flight engineer requirements.

    (a) No person may operate the following airplanes without a flight 
crewmember holding a current flight engineer certificate:
    (1) 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.
    (2) An airplane type certificated after January 1, 1964, for which a 
flight engineer is required by the type certification requirements.
    (b) No person may serve as a required flight engineer on an airplane 
unless, within the preceding 6 calendar months, that person has had at 
least 50 hours of flight time as a flight engineer on that type airplane 
or has been checked by the Administrator on that type airplane and is 
found to be familiar and competent with all essential current 
information and operating procedures.



Sec.  91.531  Second in command requirements.

    (a) Except as provided in paragraph (b) and (d) of this section, no 
person may operate the following airplanes without a pilot who is 
designated as second in command of that airplane:
    (1) A large airplane, except that a person may operate an airplane 
certificated under SFAR 41 without a pilot who is designated as second 
in command if that airplane is certificated for operation with one 
pilot.
    (2) A turbojet-powered multiengine airplane for which two pilots are 
required under the type certification requirements for that airplane.
    (3) A commuter category airplane, except that a person may operate a 
commuter category airplane notwithstanding paragraph (a)(1) of this 
section, that has a passenger seating configuration, excluding pilot 
seats, of nine or less without a pilot who is designated as second in 
command if that airplane is type certificated for operations with one 
pilot.
    (b) The Administrator may issue a letter of authorization for the 
operation of an airplane without compliance with the requirements of 
paragraph (a) of this section if that airplane is designed for and type 
certificated with only one pilot station. The authorization contains any 
conditions that the Administrator finds necessary for safe operation.

[[Page 236]]

    (c) No person may designate a pilot to serve as second in command, 
nor may any pilot serve as second in command, of an airplane required 
under this section to have two pilots unless that pilot meets the 
qualifications for second in command prescribed in Sec.  61.55 of this 
chapter.
    (d) No person may operate an aircraft under subpart K of this part 
without a pilot who is designated as second in command of that aircraft 
in accordance with Sec.  91.1049(d). The second in command must meet the 
experience requirements of Sec.  91.1053.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-274, 
68 FR 54561, Sept. 17, 2003]



Sec.  91.533  Flight attendant requirements.

    (a) No person may operate an airplane unless at least the following 
number of flight attendants are on board the airplane:
    (1) For airplanes having more than 19 but less than 51 passengers on 
board, one flight attendant.
    (2) For airplanes having more than 50 but less than 101 passengers 
on board, two flight attendants.
    (3) For airplanes having more than 100 passengers on board, two 
flight attendants plus one additional flight attendant for each unit (or 
part of a unit) of 50 passengers above 100.
    (b) No person may serve as a flight attendant on an airplane when 
required by paragraph (a) of this section unless that person has 
demonstrated to the pilot in command familiarity with the necessary 
functions to be performed in an emergency or a situation requiring 
emergency evacuation and is capable of using the emergency equipment 
installed on that airplane.



Sec.  91.535  Stowage of food, beverage, and passenger service 
equipment during aircraft movement on the surface, takeoff, and landing.

    (a) No operator may move an aircraft on the surface, take off, or 
land when any food, beverage, or tableware furnished by the operator is 
located at any passenger seat.
    (b) No operator may move an aircraft 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 operator may permit an aircraft to move on the surface, take 
off, or land unless each passenger serving cart is secured in its stowed 
position.
    (d) No operator may permit an aircraft to move on the surface, take 
off, or land unless each movie screen that extends into the aisle is 
stowed.
    (e) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]



Sec. Sec.  91.536-91.599  [Reserved]



Subpart G_Additional Equipment and Operating Requirements for Large and 
                       Transport Category Aircraft

    Source: Docket No. 18334, 54 FR 34318, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.601  Applicability.

    This subpart applies to operation of large and transport category 
U.S.-registered civil aircraft.



Sec.  91.603  Aural speed warning device.

    No person may operate a transport category airplane in air commerce 
unless that airplane is equipped with an aural speed warning device that 
complies with Sec.  25.1303(c)(1).



Sec.  91.605  Transport category civil airplane weight limitations.

    (a) No person may take off any transport category airplane (other 
than a turbine-engine-powered airplane certificated after September 30, 
1958) unless--
    (1) The takeoff weight does not exceed the authorized maximum 
takeoff weight for the elevation of the airport of takeoff;
    (2) The elevation of the airport of takeoff is within the altitude 
range for which maximum takeoff weights have been determined;
    (3) Normal consumption of fuel and oil in flight to the airport of 
intended landing will leave a weight on arrival

[[Page 237]]

not in excess of the authorized maximum landing weight for the elevation 
of that airport; and
    (4) The elevations of the airport of intended landing and of all 
specified alternate airports are within the altitude range for which the 
maximum landing weights have been determined.
    (b) No person may operate a turbine-engine-powered transport 
category airplane certificated after September 30, 1958, contrary to the 
Airplane Flight Manual, or take off that airplane unless--
    (1) The takeoff weight does not exceed the takeoff weight specified 
in the Airplane Flight Manual for the elevation of the airport and for 
the ambient temperature existing at the time of takeoff;
    (2) Normal consumption of fuel and oil in flight to the airport of 
intended landing and to the alternate airports will leave a weight on 
arrival not in excess of the landing weight specified in the Airplane 
Flight Manual for the elevation of each of the airports involved and for 
the ambient temperatures expected at the time of landing;
    (3) The takeoff weight does not exceed the weight shown in the 
Airplane Flight Manual to correspond with the minimum distances required 
for takeoff, considering the elevation of the airport, the runway to be 
used, the effective runway gradient, the ambient temperature and wind 
component at the time of takeoff, and, if operating limitations exist 
for the minimum distances required for takeoff from wet runways, the 
runway surface condition (dry or wet). Wet runway distances associated 
with grooved or porous friction course runways, if provided in the 
Airplane Flight Manual, may be used only for runways that are grooved or 
treated with a porous friction course (PFC) overlay, and that the 
operator determines are designed, constructed, and maintained in a 
manner acceptable to the Administrator.
    (4) Where the takeoff distance includes a clearway, the clearway 
distance is not greater than one-half of--
    (i) The takeoff run, in the case of airplanes certificated after 
September 30, 1958, and before August 30, 1959; or
    (ii) The runway length, in the case of airplanes certificated after 
August 29, 1959.
    (c) No person may take off a turbine-engine-powered transport 
category airplane certificated after August 29, 1959, unless, in 
addition to the requirements of paragraph (b) of this section--
    (1) The accelerate-stop distance is no greater than the length of 
the runway plus the length of the stopway (if present); and
    (2) The takeoff distance is no greater than the length of the runway 
plus the length of the clearway (if present); and
    (3) The takeoff run is no greater than the length of the runway.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-256, 
63 FR 8321, Feb. 18, 1998]



Sec.  91.607  Emergency exits for airplanes carrying passengers for hire.

    (a) Notwithstanding any other provision of this chapter, no person 
may operate a large airplane (type certificated under the Civil Air 
Regulations effective before April 9, 1957) in passenger-carrying 
operations for hire, with more than the number of occupants--
    (1) Allowed under Civil Air Regulations Sec.  4b.362 (a), (b), and 
(c) as in effect on December 20, 1951; or
    (2) Approved under Special Civil Air Regulations SR-387, SR-389, SR-
389A, or SR-389B, or under this section as in effect.

However, an airplane type listed in the following table may be operated 
with up to the listed number of occupants (including crewmembers) and 
the corresponding number of exits (including emergency exits and doors) 
approved for the emergency exit of passengers or with an occupant-exit 
configuration approved under paragraph (b) or (c) of this section.

------------------------------------------------------------------------
                                                           Corresponding
                                          Maximum number     number of
              Airplane type                of occupants        exits
                                           including all  authorized for
                                            crewmembers    passenger use
------------------------------------------------------------------------
B-307...................................              61               4
B-377...................................              96               9
C-46....................................              67               4
CV-240..................................              53               6
CV-340 and CV-440.......................              53               6
DC-3....................................              35               4
DC-3 (Super)............................              39               5
DC-4....................................              86               5
DC-6....................................              87               7

[[Page 238]]

 
DC-6B...................................             112              11
L-18....................................              17               3
L-049, L-649, L-749.....................              87               7
L-1049 series...........................              96               9
M-202...................................              53               6
M-404...................................              53               7
Viscount 700 series.....................              53               7
------------------------------------------------------------------------

    (b) Occupants in addition to those authorized under paragraph (a) of 
this section may be carried as follows:
    (1) For each additional floor-level exit at least 24 inches wide by 
48 inches high, with an unobstructed 20-inch-wide access aisleway 
between the exit and the main passenger aisle, 12 additional occupants.
    (2) For each additional window exit located over a wing that meets 
the requirements of the airworthiness standards under which the airplane 
was type certificated or that is large enough to inscribe an ellipse 
19x26 inches, eight additional occupants.
    (3) For each additional window exit that is not located over a wing 
but that otherwise complies with paragraph (b)(2) of this section, five 
additional occupants.
    (4) For each airplane having a ratio (as computed from the table in 
paragraph (a) of this section) of maximum number of occupants to number 
of exits greater than 14:1, and for each airplane that does not have at 
least one full-size, door-type exit in the side of the fuselage in the 
rear part of the cabin, the first additional exit must be a floor-level 
exit that complies with paragraph (b)(1) of this section and must be 
located in the rear part of the cabin on the opposite side of the 
fuselage from the main entrance door. However, no person may operate an 
airplane under this section carrying more than 115 occupants unless 
there is such an exit on each side of the fuselage in the rear part of 
the cabin.
    (c) No person may eliminate any approved exit except in accordance 
with the following:
    (1) The previously authorized maximum number of occupants must be 
reduced by the same number of additional occupants authorized for that 
exit under this section.
    (2) Exits must be eliminated in accordance with the following 
priority schedule: First, non-over-wing window exits; second, over-wing 
window exits; third, floor-level exits located in the forward part of 
the cabin; and fourth, floor-level exits located in the rear of the 
cabin.
    (3) At least one exit must be retained on each side of the fuselage 
regardless of the number of occupants.
    (4) No person may remove any exit that would result in a ratio of 
maximum number of occupants to approved exits greater than 14:1.
    (d) This section does not relieve any person operating under part 
121 of this chapter from complying with Sec.  121.291.



Sec.  91.609  Flight recorders and cockpit voice recorders.

    (a) No holder of an air carrier operating certificate or an 
operating certificate may conduct any operation under this part with an 
aircraft listed in the holder's operations specifications or current 
list of aircraft used in air transportation unless that aircraft 
complies with any applicable flight recorder and cockpit voice recorder 
requirements of the part under which its certificate is issued except 
that the operator may--
    (1) Ferry an aircraft with an inoperative flight recorder or cockpit 
voice recorder from a place where repair or replacement cannot be made 
to a place where they can be made;
    (2) Continue a flight as originally planned, if the flight recorder 
or cockpit voice recorder becomes inoperative after the aircraft has 
taken off;
    (3) Conduct an airworthiness flight test during which the flight 
recorder or cockpit voice recorder is turned off to test it or to test 
any communications or electrical equipment installed in the aircraft; or
    (4) Ferry a newly acquired aircraft from the place where possession 
of it is taken to a place where the flight recorder or cockpit voice 
recorder is to be installed.
    (b) Notwithstanding paragraphs (c) and (e) of this section, an 
operator other than the holder of an air carrier or a commercial 
operator certificate may--

[[Page 239]]

    (1) Ferry an aircraft with an inoperative flight recorder or cockpit 
voice recorder from a place where repair or replacement cannot be made 
to a place where they can be made;
    (2) Continue a flight as originally planned if the flight recorder 
or cockpit voice recorder becomes inoperative after the aircraft has 
taken off;
    (3) Conduct an airworthiness flight test during which the flight 
recorder or cockpit voice recorder is turned off to test it or to test 
any communications or electrical equipment installed in the aircraft;
    (4) Ferry a newly acquired aircraft from a place where possession of 
it was taken to a place where the flight recorder or cockpit voice 
recorder is to be installed; or
    (5) Operate an aircraft:
    (i) For not more than 15 days while the flight recorder and/or 
cockpit voice recorder is inoperative and/or removed for repair provided 
that the aircraft maintenance records contain an entry that indicates 
the date of failure, and a placard is located in view of the pilot to 
show that the flight recorder or cockpit voice recorder is inoperative.
    (ii) For not more than an additional 15 days, provided that the 
requirements in paragraph (b)(5)(i) are met and that a certificated 
pilot, or a certificated person authorized to return an aircraft to 
service under Sec.  43.7 of this chapter, certifies in the aircraft 
maintenance records that additional time is required to complete repairs 
or obtain a replacement unit.
    (c) No person may operate a U.S. civil registered, multiengine, 
turbine-powered airplane or rotorcraft having a passenger seating 
configuration, excluding any pilot seats of 10 or more that has been 
manufactured after October 11, 1991, 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, that are capable of recording the data 
specified in appendix E to this part, for an airplane, or appendix F to 
this part, for a rotorcraft, of this part within the range, accuracy, 
and recording interval specified, and that are capable of retaining no 
less than 8 hours of aircraft operation.
    (d) Whenever a flight recorder, required by this section, is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll or the rotorcraft begins lift-off until 
the airplane has completed the landing roll or the rotorcraft has landed 
at its destination.
    (e) Unless otherwise authorized by the Administrator, after October 
11, 1991, no person may operate a U.S. civil registered multiengine, 
turbine-powered airplane or rotorcraft having a passenger seating 
configuration of six passengers or more and for which two pilots are 
required by type certification or operating rule unless it is equipped 
with an approved cockpit voice recorder that:
    (1) Is installed in compliance with Sec.  23.1457(a) (1) and (2), 
(b), (c), (d), (e), (f), and (g); Sec.  25.1457(a) (1) and (2), (b), 
(c), (d), (e), (f), and (g); Sec.  27.1457(a) (1) and (2), (b), (c), 
(d), (e), (f), and (g); or Sec.  29.1457(a) (1) and (2), (b), (c), (d), 
(e), (f), and (g) of this chapter, as applicable; and
    (2) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (f) 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 15 
minutes earlier may be erased or otherwise obliterated.
    (g) In the event of an accident or occurrence requiring immediate 
notification to the National Transportation Safety Board under part 830 
of its regulations that results in the termination of the flight, any 
operator who has installed approved flight recorders and approved 
cockpit voice recorders 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 the 
investigation under part 830. The Administrator does not use the cockpit 
voice recorder

[[Page 240]]

record in any civil penalty or certificate action.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-226, 
56 FR 51621, Oct. 11, 1991; Amdt. 91-228, 57 FR 19353, May 5, 1992]



Sec.  91.611  Authorization for ferry flight with one engine inoperative.

    (a) General. The holder of an air carrier operating certificate or 
an operating certificate issued under part 125 may conduct a ferry 
flight of a four-engine airplane or a turbine-engine-powered airplane 
equipped with three engines, with one engine inoperative, to a base for 
the purpose of repairing that engine subject to the following:
    (1) The airplane model has been test flown and found satisfactory 
for safe flight in accordance with paragraph (b) or (c) of this section, 
as appropriate. However, each operator who before November 19, 1966, has 
shown that a model of airplane with an engine inoperative is 
satisfactory for safe flight by a test flight conducted in accordance 
with performance data contained in the applicable Airplane Flight Manual 
under paragraph (a)(2) of this section need not repeat the test flight 
for that model.
    (2) The approved Airplane Flight Manual contains the following 
performance data and the flight is conducted in accordance with that 
data:
    (i) Maximum weight.
    (ii) Center of gravity limits.
    (iii) Configuration of the inoperative propeller (if applicable).
    (iv) Runway length for takeoff (including temperature 
accountability).
    (v) Altitude range.
    (vi) Certificate limitations.
    (vii) Ranges of operational limits.
    (viii) Performance information.
    (ix) Operating procedures.
    (3) The operator has FAA approved procedures for the safe operation 
of the airplane, including specific requirements for--
    (i) Limiting the operating weight on any ferry flight to the minimum 
necessary for the flight plus the necessary reserve fuel load;
    (ii) A limitation that takeoffs must be made from dry runways 
unless, based on a showing of actual operating takeoff techniques on wet 
runways with one engine inoperative, takeoffs with full controllability 
from wet runways have been approved for the specific model aircraft and 
included in the Airplane Flight Manual:
    (iii) Operations from airports where the runways may require a 
takeoff or approach over populated areas; and
    (iv) Inspection procedures for determining the operating condition 
of the operative engines.
    (4) No person may take off an airplane under this section if--
    (i) The initial climb is over thickly populated areas; or
    (ii) Weather conditions at the takeoff or destination airport are 
less than those required for VFR flight.
    (5) Persons other than required flight crewmembers shall not be 
carried during the flight.
    (6) No person may use a flight crewmember for flight under this 
section unless that crewmember is thoroughly familiar with the operating 
procedures for one-engine inoperative ferry flight contained in the 
certificate holder's manual and the limitations and performance 
information in the Airplane Flight Manual.
    (b) Flight tests: reciprocating-engine-powered airplanes. The 
airplane performance of a reciprocating-engine-powered airplane with one 
engine inoperative must be determined by flight test as follows:
    (1) A speed not less than 1.3 VS1 must be chosen at which 
the airplane may be controlled satisfactorily in a climb with the 
critical engine inoperative (with its propeller removed or in a 
configuration desired by the operator and with all other engines 
operating at the maximum power determined in paragraph (b)(3) of this 
section.
    (2) The distance required to accelerate to the speed listed in 
paragraph (b)(1) of this section and to climb to 50 feet must be 
determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in 
a configuration desired by the operator; and
    (iii) The other engines operating at not more than maximum power 
established under paragraph (b)(3) of this section.
    (3) The takeoff, flight and landing procedures, such as the 
approximate

[[Page 241]]

trim settings, method of power application, maximum power, and speed 
must be established.
    (4) The performance must be determined at a maximum weight not 
greater than the weight that allows a rate of climb of at least 400 feet 
per minute in the en route configuration set forth in Sec.  25.67(d) of 
this chapter in effect on January 31, 1977, at an altitude of 5,000 
feet.
    (5) The performance must be determined using temperature 
accountability for the takeoff field length, computed in accordance with 
Sec.  25.61 of this chapter in effect on January 31, 1977.
    (c) Flight tests: Turbine-engine-powered airplanes. The airplane 
performance of a turbine-engine-powered airplane with one engine 
inoperative must be determined by flight tests, including at least three 
takeoff tests, in accordance with the following:
    (1) Takeoff speeds VR and V2, not less than 
the corresponding speeds under which the airplane was type certificated 
under Sec.  25.107 of this chapter, must be chosen at which the airplane 
may be controlled satisfactorily with the critical engine inoperative 
(with its propeller removed or in a configuration desired by the 
operator, if applicable) and with all other engines operating at not 
more than the power selected for type certification as set forth in 
Sec.  25.101 of this chapter.
    (2) The minimum takeoff field length must be the horizontal distance 
required to accelerate and climb to the 35-foot height at V2 
speed (including any additional speed increment obtained in the tests) 
multiplied by 115 percent and determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in 
a configuration desired by the operator (if applicable); and
    (iii) The other engine operating at not more than the power selected 
for type certification as set forth in Sec.  25.101 of this chapter.
    (3) The takeoff, flight, and landing procedures such as the 
approximate trim setting, method of power application, maximum power, 
and speed must be established. The airplane must be satisfactorily 
controllable during the entire takeoff run when operated according to 
these procedures.
    (4) The performance must be determined at a maximum weight not 
greater than the weight determined under Sec.  25.121(c) of this chapter 
but with--
    (i) The actual steady gradient of the final takeoff climb 
requirement not less than 1.2 percent at the end of the takeoff path 
with two critical engines inoperative; and
    (ii) The climb speed not less than the two-engine inoperative trim 
speed for the actual steady gradient of the final takeoff climb 
prescribed by paragraph (c)(4)(i) of this section.
    (5) The airplane must be satisfactorily controllable in a climb with 
two critical engines inoperative. Climb performance may be shown by 
calculations based on, and equal in accuracy to, the results of testing.
    (6) The performance must be determined using temperature 
accountability for takeoff distance and final takeoff climb computed in 
accordance with Sec.  25.101 of this chapter.

For the purpose of paragraphs (c)(4) and (5) of this section, two 
critical engines means two adjacent engines on one side of an airplane 
with four engines, and the center engine and one outboard engine on an 
airplane with three engines.



Sec.  91.613  Materials for compartment interiors.

    (a) No person may operate an airplane that conforms to an amended or 
supplemental type certificate issued in accordance with SFAR No. 41 for 
a maximum certificated takeoff weight in excess of 12,500 pounds unless 
within 1 year after issuance of the initial airworthiness certificate 
under that SFAR the airplane meets the compartment interior requirements 
set forth in Sec.  25.853 (a), (b), (b-1), (b-2), and (b-3) of this 
chapter in effect on September 26, 1978.
    (b) Thermal/acoustic insulation materials. For transport category 
airplanes type certificated after January 1, 1958:
    (1) For airplanes manufactured before September 2, 2005, when 
thermal/acoustic insulation materials are installed in the fuselage as 
replacements after September 2, 2005, those materials

[[Page 242]]

must meet the flame propagation requirements of Sec.  25.856 of this 
chapter, effective September 2, 2003.
    (2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the 
flame propagation requirements of Sec.  25.856 of this chapter, 
effective September 2, 2003.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-275, 
68 FR 45083, July 31, 2003]



Sec. Sec.  91.615-91.699  [Reserved]



Subpart H_Foreign Aircraft Operations and Operations of U.S.-Registered 
Civil Aircraft Outside of the United States; and Rules Governing Persons 
                         on Board Such Aircraft

    Source: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.701  Applicability.

    (a) This subpart applies to the operations of civil aircraft of U.S. 
registry outside of the United States and the operations of foreign 
civil aircraft within the United States.
    (b) Section 91.702 of this subpart also applies to each person on 
board an aircraft operated as follows:
    (1) A U.S. registered civil aircraft operated outside the United 
States;
    (2) Any aircraft operated outside the United States--
    (i) That has its next scheduled destination or last place of 
departure in the United States if the aircraft next lands in the United 
States; or
    (ii) If the aircraft lands in the United States with the individual 
still on the aircraft regardless of whether it was a scheduled or 
otherwise planned landing site.

[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]



Sec.  91.702  Persons on board.

    Section 91.11 of this part (Prohibitions on interference with 
crewmembers) applies to each person on board an aircraft.

[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]



Sec.  91.703  Operations of civil aircraft of U.S. registry outside 
of the United States.

    (a) Each person operating a civil aircraft of U.S. registry outside 
of the United States shall--
    (1) When over the high seas, comply with annex 2 (Rules of the Air) 
to the Convention on International Civil Aviation and with Sec. Sec.  
91.117(c), 91.127, 91.129, and 91.131;
    (2) When within a foreign country, comply with the regulations 
relating to the flight and maneuver of aircraft there in force;
    (3) Except for Sec. Sec.  91.307(b), 91.309, 91.323, and 91.711, 
comply with this part so far as it is not inconsistent with applicable 
regulations of the foreign country where the aircraft is operated or 
annex 2 of the Convention on International Civil Aviation; and
    (4) When operating within airspace designated as Minimum Navigation 
Performance Specifications (MNPS) airspace, comply with Sec.  91.705. 
When operating within airspace designated as Reduced Vertical Separation 
Minimum (RVSM) airspace, comply with Sec.  91.706.
    (b) Annex 2 to the Convention on International Civil Aviation, Ninth 
Edition--July 1990, with Amendments through Amendment 32 effective 
February 19, 1996, to which reference is made in this part, is 
incorporated into this part and made a part hereof as provided in 5 
U.S.C. Sec.  552 and pursuant to 1 CFR part 51. Annex 2 (including a 
complete historic file of changes thereto) is available for public 
inspection at the Rules Docket, AGC-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC. In addition, Annex 2 may be purchased from the 
International Civil Aviation Organization (Attention: Distribution 
Officer), P.O. Box 400, Succursale, Place de L'Aviation Internationale, 
1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2.

[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991; Amdt. 91-254, 62 FR 17487, Apr. 9, 1997]

[[Page 243]]



Sec.  91.705  Operations within airspace designated as Minimum Navigation 
Performance Specification Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Minimum Navigation Performance Specifications airspace unless--
    (1) The aircraft has approved navigation performance capability that 
complies with the requirements of appendix C of this part; and
    (2) The operator is authorized by the Administrator to perform such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 3 of appendix C 
to this part.

[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]



Sec.  91.706  Operations within airspace designed as Reduced Vertical 
Separation Minimum Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Reduced Vertical Separation Minimum (RVSM) airspace unless:
    (1) The operator and the operator's aircraft comply with the 
requirements of appendix G of this part; and
    (2) The operator is authorized by the Administrator to conduct such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 5 of appendix G 
to this part.

[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]



Sec.  91.707  Flights between Mexico or Canada and the United States.

    Unless otherwise authorized by ATC, no person may operate a civil 
aircraft between Mexico or Canada and the United States without filing 
an IFR or VFR flight plan, as appropriate.



Sec.  91.709  Operations to Cuba.

    No person may operate a civil aircraft from the United States to 
Cuba unless--
    (a) Departure is from an international airport of entry designated 
in Sec.  6.13 of the Air Commerce Regulations of the Bureau of Customs 
(19 CFR 6.13); and
    (b) In the case of departure from any of the 48 contiguous States or 
the District of Columbia, the pilot in command of the aircraft has 
filed--
    (1) A DVFR or IFR flight plan as prescribed in Sec.  99.11 or Sec.  
99.13 of this chapter; and
    (2) A written statement, within 1 hour before departure, with the 
Office of Immigration and Naturalization Service at the airport of 
departure, containing--
    (i) All information in the flight plan;
    (ii) The name of each occupant of the aircraft;
    (iii) The number of occupants of the aircraft; and
    (iv) A description of the cargo, if any.

This section does not apply to the operation of aircraft by a scheduled 
air carrier over routes authorized in operations specifications issued 
by the Administrator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec.  91.711  Special rules for foreign civil aircraft.

    (a) General. In addition to the other applicable regulations of this 
part, each person operating a foreign civil aircraft within the United 
States shall comply with this section.
    (b) VFR. No person may conduct VFR operations which require two-way 
radio communications under this part unless at least one crewmember of 
that aircraft is able to conduct two-way radio communications in the 
English language and is on duty during that operation.
    (c) IFR. No person may operate a foreign civil aircraft under IFR 
unless--
    (1) That aircraft is equipped with--
    (i) Radio equipment allowing two-way radio communication with ATC 
when it is operated in controlled airspace; and
    (ii) Radio navigational equipment appropriate to the navigational 
facilities to be used;
    (2) Each person piloting the aircraft--
    (i) Holds a current United States instrument rating or is authorized 
by his

[[Page 244]]

foreign airman certificate to pilot under IFR; and
    (ii) Is thoroughly familiar with the United States en route, 
holding, and letdown procedures; and
    (3) At least one crewmember of that aircraft is able to conduct two-
way radiotelephone communications in the English language and that 
crewmember is on duty while the aircraft is approaching, operating 
within, or leaving the United States.
    (d) Over water. Each person operating a foreign civil aircraft over 
water off the shores of the United States shall give flight notification 
or file a flight plan in accordance with the Supplementary Procedures 
for the ICAO region concerned.
    (e) Flight at and above FL 240. If VOR navigational equipment is 
required under paragraph (c)(1)(ii) of this section, no person may 
operate a foreign civil aircraft within the 50 States and the District 
of Columbia at or above FL 240, unless the aircraft is equipped with 
distance measuring equipment (DME) capable of receiving and indicating 
distance information from the VORTAC facilities to be used. When DME 
required by this paragraph fails at and above FL 240, the pilot in 
command of the aircraft shall notify ATC immediately and may then 
continue operations at and above FL 240 to the next airport of intended 
landing at which repairs or replacement of the equipment can be made. 
However, paragraph (e) of this section does not apply to foreign civil 
aircraft that are not equipped with DME when operated for the following 
purposes and if ATC is notified prior to each takeoff:
    (1) Ferry flights to and from a place in the United States where 
repairs or alterations are to be made.
    (2) Ferry flights to a new country of registry.
    (3) Flight of a new aircraft of U.S. manufacture for the purpose 
of--
    (i) Flight testing the aircraft;
    (ii) Training foreign flight crews in the operation of the aircraft; 
or
    (iii) Ferrying the aircraft for export delivery outside the United 
States.
    (4) Ferry, demonstration, and test flight of an aircraft brought to 
the United States for the purpose of demonstration or testing the whole 
or any part thereof.

[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec.  91.713  Operation of civil aircraft of Cuban registry.

    No person may operate a civil aircraft of Cuban registry except in 
controlled airspace and in accordance with air traffic clearance or air 
traffic control instructions that may require use of specific airways or 
routes and landings at specific airports.



Sec.  91.715  Special flight authorizations for foreign civil aircraft.

    (a) Foreign civil aircraft may be operated without airworthiness 
certificates required under Sec.  91.203 if a special flight 
authorization for that operation is issued under this section. 
Application for a special flight authorization must be made to the 
Flight Standards Division Manager or Aircraft Certification Directorate 
Manager of the FAA region in which the applicant is located or to the 
region within which the U.S. point of entry is located. However, in the 
case of an aircraft to be operated in the U.S. for the purpose of 
demonstration at an airshow, the application may be made to the Flight 
Standards Division Manager or Aircraft Certification Directorate Manager 
of the FAA region in which the airshow is located.
    (b) The Administrator may issue a special flight authorization for a 
foreign civil aircraft subject to any conditions and limitations that 
the Administrator considers necessary for safe operation in the U.S. 
airspace.
    (c) No person may operate a foreign civil aircraft under a special 
flight authorization unless that operation also complies with part 375 
of the Special Regulations of the Department of Transportation (14 CFR 
part 375).

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]

[[Page 245]]



Sec. Sec.  91.717-91.799  [Reserved]



                    Subpart I_Operating Noise Limits

    Source: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless 
otherwise noted.



Sec.  91.801  Applicability: Relation to part 36.

    (a) This subpart prescribes operating noise limits and related 
requirements that apply, as follows, to the operation of civil aircraft 
in the United States.
    (1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to 
civil subsonic jet (turbojet) airplanes with maximum weights of more 
than 75,000 pounds and--
    (i) If U.S. registered, that have standard airworthiness 
certificates; or
    (ii) If foreign registered, that would be required by this chapter 
to have a U.S. standard airworthiness certificate in order to conduct 
the operations intended for the airplane were it registered in the 
United States. Those sections apply to operations to or from airports in 
the United States under this part and parts 121, 125, 129, and 135 of 
this chapter.
    (2) Section 91.813 applies to U.S. operators of civil subsonic jet 
(turbojet) airplanes covered by this subpart. This section applies to 
operators operating to or from airports in the United States under this 
part and parts 121, 125, and 135, but not to those operating under part 
129 of this chapter.
    (3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered 
civil supersonic airplanes having standard airworthiness certificates 
and to foreign-registered civil supersonic airplanes that, if registered 
in the United States, would be required by this chapter to have U.S. 
standard airworthiness certificates in order to conduct the operations 
intended for the airplane. Those sections apply to operations under this 
part and under parts 121, 125, 129, and 135 of this chapter.
    (b) Unless otherwise specified, as used in this subpart ``part 36'' 
refers to 14 CFR part 36, including the noise levels under appendix C of 
that part, notwithstanding the provisions of that part excepting certain 
airplanes from the specified noise requirements. For purposes of this 
subpart, the various stages of noise levels, the terms used to describe 
airplanes with respect to those levels, and the terms ``subsonic 
airplane'' and ``supersonic airplane'' have the meanings specified under 
part 36 of this chapter. For purposes of this subpart, for subsonic 
airplanes operated in foreign air commerce in the United States, the 
Administrator may accept compliance with the noise requirements under 
annex 16 of the International Civil Aviation Organization when those 
requirements have been shown to be substantially compatible with, and 
achieve results equivalent to those achievable under, part 36 for that 
airplane. Determinations made under these provisions are subject to the 
limitations of Sec.  36.5 of this chapter as if those noise levels were 
part 36 noise levels.
    (c) Sections 91.851 through 91.877 of this subpart prescribe 
operating noise limits and related requirements that apply to any civil 
subsonic jet (turbojet) airplane (for which an airworthiness certificate 
other than an experimental certificate has been issued by the 
Administrator) with a maximum certificated takeoff weight of more than 
75,000 pounds operating to or from an airport in the 48 contiguous 
United States and the District of Columbia under this part, parts 121, 
125, 129, or 135 of this chapter on and after September 25, 1991.
    (d) Section 91.877 prescribes reporting requirements that apply to 
any civil subsonic jet (turbojet) airplane with a maximum weight of more 
than 75,000 pounds operated by an air carrier or foreign air carrier 
between the contiguous United States and the State of Hawaii, between 
the State of Hawaii and any point outside of the 48 contiguous United 
States, or between the islands of Hawaii in turnaround service, under 
part 121 or 129 of this chapter on or after November 5, 1990.

[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989, as amended by Amdt. 91-225, 56 FR 48658, Sept. 25, 1991; 
Amdt. 91-252, 61 FR 66185, Dec. 16, 1996; Amdt. 91-275, 67 FR 45237, 
July 8, 2002; Amdt. 91-276, 67 FR 46571, July 15, 2002]

[[Page 246]]



Sec.  91.803  Part 125 operators: Designation of applicable regulations.

    For airplanes covered by this subpart and operated under part 125 of 
this chapter, the following regulations apply as specified:
    (a) For each airplane operation to which requirements prescribed 
under this subpart applied before November 29, 1980, those requirements 
of this subpart continue to apply.
    (b) For each subsonic airplane operation to which requirements 
prescribed under this subpart did not apply before November 29, 1980, 
because the airplane was not operated in the United States under this 
part or part 121, 129, or 135 of this chapter, the requirements 
prescribed under Sec.  91.805 of this subpart apply.
    (c) For each supersonic airplane operation to which requirements 
prescribed under this subpart did not apply before November 29, 1980, 
because the airplane was not operated in the United States under this 
part or part 121, 129, or 135 of this chapter, the requirements of 
Sec. Sec.  91.819 and 91.821 of this subpart apply.
    (d) For each airplane required to operate under part 125 for which a 
deviation under that part is approved to operate, in whole or in part, 
under this part or part 121, 129, or 135 of this chapter, 
notwithstanding the approval, the requirements prescribed under 
paragraphs (a), (b), and (c) of this section continue to apply.

[Docket No. 18334, 54 FR 34321, Aug. 18, 1989, as amended by Amdt. 91-
276, 67 FR 46571, July 15, 2002]



Sec.  91.805  Final compliance: Subsonic airplanes.

    Except as provided in Sec. Sec.  91.809 and 91.811, on and after 
January 1, 1985, no person may operate to or from an airport in the 
United States any subsonic airplane covered by this subpart unless that 
airplane has been shown to comply with Stage 2 or Stage 3 noise levels 
under part 36 of this chapter.



Sec.  Sec.  91.807--91.813  [Reserved]



Sec.  91.815  Agricultural and fire fighting airplanes: Noise operating 
limitations.

    (a) This section applies to propeller-driven, small airplanes having 
standard airworthiness certificates that are designed for ``agricultural 
aircraft operations'' (as defined in Sec.  137.3 of this chapter, as 
effective on January 1, 1966) or for dispensing fire fighting materials.
    (b) If the Airplane Flight Manual, or other approved manual material 
information, markings, or placards for the airplane indicate that the 
airplane has not been shown to comply with the noise limits under part 
36 of this chapter, no person may operate that airplane, except--
    (1) To the extent necessary to accomplish the work activity directly 
associated with the purpose for which it is designed;
    (2) To provide flight crewmember training in the special purpose 
operation for which the airplane is designed; and
    (3) To conduct ``nondispensing aerial work operations'' in 
accordance with the requirements under Sec.  137.29(c) of this chapter.



Sec.  91.817  Civil aircraft sonic boom.

    (a) No person may operate a civil aircraft in the United States at a 
true flight Mach number greater than 1 except in compliance with 
conditions and limitations in an authorization to exceed Mach 1 issued 
to the operator under appendix B of this part.
    (b) In addition, no person may operate a civil aircraft for which 
the maximum operating limit speed MM0 exceeds a Mach number 
of 1, to or from an airport in the United States, unless--
    (1) Information available to the flight crew includes flight 
limitations that ensure that flights entering or leaving the United 
States will not cause a sonic boom to reach the surface within the 
United States; and
    (2) The operator complies with the flight limitations prescribed in 
paragraph (b)(1) of this section or complies with conditions and 
limitations in an authorization to exceed Mach 1 issued under appendix B 
of this part.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[[Page 247]]



Sec.  91.819  Civil supersonic airplanes that do not comply with part 36.

    (a) Applicability. This section applies to civil supersonic 
airplanes that have not been shown to comply with the Stage 2 noise 
limits of part 36 in effect on October 13, 1977, using applicable trade-
off provisions, and that are operated in the United States, after July 
31, 1978.
    (b) Airport use. Except in an emergency, the following apply to each 
person who operates a civil supersonic airplane to or from an airport in 
the United States:
    (1) Regardless of whether a type design change approval is applied 
for under part 21 of this chapter, no person may land or take off an 
airplane covered by this section for which the type design is changed, 
after July 31, 1978, in a manner constituting an ``acoustical change'' 
under Sec.  21.93 unless the acoustical change requirements of part 36 
are complied with.
    (2) No flight may be scheduled, or otherwise planned, for takeoff or 
landing after 10 p.m. and before 7 a.m. local time.



Sec.  91.821  Civil supersonic airplanes: Noise limits.

    Except for Concorde airplanes having flight time before January 1, 
1980, no person may operate in the United States, a civil supersonic 
airplane that does not comply with Stage 2 noise limits of part 36 in 
effect on October 13, 1977, using applicable trade-off provisions.



Sec. Sec.  91.823-91.849  [Reserved]



Sec.  91.851  Definitions.

    For the purposes of Sec.  91.851 through 91.877 of this subpart:
    Contiguous United States means the area encompassed by the 48 
contiguous United States and the District of Columbia.
    Fleet means those civil subsonic jet (turbojet) airplanes with a 
maximum certificated weight of more than 75,000 pounds that are listed 
on an operator's operations specifications as eligible for operation in 
the contiguous United States.
    Import means a change in ownership of an airplane from a non-U.S. 
person to a U.S. person when the airplane is brought into the United 
States for operation.
    Operations specifications means an enumeration of airplanes by type, 
model, series, and serial number operated by the operator or foreign air 
carrier on a given day, regardless of how or whether such airplanes are 
formally listed or designated by the operator.
    Owner means any person that has indicia of ownership sufficient to 
register the airplane in the United States pursuant to part 47 of this 
chapter.
    New entrant means an air carrier or foreign air carrier that, on or 
before November 5, 1990, did not conduct operations under part 121 or 
129 of this chapter using an airplane covered by this subpart to or from 
any airport in the contiguous United States, but that initiates such 
operation after that date.
    Stage 2 noise levels mean the requirements for Stage 2 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 3 noise levels mean the requirements for Stage 3 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 2 airplane means a civil subsonic jet (turbojet) airplane with 
a maximum certificated weight of 75,000 pounds or more that complies 
with Stage 2 noise levels as defined in part 36 of this chapter.
    Stage 3 airplane means a civil subsonic jet (turbojet) airplane with 
a maximum certificated weight of 75,000 pounds or more that complies 
with Stage 3 noise levels as defined in part 36 of this chapter.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996; Amdt. 91-275, 67 FR 45237, July 8, 
2002]



Sec.  91.853  Final compliance: Civil subsonic airplanes.

Except as provided in Sec.  91.873, after December 31, 1999, no person 
shall operate to or from any airport in the contiguous United States any 
airplane subject to Sec.  91.801(c) of this subpart, unless that 
airplane has been shown to comply with Stage 3 noise levels.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991]

[[Page 248]]



Sec.  91.855  Entry and nonaddition rule.

    No person may operate any airplane subject to Sec.  91.801(c) of 
this subpart to or from an airport in the contiguous United States 
unless one or more of the following apply:
    (a) The airplane complies with Stage 3 noise levels.
    (b) The airplane complies with Stage 2 noise levels and was owned by 
a U.S. person on and since November 5, 1990. Stage 2 airplanes that meet 
these criteria and are leased to foreign airlines are also subject to 
the return provisions of paragraph (e) of this section.
    (c) The airplane complies with Stage 2 noise levels, is owned by a 
non-U.S. person, and is the subject of a binding lease to a U.S. person 
effective before and on September 25, 1991. Any such airplane may be 
operated for the term of the lease in effect on that date, and any 
extensions thereof provided for in that lease.
    (d) The airplane complies with Stage 2 noise levels and is operated 
by a foreign air carrier.
    (e) The airplane complies with Stage 2 noise levels and is operated 
by a foreign operator other than for the purpose of foreign air 
commerce.
    (f) The airplane complies with Stage 2 noise levels and--
    (1) On November 5, 1990, was owned by:
    (i) A corporation, trust, or partnership organized under the laws of 
the United States or any State (including individual States, 
territories, possessions, and the District of Columbia);
    (ii) An individual who is a citizen of the United States; or
    (iii) An entity owned or controlled by a corporation, trust, 
partnership, or individual described in paragraph (f)(1) (i) or (ii) of 
this section; and
    (2) Enters into the United States not later than 6 months after the 
expiration of a lease agreement (including any extensions thereof) 
between an owner described in paragraph (f)(1) of this section and a 
foreign airline.
    (g) The airplane complies with Stage 2 noise levels and was 
purchased by the importer under a written contract executed before 
November 5, 1990.
    (h) Any Stage 2 airplane described in this section is eligible for 
operation in the contiguous United States only as provided under Sec.  
91.865 or 91.867.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]



Sec.  91.857  Stage 2 operations outside of the 48 contiguous United States.

    An operator of a Stage 2 airplane that is operating only between 
points outside the contiguous United States on or after November 5, 
1990, must include in its operations specifications a statement that 
such airplane may not be used to provide air transportation to or from 
any airport in the contiguous United States.

[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002]



Sec.  91.858  Special flight authorizations for non-revenue Stage 2 
operations.

    (a) After December 31, 1999, any operator of a Stage 2 airplane over 
75,000 pounds may operate that airplane in nonrevenue service in the 
contiguous United States only for the following purposes:
    (1) Sell, lease, or scrap the airplane;
    (2) Obtain modifications to meet Stage 3 noise levels;
    (3) Obtain scheduled heavy maintenance or significant modifications;
    (4) Deliver the airplane to a lessee or return it to a lessor;
    (5) Park or store the airplane; and
    (6) Prepare the airplane for any of the purposes listed in paragraph 
(a)(1) thru (a)(5) of this section.
    (b) An operator of a Stage 2 airplane that needs to operate in the 
contiguous United States for any of the purposes listed above may apply 
to FAA's Office of Environment and Energy for a special flight 
authorization. The applicant must file in advance. Applications are due 
30 days in advance of the planned flight and must provide the 
information necessary for the FAA to determine that the planned flight 
is within the limits prescribed in the law.

[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002]



Sec.  91.859  [Reserved]



Sec.  91.861  Base level.

    (a) U.S. Operators. The base level of a U.S. operator is equal to 
the number of

[[Page 249]]

owned or leased Stage 2 airplanes subject to Sec.  91.801(c) of this 
subpart that were listed on that operator's operations specifications 
for operations to or from airports in the contiguous United States on 
any one day selected by the operator during the period January 1, 1990, 
through July 1, 1991, plus or minus adjustments made pursuant to 
paragraphs (a) (1) and (2).
    (1) The base level of a U.S. operator shall be increased by a number 
equal to the total of the following--
    (i) The number of Stage 2 airplanes returned to service in the 
United States pursuant to Sec.  91.855(f);
    (ii) The number of Stage 2 airplanes purchased pursuant to Sec.  
91.855(g); and
    (iii) Any U.S. operator base level acquired with a Stage 2 airplane 
transferred from another person under Sec.  91.863.
    (2) The base level of a U.S. operator shall be decreased by the 
amount of U.S. operator base level transferred with the corresponding 
number of Stage 2 airplanes to another person under Sec.  91.863.
    (b) Foreign air carriers. The base level of a foreign air carrier is 
equal to the number of owned or leased Stage 2 airplanes that were 
listed on that carrier's U.S. operations specifications on any one day 
during the period January 1, 1990, through July 1, 1991, plus or minus 
any adjustments to the base levels made pursuant to paragraphs (b) (1) 
and (2).
    (1) The base level of a foreign air carrier shall be increased by 
the amount of foreign air carrier base level acquired with a Stage 2 
airplane from another person under Sec.  91.863.
    (2) The base level of a foreign air carrier shall be decreased by 
the amount of foreign air carrier base level transferred with a Stage 2 
airplane to another person under Sec.  91.863.
    (c) New entrants do not have a base level.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]



Sec.  91.863  Transfers of Stage 2 airplanes with base level.

    (a) Stage 2 airplanes may be transferred with or without the 
corresponding amount of base level. Base level may not be transferred 
without the corresponding number of Stage 2 airplanes.
    (b) No portion of a U.S. operator's base level established under 
Sec.  91.861(a) may be used for operations by a foreign air carrier. No 
portion of a foreign air carrier's base level established under Sec.  
91.861(b) may be used for operations by a U.S. operator.
    (c) Whenever a transfer of Stage 2 airplanes with base level occurs, 
the transferring and acquiring parties shall, within 10 days, jointly 
submit written notification of the transfer to the FAA, Office of 
Environment and Energy. Such notification shall state:
    (1) The names of the transferring and acquiring parties;
    (2) The name, address, and telephone number of the individual 
responsible for submitting the notification on behalf of the 
transferring and acquiring parties;
    (3) The total number of Stage 2 airplanes transferred, listed by 
airplane type, model, series, and serial number;
    (4) The corresponding amount of base level transferred and whether 
it is U.S. operator or foreign air carrier base level; and
    (5) The effective date of the transaction.
    (d) If, taken as a whole, a transaction or series of transactions 
made pursuant to this section does not produce an increase or decrease 
in the number of Stage 2 airplanes for either the acquiring or 
transferring operator, such transaction or series of transactions may 
not be used to establish compliance with the requirements of Sec.  
91.865.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]



Sec.  91.865  Phased compliance for operators with base level.

    Except as provided in paragraph (a) of this section, each operator 
that operates an airplane under part 91, 121, 125, 129, or 135 of this 
chapter, regardless of the national registry of the airplane, shall 
comply with paragraph (b) or (d) of this section at each interim 
compliance date with regard to its subsonic airplane fleet covered by 
Sec.  91.801(c) of this subpart.
    (a) This section does not apply to new entrants covered by Sec.  
91.867 or to foreign operators not engaged in foreign air commerce.

[[Page 250]]

    (b) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall reduce the number 
of Stage 2 airplanes it operates that are eligible for operation in the 
contiguous United States to a maximum of:
    (1) After December 31, 1994, 75 percent of the base level held by 
the operator;
    (2) After December 31, 1996, 50 percent of the base level held by 
the operator;
    (3) After December 31, 1998, 25 percent of the base level held by 
the operator.
    (c) Except as provided under Sec.  91.871, the number of Stage 2 
airplanes that must be reduced at each compliance date contained in 
paragraph (b) of this section shall be determined by reference to the 
amount of base level held by the operator on that compliance date, as 
calculated under Sec.  91.861.
    (d) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall operate a fleet 
that consists of:
    (1) After December 31, 1994, not less than 55 percent Stage 3 
airplanes;
    (2) After December 31, 1996, not less than 65 percent Stage 3 
airplanes;
    (3) After December 31, 1998, not less than 75 percent Stage 3 
airplanes.
    (e) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]



Sec.  91.867  Phased compliance for new entrants.

    (a) New entrant U.S. air carriers.
    (1) A new entrant initiating operations under part 121 of this 
chapter on or before December 31, 1994, may initiate service without 
regard to the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (b) New entrant foreign air carriers.
    (1) A new entrant foreign air carrier initiating part 129 operations 
on or before December 31, 1994, may initiate service without regard to 
the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (c) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]



Sec.  91.869  Carry-forward compliance.

    (a) Any operator that exceeds the requirements of paragraph (b) of 
Sec.  91.865 of this part on or before December 31, 1994, or on or 
before December 31, 1996, may claim a credit that may be applied at a 
subsequent interim compliance date.
    (b) Any operator that eliminates or modifies more Stage 2 airplanes 
pursuant to Sec.  91.865(b) than required as of December 31, 1994, or 
December 31, 1996, may count the number of additional Stage 2 airplanes 
reduced as a credit toward--
    (1) The number of Stage 2 airplanes it would otherwise be required 
to reduce following a subsequent interim compliance date specified in 
Sec.  91.865(b); or
    (2) The number of Stage 3 airplanes it would otherwise be required 
to operate in its fleet following a subsequent interim compliance date 
to meet the percentage requirements specified in Sec.  91.865(d).

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18, 
1991]



Sec.  91.871  Waivers from interim compliance requirements.

    (a) Any U.S. operator or foreign air carrier subject to the 
requirements of

[[Page 251]]

Sec.  91.865 or 91.867 of this subpart may request a waiver from any 
individual compliance requirement.
    (b) Applications must be filed with the Secretary of Transportation 
at least 120 days prior to the compliance date from which the waiver is 
requested.
    (c) Applicants must show that a grant of waiver would be in the 
public interest, and must include in its application its plans and 
activities for modifying its fleet, including evidence of good faith 
efforts to comply with the requirements of Sec.  91.865 or Sec.  91.867. 
The application should contain all information the applicant considers 
relevant, including, as appropriate, the following:
    (1) The applicant's balance sheet and cash flow positions;
    (2) The composition of the applicant's current fleet; and
    (3) The applicant's delivery position with respect to new airplanes 
or noise-abatement equipment.
    (d) Waivers will be granted only upon a showing by the applicant 
that compliance with the requirements of Sec.  91.865 or 91.867 at a 
particular interim compliance date is financially onerous, physically 
impossible, or technologically infeasible, or that it would have an 
adverse effect on competition or on service to small communities.
    (e) The conditions of any waiver granted under this section shall be 
determined by the circumstances presented in the application, but in no 
case may the term extend beyond the next interim compliance date.
    (f) A summary of any request for a waiver under this section will be 
published in the Federal Register, and public comment will be invited. 
Unless the Secretary finds that circumstances require otherwise, the 
public comment period will be at least 14 days.

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991]



Sec.  91.873  Waivers from final compliance.

    (a) A U.S. air carrier or a foreign air carrier may apply for a 
waiver from the prohibition contained in Sec.  91.853 of this part for 
its remaining Stage 2 airplanes, provided that, by July 1, 1999, at 
least 85 percent of the airplanes used by the carrier to provide service 
to or from an airport in the contiguous United States will comply with 
the Stage 3 noise levels.
    (b) An application for the waiver described in paragraph (a) of this 
section must be filed with the Secretary of Transportation no later than 
January 1, 1999, or, in the case of a foreign air carrier, no later than 
April 20, 2000. Such application must include a plan with firm orders 
for replacing or modifying all airplanes to comply with Stage 3 noise 
levels at the earliest practicable time.
    (c) To be eligible to apply for the waiver under this section, a new 
entrant U.S. air carrier must initiate service no later than January 1, 
1999, and must comply fully with all provisions of this section.
    (d) The Secretary may grant a waiver under this section if the 
Secretary finds that granting such waiver is in the public interest. In 
making such a finding, the Secretary shall include consideration of the 
effect of granting such waiver on competition in the air carrier 
industry and the effect on small community air service, and any other 
information submitted by the applicant that the Secretary considers 
relevant.
    (e) The term of any waiv